Frequently Asked Questions

A personal injury is an injury to one’s person. That is, it can be a physical injury to one’s body, an emotional-psychological injury, or both. A personal injury can also involve damage to one’s reputation or standing in the community.  Fraud may be considered a personal injury, so might trespass or damage to one’s property. Personal injury can also include a violation of civil rights, a loss of freedom or abuse to an elderly person. Defective products can and often do cause personal injuries.  So do defective premises such as faulty stairwells, slippery floors and unsafe sidewalks. A dog bite is a personal injury. Auto accident victims often suffer personal injuries. There are many types of personal injuries and discussing your potential case with a lawyer is the very best way to understand your personal injury claim.

Generally, people are compensated for personal injuries when those injuries are caused by the negligence or intentional acts of others. Negligence is failing to act reasonably under the circumstances, that is, doing something that a reasonable person would not do, or failing to do something that the law requires reasonable persons to do. There must be a causal connection between negligence and a personal injury in order for there to be a valid personal injury case.    Intentional acts that harm people without justification also give rise to liability for personal injuries. Here again, talking with an experienced personal injury lawyer can help you determine if you have a valid legal case.

The reason the law seeks to compensate people for some types of personal injuries is centered in the belief that the person or company responsible for the injury should be the one who pays for it. Also, the person or company in the best position to avoid the injury is the person or company that should pay.  For example, a company that makes a defective product that causes personal injury to a child has the best opportunity to make a safer product and should therefore be liable when unsafe products cause injury.

The lawyers at Cutrone & Associates have represented hundreds of personal injury victims both in settlement and at trial.  We understand personal injury law as that is all we do and all we have done for over 17 years.  With over 25 million dollars in proven results, our satisfied clients are our best endorsement.

Talking with a lawyer will help you understand your rights and your options.  Many personal injury lawyers will gladly provide you with a free, no obligation consultation.  There are often many legal nuances that can potentially deprive you of your right to make a claim for damages.  For example, without knowing what the statute of limitations is for your case, you could find yourself strung along by an insurance company until the statute expires and your right to make a claim is lost forever.  This is not at all uncommon.  A California personal injury attorney can advise you as to your best course of action.  Even if you choose to handle your claim yourself, it is still a good idea to meet with a Los Angeles personal injury lawyer for a free, no obligation consultation.  That way you can have a better idea as to what kind of case you have and what you might reasonably expect.

At Cutrone & Associates we offer all our potential clients a  free, no obligation consultation with a California licensed personal injury attorney.  We are happy to meet with you or discuss your case over the telephone.  Just give us a call.

It’s true, more and more personal injury attorneys are advertising on the internet. Many have slick websites touting their successes and claiming to be experts is every aspect of personal injury law. But not all personal injury lawyers and law firms are created equal. Its hard to know which firm to call, especially when you’re dealing with an accident or an injury.

There are several categories of personal injury law firms.  One type is often referred to as a “mill practice.”  The description is fitting because these firms process dozens if not hundreds of cases each month.  Most of the cases handled by these firms are auto accident claims. The key word here is “process.”  More often than not, mill type practices will sign up an auto accident case and the client never or seldom meets with the attorney.  Claims are “processed” by assistants or paralegals in the most expeditious but not necessarily the most advantageous way for the client.  Another type of personal injury firm caters to big cases only.  Major injury and wrongful death cases with big damages are what these firms seek.  Unless your case has big damages,  some of these firms will not be interested.

The best way to choose a personal injury lawyer or law firm  is to think about what you want and need in a lawyer.  If you want personal attention to your case with regular contact with an attorney, then a mill practice is probably not for you.  If you want your case to be considered important by the law firm you choose, make sure that that the type and size of cases the firm handles closely matches your own. You want the lawyer you retain to consider your case no less important than any other case in his/her office.

Choose a lawyer and law firm with at least 10 years experience in the area of practice best matched to your case. Be sure to meet with an attorney, not just his/her assistant or paralegal.  Ask questions. Does the attorney have a track record of success winning cases such as yours?  Has the attorney been to trial and if so, how many times?  Will the attorney seek a quick settlement to avoid going to trial. In short, you want to know that the lawyer you chose has the skills and abilities, the experience and the tenacity to maximize a successful outcome for your case.  You want an attorney who will spend time with you and discuss your expectations for your case and be available should you have questions along the way.

If you are a driver injured in an auto accident in California, your recovery is limited if you didn’t have your own car insurance or there was no insurance on the vehicle you were driving at the time of the accident. Without auto liability insurance in place, you are entitled to recover only damages for medical bills, lost wage and other economic damages. However, you cannot recover non-economic damages such as pain and suffering.   This scenario is different if you are not the driver, but rather a passenger who is injured in motor vehicle accident. In that case it does not matter if you are covered by an auto insurance policy, you are still entitled to recover both economic and non-economic damages.

California insurance companies convinced our legislature to enact Proposition 213 in 1996 to save them money. But Prop 213 also has the effect of denying motorist, injured through no fault of their own, of a full recovery because they were unable to obtain auto insurance. The lesson here of course is that if possible, be sure you have insurance on your vehicles and that any vehicle you drive is insured.

Almost always the driver who hit you while you were legally in a crosswalk will be liable for your injuries.  But if you were crossing against the signal, that is, when the light facing you as a pedestrian is telling you not to cross, then there is a chance that you will not recover damages against the driver or more commonly, liability for your injuries will be split (and not always evenly) between you and the driver.  This is known in the law as comparative negligence.  The “split” or apportionment of liability is fact based and varies from case to case.

Some crosswalks are not controlled by a signal.  Here, the pedestrian usually has the right of way, but must still use reasonable caution while crossing the street.

You might not think it, but even something as seemingly cut and dry as being hit while in a crosswalk has its fair share of gray areas.  It’s always best to call an California personal injury attorney with auto v pedestrian experience to double check your own particular situation.

The California car accident attorneys at Cutrone & Associates have handled many auto v pedestrian crosswalk cases,both with and without a signal.  Call for a free, no obligation consultation.  An California auto accident attorney will meet with you or if you prefer, answer your questions right over the phone.  (818) 344-1737.

If you’ve been injured in an accident, whether a car accident, a slip/trip and fall or by a defective product, chances are some other person or entity is responsible for those injuries.  The very first thing you should do is protect your health.  Go to your nearest emergency room and/or see your doctor without delay.  Make sure that your injury is properly managed by well trained, experienced health care providers.  Remember, no amount of money is a substitute for your health and well being.

If you are confused about where to get the right health care for your injury, or if you don’t have health insurance, a personal injury attorney can help. Very often, seasoned personal injury attorneys work with doctors, nurses, physical therapists and even surgeons and surgery centers who are experienced with accident injuries and who will often provide treatment on a lien basis. Lien based treatment means that payment is deferred until your case is concluded and at that time, payment is made to your health care providers from your case recovery.  This generally works out very well particularly for persons who do not have health insurance.

But a word of caution, a lien is not a forgiveness of payment nor does it mean that payment is due only if you recover money from your lawsuit or claim. A lien is simply a deferral of payment which at some point will come due, regardless of the outcome of your case.  For this reason, our firm will not encourage lien based treatment when liability for a client’s injuries is unclear or uncertain and the client does not have his/her own health insurance. We don’t want our clients to end up with medical bills they cannot pay. Generally, in such cases we look for other alternatives to lien based treatment.  Here again is another reason for talking with a personal injury attorney who understands the nuances of managing and presenting these kinds of cases.

Another thing to keep in mind is that important evidence concerning your accident and injuries must be preserved as early as possible.  Often times witnesses move on, memories fade and hopefully, injuries heal or at least improve.  That’s why its important to consult with an California Personal Injury Attorney as soon after your accident as possible.  That lawyer should take steps to not only collect important evidence relating to liability and damages, but to take steps to preserve it should it be needed when it comes time to make a claim or present a case to a jury.

Also,  pay attention to any statutes of limitations affecting your claim. For example, in California, the statute of limitations on personal injury claims is generally 2 year unless your claim  is against a health care provider in which case it is 1 year.  If your claim is against a government entity, then the statute of limitations to file a Government Claim is only 6 months.  The point is that there are many different statutes of limitations and an equal number of winkles to each.  If the statute of limitations is not met, then the case is barred from proceeding in court.

Given all the nuances of an accident injury, the most important thing you can do if you’ve been injured  is to make an appointment as soon as possible with an experienced personal injury attorney who will discuss your rights and remedies and explain all of your options.  The attorneys at Cutrone & Associates offer free, no obligation one-on-one personal consultations where your case is explained to you in great detail and your options thoughtfully discussed.  If you’ve been injured in an accident, please call Cutrone & Associates at (818) 344-1737.