northridge personal injury attorney

Part One of a Two-Part Series

Being injured is never something to take lightly. Even if you are minding your own business, your life can be permanently changed in an instant. You would like to think that the party responsible for your injury would be willing to make things right, but sadly, you’ll find that most of the time you would be wrong.

If you’re injured by an individual, as in an auto accident, he will turn the matter over to his insurance company to handle. If your injury is the result of an error or carelessness on the part of a company, corporation, or other public or private entity, they will not only have an insurance carrier on their side, but may also employ legal counsel whose mission will be to diminish or deny responsibility altogether, and find legal grounds on which to contest your claim.

In this two-part series you will learn:

• What constitutes personal injury
• After your injury – what to do and what not to do
• Why you should hire a personal injury attorney
• Finding the right attorney
• What you may be entitled to recover

What Constitutes Personal Injury

By definition, personal injury means that you have become injured as a result of the actions of another person or an entity. These actions can be intentional or unintentional. If the action was unintentional, then the burden of proof rests on you to prove that the other party is responsible for your injury. Proof must be by a majority, which means at least 51 percent of the blame can be placed on the offending party.

If you are injured due to the intentional act of someone, for example in a robbery, you are still able to pursue the individual separately from the criminal act. Even if they are not convicted of a crime, they can still be held liable for the injuries that they inflicted upon you.

Although automobile accidents are the leading cause of personal injury in the United States, there are many other categories where personal injury law will apply. For example, the injury can be due to a defective product, a contamination, an accident at work, or even a medical mishap or error.

Each state has its own statute of limitations that gives the victim a window of opportunity to file a claim against a responsible party. These time periods vary and can be as short as one year and as long as six. The clock starts either from the date that the injury occurred, or the point at which the origin of the injury could be determined. But just because there is a statue of limitations in place does not mean that these time frames are always set in stone. In some instances, extenuating circumstances can increase these limits. A personal injury attorney will recognize if these circumstances apply to your case.

After Your Injury: Dos And Don’ts

The time immediately following an injury is very traumatic. You’re focused on the seriousness of your injuries and you often can’t work. Will you be able to return to your job? Will your health ever return to normal? There may also be a pressing worry over money. How much will this injury cost? Will insurance cover it? How long will you be out of work? How will you pay your bills? The list goes on and on…

The first thing to remember is not to panic. Even though you have been placed in this predicament, you do not have to deal with this alone. You need to hire the services of a personal injury attorney. They specialize in these matters and they know how to work their way through the system in order to get you fairly compensated. You should never attempt to take on this kind of responsibility by yourself. There is simply too much riding on the outcome.

Never talk to an insurance company, a representative of the defendant, the defendant, or anyone else about your claim. Any information that you release has the potential to be used against you in your case. And never, ever sign anything. In part two we’ll begin with why you would be wise to consult a personal injury attorney as soon as possible after your injury.

In the Meantime …

If you’re considering a claim for injury resulting from accident or negligence, it’s important to work with a personal injury attorney who is knowledgeable and experienced in this field, and who has demonstrated a determination to fight for his or her clients.To arrange a free consultation, contact Robert Mandell at The Mandell Law Firm in Northridge. 818.886.6600.

You’ve Been Injured. What Next?

Personal injury cases are based on the premise that someone was injured by the act of another person or entity. If you find yourself in this unfortunate situation, you should seek out a top personal injury attorney who can fight for you and your rights. Since these cases are not necessarily clear cut, it is rarely advisable for you to go this alone.

When pursuing your personal injury case, the first thing on your list should be finding a good attorney. Even after you have narrowed down your choices, you still need to do a little research in order to make sure that he or she will be the right fit for you. This means looking for reviews from other clients, complaints, and even pending lawsuits that may have been filed. The Better Business Bureau is a great place to find this kind of information.

The Face to Face Meeting

You will next want to set a meeting with your attorney. Here, you will discuss the details of your case to determine if you do, in fact, have a viable claim. This is when your attorney will instruct you on what can be expected through each step of the process. This is also the time that your attorney will instruct you as to what will be expected of you. This will include any information you may have, the facts of your case, contacts who can help to verify your case, and any other information pertinent to your claim. The defendant’s attorney will also be contacting your attorney to swap information material to the case.

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Mobile Phones Behind the Wheel – An Evolving Danger

Anyone who has ever been behind the wheel of an automobile will eventually come across an auto accident. A majority of the time, these are the result of not paying close attention to the road. With the advent of mobile phones with texting and email capabilities, the dangers of “distracted driving” are more apparent than ever. The combination of driving and constant communication has created a recipe for disaster.

In 2010 alone, about 1.6 million traffic accidents in the U.S. were caused by the use of mobile phones while driving. That figure represents more than 28 percent of all traffic accidents. While the culprit used to be talking on mobile phones, now the problem has evolved into texting, sending and receiving emails, photos, and browsing the internet while behind the wheel.

Need to Text? Pull Over.

Now, technology allows us to remain in constant touch with others. While this is intended to be a matter of convenience, it can quickly place others in a danger. Consider the fact that in 2009, the number of text messages sent totaled 1.5 trillion. By 2010, that number had increased by four-fold, to 6.1 trillion. With more and more individuals getting mobile phones with text and email capability, that number will continue to climb rapidly.

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I Can Do This. Right?

Personal injury law encompasses a broad array of circumstances. These may include, but are not limited to, injury in an auto accident or some mode of public transportation, slip and fall on property owned by someone else, injury from dog bite or other animal that does not belong to you. These, and more, all fall under the umbrella of personal injury and the severity of your injury may have a big impact on exactly how your claim is processed. There may be occasions when you could handle a claim on your own, either through an insurance company or small claims court. In other situations, you would be well advised to seek the counsel of a qualified legal professional. This will depend on the seriousness of your injury, and your comfort level in dealing with bureaucratic red tape.

When Is It Smart To Do It Yourself?

Auto accidents are by far one of the most common causes of personal injury, even for good, careful drivers. If you’re rear-ended by another driver and injuries to you and your passengers are slight, and the damage to your car is minor, you may feel comfortable simply filing a claim with your insurance, or the other driver’s insurance. If you feel that compensation is sufficient to cover repairs to your vehicle and any medical treatment received, and you are satisfied with the timeliness and professionalism of the service, then this would constitute a good outcome for you.

If, on the other hand, you’re not comfortable or not willing to negotiate with insurance adjusters to reach what you consider to be fair compensation for your loss, then you should turn this task over to someone who is skilled and professional and who can represent your best interests. Waiting until you’ve tried and failed to arrive at a fair settlement, and then seeking the advice of a personal injury lawyer can complicate your claim process. If you’re unsure about how to handle your personal injury claim, contact an attorney immediately and explain the details of your case. Most will offer a free consultation, and most will inform you if their services are not really required for your particular situation.

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What Constitutes Medical Malpractice?

When a physician deviates from the applicable standards of care that other physicians would exercise under the same circumstances, this is potentially a case of medical malpractice. To succeed with such a claim in court, a plaintiff must prove breach of the standard of care (a mistake that a prudent and reasonable doctor wouldn’t have made under the same circumstances), causation (proof that the injury wouldn’t have occurred or have been as serious if it wasn’t for the doctor’s mistake), and damages (in the form of lost wages, medical bills, agony, mental suffering or death).

Demonstrating proof of malpractice almost always requires the testimony of an expert witness in the same field of practice as the alleged negligent health care worker. In addition to bringing action against a negligent doctor in such a case, through the doctrine of vicarious liability, claims can also be brought against hospitals, nurses, and any other health care professionals who may have had a part in the negligence.

Pharmaceutical Injury

Annually, thousands of patients are injured, and even die, due to complications and negligence that result from errors in treatment.These may include medication errors, surgical malpractice, bacterial infections, birth injury, dental malpractice, errors in diagnosis, wrong site surgery, gastric bypass errors, breast implant complications, emergency room mistakes, elder abuse, nursing home neglect, and a variety of consequences resulting from pharmaceutical mishap.

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Some Surprises Can Make Your Day

Some days just don’t turn out exactly as we expected. But, sometimes, the surprises can turn out to be just what we needed. As most of us begin looking forward to the season of holidays, whether we celebrate for religious, or secular, or personal reasons, we make more of an effort to find the good in others as well as in ourselves, and we reflect on what we’ve been most thankful for over the past year. I decided to share a recent day from my life, and my daughter’s, that I found humorous, heartwarming, and that included one of those surprises that made my day. I hope you enjoy it.

At our house, mornings aren’t always a time of peace and tranquility. More often than not, it’s chaos and disorder. Trying to juggle professional and personal lives can be challenging. On this particular morning, I was running late, and realized I would not be able to get my 3-year-old daughter, Vanessa, to preschool and still make it to court in time for my scheduled appearance. After some internal debate, I decided the only solution was to take Vanessa to court with me. “I guess it’s never too early to start training her to be a lawyer,” I thought.

An Unexpected Day in Court

As we rushed into the courtroom, I reminded Vanessa that this is where Mommy works, and tried to impress on her how important it was to stay quiet while court was in session.

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Ensure Your Best Possible Recovery ~

It can certainly be a life-altering event, and the first thing you should know about spinal cord injury is that it does not always present symptoms immediately after sustaining damage. If you suffer a head, neck, or back injury, even if you feel that it’s minor, get the opinion of a qualified health care professional immediately. If you or a loved one has suffered a spinal cord injury, you should know what steps to take to ensure that you’ll receive the best medical care and rehabilitation efforts.

All brain injuries and injuries to the spinal cord are potentially dangerous. They can cause excruciating pain, take away your freedom of movement, speech, or hearing, and can even result in death. If you suffer an injury to the spinal cord due to an accident, on the job or elsewhere, you’ll not only need excellent medical attention but also the counsel of a skilled personal injury attorney. More often than not, there will be an intimidating maze of legalities that must be dealt with before you can get on with treatment and recovery.

Things to Keep in Mind

After you or a loved one has been diagnosed with a spinal cord injury, take the following steps to ensure that you won’t be left without help and without the means to ensure your best possible recovery.

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What Are The Odds?

One thousand Americans arrive in emergency rooms every day having suffered injury from a dog bite. Approximately one third of all American households own a dog. While most dogs are considered docile and obedient, without proper socialization any dog can be provoked into biting by loud noises, aggressive movement, or threatening situations. It is the responsibility of a dog’s owner to seek proper obedience training and take all necessary measures to ensure that the dog will not attack. If a dog is overly aggressive, and prone to attacking people, it’s the owner’s responsibility to surrender it to an animal shelter.

An attack can happen to anyone, however research shows that children are most at risk. Close to half of those suffering a dog bite injury are children. Dog bite injuries often leave victims physically and emotionally scarred. More serious cases of dog attack have even resulted in death. Medical costs for reconstructive surgery and psychological recovery can be exorbitant, and often beyond the financial means of the victim. That’s when the law steps in.

If You Are Bitten

It’s extremely important to identify the animal that bit you. If for some reason this is impossible, you face the probability of having to submit to painful treatment for rabies. Additionally, if you were attacked by a dog, or any animal being kept by a person, you are almost certainly entitled to compensation from its owner. Depending on the severity of your injury, that compensation may well be needed to pay the medical costs of reconstructive surgery, reimburse you for lost income, and help you overcome psychological trauma from your injuries. Next, seek medical attention as quickly as possible. If your face is wounded, insist on being treated by a cosmetic surgeon, as appearance will matter to you and emergency room personnel aren’t always trained in this specialty.

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The First Five Questions ~

Personal injury cases range from auto accidents to medical malpractice to product or premises liability to other torts resulting in catastrophic injuries. The commonality amongst all of these cases is that a legal duty was breached which resulted in harm and caused financial, physical and emotional distress. In such situations, it is important to select a seasoned attorney who is aggressive, committed and dedicated to empowering you and your case. To find the right legal counsel, here are 5 important questions to ask an attorney:

Do you specialize in personal injury cases?
Select an attorney dedicated to practicing injury law. You will receive access to a network of industry-specific experts, an attorney who is well-versed in this discipline and one who possesses a true passion for his area of specialty. This allows an attorney to focus dedicated resources and expertise on a case. If you are the victim of a personal injury, a claim will generally entitle you to damages, including past and future medical costs, lost income, and compensation for pain and suffering.

How many cases like mine have you taken to trial or settled?
This answer is indicative of an attorney’s level of experience and skill set as well as knowledge of cases similar to yours. Also, ask about the attorney’s success rate record with trials vs. out-of-court settlements. Most tort cases settle prior to trial. Those that don’t are presented in court to a judge or jury who will determine and award damages. The attorney should have a track record of winning cases which are similar in nature to yours, as well as resolving them through negotiation. It’s also important to have the attorney explain recommendations, based on details of your case.

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Protect Your Health and Your Legal Rights ~

If you’re involved in any kind of vehicular accident, there are certain rules you should follow. Some of these rules are required by law, others are there to protect your rights. It doesn’t matter whether you’re in an auto accident, a bicycle accident, a motorcycle accident, or are hit by any one of them while walking down the sidewalk as a pedestrian. These rules apply in all situations. While you should always consult with a personal injury attorney for legal advice immediately following any accident, you also need to know, in advance, what to do in case of an emergency.

Remain as calm as possible. Being involved in an accident is almost always an emotional experience. You may be afraid of potential consequences. You may also be in pain. However, staying as calm as you can is in your best interest. You will be less likely to say or do something that could be detrimental should legal proceedings result.

First, if anyone was injured in the accident, call 911. “Anyone” means yourself and passengers in your vehicle as well as other drivers, and passengers in other vehicles. Emergency personnel should be contacted even if the injuries seem minor. Second, call the police so the facts of the accident can be documented. In most instances, a single call to 911 will likely dispatch both the police and paramedics.  (Note: In certain instances, the police may refuse to come or prepare a report.)

Even if you believe the accident was entirely your fault, do not make any statements to that effect. Doing so can have serious legal consequences, and might even affect your insurance coverage. You are not obligated to provide this information before obtaining legal advice.

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