About Los Angeles Accident Center

Los Angeles Accident Center was created to provide useful information for anyone who has been injured in an accident due to someone else’s negligence in Los Angeles and throughout the state of California. Author and attorney Sherwin Arzani and his team have over 17 years of personal injury experience. If you have been injured in accident, you will find useful information to assist you during this difficult time.

Will My Personal Injury Case Go to Trial?

by Sherwin Arzani on September 18, 2019

Being involved in a personal injury lawsuit can be stressful. A case can take months or even years to resolve, particularly if the matter goes all the way to trial.

The good news is that only about 4-5% of personal injury lawsuits ever reach a verdict. The flipside to this is that 95-96% of these cases settle, meaning that the plaintiff accepts a sum of money in exchange for dropping the lawsuit.

How Settlements Happen

In basic terms, a personal injury settlement is an agreement between the defendant (or insurance adjuster) and the plaintiff. This agreement may occur before the lawsuit is filed or after the commencement of a trial. A settlement can happen at any point prior to a verdict being issued by the court.

If a settlement is reached, the plaintiff forfeits all potential claims against the defendant. This means that the plaintiff is barred from bringing any additional cases against the defendant for the particular injury.

Timeline for Trial

The trial process can be very slow. Court statistics in California indicate that cases can take between 12 and 24 months to complete. One of the reasons for this delay is due to what is known as the discovery phase of litigation. During this stage, both parties to the lawsuit participate in out of court interviews made under oath (known as depositions). These alone can take 6 months or more to complete.

Note that the attorneys for each party to a personal injury lawsuit will want to be thorough in preparing their case for trial. This requires an in-depth investigation of the accident and the witnesses involved. The lawyers will also try to locate all of the evidence in the case and will need time to get ready to present this evidence at trial.

Further, not all cases end when a verdict is issued by the court. The losing party generally has the right to appeal, which adds more time and uncertainty, as well as legal fees.

Risks of Going to Trial

Going to trial in a personal injury case is a lot like gambling. The plaintiff could walk away with nothing, which means that they would then be fully responsible for paying their medical bills, covering lost income, and footing the bill for any additional expenses incurred. It is important to note that plaintiffs lose 90% of personal injury cases that end up going to trial.

At the same time, there may be a huge risk in going to trial for the defendant as well. If the plaintiff wins, the defendant could be ordered to pay a lot more than the parties would have agreed to in settlement negotiations.

Keep in mind that while attorneys can give you an estimate as to what you might win at trial, these amounts are never guaranteed. With a settlement agreement, you can negotiate terms where both parties give up something in exchange for reducing the risks associated with going to court. In many cases, this can be viewed as a win-win for both sides.

Other Downsides of Going to Trial

While plaintiffs attorneys often take personal injury cases on contingency (meaning they front the costs and fees in exchange for a portion of the damage award), defendants typically pay their attorneys by the hour. This means that a defendant can avoid higher legal costs if they are willing to settle early. It is important to note that there are generally more costs to defending a lawsuit than just attorney fees. Typical additional costs include filing fees, expert witness fees, and other administrative fees.

Further, settling early can avoid potentially negative publicity about the incident. This is because settlement agreements are typically confidential, while court cases are in the public record and can be viewed by anyone.

If Settlement Attempts Fail

Sometimes even the best attempts at reaching an agreement in a personal injury lawsuit fail. This might be the case if the defendant refuses to admit any fault or one side will not budge on its position regarding damages.

In fact, the filing of a complaint in a lawsuit is often an indication to the defendant’s attorney that the plaintiff is serious about moving forward with the case. This act may encourage the parties to come together and be more willing to settle.

But, if settlement still cannot be reached, the case will go to trial. For this reason, it is important to have an attorney involved in the case to help propose and negotiation settlements at all pre-trial and trial stages of your case.

What Should I Do After a Slip and Fall Accident?

by Sherwin Arzani on August 19, 2019

It can happen anywhere, at any time: you’re walking along at a grocery store or even a friend’s backyard barbecue and suddenly you slip and fall. If you are hurt and may need to file a lawsuit later, there are a few immediate steps you can take that can make all the difference in the future.

Steps You Should Take After A Slip And Fall

Here’s what you should do if you’re injured in a Los Angeles slip and fall accident.

Seek Medical Attention

If you’ve been injured in a slip and fall, you should immediately seek medical attention. Not only is treating your injury important for your health, but getting help quickly can help your personal injury lawsuit. Before you can recover compensation, you first have to prove that you were injured. A doctor’s medical report is a good way to achieve that.

Collect Evidence

Second, it’s important to collect as much evidence as you can immediately after the accident. Take a look around you and see if there is any obvious reason for your fall. Examples include slippery pavement or an object you tripped over. If such conditions exist, take photographs or video of the area and also identify any witnesses who would be able to testify about your fall.

File a Report

Third, if your injury occurred at a business, file an official report with the company. You should also request contact information for the owner, manager, or other important person in charge of the property. If it is a private property, make sure the owner is aware that you are injured.

Consult a Personal Injury Attorney Near You

Finally, if you’ve experienced a slip and fall accident you should consult with an experienced premises liability lawyer as soon as possible. California’s statute of limitations for a slip and fall is generally two years. With the help of the medical report and evidence you’ve collected, your attorney can start the process to filing a lawsuit against the owner of the pool, usually without any money paid upfront.

Who Is Responsible For My Slip And Fall Accident?

Both private property owners and business have the legal obligation to ensure that individuals on their property are safe. Failure to do so can result in the owner being held liable for the victim’s injuries.

To be successful in your premises liability claim, you need to be able to prove that the owner of the premises owed you a duty of care, that the conditions of the premises were unreasonably dangerous, that you were injured, and that the owner’s negligence was at least partly at fault for your injuries.

Additionally, there are a few key legal terms that will help determine who is liable for your slip and fall.

First, the court will have to determine what your status as a user was at the time of the accident. User status can be broken into three groups: invitee, licensee, and trespasser.

Generally, invitees are individuals who are either directly or indirectly invited onto the premises by the owner typically for business purposes. If you were an invitee at the time of the accident, you are owed the highest duty of care. This means that the owner has the duty to reasonably inspect the premises to ensure it is safe.

An injured invitee can hold a business owner liable for slip and falls involving conditions that the owner wasn’t even aware of. For example, they failed to reasonably inspect the premises and are therefore liable for any injuries that occur.

Licensees, on the other hand, are individuals who are present on the premises for social purposes. Licensees are usually friends, relatives, and other guests of private property. Owners who invite licensees onto their premises have a duty to repair or warn guests of dangerous conditions, but not a duty to inspect for danger.

Lastly, trespassers are individuals who are on the premises without the consent of the owner. Generally, an owner has no duty to make their premises reasonably safe for trespassers. The exception is if the trespasser is a child or the danger constitutes an attractive nuisance.

Can I Sue the City of Los Angeles for Tripping on Uneven Sidewalks?

by Sherwin Arzani on August 9, 2019

Imagine that it’s a typical day and you’re enjoying a walk on the sidewalks of Los Angeles. All of a sudden, you trip over a patch of uneven pavement and slam your knee on the concrete. The amount of pain you experience tells you that the injury is serious and you call 911 for help.

Fast forward six weeks and your life has completely changed. You are unable to return to work or perform daily tasks for yourself while the medical bills for your treatment pile up because you are unable to pay them. Out of money and in need of even more medical treatment, you consider contacting a personal injury lawyer to sue the city for your injuries.

If you’ve been injured on a city sidewalk, it seems fair that you would be able to sue the city for compensation, right?

Unfortunately, it isn’t always easy to sue the government for sidewalk injuries, and Los Angeles can be particularly difficult. However, depending on the circumstances of your case, a personal injury lawyer may be able to help you recover the compensation you need to get your life back.

The City’s Battle Over Sidewalk Repair

According to the Bureau of Street Statistics, only 60% of Los Angeles’ sidewalks are currently in good condition. Los Angeles’ sidewalks are so notoriously bad that the city was sued for $1.3 billion under the Americans with Disabilities Act because the poor condition of the sidewalks prevented individuals protected under the Act to use them.

In response to the lawsuit, the city of Los Angeles created the Safe Sidewalks LA program which, among other things, reimburses property owners for half of the cost of sidewalk repair, up to $10,000.

The real struggle is between the property owner that the sidewalk fronts and the city: each claims that the other is at fault for the damaged pavement and insists that the other pay for repairs.

Who is Responsible For Sidewalk Accident Injuries?

It’s not always clear who is liable for the sidewalk accident-related injuries: is it the fault of the property owner or the city? The answer is extremely complicated and varies greatly depending on the unique circumstances of your slip and fall accident.

Under state law, property owners are responsible for maintaining the sidewalks in front of their property in a safe and usable manner. Generally, if the property owner failed to make repairs or contributed to the unsafe conditions in some manner (like spilling a slippery substance on the pavement) then they will be held liable.

On the other hand, to win a case against the city, you must show that the city had notice of the poor condition of the sidewalk and failed to repair it. It is often difficult to prove that the city has been given proper notice of the sidewalk needing repairs and, without notice, the city can’t be held liable for failing to repair it.

It’s also important to note that California is a comparative negligence state. This means that the defendant (either the city, the property owner, or both) is only liable for a percentage of the injury, equal to their fault in causing it.

Also, accident victims only have a very limited amount of time to file a lawsuit: when suing a city, the potential plaintiff only has 6 months from the date of the accident to file.

How Much Compensation Will I Get If I Sue For My Injuries?

Just like any other personal injury lawsuit, there are a number of different types of compensation for which you may be eligible. This compensation includes, but isn’t limited to:

Compensation for your past and future medical expenses
Loss of wages and loss of future earning capacity
Money designed to compensate you for the impact the injury had on your life, such as loss of enjoyment of activities
Loss of consortium
Pain and suffering
Other damages determined by the court

Again, because California is a comparative negligence state, the amount of compensation you receive also depends on the percentage of liability you had in the accident.

Act Quickly If You’ve Gotten Hurt on a Los Angeles Sidewalk

If you’ve been injured in a sidewalk accident in Los Angeles, it’s imperative that you act within the six-month statute of limitations. An experienced personal injury lawyer can help you recover compensation from the city, the property owner, or both.

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