Personal Injury Information San Diego

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A personal injury plaintiff must prove three things to recover monetary damages from a defendant in a personal injury or tort claim.

1. The plaintiff or injured party must prove that the defendant owed the plaintiff a legal duty to act or refrain from acting in a particular way.
2. The plaintiff must prove a breach of a defendant’s duty toward the plaintiff.
3. The plaintiff must prove that the defendant’s breach of duty caused injury to their person or property.

What “acts” or “omissions” can occur to lead to a personal injury claim?

Personal injury claims can occur out of most any area of our daily activities. While driving, drivers have a duty to obey our traffic laws, to maintain their vehicles in a safe condition and to drive them safely to avoid collisions. Organizations, schools, neighbors and others who allow us to step onto their property or into their premises have a duty to maintain that premises in a reasonably safe condition and to warn us of known hazards that may cause injury. Physicians and other medical professionals have a duty to exercise care in diagnosing and treating patients. Product manufacturers and providers of services must take care to ensure that injury does not result from our use and enjoyment of their products or services. A breach of any of these duties, whether resulting from negligence, recklessness or intentional conduct can lead to a personal injury claim. Even our federal, state and local governments can, under some circumstances, be liable for acts and/or omissions which lead to injury.

What is my personal injury claim worth?

This is the most frequently asked and most difficult question to answer. Usually, an injured party or plaintiff is entitled to recover all damages caused by a defendant’s negligent, reckless or intentional acts and/or omissions. This may include compensation for past and future pain and suffering, past and future earnings loss, past and future medical expenses, disability and disfigurement, and property damage.

Ultimately your case is “worth” whatever a judge or jury awards at trial, or whatever the defendant will agree to pay in settlement.

Don’t wait to contact a personal injury attorney, because the Statute of Limitations applies to personal injury or tort 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.