Frequently Asked Questions of the California Personal Injury Trial Attorneys Garrard & Davis, LLP
The following information includes frequently asked personal injury questions. The answers stated are general in nature and are not intended to apply to every personal injury situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting the Los Angeles personal injury law firm of Garrard & Davis, you can receive a free personal consultation regarding your specific legal claim.
What is Personal Injury?
Personal Injury involves civil law cases as opposed to criminal law cases which involve a defendant and the State of California. Personal injury is any physical or mental injury to a person that results from another person's negligence or harmful act. The following are some of the most common accidents resulting in personal injury:
- Auto Accidents (including multiple vehicle car wrecks)
- Other Vehicle Accidents (Aviation, Bicycle, Boat, Vessel, Cruiseship, Motorcycle,
Railroad, Truck)
- Burn Accidents
- Construction/On the job Accidents
- Dangerous or Defective Products
- Dog/Animal Bites
- Medical Malpractice (Birth Injuries, Misdiagnosis, Surgical Negligence)
- Nursing home abuse and Neglect
- Slip and Fall Accidents/Premises Liability
- Spinal Cord Injury
- Toxic Exposure
- Traumatic Brain Injury
If you have been injured in a car accident or other vehicle accident as a result of another person's negligent or deliberate actions, contact the Los Angeles, California personal injury lawyers of Garrard & Davis today, to discuss the litigation options available to you and protect your legal rights
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What financial compensation can I recover in a personal injury claim?
Personal injury accident victims are entitled to recover monetary damages for losses and expenses sustained as the result of an accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:
- Medical bills
- Property Damage
- Lost income, including overtime wages
- Pain & Suffering
- Emotional Trauma
- Physical Disability
- Disfigurement
- Mental Disability
For assistance with your claim, call the Los Angeles, California personal injury lawyers of Garrard & Davis who are ready to help you.
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Under what circumstances can a wrongful death occur?
Wrongful Death Law provides financial compensation to the family of a person whose death was caused by the negligent, willful or wrongful act of another. Wrongful death cases can result from a variety of situations, including:
- Automobile, bus, train, airplane or other common carrier fatality accident
- Medical malpractice resulting in a patient's death
- Neglect or abuse on the part of a nursing home that results in a patient's death
- Occupational exposure to hazardous conditions or substances (exposure to asbestos, etc.) resulting in death
- Death during a supervised activity (sports tournament, field trip, etc.)
The Los Angeles, California personal injury lawyers of Garrard & Davis are experienced in handling wrongful death cases and are prepared to offer you assistance and a free consultation. Call or fill out our contact form (linked) now.
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Who can file a wrongful death lawsuit?
When an individual dies as a result of the negligence or liability of another, a wrongful death claim may be appropriate. The deceased's surviving relatives, dependents, or beneficiaries may bring suit against those claimed to have been responsible, seeking monetary damages to compensate for the losses. Pecuniary (financial) injury is the main way damages in wrongful death cases are computed. Courts interpret "pecuniary injuries" as including the loss of support, services, lost prospect of inheritance and medical and funeral expenses. Punitive damages may also be awarded in cases of serious or malicious wrongdoing to punish the wrongdoer, and/or deter others from behaving similarly. If you are considering whether you should file a lawsuit after a wrongful death has occurred, call the Los Angeles, California personal injury lawyers of Garrard & Davis today for consultation and advice.
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What is medical malpractice?
Medical malpractice occurs when a professional health care provider (a doctor, nurse, dentist, technician, hospital, or hospital worker) is negligent by failing to perform his/her duties in compliance with a standard of practice of those with similar training and experience. Instances of malpractice might include cutting off the oxygen supply during surgery, misdiagnosing an injury or illness because routine tests and procedures were not followed, or prescribing an illegal drug or one not approved for the patient's condition. The Los Angeles, California personal injury lawyers of Garrard & Davis will advise you of your rights when you have been seriously injured or a death has occurred as the result of medical malpractice.
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How do I begin a medical malpractice lawsuit?
If you think that you have a valid medical malpractice lawsuit, you should seek an attorney that has experience with medical malpractice cases. The Los Angeles, California personal injury lawyers of Garrard & Davis are skilled and experienced in the medical malpractice area. We will provide a free initial consultation to determine whether your case is worthy of further investigation. Medical malpractice is an complicated area of law that raises many complex legal and medical issues. The California medical malpractice attorneys of Garrard & Davis have access and a working relationship with experienced experts who can determine not only whether the case is viable, but also how difficult the case will be to try before a jury should a lawsuit become necessary.
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What is Nursing Home Neglect?
The State of California has special laws enacted for the specific purpose of protecting the elderly population (over 65) and dependent adults. Elder, disabled and dependent adults depend on nursing homes to provide most if not all of their daily care, which includes food, water, medicine, toileting, grooming, social and physical stimulation, as well as regularly being turned in their beds. Signs of nursing home abuse and neglect include:
- Bed sores (pressure sores, decubitus ulcers)
- Burns
- Rapid weight loss
- Unexplained bruises
- Emotional withdrawal
- Malnutrition or dehydration
- Heavy sedation
- Inability of caretakers to explain patient's condition
Whether it is a single incident that causes injury or repeated neglect or abuse, the victim or his/her next of kin has a right to bring claims against the nursing home under the nursing home neglect laws. If the nursing home is found to be negligent or abusive, the victim and/or next of kin will generally be awarded monetary compensation and the nursing home could potentially lose its certification for failing to supply the expected care.
If you suspect that you or a loved one is or was subject to an abuse or neglect, it is important to report that abuse or neglect right away. The Los Angeles, California personal injury lawyers of Garrard & Davis have handled many cases involving the abuse or neglect of the elderly and dependent and provide a free consultation to any individual who believes that abuse or neglect may have been committed.
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What should I do if I've been injured in a slip & fall accident?
Most businesses and homeowners carry liability insurance to protect them in the event that someone is injured while on their property. The owner or possessor of a residence, land, or place of business has the duty to exercise reasonable care for the protection of those individuals who are invited to come upon the premises; i.e. individuals visiting for business or pleasure. In such cases, the owner, company, or person must inspect the premises to discover any dangerous conditions and warn the invitee of dangers upon said premises. Those injured by a negligent owner or possessor of a premises may recover damages for their injuries, including loss of income, medical expenses, pain and suffering, etc. The Los Angeles, California personal injury lawyers of Garrard & Davis are ready to provide you with strong representation in your slip and fall case.
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What can I do right now to protect my rights?
If you or someone you know in Los Angeles or Southern California Area, need the representation or legal advice of an experienced personal injury lawyer, contact the personal lawyers of the Los Angeles, California firm of Garrard & Davis at 310-394-9887, or complete the contact form provided on this site to begin your free initial consultation.
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