If you’ve been injured and someone else was to blame, you may be able to hold the responsible party accountable if their failure to exercise reasonable care was the cause of the harm you endured.
If you can make a successful personal injury claim, you can recover monetary compensation for your losses. You’ll need to understand how to effectively navigate the legal system to do that, though. Miller & Steele Law Firm is here to be your guide.
With more than 70 years of combined experience standing up for the rights of victims, our Encinitas personal injury attorney is prepared and ready to fight for you to get the compensation you deserve after you are hurt as a result of any of the following incidents:
- Bike accident
- Car accident
- Dog bite incident
- Motorcycle accident
- Pedestrian accident
- Premises liability claim
- Rideshare accident
- Slip and fall
- Truck accident
The money you recover in an injury claim can pay your medical bills, cover your lost wages, and provide you compensation for your physical pain and your emotional distress. You deserve the full amount of money you are entitled to under California law to help you rebuild your life. Miller & Steele Law Firm will fight to help you get it.
Our team provides skilled legal representation to injured victims in the Encinitas area, so contact us today to learn how we can help you get full and fair compensation after someone hurts you.
How Miller & Steele Law Firm Can Help After An Injury
In California Civil Code Section 1714, it’s made clear that “everyone is responsible, not only for the result of their willful acts but also for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person.”
Unfortunately, it’s complicated to navigate the legal system and actually hold individuals and companies accountable. That’s where the Encinitas personal injury lawyers at Miller & Steele Law Firm comes in. Our firm focuses exclusively on personal injury cases and we can help at every step of your case including:
- Investigating the incident that harmed you. We’ll work on your behalf to obtain police reports and records and can interview witnesses to the incident. We can even work with you to find experts to testify on your behalf to strengthen your case.
- Identifying all potential defendants. Sometimes, there are multiple parties to blame such as a truck driver and the trucking company employing that driver. We’ll help you identify everyone who could be made to compensate you to ensure there’s enough money and insurance coverage to pay for all losses.
- Putting together a strong case. Our team will help you gather the evidence you need to make the most compelling claim possible. This maximizes the chances you’ll prevail and get the funds you deserve.
- Negotiating with the defendant. With the help of our skilled negotiators, you may be able to reach an out-of-court settlement that is fair and that spares you the stress of a trial.
- Litigating your case. Our attorneys have litigation experience and we’ve stood up in court for our clients to help them win their case when no reasonable settlement offer was made.
We have recovered more than $300 million in verdicts and settlements for more than 3,000 past clients. We have what it takes to make the legal system work for you after an injury.
Who Is Responsible for Personal Injuries?
Because personal injuries can occur under various scenarios, several parties may be responsible for them. Most personal injury cases are based on the legal theory of negligence. Under this theory, the defendant is someone who owed you a duty of care and breached that duty, which caused your injury. To make a successful negligence claim, you must prove the following four legal elements.
- Duty of care – The defendant had a duty to prevent you from being injured.
- Breach of duty – The defendant did something or failed to do something that breached the duty of care.
- Causation – The defendant’s breach of duty was the actual and legal cause of your injury.
- Damages – You suffered damages for which a court can compensate you.
Under this legal theory, various parties can be responsible for personal injuries, including:
- Negligent motorists who text, speed, drink and drive, or commit driver errors
- Negligent bicyclists or pedestrians who disobey the rules of the road
- Truck drivers or trucking companies that do not follow state or federal regulations
- Rideshare drivers who do not drive safely
- Property owners or occupiers who fail to maintain their premises
- Dog owners or handlers who do not prevent dogs in their care from harming others
- Product manufacturers, designers, or retailers who sell dangerous or defective products
An experienced Encinitas personal injury lawyer from Miller & Steele Law Firm can investigate your case and explain who is responsible for your injuries.
How Do I Prove Negligence?
California victims who file personal injury claims have the burden of proof. They must prove that the facts as you allege are more likely than not true. They must present evidence of the following legal elements, such as
- Duty of care – Traffic rules, common law, or other sources that define parties’ legal responsibilities can help identify the legal duty of care.
- Breach of duty – Witness statements, business records, and accident reports may be able to show how the defendant breached the duty of care.
- Causation – Photos or videos of the accident can help indicate how the accident happened and that the defendant’s breach of duty caused it. In some cases, accident reconstruction experts may be hired to use available scientific data from event data recorders or other sources to create visual demonstrations of how the crash occurred.
- Damages – Damages are the compensable losses you suffered as a result of the accident. You can prove economic damages with medical bills, invoices for expenses you’ve incurred, and property damage estimates. For more complex forms of damages, such as future medical expenses or projected future lost earnings, expert witness testimony may be necessary. Other damages, such as for pain and suffering or lost quality of life, are subjective in nature and are based on what a juror believes is fair under the circumstances.
An experienced Encinitas personal injury attorney can carefully sort through your legal claim and locate evidence to establish each element.
Contact An Encinitas Personal Injury Attorney Today
If you or someone you love experienced injuries from car accidents, falls, dog bites, or other incidents of negligence or wrongdoing, you need to get help navigating the legal system so you can get the compensation the law says you are entitled to receive.
Contact Miller & Steele Law Firm today at (760) 439-2210 to speak with an Encinitas personal injury lawyer and learn how we can fight for you.