Whether at school, the workplace, on the road, a store, or any other place, accidents can happen anywhere at any time, ultimately affecting the lives of injured victims. Ehline Law and our personal injury attorneys understand the physical, mental, and financial toll an accident takes and tirelessly work with injured victims to get them the justice they deserve.
If you suffered injuries due to another’s negligence, contact our Westminster, CA, personal injury attorneys to learn more about your rights as an injured victim.
Types of Personal Injury Claims We Handle in Westminster, CA
Ehline Law and our experienced personal injury lawyers handle a broad range of accident claims, including those arising from:
- Motor vehicle accidents
- Bicycle accidents
- Pedestrian accidents
- Slip and fall accidents
- Occupational accidents
- Dog bites and animal attacks
- Medical malpractice.
Our personal injury attorneys have extensive experience practicing personal injury law and can help you get the justice you deserve. Contact our personal injury attorneys to discuss your case.
Common Personal Injuries in Westminster, CA
There are many types of injuries a victim may suffer from following their accident, and some of these include:
- Head or neck injury
- Traumatic brain injury
- Spinal cord injury
- Back injuries
- Torn ligaments and amputation
- Bruises, lacerations, abrasions
- Burn injuries
- internal bleeding and organ damage
- Soft tissue injuries.
After an accident, some injuries may not be so apparent, so accident victims need to get a medical examination done to understand the damage done.
Serious injuries can adversely affect a victim’s physical, mental, and financial state. Fortunately, personal injury laws protect injured parties and make them whole again.
Personal Injury Laws in Westminster, CA
There are several laws under personal injury law that may apply to your case. The following are some critical legislations or regulations that can affect personal injury cases in Westminster, CA.
California Pure Comparative Negligence Rule
In certain states, the plaintiff may also be partially responsible for the accident, which can bar them from making a recovery depending on the degree of fault.
However, California follows the pure comparative negligence rule that allows injured parties partially responsible for the accident to recover compensation for their loss. However, their degree of fault will reduce the compensation awarded.
Federal regulations apply to several industries, from oil and gas to trucking companies. These regulations pertain to the workplace environment, the procedures, and how the employees should operate to reduce the risk of accidents.
However, some employers cut corners and do not follow federal regulations, which may result in serious accidents.
If an accident occurs because an employer failed to follow federal regulations, injured victims can hold them accountable for their loss.
Certain jobs have a higher risk of accidents, such as those working in mines, oil rigs, and other hazardous places. Employers in Westminster, CA, have a duty to purchase workers’ compensation insurance for their employees to provide them with the replacement for lost wages and medical benefits in case of work-related injuries.
It is important to note that the issues in employment law cases may overlap with workers’ compensation cases, but the two are different.
Strict liability laws allow victims to obtain compensation for accidents arising from ultra-hazardous activities, dangerous animals, or defective products.
In Westminster, CA, property owners must maintain their properties and take reasonable steps to eliminate hazards or warn their guests about them to prevent accidents.
Property owners have a duty of care towards guests, invitees, and licensees and must ensure their premises are safe. Failure to maintain their property can lead to accidents for which accident victims can hold them accountable for the damages incurred.
Under California law, surviving family members can pursue wrongful death claims against negligent parties for the loss of their loved one to recover funeral and burial costs, pain and suffering, medical expenses, loss of consortium, and other wrongful death damages.
Proving Personal Injury Cases in Westminster, CA
Most personal injury cases arise from negligence, and injured victims must prove the following elements of a negligence case to win the personal injury claim or lawsuit successfully:
- Duty: The defendant owed the plaintiff a duty of care
- Breach: The defendant acted negligently and breached that legal duty
- Causation: The breach resulted in the plaintiff’s injuries
- Damages: The plaintiff suffered damages due to the defendant’s negligence
An experienced personal injury attorney in Westminster, CA, can help gather the evidence required to prove the critical elements of negligence and increase the victim’s chances of obtaining monetary damages.
Damages Accident Victims Can Recover in Westminster, CA
When filing personal injury claims in Westminster, CA, the injured victims can pursue economic and non-economic damages.
An accident can lead to direct expenses that the injured victims must bear. These are often called economic damages, which include medical expenses, lost wages, and property damage.
Medical bills can include surgery costs, prescription medication expenses, rehabilitation and therapy, future medical expenses, and other medical-related bills.
An accident can take a mental toll on the victim, and non-economic damages compensate them for their subjective losses, which include pain and suffering, mental anguish, reduced quality of life, emotional distress, and more.
In rare cases, the court may award punitive damages. Under personal injury law, punitive damages are not to compensate the injured victims but punish the defendant for their extreme recklessness.
Statute of Limitations in Westminster, CA
The California statute of limitations governs personal injury cases in Westminster, CA, providing the time frame guidelines for injured victims to follow.
Personal Injury Claim Against Private Entity
The statute of limitations for a personal injury lawsuit or claim against a private person or entity is two years. Accident victims failing to pursue legal action within two years forego their right to do so.
Personal Injury Claim Against Public Entity
The two-year statute of limitations does not apply to public entities. Injured victims only have six months to pursue a personal injury claim against a government entity or lose their right to compensation.
An experienced personal injury lawyer serving Westminster, CA, can help determine the liable parties and guide you on the timeframe to bring a civil action.
Certain exceptions to the statute of limitations may extend or pause it, which is why it is crucial to speak to a knowledgeable Westminster personal injury attorney about your case if it has been over two years.
How Can a Personal Injury Lawyer Help You in Westminster, CA?
Ehline Law is a premier personal injury law firm in California with over 15 law offices serving Westminster, CA, Los Angeles, San Diego, and many other areas.
We have protected the rights of more than 3,000 personal injury clients, helping recover over $150 million in compensation and successful verdicts.
Our Westminster personal injury lawyers can help you with the following.
Investigate the Accident
In an accident, one or more parties can be responsible for your damages, which is why it is important to investigate the accident properly and determine the liable parties.
Ehline law firm has the resources to investigate your personal injury case.
Before you can bring a civil action, gathering the relevant evidence to bolster your personal injury case is essential.
Our personal injury firm maintains a great relationship with medical experts and accident reconstruction specialists to assist with your injury case.
Gathering evidence can make or break your case. At Ehline law firm, our attorneys know the type of evidence required to support a personal injury claim. They can gather the right evidence, such as medical bills, expert testimonials, witness statements, police reports, and many more.
Bring a Civil Action
Once we’ve built a trial-ready case, our personal injury lawyers will file it with the relevant court, handling all administration and legal processes to expedite it.
One of the major parts of a personal injury case is handling the insurance company and negotiating a fair settlement.
Injured victims without legal representation end up suffering at the hands of an insurance company, eventually settling for a low amount. However, with an experienced personal injury attorney on your side, you don’t have to go through the stress and hassle of dealing with the insurer and focus on your medical recovery.
Ehline Law’s skilled personal injury lawyer will deal with the insurance company and negotiate a fair settlement on your behalf.
Go to Trial
At times, an insurance company may refuse to agree to a settlement. If that happens, our personal injury lawyer serving Westminster, CA, has extensive trial experience and is not afraid to take your case to trial.
A trial can elongate the recovery process, but it can also increase the compensation an accident victim may recover if successful.
What to Do After Your Accident in Westminster, CA?
After your accident in Westminster, CA, you may feel confused and traumatized, but it is crucial to act quickly and take the right steps to increase your chances of recovering compensation.
At Ehline Law, our personal injury lawyers recommend taking the following steps to protect your case:
- Call 911 to report the accident
- Exchange contact and insurance information with the parties involved
- Take pictures and videos of the accident site, what caused your accident, and your injuries.
- Speak to witnesses and ask them for their contact information.
- Seek medical attention immediately following an accident.
- Follow your doctor’s medical treatment plan and attend all appointments.
- Contact our personal injury attorney serving Westminster, CA, for a discussion on your case immediately. You don’t have much time, and your attorney needs to build a strong case to ensure you get the compensation you deserve.
Schedule a Free Consultation with Ehline Law
If you suffered injuries from an accident due to another’s fault, contact us at (833) LETS-SUE for a free consultation with our personal injury attorneys serving Westminster, CA. We will help assess your case, discuss your rights, and review your legal options during the initial consultation.
Sometimes it may not be possible to visit our law office due to injuries, or the injured victim may feel uncomfortable outside their environment. We understand such needs and can see you at your location of choice, where you’re comfortable discussing your personal injury case.