Injury Information

Choosing the Right San Diego Personal Injury Lawyer

If you have experienced a personal injury, the last thing you may be thinking of is a lawsuit. You have been hurt and may be in physical and/or mental pain and need to focus on recovering. But, if you feel the injury was caused through no fault of your own and that someone else may be liable for it, you might also be experiencing anger. Furthermore, you may soon be buried under a mountain of medical bills that you just can’t pay and that may be the time you need to begin thinking about filing a personal injury lawsuit and finding the right personal injury attorney in San Diego.

When starting your search for the right personal injury lawyer, do not just pick the first ad you see in the phone book that looks attractive. You may be trying to concentrate on recovering your health, but it is still important to take some time and do your homework. Contact the California bar association for names of personal injury lawyer in San Diego, along with their experience and credentials. Or even ask around. There may be a chance a friend or an acquaintance has had to file a personal injury suit in the past and can recommend a lawyer to you. If you know another lawyer whose practice is not personal injury, he may know a colleague who does specialize in what you need. Once you have established a short list of attorneys, give them a call and briefly discuss your case with them. Sometimes you can instinctively tell when an attorney will be a good match for you, but you must meet with him or first. Many personal San Diego personal injury lawyers will make house or hospital calls. They know they only reason you even need a lawyer is because you have been hurt and understand that it may not be possible for you to make it to their office.

When meeting with a San Diego personal injury lawyer, make sure to question both his or her experience, as well at the attorney’s success rate. Look for an honest attorney, rather than someone who is promising you something that seems unrealistic. Most personal injury lawyers will not even charge you a fee unless they win your case, so how you will pay him should not be an upfront concern. If you have been injured and feel you may be entitled to some compensation, call us today and learn what we can do for you.

The Ins and Outs of Wrongful Death Suits

There are many specifics and legalities involved if you decide to pursue a wrongful death lawsuit after a loved one has passed. Knowing what rights you have and what rights you do not have are of the utmost importance and although Internet research can get you far, it might not get you far enough. What you need to do is set up an appointment with an experienced and successful San Diego wrongful death attorney to learn as much as you can about California wrongful death statutes and laws.

In old common law, wrongful death claims did not exist. It was believed that the person’s claim of any wrongdoing died right along with him or her. It has only been in recent years that states have enacted wrongful death laws (tried in civil court, not criminal court), believing that the deceased family is just as entitled to damages as the deceased would have been. It takes personal injury law one step further, to where the injury results in a fatality. As a matter of fact, most San Diego wrongful death lawyers are also personal injury attorneys, with wrongful death as a sub specialty.

California does have a statute of limitations on when a plaintiff can file a wrongful death suit. It needs to be officially filed within two years of the date of death. A wrongful death attorney in San Diego will need time to prepare the case or even investigate to see if you actually have a case, so you will need to meet with him long before two years are up. It may seem like an unfathomable thing to do right after losing a family member, but a good lawyer will be supportive and understanding and not make the experience anymore traumatic than it has to be for you. There are exceptions to this statute as well. For example, if the entity you deem responsible for the death was a government entity, then you have six months from the date of death to file a claim with them. If that claim is rejected, then you only have another six months to file a lawsuit.

Spouses, children, stepchildren, domestic partners and even parents are some of the family members who are entitled to damages won in a wrongful death case. In some cases, even a former spouse known as a putative spouse, may be entitled to sue as well. Compensation amounts can be calculated from medical, funeral and burial costs, as well as whatever income the deceased may have earned if his or her life had not been dramatically cut short.

Burn Injuries in San Diego

One of the most serious personal injuries you can ever experience is a burn injury. They can happen almost anywhere, including in someone’s house or on the job. It can leave you in pain and unable to work and you may very well have a valid lawsuit on your hands. To learn if you may be entitled to compensation for your injury, you need to find an experienced San Diego burn injury lawyer who can review your situation and the circumstances behind your burn and possibly change your life for the better.

A burn, no matter how severe, can have a devastating effect on your life. It doesn’t just cause cosmetic distress; it can cause physical ailments as well, including infections like impetigo and MRSA, which can be deadly without antibiotic treatment. This in turn can put emotional stress on a person, as can the inability to work that a burn can lead to. While your main concern is to get the best medical treatment possible to recover as well as possible, it is never too soon to begin thinking about a lawsuit if you feel one is justified. If your burn injury has caused you to be incapacitated, a San Diego personal injury attorney can come to you, either at your home, the hospital or place of rehabilitation.

Compensation you may be entitled to due to a burn injury includes medical and rehabilitation bills, lost wages and possible future earnings, and the cost of possibly needing to modify your home and lifestyle during and after recovery. You may also be entitled to compensation for emotional and physical distress. Your personal injury lawyer in San Diego will warn you that a lawsuit may not be easy and could put you under more emotional trauma, but in the end it may very well be worth it to know the financial burden a burn has placed on your life may be paid for.

Your personal injury attorney in San Diego will do a thorough investigation into what happened when your burn occurred and be prepared to fight for you in and out of court. Many times, when the defendant knows they cannot win, then the defendant will choose to settle out of court. But, if a trial occurs, feel confident that you have hired the best lawyer possible to represent your needs. If you have been burned through no fault of your own, call us today and set up a consultation to see if you may be able to be compensated,and even vindicated for your pain.

What Warrants a Personal Injury Lawsuit?

When you are injured, it is not always the legal fault of someone else, but at times it is. If you have been injured and feel it was due to another person or entity’s negligence or fault, you may have a lawsuit on your hands and may be entitled to compensation for damages. This type of lawsuit should be handled by San Diego personal injury attorneys with the utmost experience and high success rates, as it can make a positive impact in your life after a traumatic event.

Types of injuries that may warrant a personal injury lawsuit may be automobile accidents, dog bites, burns, bicycle accidents, workplace injuries, slips and falls, injuries as a result of an assault and battery, environmental issues and injuries sustained while on someone else’s property. Each one of these injuries is unique unto themselves, as is your own individual case. A personal injury lawyer in San Diego can settle your case in or out of court if you do have a valid one. However, you will never know if you do not contact an attorney after suffering injuries.

Many San Diego personal injury attorneys will even make home or hospital calls if your injury is too serious for you to visit their office. He or she will want to know the details of your accident and you must be as honest as possible during this crucial meeting. The circumstances behind your injury can decide whether you have a case or not. For example, if you were bitten by a dog, was the dog properly leashed or not according to San Diego laws? Also, if you suffered a fall in a store due to slippery floors, were there warning signs in plain view stating that the floor was wet? What happened to cause your injury can make the difference between an invalid lawsuit and a valid one.

The best personal injury attorney in San Diego will be as up front and honest with you as you need to be with them. He or she will let you know how difficult a court case can be, especially if you have to relive the traumatic event that led to your injury with depositions or testimony. He will let you know what kind of verdict and settlement you can realistically expect and not fill your head with promises he knows he’ll never be able to keep. If you have been injured through what you feel is no fault of your own, call us today and let us help you make an informed decision regarding a personal injury lawsuit.

Compensation in a Wrongful Death Lawsuit

After a loved one has passed, you might be grieving too much to begin thinking about lawsuits and courtrooms, but  if you feel there is someone else to legally blame for this person’s death, you might want to contact a San Diego wrongful death attorney and learn what your rights are. You may end up with a sense of closure you never expected, as well as a way to pay for expenses you never expected to have.

Wrongful death is a newer legal concept and it is different from a murder or manslaughter charge in that it is handled in civil court and not criminal court. Many personal injury law firms have wrongful death attorneys in San Diego who specialize in the kind of case you may have. When searching for a lawyer, look for one with experience preparing these kinds of cases that can either be settled out of court or decided by a jury. There is much preparation a wrongful death attorney must do to help ensure the best possible outcome for you and your family and one who knows the ins and outs of California’s wrongful death laws will help instill you with confidence as you go ahead with the case.

A San Diego wrongful death lawyer should be able to accurately and legally establish what the life expectancy would have been for the deceased had the accident that led to his or her death not occurred. This will help determine what lost wages would have been over a lifetime, which can figure into the amount of your settlement. Your lawyer should also be able to determine a monetary value for loss of companionship and emotional support over the course of years, which can also be added to damages won. (However, a jury is not permitted to assign an award based on mental anguish or the economic status of the plaintiff.) And finally, your wrongful death lawyer in San Diego must be able to convince a jury that the person you are suing was indeed liable for your loved one’s death. It is a serious accusation and there will be much research and preparation done to prove your case.

Proving a wrongful death case is often not an easy task, but a skilled attorney performing the job is the best bet you have. A verdict on your side can be rewarding, but also make you feel like a death was not in vain and has been vindicated.

What Is a Wrongful Death Lawsuit?

Wrongful death lawsuits can be both emotionally and monetarily vindicating for family members who have lost a loved one through the fault of someone else. These are not criminal cases, but instead civil suits where deaths are often accidental, but where there is also a person or other entity at fault in the death.

A San Diego wrongful death attorney will explain to you the general legalities of a wrongful death case and then the specifics of your own case. In a wrongful death lawsuit, the people entitled to monetary compensation are usually the spouse, children, stepchildren or parents of the deceased (or, in some cases, siblings). Wrongful death cases can be the result of medical negligence, an automobile accident caused by drunk driving, a fatal trip or fall on someone’s property or in the workplace or even as a result of part of an automobile malfunctioning. Compensation is awarded on the basis of medical costs, funeral and burial costs and loss of income from the deceased over a lifetime. Damages may also be awarded for family mental anguish and suffering.

Not all wrongful death cases end up in court, and your San Diego wrongful death lawyer may advise you to agree to an out-of-court settlement. This may be easier on you emotionally as well, as you do not have to sit in a courtroom and relive a tragedy that occurred in your life for a judge and jury to hear. If the case does go to court, the verdict will be left to a jury and your wrongful death lawyer in San Diego will prepare your testimony and also prepare you for how difficult a trial may become for both you and your family. The jury will also decide how much money you and your family are entitled to, should the verdict go in your favor.

It may seem callous to some to try to win money because a loved one has passed, but this money can be beneficial to yourself and your children. What your spouse may have earned over a lifetime is lost to you and wrongful death damages can make the difference in your financial freedom and even if you can one day send young children to college. Contact a wrongful death attorney in San Diego today if it has been under two years since a loved one has passed and you think you may have a valid wrongful death case on your hands.

 

Dog Bite Personal Injuries in San Diego

If you are injured due to a dog bite, you may not feel that you have a lawsuit on your hands, but in many situations you do indeed have a case. There are specific laws that dog owners must follow for their pet’s safety, as well as for the safety of others. If the owners do not follow these laws, they may be liable in a court of law should someone become injured. If you think you may have a valid lawsuit, call a San Diego dog bite attorney and set up a consultation.

In California, a dog owner may be liable for damages if their dog attacks and then bites someone in a public place. They may also be liable if their dog bites someone in a private area that the victim had permission to be in. Also, even if the victim does not get bitten during the attack, if an injury results from someone trying escape a dog attack, the owner can be held responsible. A personal injury lawyer in San Diego will work with you to learn exactly what happened when you suffered your injuries to determine if it is worth going to court or not.

San Diego personal injury lawyers will also be familiar with local leash laws. Many California counties, including San Diego country, require dog owners to keep their dogs on leashes of no more than six feet when not in the home. If an owner fails to comply with this law and his or her dog gets loose and attacks someone, the owner is responsible for any injuries incurred. A parent is also legally allowed to sue on behalf of a minor child who was injured by a dog bite.

A personal injury attorney in San Diego may help you recover damages that can result from a dog bite injury. They include any medical and hospital bills incurred, lost wages during recovery time, a loss of earning power, mental and psychological stress, as well as possible rehabilitation costs. Dog bites can be quite painful and damaging and are much more serious than many people think. A personal injury attorney can work with the defendant to reach a settlement out of court or present the best case possible in a courtroom if the lawsuit gets that far. If you have been injured by a dog bite, do not hesitate to call us today and learn what your legal rights are.

Personal Injury and Insurance

When you have been injured in a car accident, you may expect the insurance company to do everything they can for you. After all, you pay premiums each month for their services on the off chance that an accident whether resulting in injury or not may occur. However, once it comes time to file and settle the claim, you may find it is easier said than done. That is where a San Diego personal injury lawyer comes into play. This type of professional is experienced and skilled in working with insurance companies on your behalf to get the compensation you may be entitled to.

The insurance company is in business to make money, and the more they make in premiums and less they pay out in claims, the more money they make. This is only natural and just a part of regular business. A good personal injury lawyer in San Diego who specializes in insurance cases may use his own investigators to interview witnesses to find out exactly what happened at the moment of your accident. This is not something you can easily do on your own and an attorney makes the job so much simpler. He or she will also prepare any depositions and file any legal papers that need filing. Any information obtained helps your San Diego personal injury attorney settle with the insurance company in a way that benefits you, helping you pay medical bills and other expenses that are a result of your injury.

Once all the information has been gathered and organized, your lawyer may prepare a ‘demand’ letter that will be sent to the insurance company. Often, when the insurance adjuster sees a lawyer is now working for you, he or she will offer a settlement. If it is too low, your lawyer will put out a counter settlement and go from there.

A personal injury attorney in San Diego does not only work on your behalf with insurance companies. He can handle other personal injury claims as well that go beyond auto accidents. Slips and falls, dog bites, burns and even assault and battery issues can often result in a personal injury case. And, many personal injury firms do not charge a fee unless they win you a settlement. So, financially, you have nothing to lose if you do decide to pursue a lawsuit. Call our offices today and find out what we can do for you so you can get compensation and representation you may deserve.

 

Choosing a Qualified San Diego Wrongful Death Attorney

When a loved one has passed and you feel it is of another person or entity’s fault, then you will want to talk to a San Diego wrongful death attorney to learn if you indeed have a lawsuit on your hands. However, finding the right wrongful death attorney is sometimes a feat unto itself and with a case as important and personal to you as a wrongful death case is, you do not want to trust just any lawyer you choose out of the phone book.

After some emotional recovery from your loved one’s death, you probably want to start your attorney search with a fresh mind. Do not let too much time pass before beginning this search in earnest because California’s statute of limitations on wrongful death cases is two years. While that may seem like all the time in the world, in the legal world, it is not. Various investigations must take place and paperwork needs to go through channels before official filing, so the sooner you choose what San Diego wrongful death lawyer will represent you, the better.

You may want to begin your search in the yellow pages by calling several attorneys and talking to them on the phone. This is different than just picking one ad and going with that ad because it seemed simpler. Talking to several wrongful death lawyers in San Diego gives you options. You may know immediately from a five-minute conversation that you can cross someone off the list. Also, ask around. You may know someone who has used a personal injury lawyer in the past, and many personal injury lawyers also handle wrongful death cases. The California bar association can also assist you in your search for the right wrongful death attorney. Once you have spoken to several lawyers, narrow down your list to two or three and set up in-person meetings.

A good wrongful death attorney in San Diego will be up front and honest with you about your case from the start. He will let you know if you have a case at all, and if you do, how difficult court and legal proceedings can be. Some wrongful death lawsuits are settled out of court, and those cases often are much easier to handle. If you feel a wrongful death lawsuit is warranted and you find a good attorney who does as well, then you may be well on your way in a journey for clarity and closure after a loved one dies.

 

Wrongful Death: Do You Have a Case?

Wrongful death lawsuits are not part of criminal court proceedings and therefore a ruling on the behalf of the plaintiff does not meet jailtime for the defendant, as a wrongful death is not always considered murder or manslaughter. However, it can give the plaintiff a sense of justice being fulfilled if their loved one died because of someone else’s recklessness or neglect and also a feeling of closure after losing a close family member.

A San Diego wrongful death attorney can meet you after a loved one passes and discuss the specific aspects of your case with you. There is a chance you do not have legal ground to stand on if you are thinking of having your day in court, or there is a chance you have a very good case on your hands that can help yours and your family emotional well-being, as well as help recoup monetary losses as a result of this person’s death. Unlike a criminal case, guilt does not have to be proven with no reasonable doubt. A wrongful death civil suit needs to prove extreme likelihood of guilt, meaning there is more than a 51% chance that the defendant caused the death in question.

Some situations that warrant calling a San Diego wrongful death lawyer include nursing home or assisted living negligence, death due to someone else’s reckless driving, medical negligence (this would be different from medical malpractice in many law cases) or a malfunction on a part of a motor vehicle like the brakes or steering wheel. If a death is a result of a product malfunctioning, your wrongful death attorney in San Diego may help you sue the company that made the product, and not necessarily one individual.

If you feel you have a wrongful death suit on your hands, call an attorney as soon as possible. California has a statute of limitations of two years from the time a death occurred till a lawsuit is filed. This may seem like a long time, but there is much that needs to be done to prepare a lawsuit, including giving the plaintiff notice that one will eventually be filed. While it is understandable that you are grieving and have just buried a child, parent or spouse, talking things through with a wrongful death lawyer in San Diego may help you heal and also help you feel vindicated for losing a loved one through the fault of someone else.