California Personal Injury Trial And Appellate Lawyers

Whenever you are injured as a result of someone else’s actions, you need to take immediate action. At Kashfian & Kashfian, LLP, we fight for every penny you deserve. Our firm has successfully represented clients in Los Angeles and across Orange County in cases involving:

• Car accidents
• Truck accidents
• Assault and battery
• Harassment
• Defamation, slander and libel
• Wrongful death

Whether you have been wronged or someone else claims you have wronged them, we stand as your ally to protect and defend your rights. Our firm truly believes in the integrity of the justice system, and will not settle until we believe you have reached a fair outcome.

Intentional Torts Vs. Negligence: Understanding Your Type Of Claim

Most personal injury lawsuits fall into one of two categories – intentional torts and negligent conduct. Intentional torts often involve illegal behavior, such as assaulting a person or intentionally damaging their reputation through defamation. Those filing intentional tort claims must prove that the other party acted with the intention of harming or offending them.

Many personal injury claims stem from claims of negligence, which may involve either engaging in obviously unsafe behavior or failing to do what is reasonably necessary for the safety of others. Many slip-and-falls lead to claims of negligence in civil court, as other reasonable adults may recognize that poor maintenance caused hazardous conditions that led to an injury.

Determining whether the claim has a basis in intentional torts or negligence can affect the strategy developed for litigation, the proof necessary and even how the other party might respond to the claim. Insurance may not apply to intentional torts, which can reduce opportunities for actually securing financial compensation.

Economic Vs. Noneconomic Damages: What You Can Actually Recover

Economic damages are verifiable expenses you incur due to the misconduct or negligence of another party. With documentation, the economic losses you can request compensation for include:

• Medical bills: Existing medical bills and future medical costs estimated by life care planners based on life expectancy information and career income data
• Lost wages: Income lost while recovering
• Lost future earning potential: Lost future wages estimated by vocational professionals
• Property damage: Repair or replacement expenses
• Loss of household services: The cost of securing support for tasks you cannot complete
• Economic damages generally have a basis and provable expenses.

Noneconomic damages are subjective or intangible losses that impact your life after an injury. California allows you to request a number of noneconomic damages, including:

• Emotional distress: Depression or anxiety after an injury
• Loss of enjoyment of life
• Loss of consortium or society: The social impact of injuries or wrongful deaths
• Disfigurement or physical impairment
• Pain and suffering

Unlike some states, California does not limit economic or noneconomic damages, with exceptions for medical malpractice lawsuits.

Under Civil Code § 3294, you can ask for punitive damages if the party at fault acted with malice, fraud or an intent to oppress you. The burden of proof is higher for punitive damages, as you need clear and convincing evidence of the other party’s misconduct, not just a preponderance of the evidence.

A Seasoned Team Of Trial Attorneys

With over 60 years of combined experience, we have the skill and tenacity to litigate even the most complex cases in California. Whether in or out of the courtroom, we aggressively advocate for the restitution you need and deserve. And we won’t rest until you receive justice – our firm is known to take the fight through California and federal appellate courts, often securing victories that overturn losses at the trial level.

Our attorneys measure success by the success we have achieved for our clients. Learn more about some of our recent victories on the Case Results page.

High-Stakes Cases We Take To Appeal: Overturning Trial Court Errors

Sometimes, things go wrong during personal injury litigation. In those situations, you may need the support of an attorney familiar with the appellate process and demonstrating proof of an error during the trial. Common errors include improper jury instructions regarding negligence or damages, the exclusion of expert testimony or evidence from an incident and mistakes made when calculating damages. 

In some cases, the courts may have made a mistake when allocating comparative fault. Other times, there could be an excessive remittitur order that inappropriately reduces the damages awarded by a jury. Abuses of discretion during evidentiary hearings, “de novo” issues regarding the interpretation of the law and substantial evidence supporting factual findings can provide the basis for an appeal.

As the appellant, you must generally act quickly. Your attorney submits briefings to the courts, which can take several months. The courts may have up to 90 days to review the case and enter a ruling.

Many personal injury law firms do not have experience with appeals and may not be able to represent clients during the appeals process. The team at Kashfian & Kashfian, LLP, is capable of taking your case through the California Court of Appeals and all the way to the California Supreme Court if your trial results are unjust.

Frequently Asked Questions About Personal Injury Claims

After you get hurt, you may have many questions about your rights. Learning about personal injury claims can help you optimize your compensation.

Can I still file a claim if the accident happened months or even a year ago?

Yes, you have the right to pursue personal injury compensation after the initial collision. If you intend to file a personal injury lawsuit, you have up to two years from the date of the crash to file the necessary paperwork. However, it is generally wise to begin the process well before that two-year anniversary approaches. Attorneys need time to gather evidence and generate the necessary paperwork.

Should I accept the insurance company’s first settlement offer?

No, you likely should not accept a first settlement offer. Unless the insurance adjuster has made an offer that is at the applicable policy limit, there is probably room to negotiate for better terms. Insurance professionals typically make lowball first offers because they expect to negotiate. If you immediately accept the offer, you then have no right to request additional compensation even if you incur additional expenses.

Do most personal injury cases settle or go to trial?

The vast majority of personal injury cases settle outside of court. Settling out of court is typically faster, and it can also protect the privacy of everyone affected by the incident. However, litigating is sometimes necessary to secure the optimal amount of compensation. You generally want to partner with a Los Angeles-area personal injury lawyer who is willing to take the case to trial if necessary.

Can I handle my personal injury claim without a lawyer?

Yes, you technically can handle a personal injury claim without legal representation, but it is usually unwise and likely what the insurance company or the party at fault for your injuries wants you to do. A personal injury attorney can help you understand the law and make sense of insurance coverage.

They can advocate on your behalf by negotiating with insurance providers while helping you build your case to go to trial successfully. You are more likely to secure optimal terms with the support of a lawyer.

Schedule A Consultation With Our Lawyers

When you are wronged by another party, we are here to help. For personal injury, intentional torts or any other form of civil litigation, call our office at (310) 751-7578 to get started with your case – or reach out online to schedule your first consultation.