Personal Injury FAQs

Any injury is a bad injury, but an injury caused by someone else is especially terrible. Depending on its severity, an injury has the potential to be life changing. Not only can it affect every day activities, but it can destroy someone’s overall quality of life, as well, whether it be at work, home or with the family. It may lead to loss of income and massive out-of-pocket medical expenses or worse. It is extremely important that if you have been injured because of the negligence or misconduct of another, you find legal representation as soon as possible. At Neale & Fhima, we litigate personal injury cases in Orange County and the rest of Southern California with a 99 percent success rate. Contact us for a free consultation and we will evaluate the merits of your claim, and help you decide the best course of action for your circumstances.

What is a Personal Injury?

US Legal.com defines personal injury as an “ injury which is caused accidentally by another’s failure to use reasonable care. The definition of reasonable care is determined on a case-by-case basis. A person may be liable for the injury caused through negligent or reckless action. The injury to the plaintiff must be caused by and be a foreseeable result of the defendant’s action.” In short, a personal injury is an injury caused by the negligence or misconduct of another.

Personal injuries can be the result of almost any action, from injuries received in an accident because of an impaired driver, a slip and fall accident because of a wet floor or a myriad of others. They include injuries to the body, emotions and mind, but not to property.

Common Causes of Personal Injuries

• Accidents and illness abroad
• Brain and spinal cord injuries
• Crime and abuse
• Faulty products
• Industrial diseases
• Road accidents
• Sports injuries
• Transport
• Work accidents and illness

Most Common Types of Personal Injury:

• Back injuries, e.g., caused by lifting heavy or awkward objects
• Post traumatic stress disorder, e.g., following a serious road accident, fire, explosion or military service
• Whiplash, e.g., car accident
• Hand/wrist injuries, e.g., RSI, carpal tunnel syndrome
• Ear injuries, e.g., noise-induced deafness from workplace noise
• Head injuries, e.g., road accident, physical assault, sports
• Psychiatric injuries, e.g., stress, workplace bullying, accident
• Leg injuries, e.g., sports, cycling accidents, slips, trips and falls
• Eye injuries, e.g., foreign body in eye, chemical splashes, sports, physical assault
• Arm injuries, e.g., workplace, sports, falls

Do Personal Injuries have to be Physical Injuries?

No. Sometimes psychiatric injuries can be much worse than ones that cause bodily harm. For example, an extremely traumatic experience can lead to Post Traumatic Stress Syndrome (PTSD), a condition that can be extremely debilitating and demand years of treatment. Some injuries, such as severe burns, cause the victim to suffer embarrassment and self-consciousness due to scarring or disfigurement.

What Sort of Compensation is Available for a Personal Injury Claim?

There are two types of damages sought in personal injury cases. The first is compensatory. Compensatory damages are generally monetary awards used to replace what was lost, such as money paid for medical treatment. Punitive damages go beyond the monetary value and are used to punish the defendant for egregious behavior. These are some of the common areas for which you can seek compensation in a personal injury claim:

Special Compensatory Damages

• loss of earnings
• loss of future earnings
• medical bills
• cost of future medical care
• household expenses
• costs associated with cancelled trips or altered plans.

General Compensatory Damages

• pain and suffering
• mental anguish
• loss of consortium or companionship,

What are the Costs to Litigate a Personal Injury Claim?

Litigation can be expensive. Research, planning, fees and the cost of going to court itself can be overwhelming. That’s why legal representation is so important. If Neale & Fhima agrees to take your case, you will pay no out-of-pocket expenses. The first consultation is free, and we take no payment whatsoever unless we successfully complete your case. Neale & Fhima has a 99 percent success rate in its cases.

How Long do Cases Generally Last?

There is no simple answer to this question. Each claim is different, and the length of time depends heavily on the variables: the claim itself, the nature of the injury, the defendant and the defendant’s willingness to settle. There are many other considerations to take into account, as well, and because of this there is no simple answer.

How Much Compensation May I Receive for my Claim?

As with trial length, there is no one simple answer. Again, the variables will determine the total settlement or judgment — the extent of the injury, the willingness of the defendants to settle, and many other factors must be taken into consideration. NOLO has a general worksheet to help determine basically how much you could reasonably expect to ask for in most cases. Note that extenuating circumstances often change the formula. View the worksheet here.

Neale & Fhima has over 40 years of legal experience and are proud to have helped thousands of people in Orange County and all of Southern California receive the compensation they deserve. They are committed to being open, honest and responsive to your needs and will fight for you every step of the way.