Is someone always fully at fault in a Los Angeles personal injury accident?
No, someone is not always fully at fault in a Los Angeles personal injury accident. California follows a system of pure comparative negligence, meaning multiple parties can share fault for an injury, and your own contribution to the accident reduces the compensation you can recover.
Even if you share some blame, you can still pursue a claim for the other party's portion of responsibility. A court will determine each party's percentage of fault and reduce your damages accordingly, allowing recovery even if you are mostly at fault.
What types of personal injury claims does Casa Legal Los Angeles handle?
Casa Legal Los Angeles helps individuals harmed by another's carelessness or intentional acts. We handle claims arising from car accidents, slip and falls, dog bites, and injuries due to defective products. Our work focuses on getting you relief for your medical costs, lost earnings, and emotional suffering.
Whether your injury happened on a busy Los Angeles street or a sidewalk near your home, we investigate how it occurred and who is responsible. Our goal is to secure the full compensation available under California law for your specific facts.
How long do you have to file a personal injury claim in Los Angeles?
Most California personal injury claims must be filed within two years (Code of Civil Procedure § 335.1). This two-year period typically begins on the date of your injury or the discovery of it.
However, if your claim is against a city, county, or any other public agency in Los Angeles, you must present a written claim to that entity within six months (Government Code § 911.2). Missing this shorter deadline can prevent you from filing a lawsuit later. The deadline is generally paused while an injured person is a minor (CCP § 352), but that pause does not apply to claims against public entities.
What a claim is worth depends on the specific facts; California law allows recovery for medical costs, lost earnings, and non-economic harm. These could include the cost of medical treatment, rehabilitation, lost wages, diminished earning capacity, and compensation for pain, suffering, and emotional distress. If your loved one died due to another's negligence in Los Angeles, you could pursue a wrongful death claim for financial support, lost gifts, and the loss of companionship.
What should you do after an injury in Los Angeles?
- Get Medical Attention: Your health is the top priority. Seek immediate medical care for your injuries, even if they seem minor. Keep records of all your medical visits and treatments.
- Report the Incident: For car accidents, call the police. For injuries on property, report it to the property owner or manager. Ensure an official report is created.
- Document Everything: Take photos or videos of the accident scene, your injuries, and any property damage. Gather contact information from witnesses. Do not speak with an insurance adjuster without legal guidance.
- Keep Records: Save all documents related to your injury, including medical bills, prescription receipts, and records of lost wages.
- Consult a Personal Injury Attorney: A lawyer can explain your rights, investigate your claim, and deal with insurance companies on your behalf. This helps protect your right to fair compensation.
Where does a personal injury claim from Los Angeles get filed?
A personal injury case in Los Angeles County is filed in the judicial district where the incident occurred. In the city of Los Angeles, this generally means your case will go to the Superior Court of California, County of Los Angeles. Under LASC Local Rule 2.3 and General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024, your case will be assigned to that district's Personal Injury Hub department.
The primary courthouse for the Central District, which covers much of Los Angeles, is the Stanley Mosk Courthouse at 111 N Hill St, Los Angeles, CA 90012. You do not need to appear there in person to begin the process. Our team regularly works with the Los Angeles court system.
What does working with Casa Legal Los Angeles involve?
When you choose Casa Legal Los Angeles, you get a team focused on your recovery. We start by listening to your story and understanding the full impact of your injuries. We then handle all communications with insurance companies, gather evidence, and build a strong case designed to recover what you deserve.
Our commitment is to simplify the legal process for you, allowing you to focus on getting better. We explain each step clearly, from filing paperwork to negotiating a settlement or representing you in court. Many of our clients come from communities throughout the region, including Compton, Commerce, and Claremont, and they know we are dedicated to their specific needs.
Frequently Asked Questions
What is comparative negligence in California?
California's pure comparative negligence rule means that if you are partly responsible for an accident, the amount of money you can recover will be reduced by your percentage of fault. For example, if a jury decides you were 20% at fault for a car crash, your total compensation would be reduced by 20%.
What if my injury happened on property owned by the City of Los Angeles?
If your injury occurred on property owned by the City of Los Angeles or any other public entity, you must present a written claim to that entity within six months of the injury date, as per Government Code § 911.2. Failure to meet this strict deadline can cause you to lose your right to pursue a lawsuit.
How does Casa Legal Los Angeles charge for personal injury cases?
Casa Legal Los Angeles works on a contingency fee basis for personal injury cases. This means you do not pay any attorney's fees or case costs unless we win your case. If we do not secure compensation for you, you owe us nothing for our legal services, and no case costs either.
What should I say to the other driver's insurance company after an accident in Los Angeles?
You should not provide a statement or discuss the details of your accident with the other driver's insurance company without first consulting an attorney. Insurance adjusters work to protect their company's bottom line, and anything you say could be used against you to minimize your claim.
If you or someone you love has been injured in Los Angeles, speak with a personal injury attorney today. Call Casa Legal Los Angeles at 888-585-2529 for a conversation about your options. No attorney's fees or case costs unless we win. This content provides general legal information and is not legal advice. Deadlines have exceptions, and you should confirm what applies to your specific facts with an attorney.