It’s common for everyday activities to turn into accidents. Whether you’re at work, walking down the street, or in a store, there’s a potential for injury. Sometimes, the accident is a result of another individual’s negligence. The outcome could be a personal injury claim.
If you want a successful claim, then you could benefit from a personal injury lawyer in Fresno. Here at the Grossman Law Offices, we know what we need to do to achieve success. For years, we’ve dedicated ourselves to working with clients who want compensation for accidents. And for years, our firm has been seeking justice for our clients.
What is Personal Injury?
A personal injury lawsuit or insurance claim is based on an injury that occurs because another party acts negligently, maliciously, or recklessly. For instance, a drunk driver hitting a pedestrian is an example of personal injury. By drinking and driving, the driver acted in a reckless manner and endangered everyone around them. In the eyes of the law, they are responsible for the accident.
Personal injury cases apply to any situation where it can be determined that the defendant acted irresponsibly, their decision to act irresponsibly caused injuries, and these injuries have measurage damages associated with them.
When a personal injury occurs, the injured individual has the right to seek compensation through a personal injury lawsuit. The amount of money that they seek and are entitled to will vary from case to case and is best determined with the help of an experienced personal injury attorney.
Contact us now to learn about how we can help you with your specific case. Our experience working with Fresno personal injury victims will be an enormous help for you while you are navigating this complicated and stressful period in your life.
Common Personal Injuries
As you can imagine, there are many different ways where someone can suffer from injuries that will qualify for a personal injury lawsuit. However, some situations are exceedingly rare, while others are more common. Whether your case is common or not, we will be happy to work with you to seek the justice and money that you deserve.
The following are some of the more common personal injury cases that we handle:
1. Dog Bites
In Fresno, dog bites are on the rise. Some dog owners are irresponsible and don’t maintain control of their animals. When this occurs, the result could be a serious injury.
If you or your family member is a victim of a dog bite, you deserve justice. You don’t need to experience the pain and suffering without compensation. By filing a civil lawsuit, you can hold the dog owner responsible. Here at the Grossman Law Offices, we take dog bites very seriously. We strive to get you the money you deserve.
Section 3342 of the California Civil Code states that if an individual is in a public place and they are bitten by a dog, the owner of the dog is liable. The owner is also responsible for the attack if the victim is in a private place where they had the right to be. It does not make a difference if the dog is considered vicious.
A person may not sue for a dog bite if they were bitten by a police dog or MP dog who bit them in the line of duty. However, if you were a bystander who was bitten by a dog, you may sue, even if that dog was working with a police officer at the time.
In the year 2018, there were many instances of dog bites in the state of California. Los Angeles had the highest numbers of dog bite incidents, with pit bulls leading the way as the breed witj tje highest bite record.
2. Construction Accidents
Fresno is home to about 3,155 blue collar workers. Many of those workers are in the construction trade. Unfortunately, many of those workers also work in unsafe conditions.
As a construction worker, your employers are responsible for your safety. They need to do everything in their power to prevent you from experiencing an injury. This means not cutting corners, warning you of hazards, and providing proper training. If your employer fails you, then you could be a victim of personal injury.
Our lawyers know the severity of a construction site injury. In addition to dealing with the injury, you might need to cope with the loss of your career. When we take on your case, we seek compensation for all of your damages. This includes any missed wages or lost future potential earnings. With our help, you can secure your future.
3. Car Accidents
In 2017, there were 93 vehicles in fatal accidents in Fresno, and many more non-fatal accidents. Whether or not an accident involves a fatality, it can be devastating.
The injuries that can occur in a car accident include everything from neck pain to traumatic brain injury. In fact, it’s possible that the accident can affect you for the rest of your life. Personal injury lawsuits are intended to alleviate some of the financial burdens that come along with a serious injury that you sustain because of someone else’s actions on the road that led to an accident.
In some cases, determining fault can be the first issue we will need to overcome before proceeding with your case. In these cases, we will work to gather eyewitness testimonies, possible surveillance videos, police reports, accident reports, and anything else that will help to paint the full picture of the situation. In some cases, the person who caused the accident may be arrested for DUI or vehicular assault, which will add to our case.
If you are dealing with your own insurance company, we will still be able to help you work with them in order to reach a fair agreement regardless of your policy limits or other issues that may seem like you will be unable to be treated fairly given the circumstances. Your experience and current issues will be important to discuss during your free initial consultation.
There are several different kinds of automobile accidents in which one may be injured, and the law may be slightly different in regards to them each.
If you are injured in a motorcycle accident, there is a good chance that your medical bills will be higher than if you were in a car. Motorcycle deaths are 28 percent more frequent than deaths in other types of car accidents. If you have been injured in a bike accident or you have lost a loved one to a motorcycle accident, an at fault driver’s insurance company may question your decision to ride such a dangerous vehicle, and may want to know what kind of safety precautions you took before your ride.
If you are injured in a bus accident, remember to let the driver know you were injured, get the driver’s name and number and the number of the bus. Be sure to take pictures if you can. Your attorney will be able to help you sue the bus company and file a claim with their insurance company.
Although it has gotten better in recent years, California is not the best place to be a pedestrian. Even if you are not driving a car, remember that the rules of the road still apply to you. If you jaywalk or walk on a road where foot traffic is prohibited, an insurance company may deny your claim.
With its many vineyards and its thriving raisin industry, there are many trucks driving around Fresno and that means there is the potential for many truck accidents. If you are hit by a truck, you certainly want to contact the trucking company’s insurance provider. You also want to make sure that the driver met all the state requirements for driving a truck at the time of the accident. If they did not, you may be entitled to greater compensation.
4. Medical Malpractice
Medical malpractice cases stem from situations where medical professionals fail to keep their patients safe within reasonable care of duty. This care of duty is what gives patients peace of mind when they visit a medical professional, and this failure can cause serious issues.
Some examples of medical malpractice are complications that can arise from prescribing errors, failures to diagnose or misdiagnoses of serious issues, or surgical errors. In some cases, patients go in for a procedure and there is a paperwork error that results in a person receiving the wrong procedure altogether. Community Regional Medical Center in Fresno has had over 37,279 discharges, but some of those didn’t have favorable outcomes.
Dealing with a medical malpractice case can be complicated, and even determining whether or not you are a victim of medical malpractice can be overwhelming. A personal injury attorney in Fresno can give you the assistance you need.per
5. Workers’ Compensation Cases
Your employer is responsible for your safety, even if you are not a full-time regular employee. If you are injured while working, your employer is expected to pay for your medical bills. Workers’ compensation claims are not always straightforward. If a worker is injured while on a break or doing something outside the scope of their job, the employer might try to deny their claim. However, if an attorney does the appropriate research and makes a sound argument for a company’s liability, the award can be significant. Here are a few examples of successful workers’ comp claims:
A home-based worker tripped over her dog while she was on her way to the garage to get supplies that she needed for work. Because the accident took place in her Oregon home, the state’s workers’ compensation board denied her claim. The worker and her lawyers appealed the case. The appellate court ruled in her favor, saying that although the accident may have happened in her home, her employer had chosen to let her work from home. This meant that her home was her legal work environment and the company is responsible for her injury.
In 2009 a male worker broke his leg when he shook a vending machine in the company break room. He was attempting to retrieve chips for a female coworker. The vending machine fell on the man who fractured his hip. The man was eventually awarded compensation for his injuries. Although he was not performing work, he was injured when he came to the aid of a co-worker, and that is covered by “The Samaritan Doctrine” in workers comp law. The doctrine states that a company is responsible for a workers’ injuries even if the worker left his work station and their normal duties if their doing so was “reasonably foreseeable.” The court decided that the vending machine had failed to dispense chips many times, and an employee shaking the machine to liberate snack foods was foreseeable.
A construction worker was awarded compensation for a broken leg that he sustained while trying to jump a trench when he was chasing a coworker. In spite of an initial denial by the state’s labor board, the Supreme Court decided to award the injured worker money. The incident occurred during a long lull in working activities. Some of the workers had gone to sit in an air-conditioned truck. One worker tricked the plaintiff into giving up his seat in the truck. When the plaintiff found out he had been tricked, he began to chase the man who had lied to him and subsequently jumped and broke his leg. The court decided that the injury happened during the course of the workday rendering the company liable.
6. Train Accidents
Because of the size of a train and the high impact it has in a crash, there is a strong potential for injury and death in a train accident. California has been the scene of many a preventable train death. Train accidents are almost always caused by human error in one way or another. If you have been injured or lost a loved one in a train accident, you will certainly be offered compensation for your loss or injuries. However, it is a good idea to talk to an attorney before deciding whether or not to accept the offer.
7. Slip and Fall Accidents and Premise Liability
If you have taken a spill in an office building or in a store, the owner of the business might be liable for your injuries. If there was freestanding water or obstacles on the floor that were not immediately obvious, you will want to talk to the business’ manager and get the company’s insurance information.
8. Defective Products
A defective product lawsuit is a type of personal injury lawsuit, but it can be more complex than other personal injury cases. Before knowing who to file a claim against, you must determine what caused the problem. The manufacturing may have been defective, there may be a fundamental flaw in the products design or there could be a flaw with the marketing design of the product. You never want to file a defective product lawsuit without consulting with an attorney. If other people have had similar experiences, you may have reason to file a class action lawsuit.
If you have lost a loved one in an accident that was someone else’s fault, you may be entitled to compensation for wrongful death. Families and domestic partners may file a wrongful death lawsuit in the state of California. If there are no family members or domestic partners than a suit may be brought by anyone who would be entitled to the decedent’s property.
Filing a Personal Injury Claim in Fresno
It is important that you are aware of the statute of limitations that California has for personal injury lawsuits. Generally, this statute requires that a victim files a personal injury lawsuit within two years of the accident that caused their injuries. However, there are some situations where a person may not immediately realize that there is a problem; in this case, the victim has one year from the date that the injury was discovered to file a claim and begin the process.
Depending on the type of accident you were involved in, you may begin the process by dealing directly with an insurance company to discuss a payment amount. The insurance company will make you an offer to settle your case, but this amount is never even close to the amount you rightfully deserve. An insurance company works to limit the amount that they pay so that they can protect their client while additionally protecting their bottom line. When they make this offer, we use it as an opportunity to begin negotiations. If we are unable to reach an agreement, we will then decide to move into the California court system to seek the full amount you are owed.
In cases where there is no insurance company representing the party that caused your injury, we will determine the most appropriate way to begin the process to maximize your chances of success.
Determining Compensation For Personal Injury Cases in Fresno
The amount that a person is owed following a personal injury is entirely specific to the accident, the injuries the person suffered, their financial situation, and more. Personal injury lawsuits seek punitive damages in the form of economic and non-economic damages, which each address different aspects of an injury and their impacts on a victim’s life.
Economic damages simply seek to repay a victim (and their insurance provider) for measurable losses that they have incurred following the accident. This includes things like medical expenses, hospital bills, surgical costs, recovery and physical therapy costs, and more. In additional to medical-specific costs and expenses, economic damages also include financial issues such as lost wages for the time that the victim is out of work, as well as any paid time off or sick leave that they used in order to account for lost time at work.
If a person is injured and must then pay for services that they would otherwise have performed themselves such as childcare, domestic responsibilities, driving, and anything else with a measurable cost, we will also work to ensure that these costs and expenses are included in your economic damage amount.
Non-economic damages are more complicated to calculate than economic damages because they are extremely subjective and do not have a measurable dollar amount appended to them. However, this does not mean that they are less important, and we will fight to ensure that you get what you deserve for these damages.
They include things like pain, anguish, mental and physical suffering, and sadness. As it is not possible to simply tally invoices for these damages, one of the most common ways to quantify these damages is by determining a “multiplier” that can accurately represent the level of suffering that the victim has endured, and then applying it to the economic damages to determine a dollar amount. For example, a multiplier of 2x and economic damages of $100,000 will result in a request for $200,000 in non-economic damages.
California has non-economic damage caps for medical malpractice cases under the Medical Injury Compensation Reform Act (MICRA), which limits damages to $250,000.
How Much Time Do I Have to File My Claim?
The amount of time you have to file your claim depends on the type of claim you are making. In the state of California, a claim for personal injuries in a car accident must be filed within two years and the same applies to slip and fall accidents and dog bites. If you are filing a workers’ compensation claim, you will have one year from the date of the injury to file a claim. All personal injury claims are unique. There are certain types of claims where the statute of limitations is shorter, such as claims against government injuries. Consult with your personal injury lawyer about the particulars of your case.
Why Choose Us?
When you are suffering from a personal injury, the most important thing that you can focus on is recovery. When you are additionally trying to handle the stress of legal issues, it is proven that this stress will cause serious impacts on your recovery, and may cause further complications. One of the best things that you can do is hire an experienced, trustworthy team of legal professionals to handle your case so that you can focus on getting your life on track.
Attorney Paul Grossman has practiced law for over forty years. Mr. Grossman has a stellar reputation with the California Bar Association, and he is a certified provider of legal services to the Mexican Consulate as well as a member of the Consumer Attorneys Association. He has employed a hands-on approach to running his law firm ever since its founding.
Dennis Grossman has been licensed to practice law in California and New York since 2004. In addition to his work in personal injury law, he has worked as a Wall Street tax attorney. A Cum Laude graduate of both Tulane and New York University, the younger Mr. Grossman has obtained millions of dollars in compensation for the firm’s many clients. He is a member of many professional associations in the Los Angeles area.
Attorney Ted Kreit is a graduate of The Columbia School of Law. He is the recipient of a Harlan Fiske Stone Scholarship and the prestigious DeWitt Wallace Distinguished Scholarship.
Contact us now for a free consultation, where you will be able to discuss the specifics of your injuries and the accident you were involved in. This is a great opportunity for you to learn more about our history of successes, particularly with cases similar to your own, and to get a better idea of how we will be able to work together while fighting for your rights.