Monterey Park Personal Injury Lawyer

Personal Injury Attorney in Monterey Park, CA

Suffering an injury due to a person’s negligent or reckless behavior can be frustrating and life-altering. Injuries often come with unplanned expenses and lifestyle adjustments that could impact an individual’s quality of life. This may result in both financial and emotional distress. You may be entitled to compensation for the losses endured, and a Monterey Park personal injury lawyer can help advocate for this outcome.

At Gallegos Law Firm, clients are more than a number or a success story. Our firm is committed to maintaining small caseloads, so our clients can receive the attention and compassion they deserve. With over 20 years of experience in personal injury and a local UCLA educational background, our lead attorney can offer guidance on navigating personal injury claims in Monterey Park, California and the surrounding local area.

Types of Personal Injury Claims in California

Personal injury is a broad term that encompasses a person’s ability to claim damages after suffering from an injury as a result of negligence. Several circumstances can lead to personal injuries. Most commonly, these may include:

• Motor vehicle accidents
• Slip and fall accidents
• Medical malpractice
• Product defects
• Birth injuries
• Workplace and construction injuries

Personal injuries may require care from a healthcare provider and medical follow-ups. In 2021, there were 18,084 serious injuries from car accidents alone in California. It can be devastating to know that these injuries could have been avoided if not for a person’s negligence.

How to Prove a Personal Injury Claim in California

Most personal injury claims require the plaintiff to prove negligence. Negligence is often established when a party fails to act with the reasonable care that another person would have used under normal circumstances. The plaintiff must prove the following elements:

• Duty of care. The defendant has a legal responsibility to act with reasonable care. This duty can be contractual, as in doctor-patient relationships, or implied, as seen in drivers who are required to obey traffic laws.
• Breach of duty. The plaintiff must show how the defendant failed to provide due care when applicable. For example, when a construction company fails to inform its employees about safety hazards, it can be considered a breach of duty.
• Causation. The plaintiff must show a direct link or connection between a negligent act or breach of duty and the resulting injuries sustained.
• Damages. The plaintiff must prove that they suffered considerable harm due to the negligent act.

Personal Injury: Statutes of Limitations in California

California’s Code 335.1 states that individuals have two years from the time they suffered an injury to take legal action. While this statute applies to most personal injuries, there may be exceptions for cases involving death or other extenuating circumstances.

Personal injury laws can be difficult to understand. Those injured are encouraged to connect with a Monterey Park personal injury attorney for guidance on filing their claim on time.

Preparing to File a Personal Injury Claim in Monterey Park

Filing a personal injury claim can be a lengthy process. It involves the plaintiff gathering pertinent evidence and engaging in back-and-forth negotiations with the defense and their insurance companies.

Moreover, Monterey Park residents may need to file a personal injury claim with the Superior Court of Los Angeles County. Hire a personal injury lawyer who can ease this process by leading negotiations and advocating for due compensation.

Available Legal Remedies in Personal Injury Cases

Personal injury cases may be eligible for damage recovery. These damages can be economic, non-economic, and punitive in cases of egregious negligence. Economic damages involve quantifiable losses like medical expenses, loss of earnings, or rehabilitation costs.

Non-economic damages account for the emotional distress and pain suffered. California uses a pure comparative negligence model, where an individual can still recover damages despite having liability or fault in the accident.

FAQs

What Happens After Establishing Liability in a Personal Injury Case?

After establishing liability between all parties involved in a personal injury case, they can work to determine the appropriate amount of damages to distribute. Even if you are found to be 1% liable for an accident, you may still be entitled to 99% of the damages. Insurance companies may try to reduce their client’s liability, so it is important to work with a personal injury attorney who can advocate for a fair damage distribution.

What Evidence Can Be Used to Prove Personal Injury in California?

Multiple items of evidence can be used to prove personal injury. These may include:

• Hospital records
• Follow-up medical visits and bills
• Professional testimony
• The victim’s employment history
• Medical history pre- and post-accident
• Crime scene photos
• Police reports

The strength of the evidence will influence the outcome of the case. An attorney can help you gather evidence and use it to benefit your claim.

Do You Need to Go to Court for Personal Injury in California?

No, you do not need to go to court for personal injury in California. While the claim-filing process requires judicial involvement, most personal injury cases are resolved through settlement negotiations. However, going to trial is recommended when all parties cannot reach a favorable agreement. People should not settle for an amount that diminishes the severity of the injuries. Instead, an attorney can help you calculate a fair number.

How Are Damage Awards Distributed in California?

Damage awards may be distributed in a lump sum or in installments over a designated number of years. The payment method can be discussed during negotiations or throughout trial proceedings. With lump sums, the plaintiffs can access all funds right away. Installment payments try to mimic a salary, so they offer more financial stability. For more information on how your settlement will be paid out, speak to your attorney.

Hire a Personal Injury Lawyer Today

Gallegos Law Firm was established to provide convenient legal services to the local Monterey Park community. Instead of driving downtown to reach the crowded LA metro, clients can work with a local and knowledgeable personal injury attorney who can put their needs first. Contact us today to schedule a free consultation.