Personal Injury Law in San Diego, CA

Were you hurt due to another’s negligence in San Diego? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in San Diego, CA can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in San Diego relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in San Diego, CA

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

  • Car Accidents
  • Slip and Fall
  • Dog Bites
  • Medical Malpractice
  • Workplace Accidents
  • Burn Injuries

Most Common Injuries in San Diego 

According to San Diego County’s Official Government Website most unintentional injuries are caused by falls, poisonings or overdoses, motor vehicle crashes, struck by/against events, fires or burns, cuts or piercing, drownings or submersions, and overexertion. In addition, in 2009, there were 949 deaths, 21,149 hospitalizations, and 149,437 emergency department discharges due to unintentional injury in San Diego County.

Steps in a Personal Injury Lawsuit in San Diego, CA

Once you determine that you wish to proceed forward with a personal injury action in California

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

According to California Legislation after you send a demand for compensation, you can either come to a settlement or file a claim with the court. You will then enter the discovery, or evidence finding process. This will then either lead to a settlement, or a trial.

California Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.

San Diego County’s Unintentional Injury Brief found that unintentional injuries cost the United States an estimated $341.0 billion back in 2009. In fact, Americans experienced $63.9 billion in direct medical costs, and $277.1 billion for lost productivity costs. One of the biggest indicators as to how you determine the value of your personal injury settlement in San Diego is medical costs. While there is no way to determine an average settlement amount, typically higher medical bills, will potentially lead to higher settlements.

If the other party has insurance, the insurance company likely wants to settle out of court. In order to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in CA, that means you risk not receiving any compensation at all.

Damage Awards in California

If your California personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay. In order to compensate you for the damage he or she inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish.

Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. 

According to the California Court system, in San Diego you can see a varying cap on non-economic damages. But, there is no cap for traditional economic damages.

Statute of Limitations in San Diego, CA Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

California Courts dictate that the statute of limitations for personal injury cases gives an injured person two years from the date of the injury to file a lawsuit.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced San Diego, CA Lawyer

Pursue a personal injury claim in San Diego against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across California state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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