WHAT IS A PERSONAL INJURY CLAIM?

“Personal injury” is a broad term used to refer to cases where someone, referred to as the victim, suffers bodily injury because of the negligent, reckless, or intentional acts or omissions of someone else. In a personal injury case, the victim can recover for the bodily injuries they suffered as well as other harm such as past and future financial burdens because of the injury, pain and suffering, and mental health issues arising from the accident.

COMMON TYPES OF PERSONAL INJURY CASES IN VISTA

Vista, California is known for its many breweries and also has a number of bars and restaurants where that offer alcoholic beverages. Unfortunately, not everyone behaves responsibly, and some people drive intoxicated. Drunk driving accidents are a common cause of personal injuries in Vista, California. In addition to criminal liability, which law enforcement handles, it may be possible to bring a personal injury claim against a drunk driver that caused your injuries. Other roadway accidents that commonly cause injuries in Vista include:

• Car Accidents
• Truck Accidents
• Motorcycle Accidents
• Bicycle Accidents
• Pedestrian accidents

Not all accidents occur on roadways; other common causes of personal injuries include:

• Dog Bites
• Slip and Falls
• Medical malpractice during the birth of a child
• Premises Liability

In sum, personal injuries in Vista can have many different causes. Suppose you have suffered personal injuries that you think were caused by someone else. In that case, the Vista personal injury lawyers at Gomez Trial Attorneys can help you pursue compensation with no upfront payment from you.

PROVING FAULT IN A VISTA PERSONAL INJURY CASE

Not all injuries are compensable in court. For another person to be liable, in other words, legally responsible for the harm you suffered after an accident, you must prove they are legally at fault. The most common basis of legal fault in a Vista personal injury case is negligence. To prove negligence in California, you must present evidence that establishes the following:

• The defendant owed a duty to keep you safe from harm;
• The defendant failed to meet their duty; and
• Their failure caused you harm, called damages.

COMMON TYPES OF PERSONAL INJURIES

Injuries in Vista personal injury cases range in severity. Some incidents cause relatively minor injuries, while others cause catastrophic injuries and even death. The more severe the injuries, the more compensation that is likely. For example, someone who suffers from a traumatic brain injury (TBI) after an accident will almost certainly recover more than someone who suffered from a broken leg. Some common types of injuries that victims in a Vista personal injury case may suffer from and pursue compensation for include the following. HEAD AND BRAIN INJURIES Head and brain injuries can have serious consequences. Some victims even suffer permanent disability as a result of injuries like these. Our mental, cognitive, and sensory abilities all rely on full brain functionality. When injury damages or disrupts that functionality, so are our abilities. Victims of injuries like these (and those around them) need to look out for certain symptoms. Symptoms that appear after a head or brain injury can be especially important; many brain injuries result in death, so catching symptoms in a timely manner is crucial:

• Concussions
  • Whiplash-type injuries or violent headshaking or collisions can cause them.
  • Victims may experience brief losses of consciousness or appear dazed.
• Hematoma in the brain
  • Hematomas have the potential to lead to permanent brain damage
  • They occur when blood clots form outside of the blood vessels in the brain.
• Skull fractures

BROKEN AND FRACTURED BONES AND LACERATIONS Think of a car accident. Car accident cases are, by far, some of the most common personal injury cases in America. Some of the initial resulting injuries that may come to mind likely involve broken bones or cuts (also known as lacerations) somewhere on the body. Injuries like these, which can occur for a variety of reasons, can seriously impact a victim’s life. The average laceration may not change somebody’s way of living, but one large enough to require stitches and specialized medication might. Fractures may fail to heal properly in the future or may be severe enough that treatment takes extended effort. ELECTROCUTION, BURNS, AND DROWNING Some people are injured under unique circumstances. Oftentimes, these have to do with a victim’s job. Electricians are at high risk of being electrocuted, for example, especially compared to somebody who’s never dealt with wiring or electricity in their life. The most notable personal injuries that involve special circumstances are electrocution, burns injuries, and drowning. Each of these required a unique set of circumstances to occur, and each has the potential to cause life-threatening injuries.

COMPENSATION FOR VISTA PERSONAL INJURIES

In most Vista personal injury cases, if you prove the defendant is liable, you can recover compensatory damages that compensate you for the loss you suffered. These types of damages are generally broken down into two categories: economic damages which can readily be calculated (like medical expenses), and non-economic damages, which don’t have an exact numerical value attached (like pain and suffering). Examples of compensatory damages, you may be able to recover include:

• Past and future medical expenses
• Lost wages
• Cost of specialized medical equipment
• Lost or impaired future earning capacity
• Disability
• Pain and suffering
• Loss of enjoyment of life
• Loss of consortium (damage to marital relationship)
• Funeral expenses
• Punitive damages (sometimes)

In limited cases, you may also be able to recover punitive damages. Punitive damages, called exemplary damages in California, are designed to punish the defendant for their wrongdoing. Because their purpose is to punish punitive damages are often quite high. You must prove all of your damages. Evidence such as medical bills, medical records, witness testimony, proof of pre-accident wages, and sometimes expert testimony can be used to provide damages. A Vista personal injury lawyer can help ensure you present sufficient evidence to establish your damages.

3 MISTAKES TO AVOID IN YOUR VISTA PERSONAL INJURY CASE

There are, however, a handful of things that most personal injury victims should try to avoid. A personal injury lawyer can help shed more light on why or why not to take steps like these:

• Talking to insurance adjusters. Try not to discuss your case with the responsible party’s insurance company. Insurance adjusters are interested in their employers’ bottom lines. They do not want to help you. Many personal injury victims do end up speaking to insurance professionals; while this is not ideal, you’re unlikely to jeopardize your case unless you agree to a settlement
• Failing to seek comprehensive diagnosis. An accurate, comprehensive diagnosis of injuries is paramount to adequate compensation. If your injuries are improperly diagnosed or treated, you may not receive compensation to account for the total severity of the situation. This could also lead to increased personal danger (and even a risk of death) for victims due to inadequate treatment
• Returning to demanding physical activity too soon. Not only will this hinder the healing process, but it could be used against you by the defendant in court. Take it easy if you’re injured. It’s good for your body, and it’s good for your case

Since each personal injury case is so unique, it can be difficult to offer generalized advice regarding the topic. The sooner you contact a Vista personal injury lawyer in your case, the sooner they can start advising you, and the less likely it is you will make a costly mistake in your case.

PERSONAL INJURY LAWYER VISTA – FAQS

There are few things more frustrating than suffering an injury because of a third party who was acting negligently. No doubt you are worried about amounting medical bills, the time you are losing from work, and regaining your health. The following are answers to some of the most frequently asked questions our Vista personal injury lawyers receive from personal injury victims. WHO CAN FILE A VISTA PERSONAL INJURY LAWSUIT? A personal injury lawsuit may be filed by a victim who has suffered an injury due to the negligence or deliberate action of another person. In a case where a victim has died, their spouse, children, parents, or other persons who were dependent upon their support may also file a personal injury lawsuit. These cases are called wrongful death lawsuits. Under California law, in the case of a minor child, a guardian ad litem is appointed to act in the best interest of the child. Any settlement received would be held in trust for the child. HOW LONG WILL MY PERSONAL INJURY CASE TAKE? No one can tell you with certainty. Some cases settle within a month, while others continue for years until they proceed to trial. The length that it takes to finish or settle a case depends on several factors. Factors that influence a case’s length include injury severity, identification and resources of liable parties, time to recover, and how long it took you to seek legal assistance. The fastest way to resolve your case favorably is to promptly hire a personal injury lawyer to represent you. Our experienced Vista personal injury attorneys know how to efficiently gather and present evidence in a compelling manner and convince the negligent parties that they have nothing to gain by dragging out the process. HOW MUCH COMPENSATION WILL I GET FOR MY VISTA PERSONAL INJURIES? No two injuries are the same, and no two people heal the same way. Numerous factors play a role in how much of a settlement you may be entitled to for your injuries. For example, the amount of medical care you would need plays a significant role. A broken leg typically heals more quickly than a traumatic brain injury. Another factor is how your injuries affect your family. Victims do not bear the full brunt of the aftermath of a brain injury on their own. Because the victim needs more care and there is a great deal of uncertainty, it could affect their entire family. Each of these factors can play a role in how much of a financial settlement you may get for your injuries. THE PERSON RESPONSIBLE FOR MY VISTA PERSONAL INJURY IS FACING CRIMINAL CHARGES — DOES THIS MATTER? It does not matter if the person responsible for your injuries is facing a criminal charge. Personal injury cases are civil lawsuits. This means that even if the person responsible is not held criminally responsible for your injuries, or the death of a loved one, they can still be held civilly liable. The two cases are not connected, and because of the California statutes of limitations, you must file a civil case within two years of the injury. WHAT SHOULD I DO AFTER A CAR ACCIDENT IN VISTA? First, you should seek medical care immediately following a car accident in which you were injured. You should also speak with a skilled car accident attorney before you speak with an insurance adjuster. These steps protect you under California’s laws. Keep in mind that car accidents can be traumatic, and you may not know the extent of your injuries for a couple of days. Insurance companies have well-trained adjusters who will probably contact you soon after an accident and offer to settle your case. It is generally not advisable to accept the initial offer that an insurance company makes following a car accident. WHY SHOULD I AVOID ACCEPTING THE FIRST OFFER MADE BY AN INSURER? Insurance companies may use several tactics to lower the amount they pay out in accident claims. Whether your injuries are the result of a car accident, a slip and fall accident, or from any other personal injury claim, there is likely to be an insurance company involved. Remember, insurance companies make money by collecting premiums, and they lose money when they pay claims. In the aftermath of a claim, they may try to get you to consider settling for what they believe is the lowest amount they can reasonably offer. This will result in the insurer avoiding any payment obligations for future claims, including medical expenses and lost wages you incur after the date of the settlement. If you get a settlement offer and you have not already spoken with a personal injury lawyer, call an experienced attorney immediately. WHAT HAPPENS IF MY INJURY OCCURRED ON THE JOB? California’s businesses are generally required to carry Workers’ Compensation Insurance. In most cases, you cannot file a personal injury lawsuit against your employer. However, this does not mean that you would be unable to file a suit if there is a third party who is responsible for the injury. Some examples where this can happen include an independent contractor who is operating a forklift and causes an accident resulting in your injury. Another instance of a work-related injury would be if you are working on a piece of equipment that turned out to be defective. Even though the accident occurred on the job, the defective equipment may be a result of a manufacturing problem or a maintenance problem that the manufacturer or an outside maintenance company could have caused. To ensure you understand your rights, speak with a personal injury lawyer who has experience handling the type of injuries that you have suffered. THE INSURANCE COMPANY IS CLAIMING MY VISTA INJURY WAS PRE-EXISTING — NOW WHAT? Insurers may use this common tactic to minimize the number of claims they pay out. What will happen is the insurance company could scour your medical records for preexisting conditions and claim the injury already existed to absolve their customers from liability. However, you can even aggravate an existing injury in a slip and fall accident, a car accident, or when you are injured at a construction site because of unsafe conditions. Make sure you talk to your personal injury lawyer in Vista if the insurer claims that your injuries did not result from the accident. These types of situations can be very complicated, making it even more important you speak with a skilled personal injury lawyer who knows the law and has a proven record of success.

HOW LONG DOES IT TAKE TO SETTLE A VISTA PERSONAL INJURY LAWSUIT?

Just like the case of how much you can anticipate in damages, no one can determine the time it will take for a personal injury lawsuit to settle. While you may have time before the statute of limitations expires for filing, the sooner you file a lawsuit in Vista, the sooner it could settle. The insurance company may offer you a settlement that you find acceptable versus going to court to have a trial. If the case goes to trial, there may be a longer period of time between filing your suit and settlement or judgment. If a trial is involved, the defense may appeal, which may mean it will take more time to get the result. Rest assured, however, that we will do everything to resolve your case as quickly and as fairly as possible.

HOW MUCH DOES A VISTA PERSONAL INJURY LAWYER COST?

Personal injury cases often leave victims unable to work, or unable to work as much as before the accident. Additionally, associated medical expenses often quickly eat into savings. The cost of hiring an attorney is understandably a concern. At Gomez Trial Attorneys, we offer a free initial consultation and work on a contingency fee. You pay nothing for our services, and we only recover our fees and costs if we help you to obtain a judgment or settlement. If you are a victim who suffered a personal injury, you probably have a lot of other questions. That is why you should take immediate steps to contact a California personal injury firm with experience in handling a wide variety of cases. Remember, the more serious your injuries, the more complicated your case is likely to be. Do not wait until it is too late to file a claim. Contact someone today to discuss your injuries and what steps you should take moving forward.

NEED A PERSONAL INJURY ATTORNEY IN VISTA? GET GOMEZ.

HOW GOMEZ TRIAL ATTORNEYS CAN HELP At Gomez Trial Attorneys, our team of Vista personal injury lawyers has decades worth of collective experience litigating personal injury cases. We regularly represent clients who have experienced a broad range of injuries. Our team has recovered more than $ 750 million in compensation for California personal injury clients; and, if you’ll allow us, we would be honored to support you during your case as well. We offer potential clients the advantage to engage in a FREE initial consultation. This discussion with a legal professional allows us to evaluate your case, answer your questions, and determine whether our team is the best fit for your case. To sign-up for a free case evaluation, contact us at 833-GET-GOMEZ or here.