California Personal Injury Legal FAQ
Our legal team has created a comprehensive list of frequently asked questions covering a variety of topics to address your common questions and concerns. Please click on the links below to learn more about the topic of your choice or contact Hodes Milman Liebeck directly to schedule a consultation with one of our personal injury attorneys. Our firm represents victims in California, including Los Angeles, Orange, San Bernardino and Riverside counties as well as throughout Arizona who have been injured by negligence or misconduct.
The following page provides general answers to some of the questions relating to medical malpractice that are typically asked by our clients during consults. Please contact our office today if you have additional questions or if you would like to speak with a medical malpractice or birth injury attorney directly. Our legal team represents victims in California, including Los Angeles, Orange, San Bernardino and Riverside counties as well as throughout Arizona, and we would be happy to discuss your case with you.
WHAT IS MEDICAL MALPRACTICE?
Medical malpractice occurs when a medical professional is negligent in his or her duty to provide an acceptable standard of care, resulting in injury or the death of the patient. Medical malpractice claims seek to compensate victims and their families for a variety of wrongs, including:
- Hospital negligence
- Misdiagnosis/Failure to diagnose
- Nursing home abuse
- Birth Injury
- VA malpractice
For a medical malpractice claim to be successful, it is essential to prove that the health care provider in question either acted unreasonably under the circumstances or failed to act in accordance with an accepted standard of care. The standard of care is usually defined as what other physicians with similar experience and training would have done in the same situation. If the conduct is deemed unreasonable and it can be proven that it resulted in injury or death, the patient may be entitled to compensation.
HOW WILL YOU DECIDE WHETHER TO TAKE MY CASE?
When our medical malpractice attorneys first evaluate a claim, we meet with our potential client and discuss the case during a comprehensive interview. Next we read and analyze our client’s medical records and research the procedures involved in order to determine whether the actions of the medical professionals in question could be construed as negligent. Because it is impossible to evaluate the merits of a claim without consulting medical experts, we then have our client’s records reviewed by a qualified team of physicians or health care providers. As medical malpractice lawsuits are both costly and complex, our firm will perform extensive research before taking on any birth injury or medical negligence case. As a general rule, we pursue claims on behalf of the seriously injured only after we have determined that they have a viable case.It is important to realize that because there is always risk involved with any medical procedure or treatment, an unexpected or undesirable result does not necessarily indicate medical malpractice. If you suspect you have a claim, we recommend that you speak with a medical malpractice or birth injury attorney as soon as possible. We invite residents of Los Angeles, Orange County, and communities across California and Arizona to contact Hodes Milman Liebeck today to discuss your case with our team.
HOW MUCH TIME DO I HAVE TO BRING A MEDICAL MALPRACTICE CLAIM?
Under California law, it is essential to act immediately to preserve your legal rights. Medical malpractice claims must be brought within three years of the date of injury, or alternatively, within one year of the date the patient discovered (or should have discovered) the injury or negligent act.In a birth injury lawsuit or any lawsuit filed on behalf of a minor, the claim must be brought within three years of the injury. An exception is made if the minor child is less than six years old, in which case the claim may be brought within three years of the injury or by the child’s eighth birthday (whichever time period is longer). Because there is such a small window of opportunity for California or Arizona victims to file a medical malpractice claim, as soon as you suspect you have a claim you should consult a qualified birth injury attorney or medical malpractice attorney. Contact our offices today to discuss your case with our staff.
WILL MY MEDICAL MALPRACTICE CASE GO TO TRIAL?
In reality, most medical malpractice cases do not go to trial and are resolved through settlement or binding arbitration. In fact, the obligation to submit to binding arbitration is often part of an HMO’s contract with patients. In many cases, patients do not realize they have signed a binding arbitration agreement because it is buried in the initial papers signed upon admission to a hospital or by request of a physician.Please be certain that, whatever the circumstances surrounding your case, our attorneys will do whatever is in your best interest. We have the experience to resolve, through settlement or trial, even the most serious medical malpractice cases.
IF I SIGNED A CONSENT FORM, DO I STILL HAVE A CASE?
It is commonplace for hospitals to require patients to sign a consent form prior to surgery. The accepted standard of care dictates that your physician should inform you of all the risks involved with your procedure as well as the risks of not receiving treatment. If you can establish that you were not adequately warned of the risks of the procedure, then your consent may be invalid. It is also true that if you can prove the physician performed procedures that went beyond your consent and injury resulted (and the procedures were not “necessary” in the course of treatment), you may recover damages.In essence, consent forms do not release negligent physicians from liability. If your physician was negligent in performing your procedure and injury resulted, you may still be able to recover damages.
WHAT SHOULD I DO IF I FEEL MY PHYSICIAN HAS BEEN NEGLIGENT?
Time is of the essence when filing a medical malpractice or birth injury lawsuit in California. Your first step if you feel you have a claim should be to consult a medical malpractice attorney. Because medical malpractice is such a complex area of law, it is worthwhile to make sure you speak with an attorney who has experience handling difficult claims. Each birth injury and medical malpractice attorney at Hodes Milman Liebeck has the expertise and support system in place to help successfully resolve claims for victims in California, including Los Angeles, Orange, San Bernardino and Riverside counties as well as throughout Arizona. If you feel your physician has been negligent, contact us today to discuss the details of your case.
CONTACT HODES MILMAN LIEBECK TODAY
If you or someone you love has been injured by the negligence of a physician or health care provider, you may be eligible for compensation. Contact Hodes Milman Liebeck today to discuss your birth injury or medical malpractice claim with an attorney from our firm. We welcome clients from California, including Los Angeles, Orange, San Bernardino and Riverside counties as well as throughout Arizona.
California Personal Injury Law FAQs
At Hodes Milman Liebeck, we believe our clients deserve to be well informed. We make every attempt during client interviews to answer all questions and guide our clients through the legal process that lies ahead of them.
On this page we have provided responses to some of the more common questions we receive during client meetings. To learn more about the topics below or to speak directly with an attorney, please contact Hodes Milman Liebeck. Our firm represents victims in California, including Los Angeles, Orange, San Bernardino and Riverside counties as well as throughout Arizona. A personal injury or brain injury attorney from our firm is always available to discuss your case.
WHAT IS PERSONAL INJURY LAW?
Personal injury is a blanket term used to describe any injury resulting from the negligence of another party. Personal injury claims can involve everything from auto accidents to product defects and slip and fall accidents. To successfully pursue a personal injury claim, it is necessary to first demonstrate that negligence occurred and, second, that the negligent act or failure to act resulted in injury or death.
WHICH TYPES OF PERSONAL INJURY CASES DO YOU ACCEPT?
At Hodes Milman Liebeck, each of our attorneys has the training and experience to handle a variety of personal injury claims. We are particularly passionate about representing victims of serious personal injury, including individuals and families whose lives have been turned upside-down by traumatic brain injury, spinal cord injury, and wrongful death. Without proper representation, these types of injured individuals can face devastating long-term consequences.Our firm is not intimidated by so-called “tough cases.” We aggressively represent the interests of victims in California, including Los Angeles, Orange, San Bernardino and Riverside counties as well as throughout Arizona. To discuss your case with a personal injury or brain injury attorney with our firm, contact Hodes Milman Liebeck today.
DO I REALLY NEED AN ATTORNEY TO HANDLE MY CASE?
Personal injury lawsuits can be both time-consuming and incredibly complex. To ensure that your legal rights are protected and that your case proceeds in a timely fashion, it is always best to consult a personal injury attorney for advice. Minor accidents can sometimes be resolved in small claims court, but when a large claim is at issue, the assistance of an attorney can be invaluable. Any type of large claim will require a significant amount of paperwork, research, and direct negotiation with insurance companies. An experienced personal injury attorney will not only be familiar with these processes, but they will also know how to use them to the advantage of their clients. An attorney can help put your mind at ease and also maximize your compensation.
WHAT SHOULD I DO IF I’VE BEEN INJURED?
Following an accident, it is incredibly important to seek medical attention as soon as possible. The shock of the event can mask pain for hours, or even days. Once treatment has been concluded, the next logical step is to contact an attorney to discuss your case. It will be your attorney’s job to determine whether your case meets the criteria necessary to collect damages. If you’ve been injured and would like an attorney’s advice, contact Hodes Milman Liebeck today. We serve California, including Los Angeles, Orange, San Bernardino and Riverside counties as well as throughout Arizona, and we would be happy to connect you with a personal injury or brain injury attorney near you to discuss your case.
HOW CAN I TELL IF I HAVE A CAUSE OF ACTION?
If you have been injured and you believe the negligence of another party contributed to your injury, the simplest way to determine whether you have a claim for compensation is to discuss the details of your case with an attorney. If you contact Hodes Milman Liebeck, one of our personal injury attorneys will be available to quickly evaluate your claim. Our firm’s hallmark is meticulous research and preparation; once we have reviewed the details of your case, we will provide you with an honest assessment of your claim and recommend a course of action. Keep in mind that consultations are free, and if we elect to take your case, there will be no fee unless there is recovery.
HOW MUCH COMPENSATION CAN I EXPECT TO RECEIVE?
There is no specific formula we can use to predict compensation for any given claim. The value of your case is influenced by several key factors, including the extent of injury, medical expenses (both long-term and short-term), and your current and future conditions.
Victims of negligence can potentially receive compensation for lost wages, medical bills, and emotional and physical pain and suffering. If you elect to speak with a personal injury attorney at our firm, we can give you a basic assessment of your claim for compensation based on the facts of your case and the outcome of cases similar to your own. There are no certainties when it comes to compensation; however, we would not accept your case if we did not feel there was potential for success.
At Hodes Milman Liebeck, we are known across California and throughout the nation for our expert handling of catastrophic personal injury claims. We can connect victims throughout California, including Los Angeles, Orange, San Bernardino and Riverside counties as well as throughout Arizona, with an experienced personal injury or brain injury attorney. Consultations are free; contact us today to discuss your case with our team.
California Product Liability Law
The frequently asked questions below are designed to help our clients gain a better understanding of product liability law and the elements of a successful product liability claim. If you have been injured by a defective product and would like to speak with one of our product liability attorneys, please contact Hodes Milman Liebeck today. Our offices serve Los Angeles, Orange, San Bernardino, Riverside counties and throughout California and Arizona. We invite you to schedule your free consultation today.
WHAT IS PRODUCT LIABILITY?
Product liability law governs the ability of a consumer to seek compensation for injury or property damage resulting from the use of a defective product. A product is considered “defective” if it is unreasonably dangerous when used as intended. Examples of product liability include everything from automotive defects to dangerous or improperly labeled prescription drugs. To proceed with a product liability claim, a plaintiff must prove (1) that the product is defective or unreasonably dangerous; (2) that the product reached the consumer in the same condition it was sold in; and (3) that the defective product injured the user (causation).
Whatever the facts of your case, our attorneys can help you to determine whether there is sufficient evidence to proceed with a defective product claim. Contact Hodes Milman Liebeck to speak with our team of product liability lawyers, serving Los Angeles, Orange, San Bernardino, Riverside counties and throughout California and Arizona.
WHAT TYPES OF FLAWS MAKE A PRODUCT DEFECTIVE?
There are generally three types of flaws that would make a product defective:Design DefectsDefective design claims allege that a product is flawed in its original design. If the design of a product is unsafe, the entire product line can be considered unreasonably dangerous for consumers. Cases of defective design can include everything from instances in which designers fail to add safety features to a product to situations in which a design oversight renders the product dangerous when used as intended or in a foreseeable manner.
Manufacturing defect claims arise when a product is designed properly but there is an oversight during the manufacturing process that makes the product unsafe. Manufacturing defects are generally unplanned and can result from a mistake in the production process or poor execution of a design.Failure to Warn (or Insufficient Warning)
Failure to warn claims result from a failure to provide proper instructions for the use of a product or a failure to warn of a particular side effect or risk associated with the product. When it can be demonstrated that these marketing defects prevented a consumer from either recognizing the risk associated with the product’s use or using the product in a safe manner, the responsible parties may be held liable for damages.
CAN I FILE A PRODUCT LIABILITY CLAIM IF I USED, BUT DO NOT OWN, THE DEFECTIVE PRODUCT?
You do not necessarily have to own the defective product in question to file a product liability claim. If you were borrowing what you feel is a defective product and were injured as a result of using that product, you may still be eligible for compensation. Contact our product liability lawyers at our location nearest you to discuss the particulars of your case.
IF I MISUSE A PRODUCT, DO I STILL HAVE A CLAIM?
One of the most common defenses to a product liability lawsuit is that the consumer was using the product incorrectly or even negligently. However, even if misuse of a product can be proven by the defense, it does not necessarily preclude the plaintiff from collecting damages. Manufacturers have a responsibility to anticipate certain misuses of a product by consumers and warn them of the potential dangers of using the product in an unintended manner. It is only when the misuse of the product would be unforeseeable by the manufacturer that they may be able to escape liability.
If you were injured by a defective product but are unsure whether misuse of the product could negate your claim, please do not hesitate to contact our product liability lawyers. You may still be eligible for damages.
WHO IS LIABLE IF I’M INJURED BY A DEFECTIVE PRODUCT?
Liability in defective product claims is far-reaching. Everyone from the manufacturer of a product to the distributor and seller can be held liable in a product liability lawsuit. If the product was ever repaired, the repair person may even have some responsibility for damages.
The assistance of an attorney is extremely valuable in determining who is responsible for injury or damages caused by a defective product. Our team of product liability lawyers has helped consumers in California, including Los Angeles, Orange, San Bernardino and Riverside counties as well as throughout Arizona, hold responsible parties liable for the damages caused by defective products. We can help you identify all parties that may be held accountable in your lawsuit.
If you have been injured by a defective product and would like to speak with one of our attorneys, contact Hodes Milman Liebeck today. Our product liability lawyers serve Los Angeles, Orange, San Bernardino, Riverside counties and throughout California and Arizona. We do not accept all cases, but consultations at our offices are free, so please contact us today.
Auto&Car Accident Injury Legal FAQs
The attorneys of Hodes Milman Liebeck have handled countless serious auto accident claims, successfully representing injured victims in California, including Los Angeles, Orange, San Bernardino and Riverside counties as well as throughout Arizona. Each car accident lawyer at our firm has the experience to maximize recovery from insurance companies. If you have been involved in an accident, we invite you to read the Q&A below to learn more about how to protect your legal rights after an accident. If you have any questions, please feel free to contact our law offices to speak directly with an auto accident lawyer.
WHAT SHOULD I DO IF I’VE BEEN INVOLVED IN A CAR ACCIDENT?
Immediately after an auto accident, truck accident, or motorcycle accident, your first priority should be to call 911 if there are any injuries and alert the local police so that an accident report can be filed. What may seem like a minor collision could end up having serious consequences, and it is best to have emergency services on hand.
Once the scene is secure, it is important to gather as much information as possible. Make sure you exchange information with the other driver(s) and secure contact information from potential witnesses. If you are in a position to do so, it is best to document as much as you can about the accident and take photos of the vehicles and the scene.
We recommend that you avoid admitting fault when you speak with the individuals involved in the accident. Call your insurance provider as soon as possible to let them know you’ve been involved in an accident. If you believe you may have been injured, see a physician immediately and make sure to explain your symptoms to your doctor in detail.
HOW MUCH COMPENSATION CAN I EXPECT TO RECEIVE?
Placing a specific value on your claim is virtually impossible at the outset of your case. We cannot begin to estimate the amount of compensation you can receive until your medical treatment has been concluded.
If your case does go to trial and the jury finds that the other party involved in the accident was negligent, you could potentially receive both economic and non-economic damages. Economic damages refer to compensation for financial obligations from medical bills, property damage, funeral expenses, lost wages, and future earnings. Non-economic damages include pain and suffering, loss of consortium, and emotional distress.
While we cannot make any guarantees in terms of expected compensation, once we have all the facts of your case, we can compare it to similar cases and give you an idea of the potential value of your claim. We recommend that you contact our offices to discuss the specifics of compensation with an auto accident lawyer.
DO I REALLY NEED AN ATTORNEY TO HANDLE MY CLAIM?
While most minor auto accident cases can be settled without the assistance of a car accident lawyer, it is difficult to successfully resolve serious auto accidents without representation. Experienced auto accident lawyers have the know-how to gather evidence and the experience to negotiate with large insurance companies. An attorney will fight to maximize your compensation and protect your legal rights while you focus on your recovery.
HOW SHOULD I DEAL WITH THE INSURANCE ADJUSTORS AFTER THE ACCIDENT?
You will likely be contacted by the at-fault party’s insurance company relatively soon after your accident. Before giving any sort of statement to the insurance adjustor, we recommend that you speak with an auto accident lawyer. The information you provide to the adjustor could be used against you in future proceedings and negotiations, so it is best to consult an attorney before providing details about your injuries and the accident.
It is also possible that the at-fault party’s insurance company will attempt to settle with you for an amount that does not adequately cover your losses. Before agreeing to any kind of settlement, you should speak with a car accident lawyer to find out exactly what kind of compensation you could be entitled to. Don’t leave your future up to an insurance adjustor whose sole occupation is to save his or her employer money.
Contact the offices of Hodes Milman Liebeck to speak with a car accident lawyer about your case. Your consultation with our legal advisors is free – please contact us today.
WHAT IF MY INSURANCE COMPANY DENIES MY CLAIM?
There are a variety of valid reasons an insurance claim could be denied. Sometimes claims are denied based on small technicalities, so it is always best to take note of the reason given by the adjustor in the denial letter and study your insurance policy. If you feel your insurance company has been misinformed or your claim was denied in bad faith, an auto accident lawyer can help.
If you have been seriously injured in an auto accident, our firm can assist you. Contact Hodes Milman Liebeck to schedule a consultation with an auto accident lawyer today. We can connect victims throughout California and Arizona with an experienced and aggressive car accident lawyer.