San Diego Personal Injury Lawyer

The Timeline of a Personal Injury Lawsuit

Navigating a personal injury lawsuit can be intricate, often spanning several years before a resolution is reached. Here’s a structured overview of the typical timeline:

1. Medical Recovery: Post-accident, the immediate priority is seeking medical care to address any injuries and ensure overall well-being.
2. Selecting an Attorney: After addressing medical concerns, the next step involves researching and selecting a suitable personal injury lawyer. This phase involves mutual assessment: the lawyer evaluates the case’s viability, while the victim ensures the lawyer aligns with their needs.
3. Initial Investigation: Upon hiring, the lawyer initiates a thorough investigation. This involves collecting evidence and supporting the victim’s recovery journey while also aiming to facilitate a potential settlement.
4. Settlement Talks: With evidence in hand, the attorney enters negotiations with the relevant insurance companies and advocates for the client’s best interests.
5. Lawsuit Preparation: If negotiations stall, the lawyer gears up for trial while leveraging all resources and evidence to craft a compelling case.
6. Filing and Serving the Lawsuit: The formal lawsuit is filed, and defendants are served. This notifies them of the impending legal proceedings.
7. Discovery Phase: Prior to the trial, both parties delve deeper into the case details which might involve witness depositions and interrogations. This phase can potentially span for several months aims to unearth facts bolstering each side’s arguments.
8. Further Mediation and Negotiation: Post-discovery, negotiations that are now informed by the newly uncovered details resume. If required, a neutral mediator might intervene to facilitate a resolution.
9. Trial: If all negotiation attempts fail, the case proceeds to trial. Depending on its intricacy, the trial’s duration can vary. During the trial, both parties present their arguments before a judge or jury who then determines the outcome.
10. Award Disbursement: After the trial concludes and an award is decided, the victim will receive the funds typically within a 30–60-day window.

While the personal injury lawsuit process can be lengthy and multifaceted, each step is crucial in ensuring victims receive the justice and compensation they deserve.

California Personal Injury Laws

California’s personal injury laws provide a framework for civil liability arising from negligence, whether intentional or unintentional. Understanding these laws is crucial for victims to safeguard their rights and navigate the claim process effectively. Key aspects of these laws include:

1. Car Accidents: California operates as an “at fault” state, meaning insurance companies determine the responsible party before covering damages. The state’s comparative negligence laws allow for shared liability which can potentially reduce compensation if the plaintiff contributed to the accident. California’s driving code outlines specific driver responsibilities and breaches often lead to the violator being deemed liable.
2. Premises Liability: This law holds property owners and managers accountable for injuries resulting from their negligence. Common claims under this category include slip and fall incidents, dog bites, and third-party misconduct injuries. For a defendant to be held liable, they must own, possess, or control the property. Only those with such ties to the property have a duty to maintain its safety and prevent potential harm.
3. General Negligence: Under California’s general negligence laws, parties found at fault are liable based on the tort of negligence. This encompasses situations where an individual or entity fails to exercise reasonable care or caution. Victims injured due to another’s negligence are entitled to compensation for their injuries and damages.
4. Wrongful Death: This pertains to deaths resulting from another’s negligence or misconduct. Wrongful death claims in California have a statute of limitations of two years from the death date, not the accident date. Only specific individuals, such as the deceased’s spouse, child, or those entitled to the estate through intestate succession, can file a wrongful death claim.

Read more: What are California Personal Injury Laws?

What Do I Do If I’m Injured at Work?

Workplace injuries can occur not only within the confines of your designated work area but also in external locations, provided the activity or reason for being there is work-related. For instance, if an employee gets into a car accident while en route to a job site, it’s deemed a workplace injury. Such incidents might entitle the injured party to both personal injury and worker’s compensation claims. To ensure optimal compensation, it’s advisable to consult either a personal injury attorney or a work injury lawyer, like those at Mesriani Law Group. Our personal injury lawyers can guide you through the claims process effectively.

Who is Liable for My Personal Injury?

Establishing liability is pivotal in personal injury cases because it identifies the party responsible for causing harm. While fault and liability often align, pinpointing the liable party can be complicated and may not be immediately evident post-incident. Expert injury attorneys are adept at discerning the responsible entities and can leverage various resources to determine liability which can either be acknowledged by a guilty party or necessitate a jury’s assessment based on evidence.

Liability can arise from different types of torts ^[5], categorized by intent:

• Negligence: This pertains to unintentional lapses in duty of care, leading to harm. It’s the most prevalent basis for personal injury claims.
• Intentional Torts: These involve deliberate harm infliction and encompasses acts like assault, battery, and defamation. Such actions might also result in criminal charges.
• Strict Liability: This category addresses situations inherently hazardous where the onus of safety lies squarely on a party, irrespective of fault. A classic example is product liability, where manufacturers must ensure consumer safety.

Given the intricacies involved in ascertaining liability, consulting a personal injury attorney is recommended to effectively identify and address liable parties.

Who Can Be Liable in a Personal Injury Lawsuit?

In personal injury claims, a myriad of parties can be deemed liable depending on the accident’s specifics. Potential liable entities include:

• Drivers: Those who neglect their duty to drive safely, and cause accidents can be held accountable.
• Property Owners: Owners can be liable if they don’t ensure their premises are safe for occupants.
• Businesses & Property Managers: Entities controlling spaces must maintain them safely. If not, they can be held liable for accidents that occur.
• Parents: In cases where underage children cause accidents, their guardians or parents might be held responsible.
• Service Organizations: Organizations can be liable if their negligence or actions lead to accidents.
• Employers: If employees encounter accidents during work-related activities, their employers might be held accountable.
• Governmental Agencies: These entities can be liable for unsafe conditions in public areas under their jurisdiction or for not addressing hazardous situations in industries they regulate.
• Manufacturers: Companies producing faulty products, either due to design or manufacturing defects, can be held responsible for resultant injuries.
• Repair Services: Services that inadequately repair vehicles or products which lead to accidents can be held accountable.

Given the intricacy in pinpointing all potential liability sources, it’s paramount to consult a personal injury attorney. The expert personal injury lawyers at Mesriani Law Group ensure comprehensive identification and pursuit of all liable parties.

How to Prove Negligence in a Personal Injury Claim

In personal injury claims, the onus is on the accuser (plaintiff) to substantiate their allegations against the accused (defendant). This is particularly important in negligence lawsuits which highlights the value of enlisting a seasoned personal injury attorney, such as those at Mesriani Law Group. To validate a personal injury claim based on negligence, the attorney must establish the following four pivotal elements of negligence ^[6]:

• Duty of Care: This asserts that the defendant had a legal responsibility to prevent harm to the plaintiff.
• Breach of Duty: This demonstrates that the defendant failed in their responsibility, either through intentional or careless actions, which could foreseeably lead to injury.
• Causation: This links the defendant’s actions or inactions directly to the injury sustained by the plaintiff.
• Injuries and Damages: This provides evidence that the plaintiff indeed suffered harm due to the defendant’s negligence.

To corroborate these elements, various forms of evidence can be presented:

• Photographs or videos capturing the incident.
• Medical records and witness testimonies detailing the injuries sustained.
• Official reports, like police or incident reports, chronicling the event or its aftermath.
• Documentation like medical bills and proof of lost income to quantify the claim’s value.

Read more: How to Win Your Personal Injury Claim

Read more: How to Prove Negligence

California Comparative Negligence

In California, the principle of “comparative negligence” dictates that a victim (plaintiff) can bear a portion of the responsibility for their own injuries ^[7]. Under this rule, if a victim is found partially at fault, their potential compensation is adjusted accordingly. Specifically, the compensation is decreased based on the percentage of fault attributed to the victim. For instance, if a plaintiff is deemed 20 percent responsible for a car accident, they would only be entitled to 80 percent of the total damages awarded. This system aims to ensure that each party is held accountable only for their proportionate share of the negligence.

Read more: What is Comparative Negligence in California?

Should I Speak to the Negligent Party’s Insurance?

When involved in an accident, interacting with the negligent party’s insurance company requires careful consideration. It’s essential to remember that insurance adjusters primarily aim to minimize the payout for claims. Directly communicating with them without the guidance of a personal injury attorney can be detrimental to your case. Here are some essential guidelines ^[8] to follow:

1. Avoid Recorded Statements: Insurance representatives might request a recorded statement from you. They can then cross-check this with other records to find discrepancies that could weaken your claim. It’s advisable not to consent to such recordings without consulting your attorney.
2. Beware of the Opposing Insurance Company: They might reach out to you before you’ve had the opportunity to speak with an attorney. Their goal is to gather information that could be used against your claim. Always be cautious about what you share over the phone.
3. Exercise Caution with Your Insurance Company: While you must notify your insurance company about any accident, be mindful of the information you provide. Even your own insurer might look for ways to limit the compensation paid out.

Given the complexities and potential pitfalls of dealing with insurance companies, it’s highly recommended to seek the counsel of an experienced personal injury lawyer in San Diego before entering into any discussions with insurance adjusters.

Read more: Should I Talk to the Other Insurance Company After an Accident

What is the Statute of Limitations on Personal Injury Claims

The statute of limitations sets a time frame within which a plaintiff must file a lawsuit after experiencing harm. In California, the general rule for personal injury claims is:

• Standard Limitation: Victims have two years ^[9] from the date of the accident to initiate a personal injury lawsuit.
• Discovery of Injury: If the injury wasn’t immediately apparent, the statute of limitations to file a lawsuit is delayed and does not begin until the date the victim discovers the injury.
• Claims Against Government Entities: When filing against a governmental body, the claim must be initiated within six months, and specific procedural guidelines must be followed.

Exceptions Include:

• Minors: If the injured party is a minor, the lawsuit can be filed up until two years after the minor’s 18th birthday.
• Defendant’s Absence: If the defendant is out of the state, the time limit is temporarily halted during their absence, as they cannot be served.

Given the intricacies of the statute of limitations, it’s crucial to be aware of these timelines and consult with a personal injury lawyer to ensure timely and appropriate action.

Read more: Personal Injury Statute of Limitations

What Damages Can You Claim in a Personal Injury Claim?

In a personal injury claim, victims can seek compensation for various damages stemming from another party’s negligence. These damages ^[10] can be categorized as:

1. General Damages: These are non-economic damages that don’t have a direct monetary value but significantly impact the victim’s life. They include:
   • Physical pain and suffering
   • Emotional distress
   • Diminished quality of life
2. Special Damages: These are quantifiable economic losses directly resulting from the injury. They encompass:
   • Medical expenses, both current and anticipated future costs
   • Lost wages and potential future earning capacity
   • Property damage
   • Costs associated with therapy and rehabilitation
3. Punitive Damages: These are not awarded to compensate the victim but to penalize the defendant for particularly reckless or malicious behavior. They serve as a deterrent to prevent similar future misconduct.

It’s essential to consult with a personal injury attorney to ensure all potential damages are identified and claimed appropriately.

Read more: Damages in a Personal Injury Lawsuit

What is a Good Settlement for a Personal Injury?

In determining an optimal settlement for a personal injury claim, the primary goal is to ensure the victim is adequately compensated for both tangible and intangible damages that result from the incident. Key components of a satisfactory settlement include:

• Medical Expenses: The settlement should comprehensively cover all medical bills, ensuring the victim receives necessary treatment without any financial burden. This includes immediate medical care and anticipated future treatments related to the injury.
• Pain, Suffering, and Emotional Distress: Beyond just the tangible costs, a victim often endures physical pain, emotional trauma, and other intangible hardships. The settlement should account for these non-economic damages, compensating for both current and future suffering.
• Future Needs: If the injury leads to long-term or permanent disabilities, the settlement should consider ongoing therapy, medications, and any required accommodations to support the victim’s quality of life.

Lastly, it’s crucial to recognize that insurance adjusters might offer settlements that don’t fully represent the victim’s best interests. Engaging a seasoned San Diego personal injury attorney, such as those at Mesriani Law Group, can significantly enhance the likelihood of securing a settlement that truly reflects the full scope of the victim’s damages.

What is an Average Personal Injury Settlement?

The vast majority of personal injury claims are settled before reaching trial. However, the average settlement amount can vary significantly based on factors such as the nature of the accident, the severity of the injuries sustained, and any long-term consequences or disabilities resulting from the incident.

Here’s a breakdown of average settlement amounts based on the type of accident:

• Auto Accidents: Typically, around $25,500
• Motorcycle Accidents: Approximately $79,300
• Pedestrian Accidents: Roughly $53,500

It’s crucial to highlight the significant impact of legal representation on settlement outcomes. On average, individuals who sought the expertise of personal injury lawyers secured settlements of about $77,600. In contrast, those without legal representation often settled for much less, averaging around $17,600 ^[11].

Engaging a knowledgeable personal injury attorney, such as those at Mesriani Law Group, can be instrumental in ensuring victims receive a settlement that truly compensates for their injuries and associated damages.

Read more: What is the Average Personal Injury Settlement?

How Much Does a Personal Injury Lawyer Cost?

Personal injury lawyers, like those at Mesriani Law Group, typically operate on a contingency fee model. This means that clients aren’t required to pay any upfront costs, and the lawyer’s charges are only collected if a settlement or judgment is awarded.

Here’s a breakdown of the cost structure for personal injury lawyers:

• Contingency Fee Model: Clients aren’t charged upfront. Instead, the lawyer’s fees are contingent upon a successful outcome in the case. If no compensation is secured, the lawyer doesn’t get paid.
• Fee Percentage: Generally, the lawyer’s fee ranges between 30% to 40% of the compensation awarded. The exact percentage can vary based on the complexity of the case and the stage at which it’s resolved. For instance, a quick settlement might result in a 30% fee, while a case that goes to trial could see a 40% fee.
• No Risk Consultations: Most personal injury lawyers offer free initial consultations. This allows potential clients to discuss their case, understand its merits, and decide on the best course of action without any financial commitment.
• Transparency: It’s essential for clients to fully understand the contingency agreement. Lawyers should be clear about the fee structure, including any sliding scales or other conditions, and ensure clients are comfortable with the terms before proceeding.

The cost of hiring a personal injury lawyer in San Diego is directly tied to the success of the case. This approach ensures that victims have access to quality legal representation regardless of their financial situation. It also motivates lawyers to achieve the best possible outcome for their clients.

Read more: How Much Does a Personal Injury Lawyer Cost?

Is Getting a Personal Injury Lawyer in San Diego Worth It?

Engaging a personal injury lawyer in San Diego, especially from reputable firms like Mesriani Law Group, can be a game-changer for victims navigating the complexities of personal injury cases. While some may hesitate due to concerns about costs and the intricacies of the legal process, the benefits of having expert representation far outweigh the costs.

Here are the primary reasons why hiring a personal injury lawyer in San Diego is a wise decision:

• Maximized Settlements: Expert personal injury lawyers have the skills to build a robust case that genuinely represents the extent of the injuries, the associated costs, and the overall impact on the victim’s life. This comprehensive approach often leads to settlements that truly compensate the victim for their suffering.
• Increased Likelihood of Full Compensation: With a lawyer’s expertise, victims stand a better chance of obtaining complete compensation for all accident-related expenses. This includes ensuring that victims receive the necessary medical care for both immediate and future needs. Without expert guidance, individuals might miss out on crucial treatments or fail to gather the required evidence, which could adversely affect their claim.
• Navigational Expertise: The journey of filing a personal injury claim can be daunting, especially when one is already grappling with the trauma of an accident. Personal injury lawyers in San Diego offer invaluable guidance which ensures that victims avoid common mistakes and have a smoother path to recovery.

While the idea of navigating a personal injury claim alone might seem feasible, the expertise, guidance, and advocacy provided by a seasoned personal injury lawyer can make a significant difference in the outcome of the case.

Read more: Are Personal Injury Lawyers Worth It?

Why Should You Get a Personal Injury Lawyer to Help Your Case?

Hiring a personal injury lawyer can be a pivotal decision when navigating the intricacies of a personal injury case. These legal experts offer a myriad of advantages ^[12] that can enhance the strength of your claim and ensure you receive the compensation you deserve.

Here’s why enlisting a personal injury lawyer is a prudent choice:

• Unearthing Crucial Details: Lawyers have the expertise to identify overlooked factors that might have contributed to the accident which ensures that no vital information is missed during the claim process.
• Preserving Testimonies: Over time, witnesses or involved parties might alter their accounts intentionally or due to memory lapses. Lawyers ensure that essential testimonies are accurately documented and preserved.
• Championing Against Insurance Companies: Insurance firms often aim to minimize their payouts. A personal injury lawyer will advocate for you and strive for the most favorable settlement. When negotiations stall, they can take the case to trial if necessary.
• Clarifying Liability: Pinpointing responsibility in accidents is often a complicated matter. Lawyers can dissect any complexities to pinpoint all liable entities.
• Expert Court Representation: If your case proceeds to trial, having a seasoned litigator by your side can substantially boost your chances of a successful outcome.
• Objective Insight: Post-accident emotions can potentially skew decisions. Lawyers provide a balanced, objective viewpoint, ensuring emotions don’t jeopardize your claim.
• Understanding the Claim Process: The personal injury claim journey can be daunting. With a lawyer’s expertise, you’ll be equipped with a clear understanding of relevant laws, efficient information gathering, and guidance throughout the entire process.
• Medical Care Network: Top-tier personal injury lawyers often have vast networks and access to medical experts that ensures their clients receive optimal medical care.

Hiring a personal injury lawyer not only offers expert guidance but also safeguards your rights, enhancing the likelihood of a positive resolution in your case. For anyone embroiled in a personal injury scenario, this decision is invaluable.

What Should You Look for in a Good Personal Injury Lawyer?

Selecting the right personal injury lawyer is a crucial decision that hinges on various essential factors. When considering representation, it’s imperative to assess the following attributes ^[13] in a lawyer:

1. Relevant Expertise: Ensure the attorney has a history of handling cases akin to yours. Their familiarity with similar cases can be invaluable during negotiations with insurance companies.
2. Proven Success: A distinguished lawyer should showcase a consistent track record of devising effective legal strategies which lead to significant settlements for their clientele.
3. Dedication to Your Case: It’s vital to engage a lawyer who can allocate ample time and resources to your case which guarantees it receives the requisite attention.
4. Proficient Negotiation Abilities: As many personal injury settlements are finalized outside the courtroom, a lawyer’s capability to present a compelling case and adeptly negotiate is paramount.
5. Litigation Expertise: While reaching settlements is common, it’s essential to have a lawyer experienced in courtroom proceedings who is ready to litigate if necessary.
6. Meticulous Investigation: A top-tier personal injury lawyer will meticulously probe your case, amass pivotal evidence, and potentially collaborate with a network of experts to fortify your claim.
7. Effective Communication: Your chosen attorney should be an attentive listener, keenly understand your narrative, and maintain transparent communications throughout the legal journey.
8. Ongoing Learning: With the ever-evolving legal landscape, it’s crucial to have a lawyer committed to continuous education to ensure they remain abreast of current legal developments.
9. Empathy and Rapport: A harmonious attorney-client relationship is foundational. Your lawyer should exude genuine compassion for your situation and strive relentlessly for your best outcome.

The ideal personal injury lawyer embodies a blend of experience, dedication, and empathy. These characteristics epitomize the personal injury attorneys at Mesriani Law Group.

Read more: How to Find the Best Personal Injury Lawyer

Read more: What You Should Look for in a Personal Injury Lawyer

Read more: Questions to Ask Before Hiring a Personal Injury Lawyer

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“No Win, No Fee” Policy

Mesriani Law Group has over two decades of experience in protecting victims of personal injury accidents in San Diego. We understand that victims of accidents are sometimes hesitant to file a claim for damages against a responsible party due to perceived high legal fees. To resolve this matter and help more people get the best compensation they deserve, we offer a “No Win No Fee” guarantee to all our clients. This means that if we are not able to provide you with the justice you deserve, you don’t have to pay us anything for our legal services regardless of the complexities of your claims. We offer this because we are confident that our experience, expertise, and dedication will provide the best chance of getting the maximum compensation you deserve.

Free Consultation with a San Diego Personal Injury Lawyer

Personal injury cases can be complicated and attempting to negotiate your claims on your own is the worst move you can make if you have sustained serious injuries. You need an experienced and qualified attorney to represent you for your personal injury claims. Mesriani Law Group’s San Diego personal injury attorneys have successfully represented victims of accidents and negligence throughout the state of California for over two decades. Our top-notch and dedicated personal injury attorneys are driven to protect your rights and represent you from start to finish, giving you the maximum compensation that you deserve. 

With a No Win, No Fee policy for all our clients, you don’t have to worry about high legal fees to file claims against other parties. If we don’t win your case, you don’t have to pay us anything.

Let us focus on winning your case while you focus on moving forward! Call Mesriani Law Group now at (310) 826-6300 or message us online to schedule a FREE consultation.

When should you contact a personal injury lawyer?

You should contact a San Diego personal injury lawyer as soon as the accident happens or after you have received immediate medical attention. It is best to seek consultation with a personal injury lawyer when the details of the incident are fresh and when the statute of limitations has the largest window to file.