A personal injury case involves a demand by an injured person for financial compensation after injuries caused by someone else’s negligence. When you can prove that another person or entity failed to follow a duty of care to you and that failure caused injuries and damages, you can pursue a personal injury claim. If you or a loved one were injured due to negligence, a San Diego personal injury attorney can help.
Personal injury cases can be based on car accidents, truck accidents, slips and falls, medical malpractice, dog bites, pedestrian accidents, and a wide range of injuries involving negligence or intentional wrongdoing. No matter what leads to your personal injury claim, it is important to hire an experienced personal injury lawyer to handle your case in California. Choosing the right lawyer can simplify a complicated process and help you obtain the financial recovery you deserve.
Elements of a Negligence Case in California
The elements of negligence are:
- Duty. The at-fault party must have had a duty to act safely or take certain measures to avoid an accident. Drivers, for example, have duties to obey traffic rules and drive with respect for the safety of other drivers.
- Breach of duty. When people fail to follow their duty of care in a situation, then they’ve breached their duty. For example, a driver running a red light has breached their duty of care to other drivers at the intersection.
- Causation. There needs to be a link between the defendant’s conduct and your injuries. There can be no intervening factors responsible for causing the damage.
- Damages. Due to the defendant’s breach of duty, you must have suffered actual damages caused by their actions. Damages can include medical bills, lost wages, out-of-pocket costs, and other losses.
Plaintiffs in a California personal injury case must prove the four elements of negligence to establish legal liability.
What Is the Burden of Proof in a Personal Injury Case?
California courts use a “preponderance of the evidence” standard as the burden of proof in a personal injury case. The plaintiff must prove, then, that it was more likely than not that the defendant’s negligence caused their injuries.
Another way to view it is that there must have been more than a 50% likelihood the defendant acted negligently. An experienced San Diego personal injury attorney can explain how this threshold works and how to meet it in a personal injury case.
What Evidence Is Used in a Personal Injury Case?
Evidence in a personal injury case can include the following:
- Physical evidence. Items and materials from the accident scene can be important pieces of the puzzle in a personal injury case.
- Documents. Medical bills, property damage estimates, receipts, medical reports, and pay stubs are examples of documents that can help prove both liability and damages in a personal injury case.
- Camera footage. Photos and video footage can help prove what happened and how. With surveillance cameras commonplace, if you were injured in a public setting, there is a good chance your accident was captured on camera.
- Witness testimony. Witnesses can include eyewitnesses to the accident or expert witnesses used to support theories involved in your personal injury case.
- Police reports and law enforcement testimony. In most car accidents, for example, law enforcement will be called to the scene to create a report. This report, along with testimony of first responders, can help explain what happened.
A seasoned personal injury lawyer can help you gather and analyze the relevant evidence for your case.
What Are Damages in a Personal Injury Case?
Damages typically fall into two categories: economic damages and non-economic damages.
Economic damages include the actual expenses involved after you’ve been injured in an accident. Medical bills are almost always included in economic damages in a personal injury case. Other economic damages can include lost wages, reduced future earnings, out-of-pocket costs caused by the accident, property damages, and costs of future medical treatment.
Non-economic damages include the intangible costs caused by your accident. Mental anguish, pain and suffering, loss of companionship, disfigurement, disability, and other forms of lasting trauma can be translated into dollar values in a personal injury case. Experienced personal injury lawyers will know how to estimate the true value of your non-economic damages in a personal injury claim.
Will My Personal Injury Case Go to Trial?
Even after a lawsuit is filed, an estimated 95% of personal injury cases will settle before going to trial. Your personal injury lawyer will handle pre-trial settlement negotiations to maximize your financial recovery after a devastating accident. In many cases, a defendant’s insurance company will be heavily involved in settlement talks. A knowledgeable lawyer will be able to confront the insurers and fight for what you truly deserve.
If the other side does not offer a fair settlement, your lawyer will use evidence in a court trial to prove how you were hurt, who was at fault, and what you are entitled to financially.
How a Lawyer Can Help in Your Personal Injury Case
Tempting as it might be to handle a personal injury claim on your own, this approach seldom results in fair compensation for accident victims. Settlement negotiations and court proceedings are handled best by lawyers who have been there before and achieved results for their clients. Your personal injury lawyer will collect evidence to support your claim, handle all negotiations on your behalf, file a lawsuit, and go toe-to-toe with insurance companies to maximize the value of your personal injury claim.
How Much Does It Cost to Hire a Personal Injury Lawyer?
Most personal injury lawyers in San Diego work on a contingency basis, meaning you are not required to pay upfront to hire an attorney. In a contingent fee agreement, you are only responsible for attorney’s fees if you win your personal injury case. Fees and costs would then be collected from your financial award – whether that be through a settlement or jury award.
Costs involved with your personal injury case may be advanced by the law firm instead of coming out of your pocket. What this all means is that you shouldn’t let your financial circumstances keep you from meeting with a skilled, experienced San Diego personal injury lawyer.
Schedule a Free Consultation with Our San Diego Personal Injury Lawyers Today
If you or a loved one were injured in an accident, you could have important legal rights. This includes the right to fair compensation for your injuries and losses. Don’t hesitate to call our dedicated San Diego personal injury lawyers at Pines Salomon Injury Lawyers, LLP, to schedule your risk-free, no-cost consultation today.
Contact the Car Accident Lawyers of Pines Salomon Injury Lawyers in San Diego, CA for Help Today
For more information, contact an experienced car accident lawyer at Pines Salomon Personal Injury Lawyers to schedule a free initial consultation today.
We proudly serve San Diego County and its surrounding areas:
Pines Salomon Injury Lawyers – La Jolla Office
4660 La Jolla Village Dr. San Diego, CA 92122
(858) 551-2090