Los Angeles Personal Injury Attorneys: A Guide

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Personal injuries could happen due to a vehicle or railroad accident, slip and fall, dog bite, medical malpractice and so on. Fundamentally it means an injury caused to a person through the action or negligence of another person. The damages resulting from such injury, not just the physical part but also the mental and emotional agony, are quantified in money terms and claimed, usually from the insurance company.

In many personal injury cases a specialist attorney is required because of the formalities and complexities that might be involved. Hundreds of honest, competent and hardworking attorneys dedicated to obtaining due compensation for their clients either through a settlement or a court verdict practice in Los Angeles.

How do you find one? Remember that in this segment of law itself, there is further specialization. Some attorneys practice only accident cases. Dog bites may be the chosen area for another group. To locate the pertinent lawyer you could turn to the telephone directory or to the Internet. Alternatively, you could approach the Los Angeles County Bar Association. One possible problem with this channel is that the list they provide may not be screened. You could also ask friends or any lawyer known to you.

You should also shop around. Study the track records. Talk with the attorneys. Some lawyers do not charge for the initial discussion. Ask for a quote. Here you might come across attorneys who refuse to comply before the case details are given to them. This is actually a good sign because the lawyer is being practical; he wants to ascertain how much work is involved. You may also come across lawyers who refuse to take the brief either because the recovery is likely to be too low, or the case lacks clarity.

How does a lawyer charge you? His remuneration might cover two parts - fees for the services, and expenses. The different systems of payment are contingent fee, retainer, hourly charges, and fixed rate. A contingent fee is the ideal one for personal injury cases because the attorney takes a cut from the compensation you get. However, his expenses may still have to be paid even if the claim is rejected. Some lawyers accept payment by credit card.

Don't be afraid to ask questions. Clarify all points before hiring a lawyer.

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Stages of a Personal Injury Lawsuit

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When most people hear the word 'lawsuit,' they imagine a trial in a packed courtroom, with eloquent lawyers haranguing the jury with speeches composed of complicated legal jargon - a scene straight out of prime time television. In reality, a lawsuit is not so much an event as it is a process - a series of steps and exchanges moving slowly toward a resolution, which may not take place in a courtroom at all.

Most personal injury lawsuits can be broken down into five parts or sections: pleading, discovery, trial, appeal, and enforcement.

Stage 1: Pleading

The initial stage of a lawsuit, known as pleading, consists of both sides establishing their general arguments. During this stage, the defendant will be served with notice of the pending lawsuit, and will have a limited window of time, depending on the jurisdiction, to respond. This response can take several forms; the defendant can admit to the charges, deny the charges, or claim insufficient information for a response.

Stage 2: Discovery

Next, both parties enter the discovery phase, during which evidence and statements are exchanged between plaintiff and defendant as they build their individual cases. At this time, attorneys for each side will often engage in legal wrangling to determine the admissibility of evidence, the appropriateness of certain testimony, and the composition of the jury. Many lawsuits are settled out of court during this stage, as both parties take stock of the situation and weigh their alternatives.

Stage 3: Trial

If no resolution is reached during previous stages, the matter moves to trial. Both sides will have a chance to present their cases before a judge and/or jury, using witness testimony and evidence to prove their arguments. If no settlement is reached by the end of the trial phase, a judgment or verdict is rendered by the jury or judge.

Stage 4: Appeal

If a defendant is unhappy with the result of the trial, he or she can choose to appeal the case to a higher court. The appellate court will review the procedures taken by the trial court and determine if any errors were made which may have unduly influenced the outcome of the case, and decide whether to uphold the decision, reverse it, or remand the case back to the original court.

Stage 5: Enforcement

If, after all appeals are concluded, the plaintiff's verdict stands, the defendant will be legally compelled to follow the terms of the judgment, which usually involves paying some sort of financial penalty to the plaintiff.

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