San Diego Personal Injury Attorney

California law allows you to pursue compensation if you or a loved one gets injured due to someone else’s fault or negligence. Nonetheless, navigating the world of personal injury claims in California or elsewhere can be confusing. The injuries that warrant these claims can range from scarring and minor bruising to traumatic brain injuries.

Few people know how the personal injury claims process works, how and when to file a claim, and the recoverable damages. For this reason, you need a competent and experienced San Diego personal injury attorney to help you obtain maximum compensation.

The personal injury attorneys at the Rawlins Law firm are committed to helping victims of negligence injuries in San Diego to recover the compensation they deserve. We can help whether you just began exploring your case or need help on an existing claim. We have the skills and resources to negotiate your claim and go to trial if necessary to get the compensation you deserve.

 

Why You Need a Personal Injury Lawyer

Falling victim to a personal injury can result in financial and emotional strain, especially during treatment and recovery. Few victims receive the compensation they deserve because they don’t know where to start or the value of their injuries and losses.

Negligent parties in personal injury cases frequently deny culpability. Conversely, insurance companies often diminish the value of personal injury claims because they know maximum payouts reduce their bottom line. They deploy tactics to avoid paying out compensation, like pressuring you to accept a low settlement or twisting your words to use them against you.

An experienced personal injury attorney from Rawlins Law firm can avoid these pitfalls and defend your rights.

Our attorneys can review medical records, available evidence, and witness testimonies to build a foolproof case for liability. They can also communicate with the insurance company, law enforcement officers, and bill collectors on your behalf. Your attorney can file a personal injury compensation lawsuit if the insurance company refuses to reach a fair settlement.

 

California Personal Injury Laws

California’s personal injury law outlines the legal context for imposing civil liability for losses and injuries caused by other people’s intentional, reckless, or negligent acts or omissions. If you suffer a personal injury, it’s best to understand your rights and how California’s personal injury laws apply to your case. Here’s an overview of some of the laws and standards for personal injury cases:

 

Motor Vehicle Accidents

California is a fault state, meaning those who cause motor vehicle accidents are liable for the resulting injuries. If you suffer a personal injury in a motor vehicle accident, you can recover damages for your injury from the at-fault party up to their policy limit. You must prove that your injury resulted from the driver’s willful misconduct or negligence.

Drivers in automotive crashes that result in injury must stop at the scene to render aid and provide their contact information. They must also report the accident to a local police department or the California Highway Patrol within 24 hours of the crash.

 

Dog Bites

Under California’s personal injury laws, dog owners are strictly liable for injuries caused by their pets, including the first time a dog bites. You can file a personal injury claim against a dog owner whose pet injures you.

 

Product Defects

Personal injury claims can also result from using a defective product.

You must prove the following to get compensation:

• The defendant created, sold, or distributed a defective product.
• The product was defective when it left the defendant’s possession.
• You used the product as intended.
• You suffered harm from using the product.

Under California’s strict liability laws, you can hold a defendant strictly liable for your injuries even if you fail to prove that the defendant acted negligently.

The state’s strict liability laws cover these types of defects:

• Design Defects. These defects occur when products are innately defective due to a poor or dangerous design.
• Manufacturing Defects. You can file a compensation claim if mistakes during manufacturing make the products defective and you suffer injuries while using the products.
• Warning Defects. Designers and manufacturers of potentially dangerous products must include clear warnings on the product. Failure to do so can attract personal injury lawsuits if the products harm users.

 

Premises Liability Laws

Under California personal injury law, premises liability is the liability property owners/managers have for accidents on the property due to negligence.

Premises liability claims typically include:

• Construction accidents.
• Slip and fall accidents.
• Injuries resulting from a third party’s willful conduct or negligence.

The victim must identify the parties liable for damages and their possession, ownership, and control of the premises.

 

 

What If I Partly Caused My Injuries?

More than one party can be at-fault in a personal injury case. Victims are often partially at fault in some cases we handle in San Diego. If that’s the case, you may wonder, can I still recover compensation?

You may still recover compensation if you contributed to your injuries and damages through California’s pure comparative negligence system. Call us even if you worry you might bear some responsibility for your accident or if the other party blamed you for an accident they caused.

 

Statute of Limitations in Personal Injury Claims

As with other cases, personal injury claims have a filing time limit. The statute of limitations for personal injury claims in California is two years. Thus, you must file a lawsuit within two years of the date of the accident or lose your right to utilize the court system.

Nonetheless, if you didn’t discover your injury wasn’t discovered immediately after the accident, you must file the claim within one year of discovering it. Personal injury claims against government entities must be filed within six months and follow different procedures than civil claims.

 

What Damages Can I Recover?

Under California law, several categories of recoverable damages in personal injury claims exist. The damages our team at Rawlins Law can help you recover include the following:

 

Special Damages

These are the economic damages you suffered and the out-of-pocket expenses incurred due to your injury.

They include:

• Medical expenses, including co-pays and the cost of any health insurance paid.
• The expected cost of medical care.
• Lost wages if the injuries caused you to take time off work or work for fewer hours.
• Future lost income if your earning ability gets limited.
• Property damage.

 

General Damages

These damages are primarily non-economic and include:

• Pain and suffering.
• Emotional distress
• Loss of consortium

 

Wrongful Death Damages

If a victim dies due to a personal injury, their estate or family can file a compensation claim. Although compensation won’t undo your grief or sadness, a successful claim can alleviate the financial burden of losing a loved one and help you pay for any professional assistance you need to heal.

 

Punitive Damages

As the name suggests, punitive damages punish the at-fault party for especially egregious behavior and deter similar behavior.

 

Damage Caps and Limits

California’s personal injury law limits the types and amounts of recoverable damages when you file a claim. Here’s a look at these limits:

 

No Non-Economic Damages for Uninsured Motorists

Economic damages such as medical expenses are easy to quantify since they have a monetary value. On the other hand, non-economic damages don’t have a monetary value. Under California law, uninsured motorists can’t recover non-economic damages from the at-fault party in an accident.

One exception is that an uninsured motorist involved in a crash with an intoxicated motorist who is then convicted of DUI may be able to recover these non-economic damages.

 

What to Do After a Personal Injury

It’s normal to feel confused or overwhelmed after suffering a personal injury. Most victims don’t know what to do, and the at-fault party may take advantage of this to try to avoid liability. Moreover, insurance companies may take advantage of your situation to swoop in and offer less than what you deserve.

The steps you take after suffering a personal injury are critical to protecting your rights and ensuring you get compensated. That said, here’s what to do after suffering a personal injury:

 

Seek Medical Treatment

You should see a physician after an accident even if you feel fine. Some injuries may delay or remain hidden for a while, and waiting to receive medical care may give the insurance company sufficient grounds to deny your claim.

 

Report the Accident

Reporting the accident as soon as you get injured helps you obtain a written accident report detailing the circumstances that led to your injuries. The report is critical when filing your claim because it helps link your injuries to the at-fault party’s negligence.

 

Gather Evidence

If possible, note what you can about the incident, including the time, date, location, and contact information of potential witnesses. Also, remember to document the accident scene before crews clean it up and move or remove critical evidence.

 

Avoid Negotiating with Insurers

You should avoid negotiating with insurance companies or talking about your compensation without a San Diego personal injury lawyer from Rawlins Law firm. The insurance company may use tactics to trick you into admitting fault for the accident or use your words against you.

 

Obtain Legal Representation

Contact our San Diego personal injury lawyers as soon as possible. The attorneys at Rawlins Law firm can protect your rights, negotiate with insurance adjusters, and file a personal injury lawsuit for you. Thanks to our experience, we can build a strong and compelling case for the maximum compensation you deserve.

 

FAQs

Injured in San Diego? Contact Our Attorneys for Help

If someone else’s negligence or wrongful actions injures you or a loved one in San Diego, the personal injury lawyers at Rawlins Law can help. We understand how debilitating a personal injury can feel, and we stand by to help you get what you need to recover.

We’re committed to walking you through the legal process of filing a personal injury claim. We offer legal advice and advocate for you so you can make the right decision. You won’t have to settle for less than what you deserve when you have a skilled legal team you can count on. Contact us at (858) 529-5872 for your free case consultation.