GROUNDS FOR SAN DIEGO PERSONAL INJURY CLAIMS

If you or a loved one were injured in an accident or incident in the San Diego, California area, you may be wondering, “Do I have grounds for a personal injury lawsuit?” If the incident was caused in whole or in part by negligent, reckless, or intentional behavior on someone else’s part, you may have grounds for a personal injury case in San Diego.

Under California personal injury law, someone is negligent when they fail to use the level of care that a reasonable, careful person would use in similar circumstances. Someone is reckless when they take action knowing there is a high probability that their conduct will cause harm to another. Someone acts intentionally when they plan to commit an act or are substantially certain an outcome will result from their actions. For example, when someone swings a punch, that is intentional behavior.

Negligent behavior is the most common legal basis that San Diego injury attorneys use to bring personal injury cases on behalf of their clients, but it often includes other legal grounds for recovering compensation for personal injuries. An experienced personal injury attorney can assess what grounds and theories have the greatest chance of success in a given case.

COMMON TYPES OF SAN DIEGO PERSONAL INJURY CASES

Personal injury lawsuits arise in many different ways. Car accidents, including rideshare accidents and taxi cab accidents, are one of the most common causes of personal injury claims, but there are many others, including:

• Dog bites
• Motorcycle accidents
• Commercial Truck accidents
• Boating accidents
• Bicycle accidents
• Construction accidents
• Aviation accidents
• Slip and falls
• Pedestrian accidents

San Diego has more outdoor sports-related and pedestrian-related personal injury cases than many other locations because its year-round great weather leads people to spend more time outside.

INJURIES FROM SAN DIEGO PERSONAL INJURY CASES

San Diego personal injury cases can range in severity. Some incidents cause relatively minor injuries while others cause catastrophic injuries and even death. Some common types of injuries that victims in a San Diego personal injury case may suffer include:

• Cuts, scrapes, and bruises – Cuts, scrapes, and bruises result in virtually every personal injury case. Their severity varies from superficial to life-threatening.
• Burn injuries – Burn injuries are some of the most devastating and painful injuries that result from personal injury cases. They can result from fires, chemicals, scalding water, or electrical contact.
• Broken bones – Car accidents, trip and fall accidents, and other types of incidents can result in broken bones which may warrant a personal injury lawsuit.
• Traumatic brain injury (TBI) – These types of injuries can be devastating for victims and their families. Victims may suffer life-long problems, ranging from depression to complete inability to perform routine tasks.
• Spinal cord injury – Spinal cord injuries are caused by car accidents, impact accidents, and other personal injury accidents. The spinal cord plays a crucial part in the body’s ability to move and injury to it can hamper movement, cause pain, and in the most severe cases leave a person paralyzed.
• Whiplash – A common car accident injury, whiplash could result in long-term pain for victims. While some people only require a few weeks to recover, others can wait months for a full recovery.
• Internal bleeding and injuries – Internal bleeding can result from personal injury accidents. These types of injuries are particularly dangerous because they are often not immediately obvious so they continue to cause harm until they are detected.
• Medical problems caused by devices or drugs – Lawsuits have been filed as a result of dangerous drugs and defective devices (such as hips or mesh implants). If you have suffered any medical problems due to a problem with medication or a medical device, you should consult a San Diego personal injury attorney with experience in handling these types of cases.

The physical and financial harm caused by the injuries suffered can be extensive. In a San Diego personal injury case, you may be able to recover compensation for the following types of damages (harm) suffered:

• Past and future medical expenses
• Lost wages
• Lost or impaired future earning capacity
• Disability
• Pain and suffering
• Loss of enjoyment of life
• Loss of consortium (damage to marital relationship)
• Funeral expenses
• Punitive damages (sometimes)

PERSONAL INJURY CLAIMS ON BEHALF OF OTHERS

In some situations, you can bring a personal injury claim on behalf of another person or for harm you suffered because of that person’s injury or death. These types of claims typically arise when a parent, spouse, or child was the direct victim of harm in a San Diego personal injury case.

WHAT HAPPENS IF MY CHILD IS A VICTIM OF A SAN DIEGO PERSONAL INJURY? CAN I FILE A LAWSUIT?

Under California laws, if a minor child is injured due to negligence, a lawsuit can be filed on their behalf. In these cases, the courts would appoint a guardian ad litem to protect the best interests of the child. Any settlement would be for the benefit of the child.

WHAT OPTIONS ARE AVAILABLE IF MY SPOUSE, PARENT, OR CHILD DIES DUE TO SOMEONE’S ACTIONS IN SAN DIEGO?

If someone’s negligent or reckless behavior or deliberate act resulted in the death of a loved one, you may have the grounds to file a survival claim on their behalf and/or wrongful death claim in your name.

These types of San Diego personal injury cases can be extremely complicated. However, a San Diego personal injury attorney can help determine whether you can bring a wrongful death claim and/or a survival claim and determine the type of compensation you are entitled to.

No amount of money can ever compensate you for the loss of a loved one. However, you and your family should not have to bear the financial burden of the loss of income or the loss of benefits that your loved one would have provided had their lives not been cut short due to negligence or deliberate action.

SURVIVAL CLAIM

A survival claim is brought by the deceased person’s estate for damages they suffered before their death. To pursue survival damages, the deceased person must have incurred some harm prior to their death. The time period between the injury causing event and death need not be long, even a few moments may be enough for a survival action to be brought.

The personal injury damages that can be pursued are generally the same as those that the deceased person could have pursued if they survived. Punitive damages can be pursued in some cases, and damages for pain, suffering, or disfigurement by the decedent are also recoverable.

WRONGFUL DEATH CLAIM

A San Diego wrongful death claim in a personal injury lawsuit is brought by the close family members for the harm they have suffered as a result of the death of their loved one. Some of the damages you may be able to pursue in a wrongful death claim are:

• Loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, training, and guidance – This is a broad category and includes loss of consortium and counsel.
• Loss of income or financial support – The financial devastation a family could face when a breadwinner suddenly loses their life is significant. Claiming lost wages can help keep your family from falling into financial ruin.
• Loss of gifts or benefits – Gifts and benefits that you would have expected to receive from your loved one.
• Burial expenses – Expenses associated with the funeral and burial of your loved one.

Punitive damages are unavailable in a wrongful death claim unless the death was the result of a homicide.

Your relationship to the decedent is a key factor in determining whether you are eligible to pursue wrongful death claim. These claims are quite complex and mourning your loss leaves little time to deal with the details of your case. Hiring an experienced personal injury attorney in San Diego will help reduce some of your stress by placing responsibility for pursuing your personal injury case into experienced hands.

INSURANCE COMPANY PRESSURE

Do not let insurance company representatives pressure you into accepting less than you deserve. Insurance companies typically want to settle cases quickly and cheaply and sometimes attempt to pressure families into making important decisions during their time of grief. It’s important not to make important financial decisions in haste. Instead, focus on grieving and healing, and leave the legal details to our trusted team.

SAN DIEGO PERSONAL INJURY FREQUENTLY ASKED QUESTIONS

If you have suffered personal injuries as a result of a car accident, defective product, dog bite, or other incident, chances are you have some questions about San Diego personal injury law and your legal options.

Below are answers to some of the most commonly asked questions that injured persons first ask their personal injury attorney about bringing a personal injury claim. Every case is unique and if you have additional questions or want a free case evaluation regarding your personal injuries, contact Gomez Trial Attorneys at (619) 237-3490 or here to schedule your free consultation with a San Diego injury attorney.

HOW CAN YOU DETERMINE WHO IS RESPONSIBLE FOR MY SAN DIEGO PERSONAL INJURY?

Sometimes, determining who is responsible for an injury is simple. For example, if you suffer an injury due to a drunk driver, it is likely that the drunk driver is the only one at fault. However, if your injury resulted from an accident with a truck driver, there may be multiple parties that are responsible for the accident and liable for your injuries.

An experienced San Diego personal injury lawyer knows what to look for in determining who may be responsible for the injuries you have suffered. For example, if a truck driver caused an accident because he was driving while drowsy, his employer may be partially responsible for not enforcing the rules. Your San Diego personal injury attorney will use different tools such as interviews, obtaining and reviewing documents, and possibly hiring an investigator to make sure they get an accurate picture of any and all parties to pursue a claim against.

THERE IS A POSSIBILITY I CANNOT RETURN TO WORK DUE TO MY INJURIES – WHAT HAPPENS NOW?

Unfortunately, there are cases where victims suffer a very serious injury, such as a spinal cord injury, resulting in full and permanent disability. You may have the right to hold the responsible party financially accountable for the losses that you and your family suffer as a result of your injuries. You may be entitled to file a lawsuit for not only the current wages you are losing in the immediate aftermath of the injury but for future lost wages and benefits. This is why it is so important that you seek legal help. You want to make sure that your family’s standard of living is not compromised because of someone else’s negligence.

HOW LONG WILL IT TAKE TO SETTLE A SAN DIEGO PERSONAL INJURY LAWSUIT?

There are no easy answers to this question because it depends on many factors. First, remember that many cases may never go to trial because the insurance company involved is willing to negotiate with your lawyer and offer a fair settlement. If this happens, your case is going to settle sooner.

However, if the insurance company is not reasonable and your case is headed to trial, it would take time to get a court date, pick a jury, handle the trial, and receive a verdict. Once the verdict is handed down, it may still take some time before you see any money from the award because it could be appealed. Speak with your San Diego personal injury attorney about time frames during your initial consultation.

HOW MUCH COMPENSATION CAN BE RECOVERED IN A SAN DIEGO PERSONAL INJURY LAWSUIT?

This is one of the most difficult questions asked by victims of personal injury. The simple (if unsatisfying) answer is: it depends. Personal injury compensation can range from hundreds of dollars to millions of dollars.

Where a particular case falls in the range depends on the strength of the argument that the other party is legally liable as well as the degree of harm suffered. For example, a person who suffers a broken leg from falling down a flight of stairs because the handrail was broken is likely to recover far less in compensation than a person who suffered traumatic brain injury in a car accident.

Some types of compensation you might pursue include the costs of medical bills, compensation for lost wages, damage to personal property, pain and suffering, and—in some cases—you may ask for punitive damages. Contact the San Diego injury lawyers at Gomez Trial Attorneys for a free case evaluation to learn about the strength of your case and the compensation you may be able to pursue.

WHAT HAPPENS IF AN INSURER MAKES AN OFFER SOON AFTER AN ACCIDENT WHERE I SUFFERED A SERIOUS PERSONAL INJURY IN SAN DIEGO?

It is highly recommended that in this situation you contact a San Diego personal injury lawyer immediately.

At Gomez Trial Attorneys, we see this all the time. One tactic insurance companies use to try to pay out less in settlements is making a quick offer. In fact, many victims who have suffered serious injury are often told that the insurance company is offering them the “maximum amount” they will pay out for their claim.

The reality is that the insurer is hoping the victims will not reach out to an experienced attorney with a proven track record of handling personal injury cases. You may be entitled to far more than the offer suggests. Generally, by accepting the initial offer, you are forfeiting the right to seek additional payment for medical bills and other costs incurred as a direct result of your injuries.

I WAS INJURED BY A DRUNK DRIVER – THEY ARE FACING CRIMINAL CHARGES. WHAT DOES THIS MEAN FOR A SAN DIEGO PERSONAL INJURY CLAIM?

Drunk drivers cause untold harm to victims in San Diego, California. Depending on various circumstances, the driver could be facing criminal charges in addition to being responsible for your injuries. However, you should be aware that criminal cases and personal injury cases are not the same. Victims may still have the right to pursue a personal injury lawsuit (a civil action) regardless of any criminal charges the responsible party is facing.

Not only would you not need to wait for the criminal case to be determined, but you should also be aware that a not-guilty verdict will not necessarily decrease the strength of your personal injury suit. The two cases are entirely separate from each other. When trying criminal cases, the prosecutor must prove criminal conduct. When a civil case goes to court, your lawyer need only prove the person who caused your injury acted negligently and that your injury would not have occurred had it not been for their negligence.

WHAT HAPPENS IF THE INSURER CLAIMS MY INJURIES ALREADY EXISTED?

Call us—this is a fairly common practice among insurance companies after a claim is filed. For example, assume you have had problems with your back, or headaches that you successfully treated in the past. If you are in an accident that results in a head or back injury, chances are these problems are going to be exacerbated.

This does not mean the person who was responsible for your injury cannot be held accountable. In fact, they could still be liable for your injuries. Make sure you discuss your prior medical history with your lawyer so they understand that this is something that may come up during the lawsuit.

WHAT HAPPENS IF AN INSURER MAKES AN OFFER SOON AFTER AN ACCIDENT WHERE I SUFFERED A SERIOUS PERSONAL INJURY IN SAN DIEGO?

You should contact our San Diego personal injury lawyers immediately. We see this all the time.

One of the tactics that some insurers use to pay out less in settlements is making a quick offer. In fact, many victims who have suffered serious injury are often told that the insurance company is offering them the “maximum amount” they will pay out for their claim.

The reality is that the insurer is hoping the victims will not reach out to an experienced attorney with a proven track record of handling personal injury cases. You may be entitled to far more than the offer suggests. Generally, by accepting the initial offer, you are forfeiting the right to seek additional payment for medical bills and other costs incurred as a direct result of your injuries.

I WAS INJURED BY A DRUNK DRIVER—THEY ARE FACING CRIMINAL CHARGES. WHAT DOES THIS MEAN FOR A SAN DIEGO PERSONAL INJURY CLAIM?

Drunk drivers cause untold harm to victims in California. Depending on various circumstances, the driver could be facing criminal charges in addition to being responsible for your injuries. However, you should be aware that criminal cases and personal injury cases are not the same. Victims may still have the right to pursue a personal injury lawsuit (a civil action) regardless of any criminal charges the responsible party is facing.

Not only would you not need to wait for the criminal case to be determined, you should also be aware that a not-guilty verdict will not necessarily decrease the strength of your personal injury suit. The two cases are entirely separate from each other. When trying criminal cases, the prosecutor must prove criminal conduct. When a civil case goes to court, your lawyer need only prove the person who caused your injury acted negligently and that your injury would not have occurred had it not been for their negligence.

WHAT HAPPENS IF THE INSURER CLAIMS MY INJURIES ALREADY EXISTED?

Call us—this is a fairly common practice among insurance companies after a claim is filed. For example, assume you have had problems with your back, or headaches that you successfully treated in the past. If you are in an accident that results in a head or back injury, chances are these problems are going to be exacerbated.

This does not mean the person who was responsible for your injury cannot be held accountable. In fact, they could still be liable for your injuries. Make sure you discuss your prior medical history with your lawyer so they understand that this is something that may come up during the lawsuit.

SAN DIEGO PERSONAL INJURY LAWYER FREQUENTLY ASKED QUESTIONS

If you or someone you love has suffered personal injuries in San Diego and are considering bringing a lawsuit for compensation, you likely have questions about how the process works and how to find the best personal injury attorney in San Diego for your case. The following are answers to the most frequently asked questions about hiring a personal injury lawyer in San Diego.

WHAT DOES A PERSONAL INJURY LAWYER DO?

A San Diego personal injury attorney provides legal representation to someone that has been hurt in an incident or accident caused by someone else’s negligence, recklessness, or intentional conduct. A San Diego personal injury lawyer is an advocate for their client. Their top priority, at all times, is their client’s best interests.

The injury lawyer manages the case for the client at all stages. They conduct an initial case evaluation, investigate claims, develop legal theories, negotiate with the other parties, file pleadings and motions with the court, and when needed represent the client at trial.

CAN I FILE A PERSONAL INJURY SUIT ON MY OWN?

You can technically file a personal injury lawsuit pro se, meaning representing yourself, without a San Diego injury attorney representing you. However, for the reasons discussed below, it is rarely a good idea. Even attorneys hire other attorneys to represent them in San Diego personal injury lawsuits.

IS IT WORTH GETTING A PERSONAL INJURY LAWYER?

Yes, it is worth hiring a San Diego personal injury lawyer to represent you in your case. There are a lot of procedures and details involved in a San Diego personal injury case that can easily be missed if you are not familiar with how these cases operate. For example, if you do not file your case within a certain deadline, called the statute of limitations, you will not be able to pursue your claim at all. Additionally, you may not be aware of all of the legal claims and damages you can seek and could miss out.

The other side will be represented by attorneys, usually provided by insurance companies. These teams of attorneys typically have a lot of experience and financial resources. Insurance companies are notorious for trying to use your lack of knowledge regarding the personal injury lawsuit process to their advantage. It is important to have a San Diego personal injury lawyer, or team of lawyers, that can advocate on your behalf and stop insurance companies from using unfair tactics.

WHEN SHOULD YOU CONTACT A PERSONAL INJURY LAWYER?

You should contact a San Diego personal injury lawyer as soon after your accident as possible. Insurance companies begin working on the case immediately and you should too to ensure a level playing field. Hiring a personal injury attorney as soon as possible will also help prevent you from making any common mistakes in early settlement discussions with the insurance company because your lawyers will manage negotiations on your behalf.

HOW DO I FIND THE RIGHT PERSONAL INJURY LAWYER?

The best personal injury lawyer in San Diego is the one that is the best fit for you. You can look for potential attorneys on Google, by asking for word-of-mouth referrals, and through the San Diego Bar Association’s lawyer referral service.

Things to consider when determining the best personal injury lawyer for you include:

• The lawyer’s experience and reputation
• Whether the lawyer works alone or as part of a team
• What type of support the attorney has from other attorneys and legal support staff
• The personal injury lawyer or law firm’s record
• Reviews provided by others
• Whether communication styles are a good fit
• Whether they have interpreters if you speak Spanish or another language

Questions you may want to ask prospective attorneys include:

• What type of experience do you have working on similar cases?
• Can you tell me about the outcomes of the past cases your San Diego personal injury firm has worked on?
• What is your assessment of my case?
• How can I get in touch with my San Diego injury attorney?
• How will you keep me updated on the status of my case?

HOW MUCH DOES A PERSONAL INJURY LAWYER COST IN SAN DIEGO?

It is common to be worried about whether you can afford a personal injury attorney. San Diego personal injury cases often cause financial stress. Your injuries may make it more difficult or even impossible to work. Your medical expenses for prescriptions and care may be piling up. But there is good news. Working with a San Diego personal injury lawyer usually does not require any money out of pocket upfront.

Your initial consultation with reputable San Diego personal injury attorneys, including Gomez Trial Attorneys, is free. Then, if you decide to move forward, San Diego personal injury lawyers typically take cases on a contingency fee basis. In a contingency fee arrangement, your personal injury attorney does not take any money up front. Instead, you sign an agreement that if you recover compensation through a settlement or after trial, the attorney will get a percentage of that recovery. The percentage can vary but is usually around a third of the amount recovered.

CONTACT OUR SAN DIEGO PERSONAL INJURY LAWYERS TODAY

OUR SAN DIEGO PERSONAL INJURY ATTORNEYS CAN ANSWER QUESTIONS

Here, we’ve discussed the most common questions victims ask personal injury lawyers, but you may have other questions about personal injury cases and about working with a San Diego injury attorney.

Contact us at 833-GET-GOMEZ or here to set up your free personal injury case consultation. At Gomez Trial Attorneys, we’ve helped our clients collectively recover hundreds of millions of dollars and are here to make sure you too get the full compensation you are entitled to.