Encino Personal Injury Lawyer

Most California personal injury lawsuits – with limited exceptions – have a two-year statute of limitations. That means you’ll have to file your case within two years of the accident date (or date of death for a wrongful death claim). If you fail to take legal action within the specified time frame, the court will likely dismiss your case – even if it’s strong.

Don’t risk losing your right to compensation. Contact an experienced personal injury lawyer right away to discuss the deadline that applies to your case.

Negligence is the foundation of a majority of personal injury cases. Most of these legal matters arise due to a party’s carelessness rather than an intentional act.

If you’re the victim of a personal injury, you have the burden of proving the following legal elements of negligence:

• The at-fault party owed you a duty of care, such as an obligation to follow California traffic rules.
• They breached their duty by failing to act reasonably, given the circumstances. For example, they didn’t yield the right of way, causing a bicycle crash.
• That breach was the direct cause of the accident and injury.
• You sustained harm (damages), such as physical injuries, medical bills, and lost earnings.

You’ll prove these elements by offering different kinds of evidence, such as:

• Accident report
• Expert witness reports
• Eyewitness statements
• Surveillance of the accident
• Photos and videos of the accident scene
• Medical records
• Physical evidence from the accident

The evidence needed to prove your case will depend on various factors, such as the type of claim you’re filing, how your accident happened, and what’s available.

You can recover compensation under California personal injury law as long as you aren’t 100% responsible for the Encino accident. The state implements a pure comparative negligence law, which is the most favorable to plaintiffs.

Under this legal principle, your damages are reduced by your percentage of fault. For example, imagine you’re found to be 40% responsible for a boating accident. The other party is apportioned 60% of the blame. They’d only be liable for 60% of your damages.

Opposing parties or insurance companies might allege comparative fault to limit their financial liability. However, they must offer evidence backing their claim. An Encino injury attorney can protect you from baseless allegations of shared fault.

Probably not. Most cases – approximately 95% – settle out of court. The parties typically reach an agreeable settlement before the trial stage. Most people prefer this arrangement because a trial can be costly, time-consuming, and full of uncertainty.

However, our experienced litigators aren’t afraid to take your legal matter to court if it’s the best path to justice. We strive to reach the most favorable outcomes possible for our clients.

The decision is always yours whether you want to go to court. We’ll be there to provide advice and guidance to help you make informed decisions throughout your case.

The personal injury legal process varies from case to case. No two claims are exactly the same, though they may follow similar patterns based on the facts.

For example, if your injuries are relatively minor and the opposing party negotiates in good faith, your case could conclude within a few months.

Alternatively, some factors will lengthen the time it takes to resolve your claim, such as:

• Severe injuries that require time for you to reach maximum medical improvement
• Significant damages
• Whether liability is in question
• Whether a lawsuit is filed and how long the discovery process takes
• Whether the case goes to trial

We can provide a more thorough assessment of what to expect once we learn more about what happened. Call today for a free case assessment.

Encino personal injury claims are calculated based on various factors. It’s important to understand that all cases are different, and every victim has a unique set of circumstances to consider.

When we’re assessing your damages and determining what your injury case is worth, we’ll evaluate the following:

• The type and severity of your injuries
• Whether you’ve sustained permanent disability, disfigurement, or impairment
• The physical and mental pain you’ve suffered
• Your lost wages and whether you can return to work and earn the same income
• Your financial expenses, including out-of-pocket and medical costs
• Whether you were partly responsible for the Encino accident or injury
• The insurance coverage and parties involved

It takes time and experience to assess the true value of a California personal injury claim. Don’t let an insurance adjuster tell you what your claim is worth. They’ll likely lowball you. Consult our experienced Encino attorneys to get an accurate evaluation of your case.