Practice Areas

People are injured every day in accidents where they were not at fault. A personal injury is established when a person is injured by another person or entity that caused the accident.

The most common type of personal injury involves individuals who are injured in a motor vehicle accident. However, there are other common personal injury cases such as bicycle accidents, slip & fall accidents, pedestrian accidents, dog bite & attacks, and passengers injured in an Uber or Lyft accident.

Personal injury cases reach legal status by filing a civil lawsuit against the responsible party. It may also result from a claim filed with an insurance company. Another possibility is an agreed settlement with the defendant or their attorney before a lawsuit is filed, and in exchange, the accident victim agrees not to pursue the case in court. A settlement may also occur at any point during the lawsuit before a verdict is reached.

Not all accidents can be classified as personal injury. The circumstances and details of the accident must be examined to determine a legal claim. There are a number of factors involved when building a strong personal injury case. We must demonstrate that the person responsible for the accident did something deliberately or unintentionally to cause the accident. And before proceeding with a personal injury case we first must determine who is to blame. There must be at least one person or entity that is legally responsible for the damages that you suffered.

This is the area of law that involves civil lawsuits file by a plaintiff (the victim) against the defendant (the person, persons or entity responsible for causing harm). The legal term we use for personal injury is “tort.” Tort law pertains to an individual who is injured in some way due to the negligence of another, and where the injured person may sue the offender for damages. The word “tort” comes from the Latin word tortum, meaning wrong or harm.

Tort law is not related to criminal law. Criminal law involves a government prosecutor filing charges against a person(s) that commits an illegal act established by the state or federal government. In contrast, personal Injury cases involve a private plaintiff seeking compensation for personal or emotional harm caused by a defendant’s actions.

The statute of limitations in California for personal injury cases is two years from the date of the injury. If you’re thinking about filing a personal injury lawsuit in California because of a car, motorcycle or bicycle accident, a dog bite /attack, a slip and fall, an Uber or Lyft accident, or any other incident where you were injured from the negligence of another person, it is critical to understand and comply with the statute of limitations for these kinds of accidents.

If you attempt to file a personal injury lawsuit after the statutes of limitations have expired, it is almost impossible to get an extension. If, by some extenuating circumstance you are granted an extension, we can guarantee that the defendant’s attorney will point out this fact to the judge, and the court will most assuredly dismiss your case. And if that happens, you will have lost your right to seek damages, regardless of how significant they might be.

We strongly recommend that you file a claim as soon as you are physically and mentally able to do so. Tishbi Law Firm offers a free consultation to help you with this process.

We; as a society, are required to act responsibly to avoid putting others at risk. Negligence will not always result in someone getting hurt, but the liability is always upon the individual or entity. We accept that some accidents are unavoidable. So, in order to establish liability, we must prove that the defendant was deliberately or unintentionally negligent under the circumstances. The basis of a claim is related to the personal injury caused to the victim. This may be physical pain and suffering, or emotional trauma that develops into PTSD (Post-Traumatic Stress Disorder).

Some examples of negligence may include auto, motorcycle, bicycle or pedestrian accidents caused by a drunk driver, dog bites or attacks that happen when dangerous animals are permitted to roam free. In these instances, the responsible party disregarded the possible threat imposed on the victim, and as a result, the plaintiff was injured.

When negligence has been proven, the defendant must pay the plaintiff for all injuries caused by the defendant’s actions. Some claims are easy to calculate, such as property damage and medical bills, but other types of damage, such as emotional distress and loss of wages may require expert testimony. Victims may also receive punitive damages, these are imposed to punish the defendant for outrageous conduct and/or to reform or dissuade the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit.

A negligence claim is based on four common elements.

Duty
We have a duty toward other individuals based on a special relationship between them, such as parent and child, employer and employee or business owner and customer. We have certain duties imposed to us by the law, such as the duty to act as a responsible driver. We also have a duty not to cause injury to others. The question to be answered in a negligence claim is; what was the duty of care that the defendant had to the plaintiff?

Breach
After duty is established, the plaintiff must show how the defendant breached their duty of care. An example is a motor vehicle accident where the defendant did not honor their duty to the victim by choosing to violate traffic laws or was driving while intoxicated.

Causation
The plaintiff is required to provide proof that the defendant’s actions caused the plaintiff to suffer pain and injury. In legal terms, this is often phrased as “the plaintiff would not have suffered harm but not for the defendant’s actions.”

Damages
Depending on the case and circumstances, other damages may be available. Punitive damages are sometimes awarded when the defendant’s actions are particularly atrocious. A wrongful death lawsuit may compensate the surviving family members for the economic and emotional losses caused by the early death of the loved one.

The final element of a negligence claim is damages. Even if you are involved in an accident, you must meet certain criteria to prove legal liability. The plaintiff must have suffered some injury.

The damages that a person is able to receive through a personal injury lawsuit vary based on the circumstances.

These generally include:

• Damaged Property
• Lost Wages, Current and Future
• Pain and Suffering
• Medical Expenses, Past and Future

There are a number of other legal actions besides negligence. Many of these fall under the category of intentional torts. In these situations, the defendant intentionally causes harm to the plaintiff. Assault and battery is an example of an intentional tort. This allows a victim to file a civil lawsuit demanding compensation from the defendant in the form of monetary damages.

Another personal injury case is strict liability. Strict liability is a term that requires members of a society to be held to a higher standard. This involves certain types of accidents such as dog bites or attacks. If a defendant is subject to strict liability they can be held liable even if they did everything possible to avoid causing the harm.

If you were injured in an accident caused by another person, begin documenting your injuries. Be sure to get all the necessary medical treatments to substantiate your injuries and provide the connection between the medical treatment and the accident. Save all important records, including hospital and doctor invoices, police reports regarding the accident, medical records, medical expenses and records from your employer (or documented evidence if you are self-employed) that show the time you missed from work. Talk to us early in the process to protect your legal rights and to avoid doing anything that can adversely affect your claim.

There are some common tactics that a defendant’s attorney will use against a plaintiff in a personal injury lawsuit. In negligence cases, the defendant may argue that the plaintiff did not use proper care to avoid the accident, and claim the plaintiff is partially or wholly responsible for his or her own injury. The defendant may also claim that the plaintiff “assumed the risk” that caused the accident. An example is a person walking on a floor clearly marked “wet surface” in a slip & fall accident. We must prove that such claims are unsubstantiated even if the plaintiff participates voluntarily in a dangerous sport or activity. Or even if the plaintiff gave the defendant permission to take the action that ended up causing harm.

If you want to avoid losing a personal injury case based on such arguments, you need a highly qualified Personal Injury Firm like Tishbi Law Firm. Seeking knowledgeable counsel can substantially reduce the risk of being defeated in a lawsuit.

Contact us as soon as possible for your no obligation free consultation. Tishbi Law Firm can inform you of legal rights and provide you with an initial course of action. We are specialists in the area of Personal Injury and we will not stop until you get the maximum compensation you deserve.