Injury Accidents
Sometimes when tourists visit our great State of California, they get involved in an auto accident, motorcycle accident or slip and fall during their stay. If any such accidents result in serious injuries, such as whiplash, head trauma, brain injury, fractured bones or any other types of serious injury, you maybe entitled to compensation.
Often these individuals, mistakingly go back to their home state or country and contact a local attorney. This will result in an attorney who is not familiar with the laws of the State of California to improperly handle these injury claims. If you are injured in the State of California, you need to contact an experienced and aggressive California Injury Lawyer who can represent your interests properly.
At the LAW OFFICES OF JUBIN J. SHARIFI, APLC, we handle such serious injury cases involving tourists throughout Southern California. With our main office in Los Angeles, California, and with field representatives throughout the State, we are ready to represent injury victims in every city in California.
If you get injured driving on any of our busy Highways, such as the 405 Freeway, 101 Freeway, 10 Freeway, 15 Freeway, 210 Freeway, 215 Freeway, and 134 Freeway, please CONTACT US for a FREE CONSULTATION.
Injury Accidents
In order to better understand what your CALIFORNIA INJURY LAWYER is doing for you, it is important to understand the elements of your INJURY CLAIM. Most injuries are based on a tort claim, such as negligence (such as: Car Accident, Motorcycle Accident, Slip and Fall, Pedestrian Accident, Boating Accident, Trucking Accident, etc.), product liability, professional malpractice (such as: Medical Malpractice, Nursing Home Abuse).
In order for a victim of a tort to be able to recover for his or her injuries, he or she needs to prove certain basic elements. These elements are as follows:
1. Duty: A Plaintiff, has the burden to prove that the defendant (wrongdoer) owed a duty of care towards the Plaintiff. For example, we all owe a duty of reasonable care when we drive our vehicles to avoid causing injuries to other drivers, pedestrians and motorists.
2. Breach: The Plaintiff also has to prove that the Defendant, in fact breached his or her duty. Once again, using the example of a car accident, Plaintiff needs to show that the Defendant, violated the rules of the road (A Section of The California Vehicle Code).
3. Causation: Additionally Plaintiff needs to demonstrate that Defendant’s breach of his or her duty in fact caused the injuries. Many negligent acts take place, without causing any injuries to anyone. For example every time anyone makes an unsafe lane change or goes over the speed limit, they are breaching their duty of care to everyone on the road. However, unless those acts actually cause real injuries to anyone, there is no case.
4. Injury or Damages: The last element or part of a tort claim is the element of injury or damages. A Plaintiff needs to be able to show with some level of certainty that he or she was injured. Injuries or damages can be to a person’s body (bodily injury) or to a person’s property (for example: damage to vehicle).
In every stage of a case, an injured party can benefit from consulting with and retaining an experienced and aggressive injury attorney. An attorney can outline a theory under which the Defendant owes a duty of care to the Plaintiff, which was in turn breached by the Defendant; that directly caused injuries to the Plaintiff.
At Law Offices of Jubin J. Sharifi, APLC, we handle tort cases on a CONTINGENCY FEE BASIS. This means that we don’t get paid, unless you get paid!
For a FREE CONSULTATION, please contact one of our offices and ask to speak to Jubin J. Sharifi, Esq.
Injury Accidents
The time an individual has to file a lawsuit is limited by applicable Statute of Limitations. Different Statute of Limitations apply to different types of cases. In California the Statute of Limitations for injury claims is generally two years. However this can vary depending on the type of injury claim and the defendants involved.
Injury Accidents
We often get calls from potential clients, as well as current clients with concerns regarding positions insurance companies take to justify making low and unreasonable settlement offers for legitimate injury claims. Even in cases where liability is seemingly clear and the insurance company has accepted responsibility for the loss caused by their insured, they often find any reason imaginable to avoid paying up.
Here are some commonly used tactics by the insurance company adjusters in an effort to minimize what is an otherwise serious injury:
It is a low impact accident! Therefore, it could not have caused any injuries. Although, this maybe a legitimate defense in some case, it is used more and more by large insurance companies to undermine very serious injuries that can in fact be caused even in a very minor accident. Documenting your injuries and getting timely medical attention is helpful in countering such an unfair evaluations of your injuries. An experienced California Injury Attorney, can assist you in getting compensation for your injuries.
OK, you are injured! But you were injured before this accident. This is a common position for the insurance adjusters to take, especially when the injured party is an older individual. Most of us have some references of prior injuries and even possibly previous accidents in our medical records. This does not mean that the person who causes a re-injury or an aggravation of a previous injury is not required to compensate you. Very often, people with existing injuries are asymptomatic (injuries do not present themselves) until an accident triggers them. You can benefit from advice of an experienced injury lawyer in dealing with such cases.
Contact our office for a FREE CONSULTATION IMMEDIATELY, if you are faced with some of these or similar arguments. Don’t go at it alone!
