Serious Personal Injury San Diego

No matter how serious your injury, our San Diego team is here to help.

Serious Personal Injury San Diego Overview

Traumatic injuries can cause a person to suffer a lot more than just pain. The cost of medical bills piling up, the time off work to recover, plus the emotional suffering all takes a toll on an injured person and their family members. Although nothing can turn back time, Walker Law may be able to help you recover the costs of a traumatic injury caused by a car accident, motorcycle accident, slip and fall, faulty product, and many other situations. If you or a loved one have been seriously injured in a preventable accident, contact our San Diego personal injury attorney for your free consultation.

Serious Personal Injury Cases We Handle

Personal injury law is an area of law designed to protect individuals who are harmed because of the actions of others leading to an injury. Personal injuries can be inflicted by one or more individuals through negligence or reckless actions. As a result, victims are forced to deal with the aftermath that could define their lives forever. Commonly seen personal injuries we see at Walker Law include:

• Traumatic brain injury
• Slip and fall
• Dog bites
• Construction site accidents
• Spinal cord injuries
• Burn injuries
• Back injuries
• Medical malpractice
• Motorcycle accidents
• Car accidents
• Wrongful Death
• Workplace accidents

Damages in a Personal Injury Claim

Personal injury claims are typically brought up on the legal theory of negligence. The basis of negligence is that someone failed in their obligation to exercise proper care that led to the injury of an individual. The damages that occur as a result of negligence may not only affect the victim’s financial stability but may also cause devastating pain and trauma.

Even if negligence by the defendant has been proven in a personal injury claim, the plaintiff must still show that injuries were suffered that are recoverable. The damages the victim incurs will determine how much the victim can recover. There following are various types of damages that are recoverable:

• Economic Compensations – Economic compensation includes direct financial damages, such as expenses from medical treatments and loss salary due to injuries.
• Non-economic Compensations – These indicate damages that harm the victim(s) emotionally including pain and suffering, loss of a family member, loss of quality of life, and required emotional assistance.
• Punitive Damages – Punitive damages may be awarded to victims that have been injured due to extremely negligent or malicious actions. They are intended to punish those who engage in severe misconduct and to disincentivize others from repeating actions knowing the consequences. Punitive damages can only be applied in certain extreme circumstances. Under the California Civil Code § 3294, punitive damages should consider whether the victim should have already been compensated for other losses, the actions of the at-fault party were intentionally done despite consequences, and the actions of the defendant should have directly harmed the victim.

Preparing for Trial in a Personal Injury Claim

While most personal injury claims may settle, preparing for trial in a personal injury claim is an important step to demonstrate to the other side that the plaintiff is serious about fighting a case. Strong legal representation who will formulate a proper legal strategy is important for the success of the plaintiff. In preparation for trial, a strong legal advocate considers:

• The namesake of having a lawyer with a positive reputation – Insurance companies do not want to spend their time and money fighting a case. A lawyer who is a well-known advocate amongst other personal injury lawyers, judges, and insurance companies lets the insurance company know that the plaintiff means business. Insurance companies know when the plaintiff is represented by a trial attorney and in many cases, the insurance company might choose to settle rather than to fight an attorney who knows what to do.
• The strength of the evidence in discovery- Most negotiations prior to the discovery part of a case are “smoke and mirrors”. The plaintiff is looking to recover as much as possible and the defense is looking to pay as little as possible. The side that reveals evidence of a “smoking gun” is likely to fair well if the case goes all the way to a decision in court.
• The judge’s ruling on preliminary motions – There are multiple steps before a case goes before trial. These steps include stating a claim, responding to a claim, requesting evidence, deposing witnesses, asking the judge to dismiss the claim, etc. The judge’s ruling on some of these preliminary steps can be an indicator of how the judge might rule if the case goes all the way to trial. The decisions can also aid or seriously hamper a side’s chances. Therefore, having a strong attorney who clearly fights for the plaintiff on day one is crucial as every ruling can have a lasting effect on the chances of winning.

What to Do Following A Serious Injury

After suffering a personal injury, a flurry of important activity begins right away. During this confusing time, the following are recommended steps to ensure your claim has the best chance for success:

• Seek medical treatment immediately – Aside from getting the medical treatment necessary to treat an injury, seeing a medical professional can be a crucial piece of evidence in recovering damages. The documentation of the medical professional’s assessment can demonstrate the extent of injuries caused by the accident.
• Collect documentation of the facts related to your case – As time goes on, memory fades. Gathering a list of potential witnesses, organizing photos of the accident scene, and preserving items can all be important to proving a case months from the accident.
• Write down the details of the accident – Immediately after an accident, a claim could be filed with an insurance company. Whether it’s the victim or the other side’s insurance, the insurance company will likely want to take a statement. Writing down the details and preparing an answer prevents a misspoken statement from being recorded by the insurance company
• Contact an attorney – Given the rapidness of the events that occur following an accident, reaching out to an attorney as soon as possible can help to assist processing the aftermath. An attorney can help to advise for any evidence collection or statements requested by insurance to make sure the victim does not damage their chances of recovery. An attorney can help to assess whether the injury should be brought as a personal injury claim.

Contact Walker Law Today for A Free Evaluation

Personal injury claims are serious situations that can quickly become extremely complex. Without qualified representation, it may be difficult to obtain the compensation you need to move forward.

If you have suffered a serious injury in San Diego, the personal injury attorneys at Walker Law can help. We offer a free and confidential case evaluation and never charge a fee unless we win. Call today to speak with an attorney.