Santa Monica Personal Injury Lawyers Dedicated To Helping You

An unexpected injury can change your life in ways that you never could have even imagined. Whether you were involved in a motor vehicle accident, slipped in a public place or suffered some other injury due to the negligence of another, you deserve to get the full compensation necessary to help you best adjust to the new normal.

At the Law Offices of Eric Hershler, in the Santa Monica area​, our knowledgeable team will provide a service that is both efficient and personally attentive. Our founding attorney has over 35 years of experience in the legal system handling personal injury claims and helping accident victims and their families in California. He and the rest of our legal team know that the best way to serve our clients is to be accessible to them. When you need us, we will be here to help you take on the insurance companies and put you in the best possible position to fight back.

What Is The Definition of Personal Injury? — Understanding California Personal Injury Law

We all owe each other a reasonable duty of care, meaning that we act in a responsible way so that we do not injure each other. This means that we drive carefully, keep our property free from hidden dangers for our guests and control our pets so that they do not attack anyone. People who violate this duty of care and injure others through negligence or wrongdoing may owe the injured individuals damages in California.

While the definition involves a duty, and negligent action, what may constitute negligence is often hotly contested. You need to work with a trial-tested lawyer who knows how to draw out the complete picture surrounding an accident. Our lawyers have substantial experience representing the injured in Southern California.

Personal injury claims can arise from a variety of incidents, including but not limited to:

• Bicycle Accidents
• Bus Accidents
• Construction Vehicle Accidents
• Delivery Truck Accidents
• Electric Scooter Accidents
• Impaired Driving Accidents
• Motorcycle Accidents
• Pedestrian Accidents
• Rideshare Accidents
• Truck Accidents
• Utility Truck Accidents
• Dog Bites
• Elevator And Escalator Accidents
• Governmental Premises Liability
• Slip, Trip And Falls
• Wrongful Death

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, at least in part, on the complexity of the overall. case.

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 that focuses on personal injury law. Our legal team does not dabble in personal injury–bring a claim once in a while–we fight every day for the injured and their families in pursuit of justice.

What Is Comparative Fault In A California Personal Injury Claim?

Notably, 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 and every 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.

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, however, 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.

We Cover All Personal Injury Types

Regardless of the type of injury you have suffered as a result of another’s negligence, we are confident that we can help you determine what is right for your specific situation. We have obtained over $100 million in compensation for our clients, and we have a 98% successful case rate. We offer full-spectrum counsel for personal injury law cases involving:

• Car accident claims
• Pedestrian accidents
• Electric scooter accidents
• Motorcycle crashes
• Premises liability
• Slip-and-falls
• Dog Bites
• Wrongful death

Your main focus after your accident should be your well-being. We are dedicated to handling everything for you so that you are able to take the time you need to recover. We make sure that you get the necessary care to treat your injuries and negotiate with the insurers so that they know your case must be taken seriously. We are here for you from beginning to end.