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Personal Injuries Frequently Asked Questions

Q: What types of injuries are included in a claim for personal injuries?

A: Personal Injury claims include any physical or mental injury as a result of someone’s negligence or harmful act. The following are some of the most common incidents that result in personal injury:

• Auto Accidents, Motorcycle Accidents, & Bike Accidents
• Dangerous or Defective Product Injuries (Product Liability)
• Dog Bites or Attacks by Vicious Animals
• Professional Malpractice
• Work-related Injuries
• Wrongful Death
• Toxic Exposure

• Home Accidents
• Injury to Minors & Children
• Uninsured Motorist Arbitration
• Assault & Battery
• Medical Malpractice
• Food Borne Illness or Foreign Objects in Food


Q: What financial compensation is available after I suffer a personal injury?

A: Personal injury victims are entitled to recover money damages for all losses and expenses they incur as a result of a liability incident. The damages may include the following: 

• Medical Bills
• Lost Wages, including
• Pain & Suffering
• Physical Disability
• Disfigurement
• Permanent Scars
• Emotional Trauma
• Mental Anguish
• Loss of Enjoyment of Life
• Loss of Love & Affection
• Embarrassment

• Mental Disability
• Property Damage
• All out-of-Pocket Expenses
   (Transportation Charges, House
    Cleaning, Grass Cutting, etc.)

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Q: How do I know if my personal injury claim is valid?

 A: Recovering damages for a personal injury requires proof that you’ve been injured by the accident. The injury may be physical or emotional. In addition, you must be able to show that someone else caused your injury as a result of negligence, strict liability, or some intentional misconduct. The best way to assess these issues is to review them with an experienced attorney.


Q: If the incident is partly my fault, can I still present a claim?

A: Even if an incident of injury is partially your fault, in California you still may have a claim based on the concept of "comparative negligence." This means the fault of all parties is compared, and the amount of the recovery for damages sustained by the injured victim is reduced by the percentage of their own fault. In this way, each person is held accountable for the amount of damages that they caused.

If you're injured by the negligent action of another, but you contributed to the accident by your failure to exercise reasonably prudent care, you’ll be assessed some percentage of responsibility for your own contributory negligence. The percentage acts as an offset against your claim for damages. There may also be an offset if you voluntarily expose yourself to a known danger. This is called "assumption of risk. "

There is also a concept in California called "fair responsibility." If there are multiple parties responsible for your injuries, each party is held responsible only for that percentage of your claim which they caused. The other party's percentage of responsibility is offset if they are not involved in the case. It is best to include everyone who may be found responsible for your injury.


How do I know if I may need an attorney?

There are many problems that may arise in injury claims. The problems are sometimes subtle and difficult to understand. You should consult with an experienced personal injury attorney before you give any statements or sign any papers of any kind and as soon after your injury as possible.

In a serious injury case, you are better off hiring an attorney as soon as possible. Most firms offer a free consultation with no obligation.

There is a statute of limitations that requires you to file suit within a specific period of time, depending upon the circumstances of your case, or else you will be prohibited from obtaining any compensation for your injuries. It is best to consult with an attorney as soon as possible. An attorney will be able to help you take appropriate action within the statute of limitations.

What is a Contingency Fee?

A contingency fee is a fee that is used by lawyers in most personal injury cases. After suffering an injury, most people are not in a good position to pay an hourly rate to an attorney. Instead of paying an hourly rate, a contingent fee is conditioned upon your attorney's successfully resolution of your case. A contingent fee is paid as a percentage of your monetary recovery. A contingent fee is what is meant when you hear "there is no fee unless there we recovery". The client is generally responsible for the out-of-pocket costs of litigation. Contingency fees are usually one third of what you win from the case.

If I have a personal injury claim do I have to go to court?

Litigation is expensive and time consuming. It is in everyone's best interest to resolve matters fairly without litigation. Most personal injury cases are settled prior to court. If a case does go to trial you most likely will have to appear so that your testimony can be heard.

How long do I have to make a claim for Personal Injuries?

Every state has certain time limits, called "statutes of limitations," that govern the period during which you must file a personal injury lawsuit or make a formal claim. In some types of cases the time period is very short and may require formal action in as little as 6 months or less. If you miss the statutory deadline for filing a case, your case will be thrown out of court. You should consult with an attorney regarding the time limitations in your potential claim as soon as possible.

What are the Statutes of Limitations?

The statutes of limitations are time frames in which you have to file a lawsuit. When the statute of limitations expires on your case, you simply don't have a case anymore. Statutes of limitation differ not only from state to state, but also%
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Every case is specific to its facts. This web site provides very broad, general information about legal topics such as personal injury and automobile accidents. No action should be taken in reliance on the information in this web site. Please contact an attorney for specific advice about your case. We are happy to arrange a date for a consultation with Warren B. Treisman, A.L.C..

Warren B. Treisman, A.L.C. is licensed to practice law in the State of California, and practices in both the State and Federal courts of California. This Web Site is designed specifically for residents of the State of California who are currently within California.

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Nothing contained in this web site should be construed as a guarantee of the outcome of your case. Most of the legal matters handled by Warren B. Treisman, A.L.C. are adversarial. It is the nature of these cases to be fairly unpredictable. Warren B. Treisman will not make any guarantees or warranties of the result of any case.