Mendez and Sanchez - Los Angeles Personal Injury Law Firm

If you've been injured because of someone else's negligence, you have the right to ask for financial compensation for the losses you've suffered. But seeking a personal injury lawsuit is no easy task. Offenders and their insurance companies are backed by armies of lawyers prepared to defend their clients. Who's looking out for you?

At Mendez & Sanchez, we defend personal injury victims. Where possible, we settle cases out of court so our clients can get back to their lives. If necessary, however, we put together a litigation strategy and take the case to trial. Either way, we defend our clients from start to finish so they can focus on getting better.

What Is Personal Injury?

The essence of a personal injury case is negligence. When another person, company, or even a governmental agency acts irresponsibly, others can get injured. The injury is usually physical, but it can also be psychological or emotional as well.

"Negligence" is a legal term that indicates failure to exercise a proper level of care under the circumstances. Another way of putting it is failure to behave as a reasonably prudent individual would. Negligence can be displayed through someone's actions (like speeding or driving intoxicated) or through an exclusion (such as failing to eliminate a known risk from one's company property).

To win a personal injury case, the victim must prove that the defendant was negligent. There are four specific elements that are required under California law:

• Duty of care-- The offender must have owed a duty of care to the plaintiff. Sometimes a duty emerges out of a personal relationship between the individuals, such as doctor and patient. But this isn't always required. For example, when you drive on a highway, you owe a duty to other motorists not to be reckless.
• Breach-- Next, the plaintiff must demonstrate that the defendant breached the duty of care. This is where the defendant's negligent acts and/or omissions are brought out. It also covers situations where the at-fault party breaks a law or participates in deliberate wrongdoing. Breach is typically the most contested part of a personal injury lawsuit.
• Causation-- The offender's breach has to actually cause injury to the plaintiff. If the offender acted negligently but didn't harm the plaintiff, this aspect fails.
• Damages-- These are the losses for which the plaintiff will demand financial compensation. Some of the most common damages are medical expenses, lost wages, lost earning capacity, and pain and suffering. The nature and quantity of damages are fiercely disputed in the majority of personal injury cases.

Possible Damages In a Personal Injury Case

The goal of a personal injury lawsuit is to make the plaintiff whole through financial compensation. This compensation is referred to as damages, and some examples are:

• Medical costs-- This broad category can consist of everything from hospital bills and prescription medications to physical therapy and unique adaptive equipment to help with a victim's day-to-day activities.
• Lost wages-- While you recuperate or are hospitalized for your injuries, you will lose time from work and, with it, potentially significant amounts of money. You can ask a court to award you damages to cover this lost income.
• Lost earning capacity-- Your occupational prospects may be cut short or severely restricted after a personal injury. An expert witness can help approximate the future income you will lose out on as a result.
• Pain and suffering-- These damages account for the pain and psychological trauma you will likely experience for some time to come. Although hard to quantify, they are essential to catastrophic injury cases.
• Loss of enjoyment of everyday life-- It may not be possible to enjoy your regular everyday activities, hobbies, and other interests after a bad injury. These damages help compensate you for the loss.
• Loss of consortium-- This category refers to the deprivation of the benefits of a family relationship. It includes the loss of assistance, community, companionship, and sexual relationship between partners caused by the injury.
• Punitive (exemplary) damages-- In rare cases, an at-fault party can be subject to punitive damages. These are meant to punish the wrongful party and deter others from engaging in similar conduct.

Are There Time Limits to File a Personal Injury Lawsuit?

Your right to sue a negligent party will not last forever. In California, personal injury cases are subject to what's called a statute of limitations. This establishes a deadline for plaintiffs to file their lawsuits before they lose the right to do so. For a personal injury, the statute of limitations is two years. In most cases, the clock starts to run when the injury occurs.

However, it's best not to delay taking action on your case. Witnesses' memories can diminish over time, evidence will be harder to obtain, and you might forget critical details if you wait too long. If you or a loved one have been injured, reach out to a dedicated Los Angeles personal injury attorney.

How Can the Personal Injury Lawyers of Mendez & Sanchez Help Me?

Suing a defendant almost always means suing an insurance company, like an automobile insurer. Regardless, you can count on the defendant's lawyers pushing back on your claims or making settlement offers that come nowhere close to covering your losses. You need a lawyer who not only understands California personal injury legislation, but understands how to establish a fair value for your case.

At Mendez & Sanchez, we've helped numerous personal injury clients get the compensation they require to recover. We won't accept unreasonable offers and will stand by you from start to finish. Give us a call or fill out the contact form today to get started on your case.

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OUR PERSONAL INJURY ATTORNEYS IN LOS ANGELES ARE AVAILABLE 24 HR A DAY TO TAKE YOUR CALL. FOR A FREE CONSULTATION, CALL US OR VISIT OUR WEBSITE.