Huntington Beach, California Personal Injury Frequently Asked Questions
The following information includes frequently asked personal injury questions. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting Law Offices of Nelson & Lawless, you can receive a personal consultation regarding your specific legal claim.
What is Personal Injury?
Personal injury is any physical or mental injury to a person that results from another person's negligence or harmful act. Personal injury involves civil law cases as opposed to criminal law cases which involve a defendant and the State of California. Personal injury can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:
- Auto Accidents
- Other Vehicle Accidents (Aviation, Bicycle, Boat, 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
What financial compensation can I recover in a personal injury claim?
Personal injury accident victims are entitled to recover monetary damages for all 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
- Lost income, including overtime wages
- Pain & Suffering
- Physical Disability
- Disfigurement
- Emotional Trauma
- Mental Disability
- Property Damage
If you have been injured through the neglect or intentional actions of another, call Huntington Beach Law Offices of Nelson & Lawless today for solid representation to claim all the damages that you are rightfully entitled.
What is Wrongful Death?
Wrongful death occurs when a person's death was caused by the negligent, willful, or wrongful act, neglect, omission, or default of another, such as careless driving or a deliberate murder. In addition to injuring the person who died, people who depended upon the deceased for financial or emotional support may be entitled to compensation for the wrongful death. The State of California has enacted a statute permitting a lawsuit to be brought by the relatives of a person who died as a result of a wrongful act.
What is the Statute of Limitations?
Every state has certain time limits, called "statutes of limitations," that govern the period during which you must file a personal injury lawsuit. In some states, for example, you may have as little as one year to file a lawsuit from an automobile accident. When the statute of limitations expires on your case, you simply don't have a case anymore.
Statutes of limitations differ not only from state to state, but also in regard to the kinds of lawsuits involved. In some states the statute of limitations for medical malpractice, suits against governmental agencies, and wrongful death actions is shorter than that for other types of personal injury cases. In general, however, the statute of limitations for personal injury cases is from one to three years, and the time begins from the time of the accident. For more information regarding the limitations for your specific case, contact Law Offices of Nelson & Lawless today.
What are the elements of a defamation claim?
The party making a defamation claim (plaintiff) must ordinarily prove three elements:
- A publication to one other than the person defamed.
- A false statement of fact that is understood as:
- being of and concerning the plaintiff, and
- tending to harm the reputation of plaintiff
- If the plaintiff is a public figure, he or she must also prove actual malice.
If untrue statements have caused damage and harm to your reputation and you need legal advice about making a legal claim or filing a lawsuit, call the Huntington Beach defamation attorneys of Law Offices of Nelson & Lawless .
Are e-mail and on-line activities subject to laws relating to defamation?
Yes, laws relating to defamation are applicable to e-mail and other online activities. For example, if a person commits libel against you through e-mail or other on-line activities, the publisher, and any re-publisher, of the offensive statement can be held accountable for damages. This is why it is wise to be careful about anything you write in an e-mail message or online chat room. If the victim is harmed by your action, you can be held liable for his or her losses.
What is medical malpractice?
Medical malpractice is negligence committed by a professional health care provider—a doctor, nurse, dentist, technician, hospital, or hospital worker—whose performance of duties deviates from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients.
Most medical malpractice cases are based on the concept of negligence-that is, the patient was harmed because the health care provider failed to meet the required standards of skill and care, in accordance with generally accepted standards. Instances of malpractice might include cutting off the oxygen supply during surgery, misdiagnosing an injury because routine tests and procedures were not followed, or prescribing an illegal drug or one not approved for the patient's condition. If you have suffered a traumatic injury or if you have lost a loved one due to malpractice by a doctor or hospital, call the Huntington Beach medical malpractice attorneys of Law Offices of Nelson & Lawless today .
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 premise may recover damages for their injuries, including loss of income, medical expenses, pain and suffering, etc.
Take Action to Protect Your Rights:
If you or a loved one has been seriously injured or suffered wrongful death as the result of another person's negligence, carelessness or other wrongful act in Huntington Beach, Costa Mesa, Newport Beach, Santa Ana, Long Beach, Garden Grove and Westminster, or within the counties of Orange County, Los Angeles County, San Bernardino County, Riverside County, San Diego County and Imperial County, California, and you need the help of an experienced serious injury lawyer, call Law Offices of Nelson & Lawless today at 866-698-5095, or complete the contact form provided on this site to schedule your free initial consultation.

