Personal Injury Frequently Asked Questions of The Marks Law Firm

The following information includes frequently asked personal injury questions. The answers stated are general in nature and are not intended to apply to every personal injury situation. Each case is different and carries its own set of circumstances, which must be taken into consideration by competent legal counsel. By contacting Los Angeles, California personal injury Attorney Scott Marks, you can receive a personal consultation regarding your specific legal claim.

What is Personal Injury?

Personal injury is any physical or mental injury to a person that results from another person’s negligence or harmful act. Personal injury involves civil law cases as opposed to criminal law cases which involve a defendant and the State of California. Personal injury can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:

Auto Accidents
Other Vehicle Accidents (Aviation, Bicycle, Boat, Motorcycle, Railroad, Truck)
Burn Accidents
Construction/On the Job Accidents
Dangerous or Defective Products
Dog/Animal Bites
Medical Malpractice (Birth Injuries, Misdiagnosis, Surgical Negligence)
Nursing home abuse and Neglect
Slip and Fall Accidents/Premises Liability
Spinal Cord Injury
Toxic Exposure
Traumatic Brain Injury

What financial compensation can I recover in a personal injury claim?

Personal injury accident victims are entitled to recover monetary damages for all losses and expenses sustained as the result of an accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:

Medical bills
Lost income, including overtime wages
Pain & suffering
Physical disability
Disfigurement
Emotional trauma
Mental disability
Property damage

How do I prove negligence?

The burden of proof in a tort case, as in most civil law cases, is lower than the proof required in criminal law cases. In a criminal case, the state must prove a person's guilt beyond a reasonable doubt. To win a personal injury lawsuit based on tort law, the plaintiff need only prove that a majority of the evidence shows that an injury was caused by the defendant's negligent actions. This standard of proof is called "the preponderance of the evidence." The different burdens of proof mean that a company might be acquitted of criminal charges stemming from its actions, but be found liable in a civil lawsuit stemming from the same actions.

How do I know if I need an attorney?

If you have been seriously injured in Los Angeles, California, or within the surrounding areas of Southern California and are unsure about the outcome of your injury, consult with an experienced personal injury attorney as soon as possible. Make sure this is done before you give any official statements or sign papers of any kind. California laws require filing a lawsuit within a specific period of time. Depending upon the circumstances of your case, you may be prohibited from filing a lawsuit and obtaining any compensation for your injuries if you delay. The Marks Law Firm can advise you on the applicable statute of limitations for your injury case.

What is the Statute of Limitations?

Every state has certain time limits, called "statutes of limitations," that govern the period during which you must file a personal injury lawsuit. In some states, for example, you may have as little as one year to file a lawsuit from an automobile accident. When the statute of limitations expires on your case, you simply don't have a case anymore.

Statutes of limitations differ not only from state to state, but also in regard to the kinds of lawsuits involved. In some states the statute of limitations for medical malpractice, suits against governmental agencies, and wrongful death actions is shorter than that for other types of personal injury cases. In general, however, the statute of limitations for personal injury cases is from one to three years, and the time begins from the time of the accident. For more information regarding the limitations for your specific case, please contact Los Angeles medical malpractice Attorney Scott Marks.

How long will it take to settle my claim?

The time it takes to settle a personal injury case depends on the circumstances surrounding the case. The more complex the case the longer it may take to settle. Many cases can take anywhere from 3 to 18 months to settle depending on their complexity.

What should I do if I've been injured in a slip & fall accident?

Most businesses and homeowners carry liability insurance to protect them in the event that someone is injured while on their property. The owner or possessor of a residence, land or place of business has the duty to exercise reasonable care for the protection of those individuals who are invited to come upon the premises; i.e., individuals visiting for business or pleasure. In such cases, the owner, company, or person must inspect the premises to discover any dangerous conditions and warn the invitee of dangers upon said premises. Those injured by a negligent owner or possessor of a premise may recover damages for their injuries, including loss of income, medical expenses, pain and suffering, etc.

What is Medical Malpractice?

Medical malpractice is negligence committed by a professional health care provider—a doctor, nurse, dentist, technician, hospital, or hospital worker—whose performance of duties deviates from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients. Most medical malpractice cases are based on the concept of negligence - that is, the patient was harmed because the health care provider failed to meet the required standards of skill and care, in accordance with generally accepted standards. Instances of malpractice might include cutting off the oxygen supply during surgery, misdiagnosing an injury because routine tests and procedures were not followed, or prescribing an illegal drug or one not approved for the patient’s condition.

What is Wrongful Death?

Wrongful death occurs when a person's death was caused by the negligent, willful, or wrongful act, neglect, omission or default of another, such as careless driving or a deliberate murder. In addition to injuring the person who died, people who depended upon the deceased for financial or emotional support may be entitled to compensation for the wrongful death. The State of California has enacted a statute permitting a lawsuit to be brought by the relatives of a person who died as a result of a wrongful act.

If you are a personal injury victim located in the city of Los Angeles, West Los Angeles, Encino, Woodland Hills, Sherman Oaks, Tarzana, Santa Monica or Reseda, California and need the assistance of an experienced serious injury lawyer, contact The Marks Law Firm today, at 866-640-9062, or complete the contact form provided on this site to begin your free consultation.