Personal Injury Law In California
A personal injury action is an action to recover damages for injury to your body, mind, or emotions. For example, claims involving automobile or motorcycle accidents, dog bites, products liability, slip and fall, or wrongful death. The claim may be brought on one of three grounds: negligence, strict liability, and intentional wrong. But regardless of its grounds, the claim must meet the three elements of tort to establish liability. In determining a damages award, the court considers various factors including but not limited to your medical bills, future medical costs, lost wages, and pain and suffering.
Our personal injury lawyers have the experience and legal know-how necessary to guide you through the complicated legal process of moving forward after an auto or motorcycle accident or another type of personal injury. If you or a loved one has recently been involved in an injury, our lawyers are here to help. Contact our personal injury lawyers in Los Angeles immediately to setup your free consultation to discuss this matter. We take cases on a contingency basis and collect no attorney fees unless we win your case.
We have encountered numerous examples of our employee-clients getting injured on the job by the negligent acts of a third person. You as the employee may have the right to file a lawsuit against your employer and against the third party. If workman's compensation insurance has provided some or all of your medical bills payments, then the employer's carrier may be entitled to reimbursement from your third party claim. Typical examples include car accidents caused by an unrelated party while you are on the job. In many cases, the issue may be whether or not you are actually "on the job" as far as workman's compensation coverage goes. (Consider the case of an employee who decides to take a longer lunch and is sitting in his car after his official lunch break is over when a crane drops a piece of equipment on him and his car. Is that work comp? Juries love these issues!).
New California case law suggests that your right to recover your medical bills following a personal injury is limited to the actual amount paid by yourself or your insurance carrier. This issue is "hot" now since many bills are sent out by doctors and hospitals that are based on Chargemaster rates which are rarely if ever actually paid. As if that issue isn't contentious enough, what then are "future" medical bills to be based on?