San Diego Personal Injury Lawyer

After an injury in San Diego, it can be difficult to know if you have a legal claim. Most injury claims are based on negligence, which can take many forms.

If you were injured by another party, you likely have a personal injury case. Here are some situations where you may be entitled to compensation:

• A driver runs a red light and causes a collision.
• A property owner fails to fix a known hazard, leading to a slip and fall.
• A dog owner doesn’t properly restrain their dog, resulting in a bite injury.
• A doctor makes a mistake that causes harm during medical treatment.

If you believe your injury was caused by someone else’s negligence, contact our experienced personal injury attorneys. We’ll help you understand your legal options.

Most injury attorneys work on a contingency fee basis, meaning you pay nothing upfront. Instead, your lawyer only gets paid if they recover compensation for your injuries. If such cases, your attorney will take a pre-agreed-upon percentage of your award as payment.

This arrangement makes legal representation accessible to everyone, regardless of their financial situation. It allows you to focus on your recovery while your attorney handles your case.

The value of your personal injury claim in San Diego will depend on a variety of factors, as no two cases are alike.

Generally, the more severe your injuries and the greater their impact on your life, the more compensation you can expect to receive.

When evaluating your damages, attorneys will assess the following:

• The severity of your injuries
• Your current and future medical expenses
• Your lost wages and any impact on your future earning capacity
• The extent of your physical and emotional pain and suffering
• Whether you share any responsibility for the accident
• The parties involved in the incident
• The available insurance coverage and its limits

The best way to determine the value of your claim is to consult an experienced San Diego personal injury law firm. Choosing an attorney with a strong track record in personal injury cases can make a difference in achieving a favorable outcome.

San Diego accident victims are often able to recover economic damages for financial losses and non-economic damages for emotional suffering.

Economic damages may include: 

• Medical bills 
• Property damage 
• Lost wages
• Out-of-pocket expenses
• Reduced earning capacity 
• Physical therapy 
• Rehabilitation 

Non-economic damages include: 

• Emotional distress
• Mental anguish 
• Pain and suffering 
• PTSD
• Anxiety 
• Depression 
• Loss of consortium 
• Diminished quality of life 
• Disfigurement and scarring 

Punitive damages may also be awarded at trial in cases involving oppression, fraud, or malice. These damages are rarely awarded and are used to punish defendants. 

A skilled personal injury attorney can assess the extent of your damages and pursue any available compensation. 

Most personal injuries occur as a result of negligence. This means that you typically must prove that the at-fault party acted negligently in order to recover compensation. 

You must establish the following elements by a preponderance of the evidence: 

• A duty of care is owed
• The duty of care was breached 
• The breach of duty caused your injuries 
• You suffered damages 

The following evidence is often used to prove negligence: 

• Medical records 
• Medical bills 
• Accident reports 
• Surveillance footage 
• Photos 
• Videos 
• Expert witness testimony 
• Eyewitness statements 
• Property repair estimates 

If you can successfully prove that negligence occurred, you may be entitled to recover compensation for your injuries and losses.

Most personal injury cases are resolved prior to going to trial. However, if a fair settlement agreement cannot be reached, the insurance company denies your claim, or your damages are undervalued, it may be necessary to go to trial. A willingness to go to trial can help improve settlement negotiations and strengthen your claim as more evidence is revealed through pre-trial discovery. 

While your case may be settled at the negotiation table, it is essential to work with an experienced trial attorney who can develop an effective strategy for your case and is prepared to win in court.

In California, you typically only have two years to file a personal injury lawsuit. You also have two years to bring a wrongful death claim after losing a loved one. If you do not bring your case before the statute of limitations expires, you will be barred from recovering damages in court. 

It can be difficult to keep track of crucial deadlines in your case while also focusing on healing from your injuries and moving forward with your life. A dedicated attorney can help ensure you don’t miss filing deadlines and the opportunity to recover the compensation you deserve. 

Don’t delay getting the help you need in the aftermath of an accident in California. Contact a personal injury attorney as soon as possible after an accident or injury occurs.