What mistakes ruin a La Verne pedestrian accident claim?
Ignoring medical advice or waiting too long to get medical care after a pedestrian accident in La Verne can severely damage your claim. Insurance companies look for any reason to deny or reduce what they pay, and gaps in treatment make it seem like your injuries are not serious or were not caused by the accident itself.
Another common mistake involves speaking with the other driver's insurance adjuster without legal representation. Adjusters work for the insurance company, not for you, and they often try to get you to say things that can be used against you later.
What injuries count in a La Verne pedestrian accident?
California law recognizes a wide range of injuries from pedestrian accidents, from fractures and soft tissue damage to severe head trauma. A pedestrian hit by a vehicle often suffers direct impact injuries, like bone breaks or joint dislocations, and secondary injuries from hitting the ground.
These incidents frequently lead to serious or catastrophic injuries, including spinal cord damage, internal organ damage, and severe lacerations. Traumatic brain injuries are also common, with symptoms that might not appear immediately but can have long-lasting effects on a person's life.
California law allows for recovery of economic damages, like medical bills and lost wages, and non-economic damages, which account for pain, suffering, and emotional distress. What a claim is worth depends on the specific facts.
Where do La Verne pedestrian accident cases get filed?
Personal injury cases arising from incidents in La Verne are generally filed in the Superior Court of California, County of Los Angeles. Specifically, these cases go to the Pomona Courthouse South, located at 400 Civic Center Plaza, Pomona, CA 91766.
In Los Angeles County, a personal injury case is filed in the judicial district where the incident occurred and is assigned to that district's Personal Injury Hub department, per LASC Local Rule 2.3 and the General Order regarding Assignment and Transfer of Personal Injury Cases, effective May 17, 2024.
How long do you have to file a pedestrian accident lawsuit in La Verne?
Most personal injury claims in California, including those from pedestrian accidents in La Verne, must be filed within two years of the injury date (Cal. Code Civ. Proc. § 335.1). This deadline applies to personal injury and wrongful death cases.
If your claim involves a city, county, or other public agency in La Verne or Los Angeles County, a written claim must first be presented to the public entity within six months of the injury (Cal. Gov. Code § 911.2). Failing to meet this shorter deadline typically bars you from filing a lawsuit later.
The deadline is generally paused while an injured person is a minor (Cal. Code Civ. Proc. § 352). However, this pause does not apply to claims against public entities under the Government Claims Act.
What should you do after a pedestrian accident?
- Seek Medical Attention: Your health is the first priority. Even if you feel fine, get checked by a doctor. Some injuries, especially head injuries or internal trauma, might not show immediate symptoms. Follow all medical advice and keep records of your treatment.
- Report the Accident: Call the police to the scene so they can create an official report. This report is a key piece of evidence, documenting the time, location, and initial details of the incident in La Verne.
- Gather Information: If you are able, collect the contact and insurance information from the driver involved. Get names and numbers of any witnesses. Take photos of the accident scene, vehicle damage, your injuries, and any relevant road conditions.
- Avoid Discussing Fault: Do not admit fault or make statements that could be interpreted as admitting fault, to anyone at the scene or to insurance adjusters. Stick to the facts.
- Contact a Lawyer: An attorney experienced in personal injury law can help you understand your rights, deal with insurance companies, and ensure all deadlines are met. Many law firms, including ours, offer free consultations to discuss your specific situation.
What does working with Casa Legal Los Angeles involve?
When you work with Casa Legal Los Angeles after a pedestrian accident in La Verne, our focus is on building your case and pursuing the full compensation available under California law. We start by investigating the accident, gathering evidence, and identifying all responsible parties.
Our team handles communication with insurance companies, collects medical records, and works to quantify all your damages, both economic and non-economic. We aim to reach a fair settlement through negotiation. If a fair settlement isn't possible, we are ready to take your case to court.
We represent clients throughout Los Angeles County, including communities like Paramount, Pasadena, Lawndale, and Alhambra. Our experience extends to various types of personal injury cases, always with a commitment to our clients.
Frequently Asked Questions
What if the driver who hit me in La Verne was uninsured?
If the driver was uninsured, your options depend on your own insurance policy. Your uninsured motorist (UM) coverage might cover your medical expenses, lost wages, and other damages. Review your policy details or consult an attorney to understand what coverage applies to your situation.
Can I still get compensation if I was partly at fault for the accident?
California follows a pure comparative negligence rule. This means you can still recover damages even if you were partly responsible for the accident. Your compensation would be reduced by your percentage of fault. For example, if you were found 20% at fault, you would receive 80% of your total damages.
What kinds of compensation can I seek after a pedestrian accident in La Verne?
You can seek compensation for economic damages like medical bills (past and future), lost wages, loss of earning capacity, and property damage. You can also claim non-economic damages for pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life. The specific facts of your case determine the available compensation.
Do I have to go to the Pomona Courthouse South in person for my case?
Not necessarily. While the Pomona Courthouse South is where personal injury cases for La Verne incidents are filed, much of the legal process happens outside of court. Your attorney handles filings, negotiations, and many other aspects. You would generally only need to appear for specific hearings or a trial, if your case proceeds to that stage.
If you or a loved one were hurt in a pedestrian accident in La Verne, you don't have to face the legal process alone. Contact Casa Legal Los Angeles for a free consultation. Call us today at 888-585-2529. No attorney's fees unless we win — and no case costs either.