Suffering an injury or losing a loved one can change your life forever. If someone else was to blame for the harm you endured, it’s crucial you understand California laws that allow you to be “made whole” for the damage you experienced.
Miller & Steele Law Firm is a personal injury law firm that is dedicated to helping victims recover the compensation they need to rebuild their lives after an accident or a loss. We have represented clients in more than 100 jury trials and many more out-of-court settlement negotiations and we have more than 70 years of collective experience fighting for those hurt by negligence or wrongdoing.
We care about every client, and we’ll put our extensive experience to work to get you the money you deserve. Contact a Vista personal injury lawyer today at (760) 439-2210 to schedule a free consultation and learn more about how we can help with your case.
How Can a Vista Personal Injury Lawyer Help Me After an Accident?
Personal injury lawyers are legal advocates for their clients. We ensure that you understand your legal rights and options, protect you from insurance companies who prioritize profits over your well-being, and fight for the compensation you are due. We want to help hold the at-fault party accountable for your injuries and prevent further accidents from occurring.
When you hire our law firm, you can trust us to:
- Answer any questions you have about filing a personal injury claim
- Investigate the accident to determine if you have a viable personal injury case
- Identify all at-fault parties
- Gather evidence to prove fault and damages
- Compile documentation related to the full extent of your injuries
- Work with experts, as necessary, to help establish the legal elements of your claim
- Negotiate for maximum compensation
Whether we are able to resolve your case out of court or go to trial, you can trust that we will protect your interests at every phase of the case. Call us today to take advantage of a free case review.
Who is Responsible for an Injury?
When someone gets hurt, it’s important to determine if negligence or intentional wrongdoing played a role.
California Civil Code Section 1714, says “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.”
If someone was unreasonably careless or did something wrong on purpose, they should be required to fully compensate victims who suffered as a result of their actions. This is true even if the victim shares part of the blame, as California applies a legal doctrine called pure comparative negligence, which was established in Li v. Yellow Cab Co., 532 P.2d 1226 (1975).
Pure comparative negligence is an alternative to modified comparative negligence, which allows a plaintiff to sue only those who are at least 50% or 51% responsible for harming them. It’s also an alternative to contributory negligence, which doesn’t allow a victim to sue if they share any blame for the incident.
This legal doctrine makes it easier to get justice, as you don’t lose your chance at holding someone else liable for losses just because some blame was shared. Instead, damages are simply reduced based on the percentage of fault attributed to the victim as explained in California Civil Code Section 1431.2.
Example of Personal Injury Claims
There are many examples of personal injury claims that Miller & Steele can help you with including:
- Car accident claims: Whether you were hurt on a motorcycle, harmed by a large truck, or harmed by a distracted, intoxicated, drowsy, or simply careless driver, you may be able to make a car accident claim with the assistance of a Vista car accident lawyer to recover money for economic and non-financial loss.
- Premises liability claims. If you hurt yourself on someone’s property because they failed to maintain it safely, you can make a claim. The test of whether a property owner was unreasonably negligent or not is “whether in the management of his property, he has acted as a reasonable man in view of the probability of injury to others: according to Rowland v. Christian (1968) 69 Cal.2d 108
- Dog bites. A strict liability rule applies under California Civil Code section 3342, which makes dog owners liable for any losses from an unprovoked attack against someone who is lawfully on public or private property. Strict liability means you don’t have to show the owner was negligent or the dog had a history of aggressive behavior to make your case.
What Do I Have to Prove to Win My Personal Injury Case?
As the plaintiff in a personal injury case, you have the burden of proving the legal elements of your claim by the preponderance of the evidence. This means that it is more likely than not that the following apply to your case:
- The defendant owed you a duty of care.
- The defendant breached the duty of care.
- The defendant’s breach caused your injuries.
- You suffered damages as a result of the accident.
An experienced Vista slip and fall attorney can gather evidence to help establish your claim, such as:
- Accident reports
- Medical records
- Witness statements
- Video footage
- Photos of the accident scene
- Business and employment records
- Electronic records
In some cases, we hire accident reconstruction experts and others to help establish the legal elements of your claim.
What Financial Compensation Can I Recover in a Personal Injury Claim?
Personal injury victims have the right to recover compensation for their economic and non-economic damages. Economic damages are direct financial losses you suffer as a result of the accident, such as:
- Medical expenses
- Lost wages
- Reduced earning capacity
- Property damage
- Out-of-pocket expenses
Non-economic damages are intangible losses, such as:
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of enjoyment of life
Let our experienced legal team review your case and assess its value.
What Is the Deadline to File a Personal Injury Lawsuit in California?
The statute of limitations is an important law you should know if you are considering filing a personal injury case. This law limits you to two years from the accident date to file a lawsuit. If you do not settle your case and this deadline passes, you can lose your opportunity to recover compensation through the courts. Protect your rights by contacting an experienced Vista personal injury lawyer for a free case review.
Get Help from a Vista Personal Injury Attorney Today
Miller & Steele is ready to help with your personal injury claim. Give us a call today at (760) 439-2210 to schedule a free consultation with our compassionate and dedicated legal professionals to understand more about how we can help you get justice.