Helping You Understand Your Personal Injury Rights And Options

California personal injury law is immensely complicated. When you work with San Diego personal injury attorneys Shervin Golshani and Christopher Lee, you will always find answers to the questions you have. At Golshani Lee LLP, we believe that you should not need a lawyer to understand a lawyer. On this page, you can find some of the answers they have provided in plain English to frequently asked questions.

Why should you retain a lawyer to handle your personal injury matter?

There are several reasons why personal injury victims may benefit from hiring a lawyer:

• A personal injury lawyer can help you understand your legal rights and options. If you have been injured, you may be entitled to compensation for your damages, but the legal process can be complex and confusing. A lawyer can help you understand your rights and can advise you on the best course of action.
• A lawyer can handle negotiations with insurance companies. Insurance companies often try to lowball injury victims by offering settlements that are much lower than what they are entitled to. An experienced lawyer can negotiate with the insurance company to try to get you a fair settlement.
• A lawyer can handle the legal process for you. Personal injury cases can involve a lot of paperwork, court appearances, and other legal procedures. A lawyer can handle these tasks on your behalf, so you can focus on recovering from your injuries.
• A lawyer can increase the chances of a favorable outcome. A personal injury lawyer who is familiar with the law and has a track record of success can increase the chances of a favorable outcome in your case.

Overall, hiring a personal injury lawyer can help you navigate the legal process and maximize your chances of obtaining fair compensation for your injuries.

What compensation can I get for my personal injury?

If you have been injured due to the wrongful actions of another person or entity, you may be entitled to compensation for your damages. The types of compensation that you may be entitled to can include:

1. Medical expenses:You may be able to recover the cost of medical treatment and other related expenses, including hospital stays, surgeries, prescription medications, and physical therapy.
2. Lost wages:If you are unable to work due to your injuries, you may be able to recover the wages that you would have earned during the time that you were unable to work.
3. Property damage:If your personal property was damaged in the accident, you may be able to recover the cost of repairs or the value of the property if it was destroyed.
4. Pain and suffering:You may be able to recover damages for the physical pain and emotional suffering that you experienced as a result of your injuries.
5. Loss of consortium:If your injuries have had a negative impact on your relationship with your spouse, you may be able to recover damages for loss of consortium.

The amount of compensation that you are entitled to will depend on the specifics of your case, including the severity of your injuries, the impact that they have had on your life, and the degree of fault of the person or entity responsible for the accident. An experienced San Diego personal injury lawyer can help you understand your legal rights and options and can help you seek fair compensation for your damages.

What is the process for a personal injury claim?

To bring a personal injury claim, the injured individual must be able to show that the injury was caused by the negligent or reckless actions of another person, and that they have suffered damages as a result. In some cases, it may be necessary to prove that the other person was at fault in order to recover damages.

The process for a personal injury claim typically involves filing a claim and dealing with the party that caused the injury, or their insurance company. An experienced attorney will help gather evidence, develop theories of liability, and set the claim up for success. The process can be daunting and may take several months or even upwards of a year to settle. If the claim does not settle because the insurance company is playing hard ball, the attorney will need to file a lawsuit on the injured individual’s behalf. An experienced attorney will help navigate the legal process and maximize the chances of obtaining fair compensation for the injured person’s damages.

What is the process for a personal injury lawsuit?

The legal process for a Southern California personal injury lawsuit typically involves the following steps:

1. Filing a lawsuit:The injured individual (the plaintiff) files a lawsuit against the party who is at fault for the injury (the defendant) in a civil court. The plaintiff must be able to show that the injury was caused by the defendant’s negligent or wrongful actions, and that they have suffered damages as a result.
2. Discovery:The parties engage in a process called discovery, during which they exchange information and gather evidence to support their case. This can include obtaining medical records, witness statements, depositions (statements under oath), and other relevant documentation.
3. Pretrial motions:The parties may file pretrial motions, which are requests to the court asking for a specific action to be taken in the case. For example, the defendant may file a motion to dismiss the case, or the plaintiff may file a motion to exclude certain evidence.
4. Trial:If the case is not resolved through a settlement or other means, it will go to trial. During the trial, both sides will present their evidence and arguments to the judge or jury, and the judge or jury will decide the outcome of the case.
5. Appeal:If either party is unhappy with the outcome of the case, they may have the right to appeal the decision to a higher court.

The legal process for a personal injury lawsuit in San Diego and Southern California can be complex and may take several months or even years to resolve. An experienced personal injury lawyer can help the injured individual navigate the legal process and maximize their chances of obtaining fair compensation for their damages.

What is the process for a car crash claim?

To bring a car accident lawsuit or other type of motor vehicle accident claim, the injured individual must be able to show that the accident was caused by the negligent or reckless actions of the other driver, and that they have suffered damages as a result. In some cases, it may be necessary to prove that the other driver was at fault in order to recover damages.

The process can be complex and may take several months or even years to resolve. An experienced car accident lawyer can help the injured individual navigate the legal process and maximize their chances of obtaining fair compensation for their damages.

After a car accident, can I file a lawsuit?

If the insurance companies do not make a fair settlement offer to the injured party, a car accident lawsuit is the legal process that allows individuals to seek compensation for their damages from the party who is at fault for the accident. The damages in a car accident lawsuit can include medical expenses, lost wages, property damage, and pain and suffering.

What should I know about wrongful death claims?

A wrongful death claim is a civil lawsuit brought by the loved ones of a person who has died due to the wrongful actions of another person or entity. In a wrongful death case, the surviving family members can seek damages for the financial losses that they have suffered as a result of the death, as well as for the emotional pain and suffering that they have experienced.

To bring a wrongful death claim, the surviving family members must be able to show that the death resulted from the negligent or intentional actions of the defendant and that they have suffered damages as a result. The damages in a wrongful death case can include funeral and burial expenses, medical expenses, lost wages and benefits, and loss of companionship.

Why should I have a wrongful death attorney?

Wrongful death claims can be complex and can involve a variety of legal issues. An experienced wrongful death lawyer can help the surviving family members understand their legal rights and options and guide them through the process of seeking justice and fair compensation.

What are the elements of a slip-and-fall or trip-and-fall claim?

A slip-and-fall or trip-and-fall claim is a process that allows individuals who have been injured in a fall accident to seek compensation for their damages from the party who is at fault for the accident. Fall accidents can occur when a property owner fails to maintain their property in a safe condition, resulting in hazards that can cause someone to slip or trip-and-fall.

The damages that can be recovered in a slip-and-fall or trip-and-fall claim can include medical expenses, lost wages, property damage, and pain and suffering.

What is the process like for a slip-and-fall or trip-and-fall lawsuit?

If the insurance companies do not make a fair settlement offer to the injured party, the injured individual must be able to show that the property owner was negligent in maintaining their property and that this negligence caused the accident and the resulting injuries. The legal process for a slip-and-fall or trip-and-fall lawsuit typically involves the following steps:

• Filing a lawsuit
• Discovery
• Pretrial motions
• Trial
• Appeal (if necessary)

The process can be complex and may take several months or even years to resolve. An experienced lawyer can help the injured individual navigate the legal process and maximize their chances of obtaining fair compensation for their damages.

What is product liability?

Product liability is a legal concept that holds manufacturers, distributors, and retailers responsible for injuries or damages caused by defects in their products. If a product is defectively designed or manufactured, or if the manufacturer fails to provide adequate warning of potential risks associated with the product, the manufacturer may be held liable for any injuries or damages that result.

What are the grounds for a product liability claim?

Product liability cases can be based on one of three types of defects:

• Design defects
• Manufacturing defects
• Warning defects

A design defect exists when a product is inherently unsafe due to its design, even if it was properly manufactured. A manufacturing defect exists when a product is unsafe due to a mistake that occurred during the manufacturing process. A warning defect exists when a product is accompanied by inadequate or misleading warning labels or instructions.

If you have been injured by a defective product, you may be entitled to compensation for your damages. An experienced product liability lawyer can help you understand your legal rights and options and can guide you through the process of seeking justice and fair compensation.

What are the elements of a negligence claim?

In California, a negligence claim is a type of legal claim that is based on the idea that one party has a duty to act with reasonable care to prevent harm to others and that the party’s failure to do so resulted in injury or damages to the plaintiff. To succeed in a negligence claim in California, the plaintiff must be able to prove four elements:

1. Duty of care: The defendant owed the plaintiff a duty of care to act with reasonable care to prevent harm.
2. Breach of duty: The defendant breached this duty of care by acting or failing to act in a way that was unreasonable under the circumstances.
3. Causation: The defendant’s breach of duty caused the plaintiff’s injuries or damages.
4. Damages: The plaintiff suffered actual damages as a result of the defendant’s breach of duty.

It is important to note that the specific elements of a negligence claim may vary depending on the specific circumstances of the case. An experienced personal injury lawyer can help a plaintiff understand their legal rights and options and can assist them in building a strong negligence claim.

Schedule A Consultation To Get More Answers

Without a doubt, you have more questions about your current situation. Please reach out to a San Diego personal injury lawyer at Golshani Lee LLP by calling 858-724-7908 or by using our online contact form. You can set up an initial consultation in which you can ask even more questions. Our attorneys speak Farsi and Korean.