Palm Springs Personal Injury Lawyer

Palm Springs Personal Injury Attorney

A personal injury can happen for a number of reasons. However, no matter the cause, it can be a drastic change in your life and the lives of those around you. Personal injuries are typically caused by someone else’s negligence, meaning you may have grounds for a claim to seek compensation for your injuries and other damages. If you were injured due to another party’s actions or inaction, a Palm Springs personal injury lawyer can help.

What Is a Personal Injury?

Personal injury claims come into play when someone has been injured and another person or organization is responsible for the injury. These injuries can have a major impact on your life. They can cause physical pain and discomfort, emotional distress, and financial hardship. They can also limit your ability to perform everyday activities, work, and enjoy life.

Personal injury claims are the legal basis for you to receive financial compensation from the party that caused your injury. This compensation is known as damages, and it is intended to cover the costs associated with the injury, such as medical expenses, pain and suffering, and lost wages. Personal injury cases can be complex, especially when dealing with insurance companies.

If you have been injured, it is important to understand your rights and options. If you believe that your injury was preventable, you may have the right to file a personal injury claim with the help of a personal injury attorney.

Types of Personal Injuries

Personal injuries may be obvious or subtle, emotional or physical. Some heal quickly and cause no lasting effects. Others may affect your earning power, your mobility, and your lifestyle either temporarily or for the rest of your life. Some common types of personal injuries include:

• Traumatic brain injuries (TBI)
• Broken bones
• Fractures
• Spinal cord injuries
• Paralysis
• Cuts and bruises
• Sprains
• Burns
• Internal injuries
• PTSD
• Anxiety
• Depression
• Wrongful death

No matter how minor or severe they are, if your injuries impact your ability to work, move, or live your life, they should be taken seriously. Successful recovery requires an accurate medical diagnosis and an appropriate legal approach.

Causes of Personal Injuries

Personal injuries are typically caused by someone else’s negligence or failure to take basic safety precautions. Accidents can occur anywhere, such as on the road, at work, and even on private property. Some common causes of personal injuries include:

• Slip and falls
• Physical altercations
• Criminal activity, such as gunshot wounds
• Road accidents
• Workplace accidents
• Defective products
• Medical malpractice
• Dog bites or other animal attacks
• Unsafe premises

Understanding the cause of your injury is a significant step toward holding the responsible party accountable. When you hire a personal injury lawyer, they can help you investigate the facts and fight for the compensation you deserve.

Palm Springs Personal Injury Laws

California has strict time limits on how long you have to file a personal injury claim in civil court. In general, the law provides two years from the date of injury to make a claim. If you do not file within this two-year period, you can lose the ability to make a claim and seek compensation. Two years stands as the correct filing duration for personal injury claims in most instances. However, it is important to know that there are exceptions.

For instance, if the injured party is in some way unable to make legal decisions, either due to being a minor or mental incapacitation, the statute of limitations begins when they are able to do so. Additionally, if the person against whom the claim is being filed leaves the state, their time out of the state does not count toward the statute of limitations.

The rules are more rigid if the injury involves a government agency or public entity. First, an administrative claim must be filed within six months of the incident. If the claim is denied, a claim must be filed within the next six months.

There is also a discovery rule that may postpone the beginning of the filing period until the injury is reasonably discovered.

Personal Injury Statistics

While finding specific personal injury statistics can be difficult, considering the wide range of ways they occur, it’s clear that preventable injuries are much more common than they should be.

The California Department of Public Health EpiCenter reported 11,148 unintentional injury deaths due to poisoning in 2023. There were 4,617 due to motor vehicle traffic and 3,007 due to falls.

The U.S. Bureau of Labor Statistics reports on workplace injuries. In 2023, they found that 363,900 nonfatal workplace injuries occurred in California for private industry employers, with 236,700 being severe.

Damages You May Receive in a Personal Injury Case

​When a victim has been hurt by another party’s negligence, damages encompass the entirety of the losses the victim suffered and the money they may recover. The vast majority of damages in a personal injury case are compensatory, even though punitive damages may be an option in the most serious cases.

The settlement usually begins with economic damages. These are damages that are easy to calculate because they typically stem from a bill, cost, or recordable monetary value, such as medical bills, lost wages, and other invoices, such as property damage done to a car.

Non-economic damages, such as physical pain or emotional trauma, are more subjective. Special damages can be multiplied by a specific amount depending on how severe the injury is. They may also be calculated through a per‑diem system, which accounts for each day of suffering. Pain and suffering often comprise the bulk of a claim’s value, particularly when serious injuries or lengthy recoveries are involved.

Courts may order punitive damages to hold defendants who act with reckless or intentional misconduct accountable. Punitive damages are awarded in addition to compensatory damages, and they require clear and convincing evidence of outrageous conduct. The awarded damages will vary according to the injury severity, quality of supporting evidence, and how clearly liability is established.

What to Do After a Personal Injury

From the moment an injury occurs, how you act can have a significant impact on the success of a future claim. Seek prompt medical treatment, even if you feel you are not badly injured. See a doctor for your health and for medical records. Also, write down the details of how the injury happened as soon as you can.

Throughout your recovery, document your symptoms and treatments in a journal that notes your emotional struggles and daily life limitations. Photos of the accident, the property damage, your injuries, and the names and numbers of witnesses can also be helpful in a claim.

After a vehicle accident, exchange insurance details and contact information with everyone involved. Do not apologize for anything at the scene or admit fault or liability. Stay organized and keep all medical and financial records, as well as receipts related to your injury. Respond quickly to any requests or inquiries, but speak with a lawyer before speaking to insurers. Hire a personal injury lawyer right away to assist in the legal process.

How to File a Personal Injury Claim

The first step in filing a personal injury claim is often to file a notice of claim with the applicable insurance company. When a car accident is involved, this will be either a first-party claim (filed with your own insurer) or a third-party claim (against the at-fault driver’s insurance coverage). This can often be done over the internet or by phone. It’s also a good idea to follow up with a written notice, sent by certified mail, to create a reliable paper trail.

In your initial claim filing, limit yourself to the facts. You can provide more detailed information about your injuries and treatment when you are ready to send a formal demand letter. The demand letter needs to specify your injury damages, which include medical costs as well as income loss and non-monetary harm, including pain and suffering.

In general, support your statements with documents, and be courteous and professional in your communications.

The Timeline of the Claims Process

While each case is unique and depends on the specifics of the individual case, many cases can follow a generally predictable timeline, with many of them settling out of court. A typical timeline looks like the following:

• Initial report
• Filing a claim
• Investigation
• Gathering evidence
• Sending the demand letter
• Negotiations with the insurance company
• Filing a legal claim, if necessary
• Discovery
• Settlement
• Final verdict

Legal resolutions can be reached at many different stages, including prior to the initiation of formal legal proceedings. Simple cases may be resolved quickly, while disputes over liability or complex injuries may last much longer with filing, discovery, and resolution.

When litigation becomes necessary, you and your attorney will start by filing a court complaint that names the responsible party as the defendant, who is typically the insured party whose policy will pay, while the insurer responds through legal representation. A response may present formal defenses like comparative negligence or statute of limitations issues.

Negotiation may continue throughout the process, often even after a claim has started. Most insurers would rather settle than face the unpredictability and expense of a trial.

About Gonzales Law Offices

Personal injury law is not just our practice; it’s our passion. At Gonzales Law Offices, our entire law practice is dedicated to helping injury victims recover the maximum compensation they deserve.

Our skilled team has rebuilt lives throughout Southern California for over ten years. We have a widespread presence in the Inland Empire and have spent countless hours litigating cases in local courts, including the Larson Justice Center in Indio. We have successfully resolved thousands of cases involving severe injuries, ranging from wrongful death to spinal damage, and we never accept a settlement that falls short of what our clients are rightfully entitled to.

We distinguish ourselves by putting our clients first, establishing personal connections, staying in close contact, and handling each case as though it were our own. You are more than a file number in Palm Springs. You are a partner at Gonzales Law Offices, and we defend you as if you were family.

FAQs

Q: What Should I Not Say to a Personal Injury Lawyer?

A: When speaking with an injury lawyer, you should not say anything that is untrue. This can hinder your case. Avoid making assumptions about fault, minimizing your injuries, or exaggerating the facts. Stick with sharing factual claims and allow your attorney to do their work. Withholding information or providing less than truthful information can hinder your attorney’s work and hurt your case.

Q: How Much Do Most Personal Injury Lawyers Charge?

A: Most personal injury lawyers charge clients on a contingency basis. This means that they do not charge upfront fees, but their fee will be a percentage of your earnings. They do not get paid unless you win. Be sure to speak with your attorney beforehand so that you know exactly what their pay structure is and how payments are made.

Q: What Is the Average Personal Injury Settlement in California?

A: Every personal injury settlement in Palm Springs, California is different because there are many factors that contribute to the outcome. First, each person’s unique circumstances and financial burden following an injury are different. Minor injuries typically result in smaller settlements, while serious or life-altering injuries may result in significantly higher compensation due to larger bills, medical needs, and more pain and suffering.

Q: How Hard Is It to Win a Personal Injury Claim?

A: Winning a personal injury claim can be difficult, especially without a lawyer. The outcome of your case is contingent on many factors. To win a claim, it’s necessary to prove that the negligence of another party caused your injuries and that your damages are real and substantial. With the right evidence and experienced legal representation, most cases are resolved favorably, typically through a settlement. However, if the case is complex or disputed, a more aggressive litigation approach may be required.

Hire a Personal Injury Lawyer Today

If you have been injured due to the negligence of another party, you do not have to handle the aftermath by yourself. Help is available to you. Contact Gonzales Law Offices today to get started and hold the responsible party accountable.