Experienced Personal Injury Lawyer
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’s Law Firm 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.
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.
Investigate The Accident
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.
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.
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.
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.
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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.
Types of Personal Injuries
Motor Vehicle Accident Injuries
Whiplash and Neck Injuries: Common in rear-end collisions.
Traumatic Brain Injuries (TBIs): Resulting from head impacts.
Spinal Cord Injuries: Leading to paralysis or chronic pain.
Broken Bones: Fractures from crashes involving cars, trucks, or motorcycles.
Soft Tissue Injuries: Sprains, strains, and contusions.
Slip and Fall Accident Injuries
Hip Fractures: Often severe in older adults.
Knee and Ankle Injuries: Resulting from twists or falls.
Wrist and Hand Injuries: Common from breaking a fall.
Head Injuries: Including concussions and skull fractures.
Workplace Accident Injuries
Repetitive Strain Injuries (RSIs): Such as carpal tunnel syndrome.
Construction Site Injuries: Falls, equipment accidents, or scaffolding collapses.
Exposure to Hazardous Materials: Leading to respiratory or chemical burns.
Medical Malpractice Injuries Surgical Errors: Including wrong-site surgery or anesthesia mistakes.
Birth Injuries: Such as cerebral palsy or brachial plexus injuries.
Misdiagnoses: Leading to delayed or incorrect treatment.
Defective Product Injuries (Product Liability)
Toxic Exposure: From defective chemicals or unsafe products.
Dangerous Consumer Products: Such as faulty electronics or machinery.
Pharmaceutical Injuries: Side effects or harm from defective drugs.
Premises Liability Injuries
Dog Bites and Animal Attacks: Leading to scarring or infections.
Swimming Pool Accidents: Such as near-drowning incidents.
Negligent Security Injuries: Harm caused by assaults on poorly maintained properties.
Catastrophic Injuries
Amputations: Loss of limbs due to accidents.
Severe Burn Injuries: From fires, explosions, or chemicals.
Permanent Disfigurement: Scars or other life-altering physical damage.
Other Types of Injuries
Bicycle and Pedestrian Accidents: Resulting in fractures or brain injuries.
Public Transportation Accidents: Injuries on buses, trains, or rideshares.
Sports or Recreational Injuries: From equipment failure or negligent supervision.
Emotional Distress: Psychological harm related to physical injuries.
Common Causes of Personal Injuries
Distracted Driving: Texting, talking on the phone, eating, or using in-car technologies.
Driving Under the Influence: Alcohol or drugs impairing a driver’s judgment and reaction time.
Speeding: Exceeding speed limits or driving too fast for road conditions.
Reckless Driving: Aggressive behaviors like tailgating, weaving in and out of traffic, or road rage.
Failure to Yield: Not giving the right of way to pedestrians, cyclists, or other vehicles.
Running Red Lights or Stop Signs: Ignoring traffic signals and causing accidents.
Wet or Slippery Floors: Spills, ice, or water left unattended in public spaces or private properties.
Uneven Surfaces: Potholes, cracks, or uneven sidewalks that create trip hazards.
Inadequate Lighting: Poorly lit areas that make it difficult to see hazards.
Cluttered Walkways: Obstructions like furniture, debris, or construction materials in walkways.
Lack of Signage: Absence of warning signs about slippery or hazardous conditions.
Falls from Heights: Workers falling from ladders, scaffolding, or roofs.
Repetitive Motion Injuries: Conditions like carpal tunnel syndrome from repetitive tasks.
Heavy Machinery Accidents: Malfunctions or improper use of industrial equipment.
Chemical Exposure: Injuries from exposure to toxic chemicals, fumes, or hazardous materials.
Electrocution: Electrical injuries caused by faulty wiring or improper safety practices.
Faulty Consumer Products: Defective electronics, appliances, or toys causing burns, injuries, or even death.
Dangerous Medical Devices: Devices like implants or surgical tools that malfunction.
Defective Automotive Parts: Malfunctioning brakes, tires, or airbags leading to accidents.
Toxic Products: Items like toys, cleaning products, or food that cause poisoning or harm.
Surgical Errors: Incorrect procedures, wrong-site surgery, or anesthesia complications.
Misdiagnosis: Failure to identify or treat a medical condition, resulting in harm.
Prescription Errors: Incorrect medications or dosages leading to adverse reactions.
Birth Injuries: Injuries to newborns caused by medical negligence during delivery.
Inadequate Security: Poorly maintained security systems or lighting, leading to assaults.
Dog Bites: Animal attacks resulting in physical injury, especially from dangerous breeds.
Swimming Pool Accidents: Drownings or near-drownings, often due to insufficient supervision or unsafe conditions.
Weather Conditions: Injuries caused by snow, ice, or heavy rain.
Falling Objects: Items that fall from shelves, windows, or construction sites.
Toxic Exposure: Harm from asbestos, mold, or other environmental toxins in the workplace or home.
Sports-Related Injuries: Accidents during contact sports, cycling, or other recreational activities.
Inadequate Equipment: Faulty or improperly used sporting equipment, such as helmets or pads.
Lack of Supervision: Inadequate oversight during youth sports, leading to injuries.
Common Personal Injuries
Concussions: A mild traumatic brain injury caused by a blow to the head.
Traumatic Brain Injuries (TBI): More severe brain damage from impacts or accidents.
Skull Fractures: Broken bones in the skull, often requiring surgery.
Contusions: Bruising or bleeding within the brain tissue.
Cognitive Impairment: Memory loss, confusion, or difficulty concentrating following a brain injury.
Spinal Cord Injuries: Partial or complete paralysis, typically from trauma.
Herniated Discs: Bulging or ruptured discs in the spine, leading to pain or numbness.
Whiplash: Soft tissue damage to the neck and upper back from sudden jerking movements.
Fractured Vertebrae: Broken bones in the spine leading to limited mobility or pain.
Arm and Leg Fractures: Broken bones in limbs, often from falls or accidents.
Hip Fractures: Common in elderly individuals, often requiring surgical intervention.
Pelvic Fractures: Injuries to the pelvis, typically caused by car accidents or falls.
Rib Fractures: Frequently occurring in high-impact accidents like car crashes or falls.
Sprains and Strains: Injuries to muscles or ligaments caused by stretching or tearing.
Tendinitis: Inflammation of a tendon, often caused by repetitive motion or overuse.
Bruising: Internal bleeding causing discoloration and swelling, commonly seen in impact injuries.
Torn Ligaments or Tendons: Common in sports injuries or falls.
Knee Injuries: Sprains, tears, or fractures to the knee joint or ligaments.
Shoulder Injuries: Rotator cuff tears or dislocations from falls or heavy lifting.
Ankle Sprains and Fractures: Common in slip-and-fall accidents or sports injuries.
Elbow Injuries: Fractures or dislocations from high-impact events.
Organ Damage: Injury to organs like the liver, spleen, or kidneys from blunt force trauma.
Internal Bleeding: Hemorrhaging inside the body that may require emergency treatment.
Pneumothorax (Collapsed Lung): A lung injury, often due to rib fractures.
Bowel or Bladder Injuries: Organ damage often requiring surgery, typically from car accidents.
Road Rash: Abrasions caused by sliding on rough surfaces, typically from motorcycle accidents.
Lacerations: Deep cuts that may require stitches or surgical repair.
Burns: Thermal or chemical burns, ranging from minor to severe.
Abrasions: Superficial skin injuries caused by friction with a rough surface.
Post-Traumatic Stress Disorder (PTSD): Emotional distress following an accident or traumatic event.
Depression and Anxiety: Common psychological effects from physical injuries or the impact of an accident.
Emotional Distress: Mental suffering from the effects of an injury, especially long-term or catastrophic ones.
