Basics of Personal Injury

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Accidents happen all the time. In general, under California law, you are protected, and may be entitled to compensation, if you are injured due to another party’s breach of their duty of care owed. A party’s duty of care varies depending on the circumstance. For example, a driver’s duty of care is different than a property owner's duty of care.

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A party is in breach of the applicable duty of care if they fail to meet the applicable standard of care. Furthermore, there must be showing that the Defendant's breach caused you harm and damages. An injured party may receive compensation for these damages.

 

At Salehani Law Firm, we establish a theory (or theories) of liability and zealously advocate on your behalf to prove your given claim(s) such that we obtain the best and highest compensation for your damages. However, it is critical to note that a case must be filed within the applicable statute of limitations. A failure to file a lawsuit in a timely manner may result in a case being barred from litigation.

 

Recoverable Damages

 

In California, there are different types of damages you may be awarded in a personal injury claim. Compensatory Damages are damages which are intended to repay you for costs related to your injury, as well as other financial losses. These damages include economic and non-economic damages.

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Economic Damages include, but are not limited to:

• Medical expenses

• Property damage

• Lost wages

• Loss of earnings

 

Non-Economic Damages include, but are not limited to:

• Pain and suffering

• Emotional Distress

• Hardship

• Inconvenience

• Loss of enjoyment of life 

 

An injured party may also seek Punitive Damages. These are neither economic nor non-economic in nature. Rather, Punitive Damages are intended to punish the defendant or deter dangerous conduct. California law, in general, allows a party to recover Punitive Damages when there is a showing of a defendant’s malice, oppression, or fraud. In other words, cases where there is a showing of intentional harm or extreme recklessness. 

 

Litigation Process

 

Navigating a personal injury case can be challenging. At Salehani Law Firm, our goal is to maintain strong communication with our clients while going through each stage of the process. Typically, personal injury claims and lawsuits go through the following phases:

 

Demand for Compensation

 

At the preliminary stage, our office begins an investigation of the accident and determines what theories are appropriate for establishing a theory of liability. Once this is complete, we prepare a demand letter, which notifies a defendant or defendants of your intent to recover damages under an applicable legal theory. This letter is usually directed to an insurance company. Often times, a demand letter for compensation can lead to fruitful negotiations and compensation. However, if settlement is not reached at this time, we proceed with litigation of the matter.

 

Court Proceedings

 

Litigation begins with the filing of a Complaint with the appropriate California Superior Court. Once a Complaint is filed with the Court, the Defendant or Defendants are required to file an Answer, or otherwise respond.

 

Once this stage is complete, the Discovery phase begins. This is an exchange of information and evidence between the parties by way of written or oral means. Specifically, this exchange and inspection of information is completed by formally written questions or deposition(s).

 

The vast majority of cases settle. Throughout the litigation process, there are constant evaluations of legal liability and negotiations of settlement. However, if settlement is not reached, the case proceeds to Trial before the Court. During Trial a Judge and Jury evaluates the merits of a case, and a verdict is reached on the amount a plaintiff should be compensated. 

 

At Salehani Law Firm, we understand that personal injury matters are stressful and life changing. Our goal is to simplify the process, minimize your stress, and maximize your damages award through our experience with the legal process. ​​