West Covina is a vibrant Los Angeles County community with more than 104,000 residents. Its convenient location near major highways like the I-10 and I-605 freeways makes it a bustling hub of activity, connecting locals to the broader Southern California region. However, like any thriving city, it has its fair share of car accidents and other mishaps leading to personal injury. In the aftermath of an unexpected accident, you may struggle with medical bills, missed work, and financial uncertainty. It is a complex and exhausting process, and insurance companies complicate matters.
At Salamati Law, we recognize the multifaceted challenges you are facing. If you’ve sustained injuries due to another party’s negligence, you can file a personal injury claim for your damages and losses. Do not wait to get the help you need. Contact our firm for a free consultation with an experienced West Covina personal injury attorney.
Personal Injury Cases in West Covina
In West Covina, accidents happen in the most common places—on the way to work, during an afternoon walk, or while shopping. When they do, it can impact every aspect of your life. Our team is well-versed in handling various types of personal injury accidents, advocating for victims involved in:
- Bike Accidents
- Bus Accidents
- Car Accidents
- Dog Bites
- Motorcycle Accidents
- Pedestrian Accidents
- Slip and Fall Accidents
- Truck Accidents
- Wrongful Death
These accidents often lead to serious, long-term injuries that disrupt your life. You might face disabilities that affect your job, your finances, relationships, and independence. These challenges seem daunting, but with skilled legal guidance, you could recover compensation that affords you the time and space to heal.
Compensation in Personal Injury Cases
Compensation in personal injury cases may include economic damages. They refer to the quantifiable financial losses an accident victim has suffered due to the injury. These damages are meant to compensate the victim for their actual monetary costs.
Examples of economic damages:
- Medical Expenses: Costs for hospital stays, surgeries, physical therapy, medication, and any ongoing medical treatments (both current and future medical needs related to the injury).
- Lost Wages: Compensation for the income lost during the recovery period if the injury prevented the person from working.
- Reduced Earning Capacity: If the injury results in long-term or permanent disability, the victim may claim compensation for the reduced ability to earn income in the future.
- Property Damage: Costs related to repairing or replacing personal property damaged during the incident (e.g., a car in a motor vehicle accident).
- Out-of-Pocket Expenses: Includes travel expenses for medical appointments, home care costs, or any other expenses directly related to the injury.
Non-economic damages in personal injury cases refer to compensation for intangible losses with no specific monetary value. Unlike economic damages, which are easily quantifiable, non-economic damages address the emotional, psychological consequences of an injury.
Examples of non-economic damages:
- Pain and Suffering: Compensation for physical pain and emotional distress caused by the injury.
- Emotional Distress: Includes anxiety, depression, and other psychological effects resulting from the injury.
- Loss of Enjoyment of Life: Compensation for the victim’s inability to participate in activities or hobbies they enjoyed before the accident.
- Loss of Consortium: Damages awarded to a spouse or family member for the loss of companionship and affection due to the injury.
- Disfigurement or Disability: Compensation for permanent scarring, loss of limb, or other disfigurements, as well as for long-term or permanent disabilities.
Filing a Personal Injury Lawsuit
When a serious injury disrupts your life, legal action might be necessary to seek fair and reasonable compensation for your losses. Here is an overview of the critical stages in filing a personal injury lawsuit:
Initial Consultation
During your consultation, you’ll discuss the details of your injury, how it occurred, and its impact on your life. It helps us understand the specifics of your case and determine whether you have a viable claim.
Investigation of the Accident
If you decide to work with us, we will begin our investigation. To build a strong case, we will gather relevant evidence, such as:
- Medical Records: Documentation of your injuries, treatment, and prognosis.
- Accident Reports: Official reports from the incident, such as police reports.
- Witness Statements: Accounts from individuals who saw the incident or can support your claims.
- Photos and Videos: Visual evidence of the scene, injuries, or damages.
- Expert Opinions: Testimonies from medical or accident reconstruction experts, if needed.
This comprehensive evidence is critical for substantiating your claim and demonstrating the extent of your losses.
Filing the Complaint
Your attorney will draft a formal complaint and file it with the appropriate court. This legal document outlines your case, specifies the damages you seek, and formally notifies the defendant of the lawsuit. The complaint serves as the basis for your legal claim and initiates the formal legal process.
Discovery
The discovery phase involves both parties exchanging information about the case. This process includes:
- Interrogatories: Written questions that each party must answer.
- Requests for Production: Requests to provide documents or other evidence.
- Depositions: Sworn statements from witnesses, experts, and the parties involved.
Discovery is essential for understanding the strengths and weaknesses of the case and preparing for trial.
Settlement Negotiations
At any point before a trial, there is often an opportunity to settle the case. Insurance companies usually focus on minimizing their payouts and may employ various strategies to delay, deny, or minimize your claim. These tactics can include lengthy reviews, requesting excessive documentation, or outright rejecting your claim in hopes that you will accept a lower settlement or give up.
We can negotiate on your behalf and work to ensure that an offer is fair and reasonable and meets your present and future needs.
Proceeding to Trial
If we are unable to reach a fair settlement, your case will proceed to trial. While trials can be more time-consuming and unpredictable, they offer the opportunity to have your case heard by a judge or jury, who will determine liability and the amount of damages based on the evidence presented. We will guide you through every step, ensuring you understand the process and are prepared for what lies ahead.
Pure Comparative Negligence in California
In California, pure comparative negligence is a legal doctrine used to determine liability and damages in personal injury cases where more than one party may be at fault. Under this system, each party’s degree of fault is assessed as a percentage. The amount of compensation a plaintiff (accident victim) can recover is reduced by their own percentage of fault. This system ensures that compensation is proportional to the degree of responsibility in the incident.
For example, if you are awarded $100,000 in a slip and fall accident but found to be 20 percent responsible for the accident due to your footwear, your payout would be reduced by 20 percent, leaving you with $80,000.
Insurance companies often try to take advantage of this system by arguing that you bear a higher percentage of fault. This is where an experienced personal injury attorney becomes invaluable as they can present compelling evidence to refute these arguments.
California’s Statute of Limitations
Under California Code of Civil Procedure § 335.1, you generally have two yearsfrom the date of the injury to file a personal injury lawsuit. For wrongful death claims, the same two-year period applies, starting from the date of the individual’s death.
Waiting too long can lead to lost evidence, witnesses who can’t be located, and, ultimately, the loss of your right to recover compensation. Exceptions apply, so it is essential to consult with a personal injury attorney in West Covina as soon as possible.
Schedule a Free Consultation with a West Covina Personal Injury Lawyer
A serious personal injury changes your life and that of your family. If you or a loved one are a victim of someone else’s negligence, you need the services of a West Covina personal injury lawyer at Salamati Law. If a family member succumbed to a personal injury, contact a West Covina wrongful death lawyer. Call or text 24/7 and schedule a free, no-obligation consultation. We will review your claim and let you know your options. Since we work on a contingency basis, you pay no legal fees unless we win compensation for your injuries. Se Habla Español
West Covina Courthouse
1427 West Covina Parkway
West Covina, CA 91790
Courthouse Phone: (626) 430-2600