FAQ's
YOU'VE GOT QUESTIONS, WE'VE GOT ANSWERS
In civil lawsuits, the burden of proof falls to the plaintiff, wherein the plaintiff must demonstrate a majority of available evidence clearly indicates the defendant holds liability for the damages. This is different from criminal cases, where the prosecution must prove guilt beyond a shadow of doubt. Because of this, the court can find a defendant who faces both civil and criminal cases not guilty of criminal charges but still responsible for damages.
This defense takes place when the defendant claims he or she is not liable for reasons beyond the body of evidence gathered indicating liability. One example of this is comparative negligence, where both parties share fault. Another example of affirmative defense is assumption of risk where a plaintiff knowingly assumed the risk, thus absolving the defendant – at least in part. However, California law limits the use of this defense because it uses the “pure comparative negligence” doctrine. This allows the plaintiff to receive compensation for damages even in circumstances were his or her share of fault exceeds 50 percent.
Many laws classified under personal injury originate from “common law rules” that have existed for quite some time. These rules come from any law created by a judge in forming a judgment. These differ from legislative laws and statutes.
A judge’s decision on a case creates a precedent that justices in future cases must consider in similar going forward in the state court system. However, this only applies to courts below that judge’s court level. Over time, this applied precedent becomes binding and enters the “common law” status.
California law requires a victim to file a claim or lawsuit within a predetermined amount of time from the date of injury. These are known as a “statute of limitation” and differ according to the type of personal injury. Here’s a breakdown of the maximum timeframes you can file in L.A.
Injury to Person – 2 years
Libel/Slander – 1 year
Trespassing – 3 years
Fraud – 3 years
Damage to Personal Property – 3 years
Professional Malpractice:
Legal – 1 year from discovery; maximum of 4 years from the act
Medical – 1 year from discovery; 3 years if injury is known
Veterinary – 1 year from injury/death of animal
At Garcia & Phan Law Firm, our Los Angeles personal injury lawyer team champion the rights of victims and consumers. We are not afraid of the size, political power, or financial resources of the wrongdoer. Our skilled accident attorneys have fought these battles on many occasions over the years and know how to thoroughly prepare a case from investigation to trial.
Auto Accidents FAQ's
It depends on the state in which the accident occurred. In some states, not buckling up can negate or reduce any potential compensation for damages, on the basis that people suffer more severe injuries when not wearing seat belts. In other states, this is not the case. Your attorney can tell you what the law is in your state, and will argue for your right to recover damages.
Should I release my medical records to another driver’s insurance adjuster?
Definitely not. Medical record releases should only be signed under limited circumstances and after consulting with a qualified personal injury trial lawyer. If your medical information gets into the insurance adjuster’s hands, it could hurt your case.
Both you and your passengers should consider seeing a doctor after an accident. The doctor may recognize injuries, sometimes serious, that are not apparent to you. The charges for a doctor visit and medical treatment may be covered by your insurance. It’s not recommended that you settle claims from an accident until a doctor has seen you and advised you about the extent of your injuries.
Lawyers for the insurance companies will often square off and eventually settle. But every car accident is unique somehow, and you may need a good lawyer on your side. If you have any doubts or questions about your case, it’s good to get in touch with Garcia & Phan.
Burn Injuries FAQ's
Identifying defendants in a burn injury compensation lawsuit might not be obvious. An attorney working on your behalf can review your case and identify the specific facts of the event that led to your injuries. In many cases, it is not just a reckless or negligent action that led to the event, but a malfunctioning product or faulty equipment that caused the accident. That said, there may be multiple defendants in your case including a property owner, equipment manufacturer, machinery installer, gas company, electrical company, or others.
Some circumstances might preclude you from filing legal action against others to receive compensation. If your portion of responsibility for causing the accident is less or equal to any other party involved in your lawsuit, you can still seek legal action. An attorney evaluating your case can help identify your level of responsibility and provide numerous options on how to proceed.
Most commercial enterprises and property owners, including homeowners and renters, maintain liability insurance. It is extremely rare that the individual who caused the accident will pay the damages. Instead, the funds are provided by the insurance policy that is either paid out through a jury trial award or a negotiated out of court settlement.
Fortunately, the burn injury attorneys at Garcia & Phan Lawyers accept all personal injury claims, wrongful death lawsuits, and burn injury compensation claims through contingency fee agreements. This arrangement postpones the payment of all your legal services until after we have successfully resolved your case through a negotiated settlement or a jury trial award. Additionally, we provide every potential client with an initial, no-obligation consultation.
DOGS BITE FAQ's
If you have been injured by someone else’s pet dog, you absolutely have a right to file a lawsuit if you cannot reach a settlement with the insurance company. There is no reason why you would leave money on the table if you were hurt by someone else’s dog, especially when Garcia Phan Law is very clear about the dog owner’s liability. Contact a Chicago personal injury lawyer immediately to learn more about your legal rights.
Yes, the Illinois Animal Control Act covers non-bite injuries that may occur in a dog attack. An example of a compensable dog attack would be if a dog knocks you down to the ground and suffer an injury.
If someone else’s pet dog has injured you, you have a right to file a lawsuit if you cannot settle with the insurance company. There is no reason you would leave money on the table if you were hurt by someone else’s dog, especially when Garcia Phan Law is very clear about the dog owner’s liability. Contact a Garcia & Phan personal injury lawyer immediately to learn more about your legal rights.
SLIP AND FALL FAQ's
You have two years to file a lawsuit or take legal action in Illinois after a slip and fall accident. If victims do not notice their injuries, courts might award them more time to file. However, since these incidents are so traumatic and obvious, plaintiffs find it difficult to seek and obtain additional time. Therefore, one must assume that a fall case must be brought two years from the day of the accident.
Responsibility in trip and fall cases is determined by negligence standards. Any unreasonable conduct that contributes to the plaintiff’s fall may be blamed for the incident. That means the victim can sue that party in court for all their damages. The list below summarizes some common defendants in Illinois slip and fall accidents. Premise owners:Property owners, commercial and private, have certain duties to keep their land safe. If other people slip and fall on their premises, they can be sued if the action or inaction was unreasonable for the circumstances. Maintenance companies: When maintenance companies are hired to clean or maintain a business or office and fail to do so, they can be held accountable for the injuries an individual sustains. Architects & builders: If an architect or builder does not follow an applicable building code or negligently following a building standard and a person is injured as a result, they may be held accountable in court. Cities: Cities have a duty to keep some areas safe. They need to make sure people do not slip on roads, sidewalks, and other places. If people do fall, then a lawsuit might be brought against that municipality.
Slip and fall injury cases may be defended by the property owner’s insurance company by claiming you failed to keep a proper lookout to avoid the fall and that they did not have sufficient ‘notice’ of the condition that caused you to slip. Under Garcia Phan Law, you can be barred from receiving any compensation for slip and fall injuries if you are more than 50% responsible for your accident. Our slip and fall attorneys know the defences commonly raised in accident claims involving slip and falls. Knowing how the fall cases are defended allows us to build a strong claim for you. Contact our law office today to arrange a free consultation.
Plaintiffs need to prove four things to win an injury claim involving fall injuries at Garcia Phan Law as the fall victim. First, the defendant owed the plaintiff a duty. It can be as simple as noting the property owner needed to keep the area safe. Second, the defendant breached their duty. It can get established by demonstrating the property owner was aware of the defective condition yet failed to take corrective action. Third and fourth, the breach caused the plaintiff’s damages. In other words, plaintiffs need to connect the dots of how the defendant’s unreasonable conduct contributed to the plaintiff’s harm. Yes, plaintiffs must assert and prove damages. Damages in slip and fall cases are the personal injuries the plaintiff or injured party sustained due to the fall. It includes all medical expenses, lost wages and pain related to the injury.
Injury to Person – 2 years
Libel/Slander – 1 year
Trespassing – 3 years
Fraud – 3 years
Damage to Personal Property – 3 years
Professional Malpractice:
Legal – 1 year from discovery; maximum of 4 years from the act
Medical – 1 year from discovery;
Three years if the injury is known Veterinary –
1 year from injury/death of the animal
At Garcia and Phan, our team champion the rights of victims and consumers. Our skilled accident attorneys have fought these battles over the years and know how to prepare a case from investigation to trial thoroughly. We are not afraid of the wrongdoer’s size, political power, or financial resources..
FAQs
YOU’VE GOT QUESTIONS,
WE’VE GOT ANSWERS
WHO CARRIES THE BURDEN OF PROOF?
In civil lawsuits, the burden of proof falls to the plaintiff, wherein the plaintiff must demonstrate a majority of available evidence clearly indicates the defendant holds liability for the damages. This is different from criminal cases, where the prosecution must prove guilt beyond a shadow of doubt. Because of this, the court can find a defendant who faces both civil and criminal cases not guilty of criminal charges but still responsible for damages.
This defense takes place when the defendant claims he or she is not liable for reasons beyond the body of evidence gathered indicating liability. One example of this is comparative negligence, where both parties share fault. Another example of affirmative defense is assumption of risk where a plaintiff knowingly assumed the risk, thus absolving the defendant – at least in part. However, California law limits the use of this defense because it uses the “pure comparative negligence” doctrine. This allows the plaintiff to receive compensation for damages even in circumstances were his or her share of fault exceeds 50 percent.
Many laws classified under personal injury originate from “common law rules” that have existed for quite some time. These rules come from any law created by a judge in forming a judgment. These differ from legislative laws and statutes.
A judge’s decision on a case creates a precedent that justices in future cases must consider in similar going forward in the state court system. However, this only applies to courts below that judge’s court level. Over time, this applied precedent becomes binding and enters the “common law” status.
IS THERE A TIME LIMIT ON FILING A CLAIM?
California law requires a victim to file a claim or lawsuit within a predetermined amount of time from the date of injury. These are known as a “statute of limitation” and differ according to the type of personal injury. Here’s a breakdown of the maximum timeframes you can file in L.A.
Injury to Person – 2 years
Libel/Slander – 1 year
Trespassing – 3 years
Fraud – 3 years
Damage to Personal Property – 3 years
Professional Malpractice:
Legal – 1 year from discovery; maximum of 4 years from the act
Medical – 1 year from discovery; 3 years if injury is known
Veterinary – 1 year from injury/death of animal
At Garcia & Phan Law Firm, our Los Angeles personal injury lawyer team champion the rights of victims and consumers. We are not afraid of the size, political power, or financial resources of the wrongdoer. Our skilled accident attorneys have fought these battles on many occasions over the years and know how to thoroughly prepare a case from investigation to trial.
Auto Accidents FAQ’s
What if I was not wearing a seat belt at the time of my accident? Can I still recover damages?
It depends on the state in which the accident occurred. In some states, not buckling up can negate or reduce any potential compensation for damages, on the basis that people suffer more severe injuries when not wearing seat belts. In other states, this is not the case. Your attorney can tell you what the law is in your state, and will argue for your right to recover damages.
Should I release my medical records to another driver’s insurance adjuster?
Definitely not. Medical record releases should only be signed under limited circumstances and after consulting with a qualified personal injury trial lawyer. If your medical information gets into the insurance adjuster’s hands, it could hurt your case.
If I don’t feel injured after an automobile accident, do I have to see a doctor?
Both you and your passengers should consider seeing a doctor after an accident. The doctor may recognize injuries, sometimes serious, that are not apparent to you. The charges for a doctor visit and medical treatment may be covered by your insurance. It’s not recommended that you settle claims from an accident until a doctor has seen you and advised you about the extent of your injuries.
Very often, lawyers for the insurance companies will square off and eventually settle. But every car accident is unique in some way and you may need a good lawyer on your side. If you have any doubts or questions about your case, it’s a good idea to get in touch with a Garcia & Phan.
Burn Injuries FAQ’s
Who do I Hold Responsible for Causing my Burn Injury?
Identifying defendants in a burn injury compensation lawsuit might not be obvious. An attorney working on your behalf can review your case and identify the specific facts of the event that led to your injuries. In many cases, it is not just a reckless or negligent action that led to the event, but a malfunctioning product or faulty equipment that caused the accident. That said, there may be multiple defendants in your case including a property owner, equipment manufacturer, machinery installer, gas company, electrical company, or others.
What Happens if I am Partially at Fault for Causing my Accident?
Some circumstances might preclude you from filing legal action against others to receive compensation. If your portion of responsibility for causing the accident is less or equal to any other party involved in your lawsuit, you can still seek legal action. An attorney evaluating your case can help identify your level of responsibility and provide numerous options on how to proceed.
What Happens if the Person at Fault has no Money to Pay my Damages?
Most commercial enterprises and property owners, including homeowners and renters, maintain liability insurance. It is extremely rare that the individual who caused the accident will pay the damages. Instead, the funds are provided by the insurance policy that is either paid out through a jury trial award or a negotiated out of court settlement.
But I do not Think I Have Enough Money to Hire a Lawyer?
Fortunately, the burn injury attorneys at Garcia & Phan Lawyers accept all personal injury claims, wrongful death lawsuits, and burn injury compensation claims through contingency fee agreements. This arrangement postpones the payment of all your legal services until after we have successfully resolved your case through a negotiated settlement or a jury trial award. Additionally, we provide every potential client an initial, no-obligation consultation at no charge.
DOGS BITE FAQ’s
Who pays for a dog bite settlement?
If you have been injured by someone else’s pet dog, you absolutely have a right to file a lawsuit if you cannot reach a settlement with the insurance company.
There is no reason why you would leave money on the table if you were hurt by someone else’s dog, especially when Garcia Phan Law is very clear about the dog owner’s liability.
Contact a Chicago personal injury lawyer immediately to learn more about your legal rights.
Can i file a claim for Dog Attack if I’m not Bitten?
Yes, the Illinois Animal Control Act covers non-bite injuries that may occur in a dog attack.
An example of a compensable dog attack would be if a dog knocks you down to the ground and you suffer an injury as a result.
How long does a dog bite case takes to settle?
If you have been injured by someone else’s pet dog, you absolutely have a right to file a lawsuit if you cannot reach a settlement with the insurance company.
There is no reason why you would leave money on the table if you were hurt by someone else’s dog, especially when Garcia Phan Law is very clear about the dog owner’s liability.
Contact a Garcia & Phan personal injury lawyer immediately to learn more about your legal rights.
How long do i have to file a personal injury law suit ?
Dog bites, like other types of personal injury lawsuits must be filed within two-years from the date of the incident.
Your failure to file a case within the statute of limitations will forever bar your recovery.
There is an exception to this rule for children as a minor can generally bring a claim within two-years from turning 18.
SLIP AND FALL FAQ’s
How long do i have to file a slip and fall injury law suit?
You have two years to file a lawsuit or take legal action in Illinois after a slip and fall accident.
If victims do not notice their injuries, courts might award them more time to file. However, since these incidents are so traumatic and obvious, plaintiffs find it difficult to seek and obtain additional time. Therefore, one must assume that a fall case must be brought two years from the day of the accident.
Who is responsible for trip and fall accident?
Responsibility in trip and fall cases is determined by negligence standards. Any unreasonable conduct that contributes to the plaintiff’s fall may be blamed for the incident. That means the victim can sue that party in court for all their damages.
The list below summarizes some common defendants in Illinois slip and fall accidents.
- Premise owners:Property owners, commercial and private, have certain duties to keep their land safe. If other people slip and fall on their premises, they can be sued if the action or inaction was unreasonable for the circumstances.
- Maintenance companies: When maintenance companies are hired to clean or maintain a business or office and fail to do so, they can be held accountable for the injuries an individual sustains.
- Architects & builders: If an architect or builder does not follow an applicable building code or negligently following a building standard and a person is injured as a result, they may be held accountable in court.
- Cities: Cities have a duty to keep some areas safe. They need to make sure people do not slip on roads, sidewalks, and other places. If people do fall, then a lawsuit might be brought against that municipality.
What are the common defences raised in a slip and fall case?
Slip and fall injury cases may be defended by the property owner’s insurance company by claiming you failed to keep a proper lookout to avoid the fall and that they did not have sufficient ‘notice’ of the condition that caused you to slip.
Under Garcia Phan Law, you can be barred from receiving any compensation for slip and fall injuries if you are more than 50% responsible for your accident.
Our slip and fall attorneys know the defences commonly raised in accident claims involving slip and falls. Knowing how the fall cases are defended allows us to build a strong claim for you. Contact our law office today to arrange a free consultation.
What do I need to prove to win slip and fall injury case?
As the fall victim, plaintiffs need to prove four things to win an injury claim involving fall injuries in Illinois.
First, the defendant owed the plaintiff a duty. This can be as simple as noting the property owner needed to keep the area safe.
Second,the defendant breached the duty. This can be established by demonstrating the property owner was aware of the defective condition, yet failed to take corrective action.
Third and fourth, the breach caused the plaintiff’s damages. In other words, plaintiffs need to connect the dots of how the defendant’s unreasonable conduct contributed to the plaintiff’s harms. Yes, plaintiffs must actually assert and prove damages.
Damages in slip and fall cases are the personal injuries the plaintiff or injured party sustained due to the fall. This includes all medical expenses, lost wages and pain related to the injury.
Injury to Person – 2 years
Libel/Slander – 1 year
Trespassing – 3 years
Fraud – 3 years
Damage to Personal Property – 3 years
Professional Malpractice:
Legal – 1 year from discovery; maximum of 4 years from the act
Medical – 1 year from discovery; 3 years if injury is known
Veterinary – 1 year from injury/death of animal
At Garcia and Phan, our team champion the rights of victims and consumers. We are not afraid of the size, political power, or financial resources of the wrongdoer. Our skilled accident attorneys have fought these battles on many occasions over the years and know how to thoroughly prepare a case from investigation to trial.
