Santa Monica Personal Injury Lawyers Dedicated To Helping You

Questions And Answers About Personal Injury

Here are some answers to questions we get most frequently:

What should you do after an accident?

There are certain steps you should take after any accident. Some of these steps only apply in a car accident, but others would also apply in a slip-and-fall or a dog bite incident. If you are seriously injured and need immediate medical attention, your health and safety come first. If you can do the following at the accident scene, it will help when you file your claim:

• Check for injuries – If you can, assist any other passengers or drivers who are injured and call 911 for anyone who needs immediate assistance. Remember that not all injuries are noticeable right away, and some worsen over hours or even days.
• Report the accident – California law requires you to report any accident to the police when someone is injured. This can be hard to know right away, so reporting the accident is your safest bet.
• Collect information from all drivers – You will need the name, address, phone number and driver’s license information for each driver involved.
• Collect information on all vehicles – If you can, get the vehicle identification number (VIN) on each car and take as many photos of the scene as possible.
• Collect information from witnesses – If there are witnesses to the accident available, gather their contact information.
• Seek medical treatment – Go directly to a doctor for evaluation and follow their treatment advice. As stated above, some injuries become worse over time, so even if you only have minor pain, have it checked. Take photos of your injuries.

As soon as you are able to do so, contact the Law Offices of Eric Hershler to discuss your claim options. We will help you understand your next steps and explain how the law might apply to your case.

Am I able to see a doctor after an accident if I do not have health insurance?

We take care of everything for you after an accident, including working with you to make sure that you see the right medical professionals after a crash. If we work together, we use our extensive network in California to find the right doctor, chiropractor or specialist for your specific situation. These doctors will treat you even if you do not have insurance. Managing a severe personal injury or a permanently altered life requires immediate specialized care, and there will be no bills for these services until your case is completed. This ensures you receive the medical attention you need without immediate out-of-pocket costs.

Why hire a personal injury lawyer?

People who work with an attorney can recover significantly more for their claims, according to studies, which is especially critical when calculating the lifetime costs of a permanent injury. Additionally, an attorney understands the methods that insurance companies use to devalue claims. We can fight back against these companies and put you in the best possible position to recover the full compensation you deserve.

How much is my case worth?

You may be entitled to obtain compensation for your damages if you have been hurt or injured as a result of another party’s negligence. California law gives you the right to recover money for physical injuries, medical costs (past and future), pain and suffering, mental and emotional anguish, inconvenience, loss of wages, loss of earning capacity, property damage, and other losses. Each case is unique, and our experienced attorneys will conduct a thorough assessment to estimate the potential value of your claim. We aim to ensure you receive fair compensation that reflects the full extent of your losses.

What is comparative fault in a California personal injury claim?

California is a comparative fault state. That means that the person who caused your accident may claim that you, as the victim, were also partially at fault for the accident. For example, although they ran a red light, they may claim that you were also speeding. The jury could find that you were 25% at fault for the accident while the other party was 75% at fault. The jury would then reduce the amount of damages you receive by 25%. These issues are the kind of nuances that an experienced personal injury lawyer prepares for every day.

When we take on a claim, we view every detail through the lens of an experienced personal injury attorney and from the angles of each potential opponent should the case go to trial. With this view beginning on day one, we are able to stay ahead of the curve. It is the combination of working hard and working smart that sets the scene for how the personal injury lawyers at the Law Offices of Eric Hershler approach each case.

Under California Proposition 213, if you are driving without insurance or driving drunk, you cannot claim noneconomic losses in an auto accident. You can claim economic damages, such as medical expenses and property damage to your car, but not intangibles such as pain and suffering.

For dog bites, on the other hand, dog owners in California have “strict liability” for damage caused by their pets. As long as you were legally allowed to be in the place where the dog bit you, you do not have to show any certain amount of negligence.

When may someone bring a personal injury lawsuit?

Acting as soon as possible after an injury accident is prudent. Evidence may be lost over time. The memories of any witnesses may fade. Moreover, developing a strong case is also important – and that may take some time. Not all claims lead to a full-blown lawsuit. Our lawyers prepare for trial at every step but are also skilled in negotiation. The timing of a personal injury claim also may depend on the complexity of the overall case, particularly when proving the long-term impact of a life-altering injury.

Be aware that California law has a statute of limitations of two years from the date of injury for bringing most personal injury lawsuits. When a government entity is involved, the rules are somewhat different. Suing a government agency involves a different timeline, notice requirements and processes that do not apply in personal injury claims against a private individual or private business. In either situation, it is prudent to work with a Santa Monica personal injury lawyer who focuses on personal injury law. Our legal team does not just dabble in personal injury; we fight every day for the injured and their families in pursuit of justice.

Are you a no-win, no-fee California law firm?

Our personal injury firm works on a contingency fee basis, meaning that we will not require payment unless we are able to win. Our fee is a percentage of the compensation won from your case.

Our Caring, Aggressive Personal Injury Attorneys Can Help. Contact Us For A Free Consultation.

Our Santa Monica personal injury lawyers understand that the justice we seek in personal injury law involves fighting to help clients who have suffered serious harm put their lives back together. That in itself is a personal endeavor, and knowing the person is vital. Call us in the Santa Monica​ area at 424-432-5084 or send us an email to arrange your free consultation. There is no fee unless we obtain compensation for you.