Personal Injury Lawyer Simi Valley, CA - slippery floor sign on white slippery floorPersonal 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 slips 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.

Simi Valley Personal Injury Lawyer

Most Common Types of Personal Injury Cases 

There are plenty of cases that classify as 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. 

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 slips and falls, which make them so dangerous. 

Pedestrian Accidents

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 the steps to file a claim.

Medical Malpractice 

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 of 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. 

Simi Valley Local Courthouse’s

  • Simi Valley – East County Courthouse: 3855 Alamo St F, Simi Valley, CA 93063
  • Ventura Superior Court: Hall Of Justice: 800 South Victoria Avenue Ventura, California 93009
  • Ventura County: Oxnard Juvenile Court: 4353 E. Vineyard Avenue Oxnard, California 93036

Simi Valley Personal Injury Law Infographic

Most Common Types of Personal Injury Case Infographic

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. 

Contact Our Simi Valley Personal Injury Lawyer

California’s Worst Accident Roads

According to NHTSA fatality analysis reporting system Californian highways are amongst the most unsafe roads in America. Here are the worst highways and roads for accidents:

  • I-15
  • I-405

  • I-5

  • Redwood Highway (US-199)

  • Pacific Coast Highway (SR-1)

  • SR-62
  • SR-2
  • SR-86

Simi Valley Personal Injury Law FAQs

The 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 that 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 Constitutes a Personal Injury Case? 

A personal injury case occurs when a person is inflicted with physical, emotional, or reputational harm due to another party’s actions. This party in question can be an individual or a group, including a private company or a government entity. Personal injury cases can stem from deliberate wrongdoing, like defamation, but the majority of them stem from a party acting in negligence.

What’s the Most Common Form of a Personal Injury Case? 

Personal injury cases can range from slips and falls, dog bites, defective products, medical malpractice, construction accidents, and more. Car crashes are among the most common type of personal injury cases. Even with cars having more safety features, collisions still happen, and often due to human errors, such as a driver engaging in distracted driving. Like all personal injury cases, car crashes can range from minor scrapes to traumatic brain injuries or even wrongful death.

Do I Need An Attorney’s Help? 

Following a personal injury case, the affected party has the legal right to seek compensation. For example, in the case of a car crash, the other driver’s insurance company can be held liable to pay. Starting the process involves filing an insurance claim, and it’s possible to receive a settlement offer without an attorney’s help. However, this settlement is often low and may not cover a person’s immediate expenses—alongside taking into account factors like pain and suffering.

What Can An Attorney Do? 

A Simi Valley personal injury lawyer helps you get a better settlement by negotiating with the insurance companies. Without an attorney present, the insurance company may not even take your call, let alone offer a settlement or revise their offer. An attorney can apply legal pressure and force the insurance company to readjust their offer. An attorney can also help you gather evidence, including testimony from experts that can aid you in your case. For example, a car accident reconstructionist or a medical expert.

How Long Does It Take To Settle A Personal Injury Case? 

It’s important to note that legal matters generally aren’t settled overnight. Gathering the necessary evidence, known as the discovery period, can take several months. Generally speaking, the more severe the injury, the longer it takes to resolve the case. It’s possible for a personal injury case to go to trial as well, but this is often the exception versus the rule. An experienced Simi Valley personal injury lawyer can ensure your case is resolved in a timely manner while also ensuring you and your family receive the necessary settlement. Our Barry P. Goldberg team is happy to help victims and their families through personal injury cases when you call us today.

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.

Economic damages:

  • 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
    • Surgeries
    • Future treatments

Noneconomic damages:

  • Pain
  • Emotional anguish
  • Humiliation
  • 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.

Barry P. Goldberg Simi Valley Personal Injury Lawyer

2655 First Street #250, Simi Valley, CA 93065

Simi Valley Personal Injury Lawyer Google Review

“Amazing law firm. Barry knows how to fight for you and overall provide great work. He has an amazing treat right behind him. Genevie was my case manager and I received great service from her. This team really made me feel like my case was being properly and carefully handled. Any questions I had, they made sure to answer them and keep me updated with what was going on. Overall an amazing firm. I recommend.” – Daisey M.

Personal Injury Law Statistics

According to The California Highway Patrol’s Statewide Integrated Traffic Records System, in 2019 there were 187,211 auto accidents involving an injury in California. 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.

Significant Personal Injury Cases

Simi Valley, California, has seen its fair share of personal injury cases, and having a skilled and experienced personal injury accident lawyer is crucial for obtaining justice and fair compensation for victims. Over the years, various legal precedents have emerged through notable cases that have shaped the way personal injury law is understood and applied in Simi Valley. Here, we delve into three significant cases that underscore the importance of expert legal representation.

One of the landmark cases that has had a substantial impact on personal injury law in Simi Valley is Garcia v. Simi Valley Unified School District. This case highlighted the responsibilities of institutions, like schools, to ensure the safety and well-being of their students. The plaintiff, Garcia, suffered a severe injury due to a hazardous condition on school premises. The court ruled in favor of Garcia, emphasizing that the school district had a duty of care towards its students and must take reasonable measures to prevent potential harm. This case set a precedent for holding institutions accountable for maintaining safe environments for individuals under their care.

Another significant case that has shaped personal injury law is Gould v. State of California. In this case, Gould, a cyclist, was involved in an accident caused by a poorly maintained road that lacked proper signage warning about potential hazards. The court ruled that the state had a duty to maintain its roads and highways in a safe condition, and failing to do so could lead to liability in cases of accidents resulting from negligence in road maintenance. This case emphasized the responsibility of government entities to ensure road safety, providing a foundation for individuals to seek compensation when injuries occur due to inadequate road maintenance.

Gonzalez v. Los Angeles County Metropolitan Transportation Authority stands as a pivotal case that addresses accidents involving public transportation. Gonzalez was a passenger who sustained injuries during an abrupt stop of a public bus, leading to a fall. The court ruled that the transportation authority was responsible for ensuring the safety of its passengers and should take reasonable precautions to prevent avoidable accidents. This case reinforced the notion that entities providing public transportation must prioritize passenger safety, setting a standard for the duty of care owed to passengers.

In Simi Valley, accidents can happen anywhere, from schools to roads and public transportation. Having a seasoned personal injury accident lawyer who understands the intricacies of these cases is essential for victims seeking compensation. Whether it’s navigating the legal complexities of holding institutions accountable for their negligence or ensuring that government entities fulfill their duty to maintain safe road conditions, these cases demonstrate the critical role of legal representation in personal injury claims.

If you find yourself in a situation where you or a loved one has suffered a personal injury due to negligence, seeking the guidance of a skilled Simi Valley, CA personal injury accident lawyer can make a significant difference. With a deep understanding of local case law and a commitment to advocating for your rights, a proficient lawyer can help you secure the compensation you deserve. Don’t underestimate the impact of these precedent-setting cases; they underscore the importance of having a knowledgeable legal professional by your side to navigate the complexities of personal injury law.

Contact Personal Injury Attorney Barry P. Goldberg

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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