Personal Injury Law
Being injured from an accident or malpractice can dramatically affect all aspects of your life. There is legal recourse, but the law varies and is complicated. At Heimberg Barr, we strive to be the best back injury and spinal cord injury attorneys in California, allowing you to navigate the complex field of law. You need a qualified and experienced personal injury attorney on your side, fighting for you every step of the way.
What is personal injury law?
Personal injury law (also known as tort law) allows you to go to civil court and get a legal remedy (damages) for all losses stemming from an accident or other incident. The purpose of the personal injury system is to allow you to be compensated financially after you have suffered harm due to someone else's carelessness or intentional conduct. If you believe you might need legal representation from experienced lawyers, contact us at Heimberg-Barr.
Legal Basis for a Lawsuit
There is a wide variety of situations where personal injury rules apply. If you have experienced any of these situations, you may qualify to file a lawsuit.
Accidents
These are situations where the defendant acted in a manner that was negligent, resulting in harm to the plaintiff. Examples include:
- Car accidents
- Slip and fall accidents
- Medical malpractice
At Heimberg-Barr, we can provide some of the best legal representation for car accidents and medical malpractices in California. We have years of experience under our team's belt with the added unique value of Dr. Heimberg's medical field background.
Intentional Acts
An intentional act occurs when the defendant intentionally acted in a way that caused harm to the plaintiff. Examples include:
- Assault
- Battery
Defective Products
This is where the defendant wasn’t intentionally or neglectfully harmful to the plaintiff but is liable to the harm caused to the plaintiff. Examples include:
- False product liability claims
- Defective products
- Unsafe products
How Does a Personal Injury Case Work?
Each situation is different, requiring special attention to decide the best course of action in court. However, there are some standard steps that most cases share.
- An individual or group is harmed by another. The injured party becomes the plaintiff, the other party is the defendant.
- It is determined that the defendant is liable for the accident, intentional act or defective product. This will vary widely depending on your situation. For example, doctors have the responsibility to provide medical care competently. If through neglect or accident, they are liable to a suit.
- Settlement talks occur. If it is clear to all involved that the defendant is at fault, then they may wish to settle out of court.
- If you agree to a settlement, the case ends. If you do not, you may may go to court and file a personal injury lawsuit. A settlement can still be reached at any time during the proceedings before the civil case is handed over to the jury for a finding as to the defendant’s liability.
Schedule a consultation
Please contact our office immediately if you have a back injury or spinal cord injury that you feel is the result of an accident or malpractice.