Frequently Asked Questions on Personal Injury
Los Angeles County accident lawyer dedicated to addressing your concerns
Our skilled personal injury attorney at National Choice Lawyers in Los Angeles looks forward to helping you with your accident claim. Below are some questions with answers that clients commonly ask.
- Is there a medical test that will show whether I’ve been exposed to asbestos?
- How can I identify materials that contain asbestos?
- What is the difference between a birth defect and a birth injury?
- Will a lawsuit always be successful if a baby is harmed through a birth injury?
- What is medical malpractice?
- Does someone who is not satisfied with the results of his or her surgery have a malpractice case?
- How does a jury determine if a doctor’s actions were negligent?
- What options are available to someone who has been injured by a product?
- What does the term ‘product liability’ mean?
- Why is a traffic accident involving a commercial truck more likely to cause injury than one involving passenger cars?
- If I don’t feel injured after an auto accident, do I have to see a doctor?
- What if I believe the auto accident I was in was at least partly my fault?
- Can I bring a wrongful death action if the deceased never held a job?
- Can someone sue for pain and suffering for a decedent?
- Does workers compensation only cover injuries or does it also cover long-term problems and illnesses?
- Do I have to be injured at my place of work to be covered by workers compensation?
- Have there been any lawsuits over toxic mold?
- Can someone receive compensation from a store where he or she was injured in a slip and fall accident?
Contact skilled and experienced personal injury attorneys in Los Angeles
At National Choice Lawyers, we strive to resolve your personal injury claim accurately, but if settlement is not in your best interest, we can represent you zealously and successfully represent you in court. Call us for a free initial consultation at 877-375-8424 or contact us online.
Chest x-rays cannot show asbestos fibers, but can detect early signs of certain lung diseases. Other tests, such as lung function tests and high-resolution CT scans, can also detect changes in the lungs caused by asbestos. These changes usually are not detectable until years after exposure. If you were exposed to asbestos or to a chemical, you may have a claim for a toxic tort.
Without proper labeling, it is difficult to determine whether it contains asbestos simply by looking at it. If you have any doubts about the material, you should treat it as if it contains asbestos, or have it sampled and analyzed by a qualified professional. A professional should take samples for analysis, because there may be an increased health risk if fibers are released.
Birth injuries are generally caused by something that went wrong during child delivery itself, while birth defects usually involve harm to a baby that arose prior to birth, due to something that happened during or before the pregnancy.
No. Some birth defects (or injuries) are unavoidable. The key question is whether medical providers and/or a pharmaceutical company failed to give you or your baby adequate medical care or medication advice during pregnancy and/or delivery.
Medical malpractice is negligence committed by a professional health care provider — a doctor, nurse, dentist, technician, hospital or hospital worker — whose performance of duties departs from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients. The profession itself sets the standard for malpractice by its own custom and practice.
In general, there are no guarantees of medical results, and unexpected or unsuccessful results do not necessarily mean negligence occurred. To succeed in a medical malpractice case, a plaintiff has to show an injury or damages that resulted from the doctor’s deviation from the standard of care applicable to the procedure.
A jury will consider the testimony of experts, usually other doctors, who will testify whether they believe your physician’s actions followed standard medical practices, or fell below the accepted standard of care.
A person injured by a defective or dangerous product may be able to bring an action for product liability and recover damages under one of the following theories: (1) strict product liability, (2) negligence, or (3) breach of warranty.
Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain. Potentially liable parties include the manufacturer; a manufacturer of component parts; the wholesaler, and the retail store that sold to the end consumer.
A typical fully loaded large commercial truck can weigh 80,000 pounds or more, while an average passenger automobile weighs approximately 3,000 pounds. Due to this size disparity, and the basic laws of physics, any collision between a commercial truck and another vehicle is likely to result in serious, even fatal, injuries.
Both you and your passengers should consider seeing a doctor after an auto accident. The doctor may recognize injuries, sometimes serious, that are not apparent to you. Insurance may cover charges for a doctor visit and medical treatment. Do not settle your claims from an accident until a doctor has seen you and advised you about the extent of your injuries. Of course, you should always speak to an experienced accident lawyer first.
You are probably not in the best position to assess how or why the accident happened. Defective equipment in your vehicle, a malfunctioning traffic signal, or another driver’s intoxication are among many possible causes of an accident, which your personal injury attorney can investigate and evaluate. Accepting blame and apologizing to another driver may be used as evidence against you at trial. Leave it to a judge or jury to decide who is at fault.
Yes, even if the decedent never held a job, he or she may have contributed in some other way to the family. A good example of such a case is an action for the wrongful death of a stay-at-home husband or wife who contributes services, guidance and nurturing of the family. These contributions are quantifiable as pecuniary losses in a wrongful death action.
Yes, in addition to the wrongful death, a decedent’s family may recover damages for the pain and suffering that the decedent endured prior to death.
Your injury need not be caused by an accident — such as a fall from a ladder — to be covered by workers compensation. Many workers receive compensation for injuries that are caused by overuse or misuse over a long period of time — for example, repetitive stress injuries such as carpal tunnel syndrome or back problems. You may also be compensated for some illnesses and diseases that are the gradual result of work conditions — for example, heart conditions, lung disease, and stress-related digestive problems.
No. As long as your injury is job-related, it’s covered. For example, you will be covered if you are injured while traveling on business, doing a work-related errand, or even attending a required business-related social function.
Many homeowners who experience significant damage to their homes or health problems have received large jury verdicts and settlements, many in the million-dollar range. For example, in Delaware a landlord was held liable for more than a million dollars because he negligently did not fix water leaks in the apartment, which resulted in the growth of toxic mold and health problems for tenants. In California, a contractor’s poor construction caused water leaks that contributed to the growth of mold, causing serious health problems for the homeowners. The verdict was more than a million dollars.
The specific facts of each case will determine whether an injured party can recover damages from a store for a slip and fall accident. Stores have a duty to keep their floors reasonably safe for customers, and employees should routinely inspect areas the public might access, to discover any potentially dangerous conditions. If a slippery substance on the floor causes a fall, and a plaintiff can show that the substance had been there for a relatively long period of time, or that the store otherwise had notice of it, he or she may be able to recover damages.