San Diego Personal Injury Lawyer

Injuries can create significant expenses for a person, from medical bills to property damages to even losing out on wages because of missed work. There are also psychological costs involved as well. According to the law, though, these costs are the responsibility of whoever was at fault for the injury. A San Diego personal injury lawyer, like those at The Law Firm, can help you get the restitution you deserve.

What a San Diego Personal Injury Lawyer Does

A San Diego personal injury lawyer acts as your representative and is responsible for seeking fair compensation for the costs that you’ve suffered as a result of your injuries. We investigate the situation in which you sustained the injuries, This can enable us to identify who is liable and gather evidence that can prove their fault.

However, before going to court, it can often be advantageous for both parties to consider a settlement. We can negotiate on your behalf through this process, and the presence of a lawyer can often push the negotiation process forward. We understand how to work with those on the other side to find a fair agreement, and they may be further motivated to do so, as our presence indicates a strong possibility of going to trial. They may wish to avoid the time and expense of that outcome.

There will be times, though, when it’s just not possible to reach an agreement that works for both sides. If this happens, we can make the case for you in court. We can use the evidence we’ve gathered to argue for the defendant’s fault and the restitution that you deserve.

What Compensation Is Available in a Personal Injury Claim?

The compensation in a personal injury claim is meant to cover only those costs that are a direct result of the injuries that you suffered. We need to demonstrate the connection between cost and injury. This is why it’s critical that you keep a thorough record of your costs, such as medical bills, property damages bills, and any other documentation that you might have. Those costs which are proven to be associated with the injuries will be compensated in two forms:

• Economic Damages: For costs that have an evident financial element, there are economic damages. Primarily, these damages will address medical bills, the costs of property damage repair or replacement, and any lost wages from missing work. If your injuries are serious enough to require ongoing medical care or prevent you from returning to the same level of work, future medical bills and lost earning capacity will also be addressed.
• Non-Economic Damages: For those costs which are psychological or emotional, there are non-economic damages. This includes concerns like pain and suffering, PTSD, mental anguish, and loss of enjoyment in life. Although money doesn’t provide a solution for these issues, the compensation could provide an indirect benefit by reducing stress elsewhere in life.

In some cases, it’s possible that punitive damages could also be awarded. However, these are not based on the costs that you incurred but rather on the behavior of the defendant. They are only awarded when the court believes that the actions of the defendant were ill-intentioned or egregious in some way. When we look at your case, we can give you an idea of whether there is a possibility of these being awarded in your situation.

Another important consideration is California’s doctrine of pure comparative negligence for personal injury claims. These rules allow the defendant the opportunity to argue that the plaintiff was at least partially responsible for their own injuries. If that is successfully proven, then your compensation will be reduced proportionately to the share of fault that the court believes that you bear. For instance, on a $200,000 award where the plaintiff is seen to be 30% at fault, the final damages paid will be $140,000.

Proving Fault in a Personal Injury Claim

Fault in a personal injury claim is established by proving that the defendant committed negligence. The burden of this proof falls on the plaintiff and will rely on the evidence from our investigation of the situation. It will also require proving three elements:

Duty of Care

The first thing that needs to be proven is that the defendant had a duty of care to the plaintiff. This means that they had a duty to give consideration to how their actions could potentially impact others, and they must have taken reasonable precautions to minimize these risks.

For instance, a driver of a vehicle has a duty to operate it responsibly and in a way that doesn’t create extra danger for others around them. Another example would be that a property owner has a duty to ensure that their property is safe and secure for lawful visitors.

Breach of Duty

It will then need to be shown that the defendant failed to meet the duty required of them. This often means demonstrating what they did and describing how that didn’t reach the duty of care.

Cause

Finally, that breach of duty must be the direct cause of the injuries that the plaintiff suffered. Often, this means showing that the breach caused an accident and that the accident caused the injuries.

Seek the Restitution That You’re Owed

When you’ve been injured because of someone else’s negligence, the situation can be disheartening and frustrating. As you face the collection of bills on top of the psychological impact of the injuries, it’s important to realize that you have a legal right to collect on those costs. This may mean trying to get compensation directly from the party that caused your injuries or, as may often be the case, seeking restitution from an insurance company that the liable party has a policy with.

Either way, it’s important to realize that attempting to collect on these costs may be met with some resistance. However, when you work with a San Diego personal injury lawyer, like one at The Law Firm, you can have someone experienced at handling this resistance. Whether by settlement or going to court, we understand how to argue for the restitution that you deserve. Contact us today for help seeking compensation for your injuries.