The risk of accidental injury is an ever-present reality in our daily lives. It only takes a moment of negligence or recklessness on someone’s part to cause harm to others. Whether it is a distracted driver causing a car accident, a property owner failing to maintain their premises in a safe condition, or a company selling defective or dangerous products, the consequences of negligence can be devastating for the injured victims.
California’s legal system recognizes the right of individuals who are injured due to the negligence of others to seek compensation through a personal injury claim. If you have been injured in a car accident, slip and fall accident, or any other accident caused by someone else’s negligence, you need the assistance of an experienced Santa Monica personal injury attorney to get the compensation you deserve.
At Crown & Stone Law P.C., we have a team of capable and committed Santa Monica personal injury lawyers with extensive experience handling a diverse range of personal injury claims – from car and truck accidents to premises liability claims and wrongful death. We bring a deep understanding of California personal injury law, unmatched courtroom experience, and personalized attention to each case we take on.
We can protect your rights, provide you with the legal guidance you need, and fight aggressively to obtain maximum compensation for your injuries and other losses while you focus on what matters to you the most – your recovery. We work on a contingency fee basis, so you do not have to pay us unless we win your case and recover compensation.
Call us today at 844-240-0444 to schedule a free consultation with an experienced Santa Monica personal injury lawyer.
Types of Personal Injury Claims We Can Handle
Our Santa Monica personal injury lawyers have extensive experience handling a wide array of personal injury claims, including:
Car Accidents: Car accidents are one of the leading causes of ER visits, hospitalizations, and deaths in California. Our experienced personal injury lawyers have a proven track record of success in handling car accident claims and can help you navigate the complex process of seeking compensation for your injuries.
Motorcycle Accidents: Motorcycle accidents often result in serious injuries due to the lack of protection for riders. Our attorneys understand the unique challenges of motorcycle accident cases and will fight to protect your rights.
Truck Accidents: Accidents involving commercial trucks can cause life-altering injuries, disabilities, and fatalities. Our truck accident lawyers have the knowledge and resources to take on large trucking companies and their insurers to pursue the compensation you deserve.
Pedestrian Accidents: Pedestrians are vulnerable to serious injuries when struck by motor vehicles. If you have been injured in a pedestrian accident, our attorneys will work tirelessly to hold the responsible parties accountable.
Slip and Fall Accidents: Property owners in Santa Monica must maintain their premises in a safe condition. If you have been injured in a slip and fall accident due to the negligence of a property owner, we can help you pursue compensation for your injuries.
Product Liability: If you have been injured by a defective or dangerous product, you might be entitled to compensation from the manufacturer, distributor, or retailer. Our product liability attorneys have the experience and resources to handle complex product liability claims.
Dog Bites: Dog owners are responsible for controlling their pets and preventing them from causing harm to others. If you have been bitten or attacked by a dog, our dog bite attorneys can help you pursue compensation for your injuries and other damages.
Other Injury Claims: Our lawyers in Santa Monica are also fully equipped to handle claims related to rideshare accidents, rental car crashes, negligent security injuries, construction site accidents, medical malpractice, and wrongful death, among others.
No matter the type of personal injury case, our dedicated legal team at Crown & Stone Law P.C. is here to provide you with dedicated legal representation and recover the largest possible compensation you are entitled to.
How Our Santa Monica Personal Injury Attorneys Can Prove Negligence of the At-Fault Party
Under California law, four legal elements of negligence must be proved in a personal injury claim. They are duty of care, breach of duty, causation, and damages. Here’s how our Santa Monica personal injury attorneys can prove each element of negligence in your claim:
Duty of Care
The first element to be proved is that the defendant owed you a duty of care. It means that they had a legal obligation to act reasonably carefully and avoid causing harm to others. To prove this element, we will review all the relevant laws, regulations, and industry standards and demonstrate that the defendant had a duty to act with reasonable care under the circumstances.
Breach of Duty
The next step is to establish that the defendant breached their duty of care by failing to act as a reasonable person would have acted under similar circumstances. To prove this element, we will collect evidence to demonstrate how the defendant’s actions or inactions fell short of the standard of care expected in the given situation. Depending on the type of claim, we will obtain surveillance footage, witness statements, expert testimony, and other relevant evidence to prove this element.
Causation
The next step involves proving that the defendant’s breach of duty caused your injuries. To prove this element, our lawyers will obtain your medical records, doctor’s reports, accident reconstruction reports, expert testimony, and other related evidence and establish a clear link between the defendant’s actions or failure to act and your injuries.
Damages
The last step involves proving that you suffered actual damages due to the defendant’s breach of duty. We will gather evidence to quantify the extent of your damages – including medical and rehabilitation expenses, lost earnings, loss of earning capacity, pain and suffering, and other losses. We may work with medical professionals, rehabilitation experts, economists, and other specialists to make sure that all damages are properly documented and presented.
Steps Involved in Pursuing a Santa Monica Personal Injury Claim
Initial Consultation
The first step in filing a personal injury claim in Santa Monica is to schedule an initial consultation with an experienced personal injury lawyer at our firm. During this meeting, we will discuss the details of your case, including how the injury occurred, the extent of your injuries, and the impact they have had on your life. We will also review any evidence you have – including your medical records, accident reports, photos and videos taken at the accident scene, and other evidence.
Investigation
Once we agree to represent you, our team will conduct a thorough investigation into the circumstances surrounding your injury. This might include gathering additional evidence from the accident scene, interviewing witnesses, and consulting experts to determine fault and liability and calculate the extent of your damages.
Demand Letter
After completing our investigation, we will send a demand letter to the responsible party or their insurance company. This letter outlines the details of your case – including the extent of your injuries, the medical treatment you have received, the legal basis of your claim, and the compensation you are seeking.
Negotiation
Upon receiving the demand letter, the responsible party or their insurance company might choose to negotiate a settlement. Our attorneys will negotiate with the claims adjuster on your behalf and demand a settlement that adequately compensates you for your injuries and other damages.
Filing a Lawsuit
If a fair settlement cannot be reached through negotiation, we will file a lawsuit on your behalf. This involves preparing and filing a complaint with the appropriate court and serving the defendant. Once the lawsuit has been filed, the discovery process begins, during which both parties exchange evidence and information relevant to the case.
Settlement or Trial
Throughout the litigation process, we will continue to negotiate with the opposing party to try and reach a fair settlement. If a settlement cannot be reached, your case will proceed to trial, where a judge or jury will determine the outcome.
Pitfalls to Avoid in Your Personal Injury Claim in Santa Monica
Admitting Fault
One of the biggest mistakes you can possibly make after an accident is admitting fault or making statements that can be interpreted as an admission of fault. Even saying “I’m sorry” or “I should have been more careful” can be interpreted as an admission of fault and used against you. It is why you should not say anything to anyone following an accident.
Delaying Medical Treatment
Failing to seek prompt medical attention after an accident can weaken your case significantly. Insurance companies might argue that your injuries were not severe or that they were caused by something other than the accident.
Giving Recorded Statements to the Insurance Company
Following an accident, you should not give recorded statements to the insurance company. The claims adjuster might ask you loaded questions and try to get you to say something incriminating to undermine your claim and reduce your compensation.
Posting on Social Media
It is common for insurance companies to monitor plaintiffs’ social media accounts to find evidence that can be used to undermine their claims. It is why you should not post anything related to the accident or your injuries on social media. These posts can be taken out of context and used to challenge the severity of your injuries or the circumstances of the accident.
Settling Too Quickly
Accepting a settlement offer from the insurance company before the full extent of your injuries is known can result in you receiving less compensation than you deserve. No matter what the adjuster might say, you do not have to accept the offer they make if it does not compensate you adequately for your injuries and other losses.
Not Hiring an Experienced Lawyer
Perhaps the most significant mistake you can make is trying to handle your personal injury claim on your own. Insurance companies have teams of lawyers whose job is to minimize the amount of compensation they pay out. They will not hesitate to bend the rules to get away with paying you the lowest settlement possible. Without strong legal representation from an experienced personal injury lawyer in Santa Monica, you might not be able to get the settlement you deserve.
Personal Injury Statute of Limitations in Santa Monica, CA
In Santa Monica, the statute of limitations for filing a personal injury claim is generally two years from the date of the injury. However, there are exceptions to this rule and it is essential to understand the circumstances under which the statute of limitations can be tolled or paused.
Discovery Rule
In cases where the injury is not immediately apparent, the statute of limitations can be tolled until the injury is discovered or should have been discovered through reasonable diligence. For example, in cases of internal organ injury, the statute of limitations can be tolled until the symptoms appear.
Minors
If the injured party is under the age of 18 at the time of the injury, the statute of limitations is tolled until the minor reaches the age of 18. For example, if a child is injured in a car accident at the age of 10, they would have until their 20th birthday to file a personal injury lawsuit.
Mental Incapacity
If the injured party is mentally incapacitated at the time of the injury, the statute of limitations can be tolled until they regain capacity. For example, if someone suffers a traumatic brain injury in an accident and is in a coma for an extended period, the statute of limitations might be tolled until they regain consciousness.
Delayed Discovery of Harmful Product
If the injury is caused by a defective product, the statute of limitations may be tolled until the plaintiff discovers or should have discovered the defect. For example, if a plaintiff is injured by a defective medical device, the statute of limitations might be tolled until they become aware of the device’s defect.
Claims against the Government
For claims against government employees or entities, you are required to file a claim within a period of six months from the date of injury.
Our Santa Monica Personal Injury Lawyers Can Maximize Your Settlement
One of the biggest strengths of our personal injury lawyers in Santa Monica is their extensive litigation experience and a proven track record of success in the courtroom. Here’s how we can use our litigation experience to our advantage and negotiate a fair settlement for you:
Ability to Go to Trial: Insurance companies know that we are prepared to take cases to trial if necessary. Our years of litigation experience, our network of investigators and experts, and our willingness to invest in the time and resources required to pursue litigation gives us credibility as a formidable opponent. This often motivates insurance companies to offer fair settlements rather than risk facing a jury.
Strong Case Preparation: We know what it takes to build a strong case for trial. From thoroughly investigating your accident to gathering evidence, interviewing witnesses, and working with experts, we will leave no stone unturned to build the strongest case possible. Through this comprehensive case preparation, we can demonstrate to the insurance company that we are fully prepared to go to trial, which can significantly increase the likelihood of a favorable settlement.
Countering the Insurer’s Tactics: Our experience allows us to anticipate and counter the arguments and tactics used by insurance companies to minimize settlements. We know what strategies to employ to recover the maximum amount of compensation possible.
Proven Trial Record of Success: Our firm has a proven track record of success in securing favorable verdicts and jury awards for our clients. It is one of the key reasons why insurance companies take us seriously, as they know that we have the experience and expertise to win in court if a fair settlement cannot be reached.
Personal Injury Damages Our Santa Monica Lawyers can Recover for You
- Medical Expenses: We will seek compensation for all medical expenses related to your injury – including hospital bills, doctor’s visits, surgery, medication, physical therapy, and any future medical expenses you might incur.
- Lost Wages: If your injury has caused you to miss work, we will seek compensation for your lost wages and any loss of earning capacity. This includes both past and future lost wages.
- Pain and Suffering: We will seek compensation for the physical pain and emotional suffering you have endured as a result of your injury.
- Psychological Damages: If you have developed mental health disorders like anxiety disorders, clinical depression, or post-traumatic stress disorder (PTSD) as a result of the accident, we will seek adequate compensation for these damages – including the cost of cognitive behavioral therapy and other treatments you might need.
- Loss of Enjoyment of Life: If your injury has affected your ability to enjoy life and participate in activities you once enjoyed, we will seek compensation for the loss of enjoyment of life.
- Loss of Consortium: If your serious accident has affected your relationship with your spouse or partner, we will seek compensation for the loss of consortium.
- Punitive Damages: In cases of extreme negligence or intentional wrongdoing, we will seek punitive damages, which are intended to punish the defendant and deter similar conduct in the future.
Wrongful Death Damages Our Santa Monica Personal Injury Lawyers can Recover for You
If you have lost a loved one in an accident, we can help you file a wrongful death claim and help you get monetary compensation to ease the financial burden caused by the tragic loss of your loved one. The damages we can recover include:
- Funeral and Burial Expenses: We will seek compensation for the funeral and burial expenses incurred as a result of your loved one’s death.
- Loss of Financial Support: We will work to recover compensation for the financial support and benefits that your loved one would have provided to you and your family if they had survived.
- Loss of Household Services: We will seek compensation for the value of the household services that your loved one would have provided – including childcare, home maintenance, and other household duties.
- Loss of Companionship and Consortium: We will seek compensation for the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support that your loved one provided to you and your family.
- Pain and Suffering of the Decedent: In some cases, we might be able to recover compensation for the pain and suffering that your loved one experienced as a result of their fatal personal injuries before their death.
Personal Injury Damages Caps in Santa Monica, CA
Under California law, there is no cap on the amount of compensatory damages or punitive damages you can recover in a personal injury case. The amount of compensation you can recover depends on the severity of your injuries, their impact on your life, and various other factors.
Medical malpractice claims are the only exception to this rule. Under California’s Medical Injury Compensation Reform Act (MICRA), the amount of non-economic damages that can be recovered is capped at $390,000 for non-fatal medical malpractice cases and $500,000 for fatal medical malpractice cases.
Get Legal Representation from Proven and Trusted Personal Injury Lawyers in Santa Monica, CA
An accidental injury can impact your life in more ways than you can imagine. From physical pain to emotional distress, psychological trauma, reduced earning capacity, and financial losses, the consequences of your injury can be serious and long-lasting. At Crown & Stone Law P.C., we are committed to helping personal injury victims get the justice and compensation they deserve. We can represent you, fight for you, and go the extra mile to recover every dollar you are owed.
From soft tissue injury cases to catastrophic personal injury cases – we are familiar with the unique challenges associated with each claim. We know how to maximize the value of each claim we handle and have a proven track record of recovering large financial compensation for our clients. Call our Santa Monica injury law firm today at 844-240-0444 or get in touch with us online to schedule a free, no-obligation consultation with one of our seasoned personal injury attorneys.