Personal injury laws exist to ensure that those who sustain injuries due to the negligence of others have a legal vehicle available to help them secure compensation for their losses. A “personal injury” describes any situation in which one party’s negligence results in measurable harm to another party. The injured party or plaintiff has the right to pursue civil action and demand compensation for losses caused by the at-fault party or defendant.
If you have experienced any type of personal injury, a Torrance, CA personal injury attorney is your best asset if you intend to take legal action to recover your losses. At McLachlan Law, APC, Attorney Mike McLachlan offers more than 25 years of practical experience handling difficult personal injury claims. Rest assured our team has the skill and experience to help you recover after a personal injury.
Do I Really Need an Attorney?
It is not uncommon for some people who experience personal injuries to believe that hiring legal representation would only reduce the amount of compensation they receive due to legal fees. However, you risk losing much more than you will spend on legal fees if you attempt to navigate any personal injury claim on your own.
The California civil court system upholds strict procedural rules for civil cases. Making any kind of mistake with court paperwork or deadlines can lead to your case being thrown out before it ever really gets off the ground. Instead of risking your case on a technical error, choose a reliable Torrance, CA personal injury lawyer to assist with your claim.
Building Your Personal Injury Claim
An experienced Torrance, CA personal injury attorney is the perfect resource for anyone unsure whether they have valid grounds for legal action. An experienced attorney can help you determine whether you are likely to succeed with your personal injury lawsuit and assist you in building your case. To succeed with your personal injury claim, you and your attorney must prove several elements of negligence:
- Duty of care. First, the plaintiff must establish the defendant’s duty of care. This means the defendant owed the plaintiff a duty of care in the given situation.
- Breach of duty. The next element of a successful personal injury claim is to prove the defendant breached their duty of care in some way.
- Damage. You cannot file a personal injury claim if you did not incur measurable losses. The plaintiff and their attorney must provide a full accounting of all damages claimed in the lawsuit and clear records of those damages.
- Causation. Finally, it is essential to link the defendant’s breach of duty to the plaintiff’s damages, otherwise known as proving causation.
If a plaintiff and their Torrance, CA personal injury lawyer can successfully establish these four components of negligence, the plaintiff will likely succeed with their claim.
California Personal Injury Statutes
If you intend to pursue civil action for personal injury, call our firm. We know the state-level statutes that will come into play in this endeavor. The first is the statute of limitations that outlines the timeframe in which a plaintiff must file their claim. California upholds a two-year statute of limitations for personal injury claims. This means a plaintiff must take legal action for their personal injury within two years of the date the injury occurred, or two years from the date the plaintiff discovered the harm from the injury.
California state law also upholds legal statutes pertaining to the damages a plaintiff can potentially secure with a personal injury claim:
- An injured plaintiff has the right to claim compensation for all medical expenses resulting from their personal injury. This applies to both immediate expenses like emergency room bills and ambulance fees and expected future losses for required ongoing treatments.
- Injured plaintiffs may also secure compensation for personal property damaged or destroyed by a defendant’s negligence.
- When a personal injury forces the victim to remain home from work while they recover, the victim can claim their lost income as compensatory damages in a personal injury lawsuit. In the event their injury results in permanent disability and they are unable to work in the future, they can claim their lost future earning potential as well.
- California state law allows personal injury plaintiffs to claim compensation for physical pain and emotional suffering caused by a defendant’s negligence. The amount of pain and suffering compensation obtained reflects the severity of the victim’s damages.
Your Torrance personal injury attorney will help you calculate your total damages to ensure you have the best chance of recovering as wholly as possible. However, it is also vital for personal injury plaintiffs to understand how California’s pure comparative negligence statute for personal injury claims could come into play with their cases.
Pure comparative negligence law means that a plaintiff who is partially at fault for causing their claimed damages can still recover compensation with no bar to recovery based on their fault percentage. Most states that uphold comparative negligence laws do so with a modified comparative negligence statute that bars plaintiff recovery if they are 50% or more at fault for claimed damages. In California, a plaintiff technically still has the right to compensation even if they are 99% at fault, but they lose an equal percentage of their case award.
Succeeding With Your Personal Injury Claim
Any personal injury lawsuit has the potential to escalate into an incredibly complicated legal battle. If you are considering legal action after another party has injured you in a car accident, a trucking accident, a motorcycle or bicycle accident, or any other personal injury accident, call our firm. The first best step toward recovery is to connect with an experienced personal injury attorney about your legal options. A Torrance, CA personal injury lawyer can help you determine the strength of your claim and the likelihood of securing compensation for your damages.
Depending on the type of personal injury claim you are filing and the facts in play, your attorney can help you gather necessary evidence, collect witness and expert witness testimony, and guide you through whatever proceedings lie ahead with greater confidence. Attorney Mike McLachlan and the legal team at McLachlan Law, APC have the resources and experience to navigate even the most complicated personal injury claims. Contact us today and schedule a case review with our team to learn more about your legal options.