Suffering from an injury caused by someone else's negligence or intentional act can be a frustrating and painful experience. It's understandable to want to seek justice and compensation for your losses, but navigating the legal process of a personal injury claim can be overwhelming without the help of an experienced attorney like Paul Hoybjerg at Hoybjerg Law.
Essentially, a personal injury claim seeks to hold the responsible party accountable for the harm they caused and recover financial damages to cover medical expenses, lost wages, and other losses resulting from the injury. However, proving fault and negotiating with insurance companies can be complicated and time-consuming.
Paul Hoybjerg is an experienced personal injury attorney with a personable approach to the circumstances surrounding his client's case.
Common Injuries
Seen In Personal Injury Claims
Several types of personal injuries commonly lead to lawsuits, including:
- Motor vehicle accidents: Car accidents are a common cause of personal injury lawsuits, mainly when one or more drivers are at fault.
- Slip and fall accidents: Slip and fall accidents can occur on private or public property and can be caused by hazards such as wet floors, uneven surfaces, or inadequate lighting.
- Medical malpractice: Medical malpractice occurs when a healthcare provider fails to provide an appropriate standard of care, resulting in harm to the patient.
- Product liability: Product liability cases involve injuries caused by defective or dangerous products, such as faulty machinery or contaminated food.
- Dog bites: Dog bites can cause serious injuries, and owners may be held liable for damages if their dog attacks someone.
- Assault and battery: Victims of assault and battery may choose to file a personal injury lawsuit to seek compensation for damages, including medical bills and emotional distress.
Hoybjerg Law Firm's Process
Paul Hoybjerg is an experienced personal injury attorney representing all types of personal injury claims.
While each lawsuit and litigation differs, Hoybjerg Law follows a proven legal process to achieve results.
1. Free Initial Consultation
The aftermath of an accident can be disorienting, with insurance companies rushing you to settle, especially if you or a loved one suffered a severe injury. Our free consultation will allow you to get to know the legal team at our law firm. We'll listen to your concerns and answer your questions. Our philosophy is that if we don't win, you don't pay, reflected in our free consultation fee.
2. Investigate Your Claim
We obtain relevant reports, examine photos and videos from the scene where the accident happened, and speak to witnesses. When we have established liability, we begin to build your personal injury claim.
3. Build Your Claim
We want you to receive the care you need to live your life as close to how you did before your injury. When there is nothing more doctors can do, we help you gather your medical records, medical bills, and other medical expenses incurred. It's important to seek us out as early as possible so that you receive treatment and build your claim before the two-year statute of limitations to file a personal injury lawsuit.
4. Negotiate A Settlement
We will send out a demand package – a collection of all the medical bills and documents that illustrate your injuries, wage loss, etc., since the accident – to the at-fault party's insurance company. Paul Hoybjerg and his team will negotiate in your best interest to ensure you receive a fair settlement offer.
5. Litigate Your Case
While we hope to settle, there are times when your claim must go to court. Our team of attorneys will aggressively represent you and your family members to pursue an outcome in your best interest.
Frequently Asked Questions
About Personal Injury Cases
To prove fault in a serious personal injury law case in California, the plaintiff must:
- Establish the defendant's duty of care: The plaintiff must first show that the defendant had a legal obligation to act in a way that avoids causing harm to others. For example, a driver has a duty to obey traffic laws and drive safely.
- Show that the defendant breached their duty of care: The plaintiff must demonstrate that the defendant failed to act in a reasonable and prudent manner, breaching their duty of care. This could include actions such as driving recklessly or failing to maintain a safe environment.
- Prove causation: The plaintiff must establish that the defendant's breach of duty caused the plaintiff's injuries. This is typically done through medical records and expert testimony, which can establish a direct link between the defendant's actions and the plaintiff or client's injuries.
- Demonstrate damages: The plaintiff must demonstrate that the serious injuries sustained were significant and resulted in damages, such as medical expenses, lost wages, or pain and suffering. This can be done through documentation and evidence such as medical bills, receipts, and witness statements.
- Consider comparative negligence: California operates under a comparative negligence system, which means that the plaintiff's actions may be considered when determining fault. If the injured plaintiff contributed to the accident or injury, their damages might be reduced proportionally.
The damages that can be recovered in a personal injury claim vary depending on the circumstances of the case. Generally, a person who has been injured in an accident caused by someone else's negligence may be entitled to compensation for the following types of damages:
- Medical expenses: This includes compensation for any medical bills related to the injury, including hospitalization, surgery, medication, rehabilitation, and ongoing medical treatment.
- Lost wages: This includes compensation for any income lost as a result of the injury, including time missed from work due to hospitalization or recovery, as well as any loss of future earning capacity.
- Pain and suffering: This includes compensation for any physical pain or emotional distress caused by the injury, including anxiety, depression, and post-traumatic stress disorder (PTSD).
- Property damage: This includes compensation for any damage to property that occurred as a result of the accident, such as damage to a vehicle.
- Loss of consortium: This includes compensation for any loss of companionship, support, or intimacy suffered by the injured victims, a spouse, or a family member as a result of the injury.
- Punitive damages: In some cases, a plaintiff may be awarded punitive damages if the defendant's conduct was particularly egregious or reckless.
It's important to note that the specific damages that may be recoverable in a personal injury claim will depend on the facts and circumstances of each individual case. It's always a good idea to consult with an experienced personal injury attorney to get a better understanding of the damages you may be entitled to in your specific case.
The cost of a personal injury lawsuit in California can vary depending on several factors, such as the complexity of the case, the amount of damages sought, and the attorney's fees.
Most personal injury attorneys work on a contingency fee basis, meaning they only collect a fee if they successfully recover compensation on their client's behalf. Hoybjerg Law operates on a contingency fee.
In addition to attorney fees, other costs may be associated with a personal injury lawsuit, such as court filing fees, expert witness fees, and costs related to gathering evidence and conducting investigations. These costs can add up quickly and may be paid upfront by the plaintiff or deducted from the final settlement or judgment.
Personable Personal Injury Lawyers
At Hoybjerg Law, your free case evaluation, legal counsel, and legal fees – your entire legal recourse – are paid for by your settlement. Our law firm always has the incentive to help you recover compensation because you don't pay if we don't win. That's our entire business model, including catastrophic injuries and other types of personal injury cases.
Most personal injury attorneys work for big law firms based in Los Angeles or the Bay Area. Paul Hoybjerg and his team live in the area they represent, ensuring Hoybjerg Law clients have a local advocate to reach a fair settlement.
Paul takes the time to listen to clients to determine the strength of their personal injury claim and has successfully won cases for his clients against major corporations, goliath insurance conglomerates, and other attorneys that try to bully injured parties. Paul does not back down and advocates for his clients, ensuring their voices are heard, and their rights are protected.