Personal Injury Lawyer Simi Valley, CA
Every year there are about 29.4 million people that seek medical attention for unintentional injuries, and if you are part of that group you may need to contact a personal injury lawyer in Simi Valley, CA. Even if you don’t believe that you have a valid or persuasive case, it is still worth taking the time to speak to a lawyer who can give you the answers that you are looking for. When you have suffered a personal injury that is the fault of another person or party, you are entitled to understand your rights.
There are all kinds of unexpected and unintentional injuries that can interrupt your life because of someone else’s negligence. When this happens you could have a personal injury case. A personal injury case covers many different types of cases, ranging from car accidents to slip and falls. If you have evidence that you were injured because of someone else’s deliberate or negligent actions, you could be able to recover compensation. With a qualified lawyer, your case can result in a good outcome which can lead to you recovering your losses. Most of the time these cases don’t go to trial but no matter what a lawyer could help you get the most out of the ordeal.
Most Common Types of Personal Injury Cases
There are plenty of cases that classify as a personal injury. Judges hear these types of cases by the thousands annually or they are settled by the thousands during the year. There is a chance that there is a way for the victim to claim large sums of money for their hardships but this isn’t a promise. Each case is going to be unique and that is why a lawyer is there to help.
Personal injury cases can come in many forms. If you are curious about the most common types of personal injuries then here are the most common types:
Auto Accident Injuries
According to the National Highway Traffic Safety Administration (NHTSA) in 2018 there were over 6.77 million motor vehicle accidents in the United States. It really is no wonder why the most common type of personal injury claim involves auto accidents with that number. Driving is a necessity and with so many people on the road, the chances of getting into an accident are high. Many drivers on the road do not pay attention to their surroundings or simply don’t care how their driving endangers others.
If you have been in an accident, you should talk to a lawyer right away. If you believe that the accident happened because of the negligence of the other driver then you should contact a personal injury lawyer in Simi Valley California as soon as possible. No matter if the accident involved drunk driving, speeding, or reckless driving you will have to prove it and that is easier said than done.
Slip and Fall Accidents
Slip and falls are another extremely common personal injury claim. It is no shock that the biggest population that files these claims is the elderly. Slip and fall accidents are especially common among the elderly because their bones are weaker and they are more vulnerable. When an elderly person falls and suffers a fracture for example, it can result in severe health complications like infections. According to the Center For Disease Control, about 3 million people over the age of 65 are treated in the ER for fall injuries each year.
Many of these accidents are due to the negligence of another party. This could be from wet floors that weren’t labeled, to broken railings that weren’t fixed. A victim of a slip and fall accident may have slipped on a spilled piece of food that was not properly cleaned up in time. These things can get dangerous for many people and can seriously injure them. Negligent parties may not think much of the hazards that often cause slip and falls, which make them so dangerous.
A pedestrian accident occurs when a driver strikes a pedestrian and causes them harm. A large portion of pedestrian accidents often happens because the driver is not paying attention or is driving in a reckless manner. Injuries like head injuries, leg injuries, and back injuries are common among pedestrians who have been injured in an accident. These injuries can cause long-term health issues, such as limited mobility and impaired cognitive function. Recovering from a serious pedestrian accident can take months, especially if your injury is severe, but you may be able to have your losses covered if you seek legal help.
If you were a pedestrian and have been injured as a result of the negligent actions of a driver, you may be entitled to compensatory damages. Discuss your case with a reputable and qualified lawyer so that you can find out more about your legal rights and steps to file a claim.
When people go to the hospital to receive care, they should be able to get quality treatment. Sadly medical malpractice is far more common than anyone would think. Doctors take an oath to do no harm but sometimes they fall short on that. Victims of medical malpractice are often left with long-term health complications due to the mistakes made by the medical professional who failed to provide proper care.There are somewhere around 60,000 cases of medical malpractice each year and these can be life-altering.
There are numerous scenarios that can lead to a medical malpractice case. Some of the common types of medical malpractice are misdiagnosis, delayed diagnosis, childbirth injuries, medication errors, and surgical errors. A doctor or other type of healthcare professional should be able to meet a standard of care. Not all cases of negligence would qualify as malpractice, as a lawyer can explain. If there was an injury due to a medical professional’s negligence then it could be a medical malpractice claim.
Get Your Medical Records For Your Personal Injury Claim
When you are the victim of a personal injury accident of any kind, you will likely need to get your medical records after the accident. While these records will be valuable to you regarding the kind of care you are getting and the treatment you will need, you will also need to use these records for your personal injury claim. In fact, without your medical records, you will likely be very unsuccessful when it comes to filing your personal injury claim. This can be incredibly helpful when the other party’s insurance is claiming that you were not truly hurt from the accident or claims that you had a pre-existing condition that is hurting instead of an injury that you sustained from the accident. Even if you did have a pre-existing injury, your medical records can show that the accident made it worse than it was before.
Do you have a right to get to your medical records?
Absolutely. As a trusted personal injury lawyer in Simi Valley, California knows, you have a right to get a copy of your own medical records. There are almost no instances where you will not have a right to obtain your medical records. Additionally, when you name someone else as your designated representative, they will also have the right to access your records. You may have an inability to access certain medical records, even if they are yours. For example:
- Notes if you are a psychotherapy patient
- Notes or other medical documents that your physician has said they believe could cause you to danger yourself or someone else
- Medical information that your provider is using for a lawsuit
These are just a few examples of times when you will not be able to access your medical records. Thus, with few exceptions, you should have no problem reaching out to your medical provider to forward you copies of your records.
Will I get my medical records immediately?
That is unlikely. While some medical providers might move quicker than others, your medical provider will have 30 days to forward you your medical records from the time that you asked. Per HIPAA, your medical provider will need to contact you and let you know if there is any delay in getting you these medical records. In the state of California, medical providers will have only 15 days to provide you with a copy of the records you asked for.
Filing a personal injury claim can be difficult. It is imperative that you are working with a lawyer you can rely on during this time who can help you with the legal side of your claim while you are gathering evidence, like your medical records. If you have any questions about getting medical records for your claim, just reach out to our office to see how we can help you.
If you or a loved one have been a victim of someone else’s negligence then it might be time for a lawyer. Reach out to a personal injury lawyer in Simi Valley CA from Barry P. Goldberg for more information about what we can do for you.
Personal Injury Lawyer Simi Valley, CA
A main goal of our Simi Valley, CA personal injury lawyer is to assist clients with their cases to obtain compensation from the party who is said to be at fault for the personal injury in one way or another. Compensation is most commonly received in the form of monetary compensation, a settlement – an agreed upon amount which would satisfy the needs and wishes of the victim. Financial compensation does not always fully make up for more severe injuries, but it can help alleviate some of the substantial burdens victims face during the process of their recovery.
How do we determine the liable party?
In order to succeed, the victim and their attorney must provide evidence related to each item, such as police reports, medical records, photos of the scene and injuries, as well as eyewitness testimony. An attorney will guide his client through counseling and identifying the proper evidence to support the claim.
What can I be compensated for following a personal injury?
Compensation can be pursued following an incident where there was damage to personal property or injury, regardless of the level of seriousness. Compensation includes what you have been billed for already, as well as future expenses such as future medical issues that are a direct result of the incident. For example, if you sustained an injury during the incident and consequently you require long-term medical treatment, you can pursue compensation to help with expenses and other associated costs.
The compensatory damages may be “economic” or “noneconomic.” Economic damages are physical, more tangible damages that can be quantified, and their value does not change depending on the jury that is evaluating them.
- Past and future medical expenses
- Past and future lost wages
- Household services
- Vocational rehabilitation
- Property damages
- Out-of-pocket expenses
- Lost earning capacity
- Medical expenses may also be included under economic damages. These damages are bills that arise out of the injuries that are caused.
Other medical expenses that compensation can be collected for:
- Chronic physical health issues
- Chronic mental health issues
- Future treatments
- Emotional anguish
- Reputation damage
- Loss of enjoyment of activities
- Worsening of prior injuries
In some states, noneconomic damages are referred to as pain and suffering. In addition to the one who suffered the damages, a spouse may be able to recover a type of non-economic damage referred to as “loss of consortium”. In the event of a wrongful death, or inability to seek legal assistance, a spouse can also be the one to seek legal counsel and fight for compensation for personal injury damages.
How does a lawyer help gain compensation?
Barry P. Goldberg brings experience, compassion and tenacity when victims need it most. A personal injury victim can face a long road to recovery, and to ensure your recovery is a priority, you must have an attorney take the lead on your case, and negotiate compensation. Contact leading Simi Valley, CA personal injury lawyer Barry P. Goldberg as soon as possible to learn more about how we can be of assistance with your case.
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