You were walking on your way home.  It was dark but it’s still early, about 7pm.  Then you suddenly realize there’s a bicycle headed on your way and the next thing you know you’re already in the hospital bed.   You have work the next day but you can’t get up from the hospital bed.  You’re too worried because an absence means a deduction from your salary and a minus point on your dream promotion.  Your kids have a contribution to be paid in school and you still have to buy some medicine for your spouse.  But there you are, in the hospital.  The longer you spend there, the higher your hospital bill becomes.  The incident is costing you so much and you’re losing hope.   But wait, you can do something.  You can actually file an action for damages.

Personal injury laws work to give people like you who have been injured due to the recklessness of other person/persons.  If you have been hurt and it has cost you a lot of troubles- physical and mental, you can file a suit against the person who injured you most especially when he/she does nothing to help you.  Claim for damages include medications, salary wage, and all other inconveniences you’ve experienced.

Personal injury us covered by the US Torts and Civil laws.  It refers to any form of injury, emotional or physical that anyone can obtain because of another’s negligence.  The respondent may be a private individual, a public office, a corporation or company, and any other establishment.  Though there is no imprisonment involved, personal injury claims center on compensation.

Aside from the given situation above, here are other situations when a person can invoke a claim for personal injury:

•    When the personal injury has lead to the death of a family member
•    When a person suffered from a doctor’s malpractice which results to physical and health problems
•    When an insurance refuse to pay or compensate the account holder or when the former provides insufficient assistance and negates from the agreed contract
•    When an employee suffered from mental and physical diseases at work or when an employer insults his/her worker (this can also be covered by compensation laws)
•    When there is slander, oral defamation, and libelous actuation coming from one to another person
•    When there is battery and assault
•    When there is a car accident that resulted from recklessness on the part of the offender

You can always contact San Diego personal injury lawyer law in any case you have been injured.  The lawyer will help you get the compensation that you deserve out of a horrible experience.

The San Diego Brain Injury Experts

A blow to the head is a common consequence of many types of accidents, from automobile accidents, slip and fall accidents and workplace accidents.  The experienced brain injury attorneys at the Gateway Personal Injury Law Firm, frequently represent clients who may have thought their injuries were minor at the time of their accident, but experience trauma at a later date. The fact is that many people with brain injuries may only have a minor a headache or slight dizziness in immediately after the accident.  But even minor symptoms may point to serious brain injury, commonly known as traumatic brain injury (TBI).

Our San Diego brain injury attorneys understand the medical details needed to develop an effective legal claim.  We strongly recommend you immediately seek medical attention any time you suffer a head injury.

Brain injury cases are unique, and can be challenging and complex. The attorneys at the Gateway Personal Injury Law Firm are familiar with brain injuries and their symptoms, we have access to brain injury experts who can educate jurors, judges and claims adjusters about the consequences of brain injuries.

You May Suffer Brain Injuries from

• Improper Chiropractic care
• Suffering from a concussion while playing sports like football or baseball
• Car, motorcycle, and truck accidents
• Slip and fall accidents
• Construction accidents
• Aviation and Airplane accidents

If you have suffered a brain injury in an Accident contact Gateway

Because the Statute of Limitations applies to accident and brain injury cases, plaintiffs have a limited time frame in which to file their cases. If you feel you have a personal injury or wrongful death case, it is vital that you act immediately to protect your rights. Contact Gateway Personal Injury Law Firm at 619-330-5882 today.

Aggressive San Diego Accident Attorneys

The Gateway Personal Injury Law Firm provides aggressive and tenacious accident and injury representation in the San Diego greater metropolitan area. Our firm focuses entirely on accident and personal injury cases. Large defendants and their insurance companies do not intimidate us. The insurance company’s defense attorneys know that our accident attorneys mean business.

The Gateway Personal Injury Law Firm has the resources, staff and experience to handle complex accident and personal injury cases while giving our clients the personal attention they deserve. There is no question that your rights will be protected with aggressive and tenacious determination when you have our accident attorneys on your side. All or our accident cases are handled on a contingency basis, you do not pay unless we win.

Large insurance companies have unlimited resources and lots of attorneys, so you need the accident attorneys at the Gateway Personal Injury Law Firm on your side when you have been injured in an accident as a result of someone else’s negligence.

Our Accident Attorneys will fight for compensation for injuries you suffered as a result of:

• Automobile, motorcycle, and truck accidents
• Airplane or aviation accidents
• Brain injuries
• Construction accidents
• Defective consumer products or tainted foods
• Insurance bad faith
• Medical malpractice
• Prescriptions drug interactions
• Slip and falls and a private or public place
• Violent crimes at a public venue without enough security
• Workplace injuries
• Wrongful death

Contact the Aggressive San Diego Accident Attorneys at Gateway

Because the Statute of Limitations applies to accident and personal injury cases, plaintiffs have a limited time frame in which to file their cases. If you feel you have a personal injury or wrongful death case, it is vital that you act immediately to protect your rights. Contact Gateway Personal Injury Law Firm at 619-330-5882 today.

Establishing a defense is the a crucial part of a car accident case if you are the one being charged for it or else, you may be forced to pay for damages which include hospitalization and medications, lost salary wages, psychological and physical harm, and the like.  As the defendant, you are bound to prove that it’s not your fault most especially if the evidences pointing at you are very strong.  There may be different defenses that you can establish to move away from liability or perhaps lessen it.

It is therefore important that you look for an excellent lawyer.  If you had car accident in San Diego and you are facing a lawsuit, the first thing you need to do is look for a San Diego car accident attorney.  The lawyer may be able to establish a defense to protect you from damages.

Talking about defense, here are some assertions that you can use when faced with car accident lawsuit:

1.    Defense of NO negligence

The number one thing the plaintiff or complainant has to prove is negligence on your part.  You can always assert that the incident was pure accident- that means, there is no negligence that took place.  You have to show that you just did a reasonable thing and that the situation has become imminent that there is no way to escape danger.

2.    Throwing back the negligence to the plaintiff

The next kind of defense would be to prove that the plaintiff is the one who’s at fault and not you or the other party has also been negligent.  In the latter’s case, you can be sued if you contribute to the negligence and that could be a 50-50 liability suit.  That means you would have to pay but only a portion of damages which is equal to your responsibility.

3.    Lack of evidence

This is true even with criminal offenses.  The plaintiff has the burden of proof in this case because legally speaking- there is always a presumption of innocence on the part of the defendant.  The plaintiff must be able to produce preponderance of evidence for you to be penalized.  Without sufficient proof, you are not bound to indemnify the plaintiff for any civil liability.

4.    Asserting that injuries are not compensable.

There are cases wherein complainants exaggerate their injuries or patch up another version of an accident too far from what really happened just to get bigger claim for damages.  If you may be able to prove that the plaintiff has no reasonable cause for action.

What does a personal injury lawyer do?  As a citizen from San Diego, you are entitled of civil rights and therefore you can always file an action for claim of civil damages.  All you need to do is find a reputable personal injury lawyer who will help you all through your claim and will explain to you in detail the laws on torts or civil wrong.  Personal injury doesn’t always mean to say physical injury.  It can also be in form of psychological injury which results from an imprudent or negligent act of another person, a company, the government or any of its agencies, and any other entities.   The best San Diego personal injury lawyer will be the one to represent you during the trials and entire case proceedings.  He/she will make sure there is sufficient preponderance of evidence.  Of course, since you are the complainant, you have the burden of proof and you can only establish a substantial complaint with the aid of a credible personal injury lawyer.

The usual forms of injury are physical in nature and they’re the easiest to prove.  Examples are reckless imprudence or car road incidents.  When it comes to psychological injury, it could be oral defamation, slander, insult, and so on.  The San Diego personal injury lawyer law has a lot of responsibilities.  Such obligations are set fort by legal and ethical standards which professional legal counsels should abide to always.   He/she files your petition, makes the affidavit, pleadings, and all other necessary papers for the claim and he deals with the proper authorities for the legal proceedings.   Without a counsel it would be real difficult for you to win over your petition.  It would just cost you time, money, and effort.

The personal injury lawyer gives you the details about your case and possible results thereof.    He informs you of the progress of your claim and he makes sure you know what’s happening during the entire proceedings.  If you don’t understand a thing, a lawyer will let you understand the law.  Laws are very complicated and sometimes, it’s very hard to understand them.  Personal injury lawyers are required to adhere to legal standards when dealing with their clients.  Competence is very important and lawyer should protect the interest of his/her client to the best of their ability and the client should have trust and confidence with the lawyer in return.

Car accidents are very common in the US.  DUI, no license, reckless imprudence, and similar cases are always part of news stories shown everyday on TV.  If you have been in a car accident recently, you can be in two opposite situations. One- you caused the accident or you have been severely injured because the other party concerned is basically the offender.  Two, you and the other party both don’t know whose fault it is.   Whatever you’re situation is, the very first thing you need to do is hire a lawyer.

Car Accidents – What you can do?
The second situation is usually what happens in real life.  Determining who is really responsible for the offense or the car accident is not easy to do.  If you’re the one who’s filing the lawsuit or claim, the crucial thing that you have to establish is that the other person is negligent, thus, the accident happened.  As a complainant, you have the burden of proof and you must be backed up by evidences pointing the blame to other party.  Even if you know that’s it’s indeed the fault of the other person, you can’t just say it in court without providing supporting facts and attestations.

Car accident policies vary from state to state.  In most states, lawsuits on car accidents reside on the second situation where you are the one being sued and you have to prove that you were ‘never’ negligent.

Car Accident Lawyer in San Diego
Therefore, it is important that the San Diego car accident lawyer law that you’re going to hire is knowledgeable enough on the matter.  He/she must be able to help you prove that you are indeed entitled for compensation.  A car accident lawyer centers on laws that relate to it.  Good lawyers can defend the defendant and back up the complainant.

Claim for damages include medical or hospital bills, lost wages, moral and emotional distress, and pain caused as well as the suffering.  If the car accident leads to death of anyone, the claim for damages becomes more severe.  The defendant when convicted may be asked to pay for huge amount of money.  If you’re the one being sued for a car accident, it is highly important that you know possible defenses that work.  The lawyer that you’ll hire will bear this responsibility.  He/she will find the best defense that will help you get through the suit or perhaps, lessen the penalties.

How Much Time Do I have to File a Personal Injury Lawsuit in San Diego?

California Code of Civil Procedure Section 335.1 is the Statute of Limitations Code Section applicable to all Personal Injury and Wrongful Death cases. These cases include accidents of all kinds automobile, motorcycle, truck, bicycle, pedestrian, slip and fall, and wrongful death. The statute is also applicable to cases involving assault and battery caused by the wrongful act or neglect of another and to cases for defective products, also known as product liability cases.

The California Code of Civil Procedure Section 335.1, Statute means that an individual or party has only two years in which to file a lawsuit for  damages resulting from a personal injury or wrongful death. When the statutory time elapses, in this case two years, an individual or party loses the right to file a lawsuit for their damages or other relief.

When does the Statute of Limitations begin?

Normally the California Statute of Limitations begins on the date that the injury occurred. However, there are some exceptions to the Statute such as:

1. If the party at fault for the accident is a public entity such as a city, county, state, school, or public transport service. A claim must be made against the public entity within 6 months.
2. In an action for injury or death against a health care provider based upon such person’s alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first.
3. Minors have a longer period of time to sue. The statute is extended for minors and they may bring an action for a period of time after their 18th birthday. To be safe, any such lawsuits should be filed by the injured person who was a minor at the time of their accident, within one year after their 18th birthday if it has not been filed previously by the parents of the minor.

The California Statute of Limitations is also different for cases involving childhood sexual abuse and also cases involving libel, slander, false imprisonment, and fraud.

A claim for damages for a personal injury, such as an auto accident can be made at any time after an accident to the negligent party or their insurance company. However, if the claim has not been settled before the California Statute of Limitation elapses, the right of the injured person to be paid for their injuries and to file a lawsuit will be extinguished.

If you or someone you know is filing a personal injury lawsuit in San Diego, contact Gateway Personal Injury Law Firm at 619-330-5882 today.

Gateway Personal Injury Law Firm in San Diego California

A leader in the California legal community, the Gateway Personal Injury Law Firm handles a variety of cases involving accidents, personal injury, catastrophic injury, and wrongful death. Our attorneys and supporting staff members, have the knowledge to provide sound legal advice and the courtroom skills to obtain favorable case results for you. The role of our attorneys extends beyond the courtroom; we are advocates for the rights of our clients. Our attorneys take a personal approach to each case ensuring that you receive the best representation and that, together with the firm’s knowledge, experience and foresight provides the highest quality of representation for you.

If you are in need of a personal injury attorney after an accident, contact our California personal injury lawyers today at 619-330-5882, and let us put our litigation experience to work for you.

At the Gateway Personal Injury Law Firm, our attorneys provide experienced legal counsel and trial work for your personal injury cases, including: automobile, motorcycle, and truck collisions; drunken driving accidents; aviation accidents; medical malpractice; premises liability; product liability; and more.

If you or someone you love has been injured as a result of another party’s negligent or careless actions, the attorneys at our California personal injury law firm can help you obtain compensation for your medical bills, lost wages, and other damages. And, in the event of a loved one’s death, our compassionate attorneys can help you with wrongful death litigation to hold the liable parties fully responsible.

Contact the best personal injury lawyers in San Diego, to start protecting your rights and fighting for the compensation you deserve. The Statute of Limitations applies to personal injury cases; plaintiffs have a limited time frame in which to file their cases. If you feel you have a personal injury or wrongful death case, it is vital that you act immediately to protect your rights. Contact Gateway Personal Injury Law Firm at 619-330-5882 today.

The Best Personal Injury Attorneys in San Diego are at the Gateway Personal Injury Law Firm

The Gateway Personal Injury Law Firm is committed to providing legal advice and representation exclusively in the area of personal injury law and civil litigation in the San Diego metropolitan area.

Contact our offices to learn more about how we can help you and your family collect fair money compensations and damages after an injury or a fatal accident. Whether you are seeking damages for an injury in your car, in a public place, or on the job, our experienced attorneys are ready to start fighting for your rights today.

The best personal injury attorneys in San Diego can help you recover money for wrongful death and personal injury claims resulting from:

• Aviation accidents
• Automobile, motorcycle and truck accidents
• Defective or dangerous products
• Dangerous pharmaceutical or over the counter medication and defective medical devices
• Medical malpractice
• Mesothelioma
• Pedestrian accidents
• Premises liability

Contact the best personal injury attorneys in San Diego, to start protecting your rights and fighting for the compensation you deserve. The Statute of Limitations applies to personal injury cases, plaintiffs have a limited time frame in which to file their cases. If you feel you have a personal injury or wrongful death case, it is vital that you act immediately to protect your rights. Contact Gateway Personal Injury Law Firm at 619-330-5882 today.

Gateway Personal Injury Law Firm the Truck Accident Specialists

The dramatic growth in truck traffic on San Diego roadways is just one of the factors for the increase in truck accidents. Another factor is the number of unregulated trucks from Mexico and other countries, especially the trucks from Mexico that enter California under the North American Free Trade Act (NAFTA). Wherever they are from, truck accidents can be deadly or cause catastrophic injuries especially when the accident involves a smaller vehicle like a car, SUV or motorcycle. If you have been involved in a truck accident and have suffered injuries as a result of negligence, the law provides compensation to you the victim and your family.

At the Gateway Personal Law Firm, our accident attorneys have the background and the technical knowledge to handle truck accident complaints effectively. Our personal injury attorneys have been helping truck accident victims obtain compensation for their medical expenses, lost income, and pain and suffering.

Truck Accidents may be caused by the following types of negligence, including:

• Debris on the roadway
• Driver fatigue
• Driving too fast for conditions
• Equipment failure
• Flat tires and tire blowouts
• Inadequate maintenance
• Poorly trained or inexperienced drivers
• Poorly maintained equipment

The Gateway Personal Injury Law firm works with accident reconstruction specialist and other experts to investigate truck accidents. Our truck accident attorneys will depose the driver, obtain the logs and maintenance records, interview the company’s training and safety supervisors, and analyze the tracking and GPS mechanisms. Our truck accident attorneys have the technical knowledge and resources to help you after a truck accident.

Contact us about your truck accident today because the Statute of Limitations applies to personal injury cases, plaintiffs have a limited time frame in which to file their cases. If you feel you have a personal injury or wrongful death case, it is vital that you act immediately to protect your rights. Contact Gateway Personal Injury Law Firm at 619-330-5882 today.