Top 100 PI Attorneys
Avian Law Group proudly represents clients in personal injury cases throughout California. We provide comprehensive legal services designed to protect your rights, your interests, and your future. If you or a loved one have been injured due to the negligence or recklessness of another, Avian Law Group is ready to stand by your side.
Personal injury refers to physical or emotional harm suffered by a person due to the negligence or wrongdoing of another individual, company, or government entity. The personal injury law, also known as tort law, is designed to protect those injured by providing them the right to seek compensation for their losses.
Injuries can occur in various settings and through different scenarios, such as auto accidents, slips and falls, medical malpractice, defective products, workplace accidents, and more. These cases often involve a complex interplay of laws, evidence, and negotiations. This is where the expertise of Avian Law Group can make a significant difference in your case.
In California, personal injury claims are founded on the principle of negligence. This means that the party causing the injury failed in their duty of care towards the injured person. In legal terms, a “duty of care” is an obligation to act in a manner that would prevent harm to others.
California operates under a “pure comparative negligence” rule. This means that if you’re found to be partially at fault for the accident, your compensation will be reduced by your percentage of fault.
Personal injury cases can be complex and demanding, requiring thorough investigation, expert witnesses, and savvy negotiation tactics. By hiring a personal injury lawyer from Avian Law Group, you gain:
California, with its sprawling cities, coastal highways, and vast population, is a hub of activity. Unfortunately, this also means that personal injuries, whether from auto accidents, slip and falls, or workplace incidents, are not uncommon. If you find yourself needing legal representation for a personal injury in California, hiring a local attorney can make a significant difference in the outcome of your case. Here’s why:
While it might seem tempting to hire an attorney based on national reputation or large-scale advertising campaigns, personal injury cases often require a nuanced, localized approach. A local attorney brings a combination of legal expertise and on-the-ground knowledge that can be crucial for the success of your case. If you’re facing a personal injury in California, consider the manifold benefits of hiring local, ensuring your rights are protected and increasing your chances of securing the compensation you deserve.
At Avian Law Group, we have a deep understanding of California personal injury law. We work tirelessly to ensure our clients receive fair compensation for their injuries, which may include medical expenses, loss of earnings, pain and suffering, and more.
Personal injury claims in California are governed by a combination of case law and statutory law. If you’ve suffered an injury in California due to someone else’s negligence, it’s crucial to understand the state’s laws pertaining to personal injury. Here’s a concise guide to some of the most significant aspects:
The “statute of limitations” is the timeframe you have to file a lawsuit.
California follows the “pure comparative negligence” rule. This means if you are partially at fault for your injury, your compensation can be reduced by your percentage of fault. For instance, if you’re found to be 20% at fault and your damages amount to $100,000, you can only recover $80,000.
While there’s no cap on damages for most personal injury claims in California, there are some exceptions:
In California, dog owners are usually held strictly liable for dog bites, regardless of whether the dog had shown any previous aggression. The only exceptions are if the person bitten was trespassing, provoking the dog, or if the dog was performing military or police work at the time.
To bring an injury claim against a California government agency, you must first file an administrative claim with the government entity responsible. This must be done within six months of the injury. Only after the administrative claim is denied, or six months have passed without a response, can you file a lawsuit in court.
California is NOT a no-fault state when it comes to auto accidents. This means that the person responsible for causing the car accident is also responsible for any resulting harm (bodily injury or property damage).
If your injury occurred on public property, the government entity responsible for maintaining the property might be liable. However, under certain conditions, government entities can be immune from such claims.
While there isn’t a general cap on damages in personal injury cases, as mentioned earlier, there is a cap on non-economic damages in medical malpractice cases. There are also limits for claims against government entities.
California law recognizes claims for negligent infliction of emotional distress and intentional infliction of emotional distress. However, these claims are more challenging to prove, requiring clear evidence of severe emotional distress and the defendant’s direct role in causing it.
Motorists in California are required to carry auto insurance. Minimum liability insurance amounts are:
Accidents happen, and unfortunately, they can result in serious injuries. If you find yourself injured due to someone else’s negligence in California, you might be entitled to compensation. Navigating the legal aftermath of an injury can be confusing, but understanding the process can significantly enhance your chances of obtaining a favorable outcome. Here’s a step-by-step guide to help you understand the legal process post-injury in California.
Above all else, your health is the priority. Even if you believe your injuries are minor, seek medical attention immediately. Not only does this ensure that you’re on the path to recovery, but it also provides official documentation of your injuries, which can be essential for your claim.
Inform the involved parties, especially if your injury resulted from a car accident or an incident on someone’s property. For auto accidents, exchange insurance information. If injured on someone’s premises, report the injury to the property owner or manager. But remember, at this stage, limit your communication. Do not admit fault or provide detailed statements without legal advice.
Consulting an attorney early can help you understand your rights and the value of your claim. An experienced lawyer can guide you through the complexities of California’s personal injury laws and ensure you avoid common pitfalls.
Your attorney will begin an investigation. This might include revisiting the accident scene, talking to witnesses, reviewing medical records, and gathering evidence to support your claim.
Before filing a lawsuit, your attorney will typically file a claim with the at-fault party’s insurance company. They’ll present evidence and negotiate for a fair settlement.
If negotiations fail or the insurance company disputes the claim, your attorney may advise filing a lawsuit. In California, the statute of limitations for most personal injury cases is two years from the date of injury.
Once a lawsuit is filed, both parties will enter the discovery phase, gathering information from each other. This process involves written questions, document requests, and depositions.
Even after a lawsuit is initiated, both parties can attempt to settle the matter out of court. Mediation involves a neutral third party, helping both sides come to an agreement.
If mediation doesn’t result in a settlement, the case will proceed to trial. Both sides will present their evidence, and a judge or jury will decide the outcome. If successful, you’ll be awarded compensation based on your injuries, pain and suffering, medical expenses, lost wages, and more.
If either party believes there was a legal error during the trial, they might appeal the case to a higher court. Appeals can lengthen the legal process significantly.
Once a settlement is agreed upon or a court awards a verdict, arrangements will be made for you to receive compensation. It’s important to note that attorneys typically work on a contingency fee basis, meaning they get paid only if you win your case.
If injured in California, the most crucial steps generally involve seeking immediate medical attention, documenting everything related to the injury, notifying the relevant authorities or parties, and considering legal representation. Legal consultation becomes essential, especially when dealing with insurance companies, large corporations, or complex cases. It ensures that victims understand their rights and the potential compensation they might be entitled to receive.
At Avian Law Group, we have a deep understanding of California personal injury law. We work tirelessly to ensure our clients receive fair compensation for their injuries, which may include medical expenses, loss of earnings, pain and suffering, and more.
We take pride in offering personalized service. From the moment you walk through our doors, you’re not just a client – you’re family. We provide comprehensive legal counsel every step of the way, keeping you informed about the progress of your case and helping you understand your options.
The aftermath of an injury is a challenging time, filled with medical, personal, and legal complexities. While this guide provides a roadmap, each case is unique. To navigate the nuances of California’s legal system post-injury and to ensure your rights are protected, partnering with an experienced attorney is crucial. Your focus should be on recovery, while your attorney handles the legal intricacies.
What sets Avian Law Group apart is our commitment to our clients. We’re not just here to represent you; we’re here to support you. We handle every case with the care and respect it deserves, treating each client as an individual, not a case number.
When you choose Avian Law Group, you can trust that we’ll fight aggressively for your rights and interests.