How do I know if I have a legitimate personal injury lawsuit in San Diego?

A victim and their attorney can not request punitive damages in a lawsuit, meaning that you will not factor these possible awards into the amount that you are seeking. Punitive damages are awarded in personal injury lawsuits in San Diego when the actions of the responsible party are particularly egregious or irresponsible and serve to punish them for their actions. In cases where the defendant is a major corporation or party with significant financial assets, punitive damages may be awarded as a way to ensure that the costs actually feel restrictive.

Will I be awarded punitive damages in addition to compensatory damages?

A victim and their attorney can not request punitive damages in a lawsuit, meaning that you will not factor these possible awards into the amount that you are seeking. Punitive damages are awarded in personal injury lawsuits in San Diego when the actions of the responsible party are particularly egregious or irresponsible and serve to punish them for their actions. In cases where the defendant is a major corporation or party with significant financial assets, punitive damages may be awarded as a way to ensure that the costs actually feel restrictive.

What Is a Personal Injury Claim?

A victim and their attorney can not request punitive damages in a lawsuit, meaning that you will not factor these possible awards into the amount that you are seeking. Punitive damages are awarded in personal injury lawsuits in San Diego when the actions of the responsible party are particularly egregious or irresponsible and serve to punish them for their actions. In cases where the defendant is a major corporation or party with significant financial assets, punitive damages may be awarded as a way to ensure that the costs actually feel restrictive.

How much is my personal injury case worth?

A victim and their attorney can not request punitive damages in a lawsuit, meaning that you will not factor these possible awards into the amount that you are seeking. Punitive damages are awarded in personal injury lawsuits in San Diego when the actions of the responsible party are particularly egregious or irresponsible and serve to punish them for their actions. In cases where the defendant is a major corporation or party with significant financial assets, punitive damages may be awarded as a way to ensure that the costs actually feel restrictive.

Calculating and Negotiating Damages

A victim and their attorney can not request punitive damages in a lawsuit, meaning that you will not factor these possible awards into the amount that you are seeking. Punitive damages are awarded in personal injury lawsuits in San Diego when the actions of the responsible party are particularly egregious or irresponsible and serve to punish them for their actions. In cases where the defendant is a major corporation or party with significant financial assets, punitive damages may be awarded as a way to ensure that the costs actually feel restrictive.

Common Types of Personal Injury Cases in San Diego

A victim and their attorney can not request punitive damages in a lawsuit, meaning that you will not factor these possible awards into the amount that you are seeking. Punitive damages are awarded in personal injury lawsuits in San Diego when the actions of the responsible party are particularly egregious or irresponsible and serve to punish them for their actions. In cases where the defendant is a major corporation or party with significant financial assets, punitive damages may be awarded as a way to ensure that the costs actually feel restrictive.

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Reina Olsen

“I have been an Injury Insurance Adjuster for many years. I was now in a situation where I was on the other side of the coin. I made sure to scan through attorneys before picking one. In my line of business attorneys are our enemies so I was extremely...”

Elizabeth Velazqz

“They were so patient and kind. I was a bit reluctant in getting a lawyer, but they answered all my questions and washed all my worries. I am so happy with the settlement and their service.”

Jenny Choeun

“I just wanna give a shout out to Richard Morse if anyone looking for a good lawyer he will be your best bet. He is very genuine and trustworthy, always communicating with you on the case and goes the extra mile to ensure his clients are taken care of to the best of his abilities!”

Russ Cyr

“I decided to use Injury Trial Lawyers, APC after much research. From the first call to the completion of my case the process was just outstanding. Richard Morse III proved to be honest and very responsive. My case was one that required a great not just good Lawyer and Mr. Morse showed me step by step what the process would be and what to expect along the way. If you want to feel comfortable with a proven winning team I recommend the Injury Trial Lawyers, APC.”

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Ryan

“They are the best personal injury trial lawyers in San Diego, they were so helpful and kept us updated and informed throughout the entire process and made the experience easy and stress less.”

Katie Blackburn

“When I needed help with a car accident I called Injury Trial Lawyers in San Diego. Richard Morse walked me through the process, helped me to understand the best way to proceed, and made me feel at ease in a very stressful situation. I highly recommend this firm to anyone who needs help with an insurance company. You can rest assured knowing you are in good hands.”

Andrew Tutino

“Very friendly and professional office. The staff is kind and always follows-up with you. If you need a hard-working attorney call this office and ask for attorney Richard Morse!!!”

Personal Injury Attorney San Diego

If you have been injured as a result of someone else’s reckless, negligent, or malicious behavior, then you need to hire a personal injury attorney San Diego as soon as possible to help you fight for the compensation that you truly deserve. The award-winning team at Injury Trial Lawyers, APC has a long history of success representing a wide range of injuries, starting with filing an insurance claim and all the way through to the ruling at a trial. In many instances, a personal injury attorney San Diego will need to hand a case over to a trial lawyer, since trials are so rare and specific; luckily, when you are working with Injury Trial Lawyers, APC you will not need to worry about this transition.

Contact Our Law Firm Now To Speak With an
Experienced Personal Injury Attorney

Deciding to hire a personal injury lawyer in San Diego is an important step towards getting fair compensation and treatment from the insurance company, and during our free consultation, we will be happy to discuss your case with you, answer important questions, go over our excellent track record, and ultimately give you the information necessary to confidently choose to work with our legal team. An injury of any type can have serious impacts on a victim’s life and wellbeing, and a serious injury after an accident can have wide-ranging consequences that can continue to create problems for a victim for years to come.

In some instances, someone may be injured in an accident that is someone else’s fault, which means that they have the right to seek compensation in the form of a personal injury claim against the responsible party or their representative insurance company. Getting into an accident or otherwise being injured in a situation that is covered by an insurance policy is very helpful because you can be certain that there are funds available for you, but there are still a variety of issues that you will need to deal with in order to ensure that you get the money you rightfully deserve.

Read more below to get a better idea of some of the ways that we can help you get the money that you deserve by taking on the insurance company head-on.

Why You Might Need a Personal
Injury Attorney

Working with an insurance company seems to be a fairly straightforward, simple process, which is exactly what the insurance company would like for you to believe so that you do not feel compelled to hire an attorney. The reality of the situation is that the insurance company is working aggressively on their end to limit the amount that they ultimately offer you for a settlement. When you accept a settlement from an insurance company, you will need to additionally waive your rights to any future legal actions relating to this specific accident, meaning that if any additional issues were to arise, you have no recourse.

When you hire a personal injury attorney, whether you are working with an insurance company or directly with the party responsible for your injuries, you can be confident that you have the right legal representation to maximize your chances of a good outcome. The team at Injury Trial Lawyers, APC has a history of successes representing victims of personal injuries for a variety of injuries and has helped out clients get settlements that fairly compensate them for the unfortunate injuries that someone else’s actions caused.

Emotional and mental stress is routinely proven to have a significant impact on the process of physical wound recovery, and by working with personal injury attorneys you can shield yourself from a lot of the daily stressors that come with communicating with the insurance agent, calculating your own damages, negotiating a settlement, and trying to self-educate on complicated legal matters to defend your rights to compensation. The team at Trial Injury Lawyers, APC understands the importance of taking on as much stress as possible to keep our clients on the path towards recovery, and we will be proud to extend this stress relief to you during our work together.

Insurance companies rely on settling cases directly with accident victims who are not represented by injury attorneys, since they have a much better chance of a low settlement when the victim is not aware of their options or the amount of money that they actually deserve. When you are working with our law firm, you can be confident that we will take all of the necessary steps to calculate an accurate summary of your damages, and then negotiate aggressively in order to reach an out of court settlement. Fortunately for you, if we must move forward with a lawsuit through the California courts, our legal team is comprised of seasoned trial lawyers who are ready to take your case all the way to get you what you deserve.

When you are backed by a legal team of seasons personal injury attorneys, you will not need to question your decisions, research exhaustively before each step you take, or worry that you are taking the incorrect actions to get the money that you deserve. Our years of personal injury cases in California lends to our experience with all matters of personal injury law, so we can take care of the legal legwork while you focus on making a full recovery and getting your life back on track.

Personal Injury Practice Areas

The following are some of the most common practice areas that our personal injury lawyers in San Diego handle. Whether or not you see your own situation mentioned below, be certain to contact us as soon as possible so that we can discuss your accident, your injuries, the steps that you have taken for your injury claim, and more during our free initial consultation.

Auto Accidents

With over 27,000,000 licensed drivers in California, it is no wonder that there are many car accidents each day throughout the state, with nearly 4,000 fatal accidents happening each year. No matter how vigilant and safe of a driver you may be, you are always at risk of being in an accident that someone else causes due to their own negligence, recklessness, or malice. The most common causes of car accidents in California include driving under the influence of alcohol or other drugs, texting while driving, and speeding, among others. If you have been in an accident that someone else caused, contact our law firm today for a free consultation to learn more about how we can help you fight for the money you deserve.

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Pedestrian Accidents

From scenic coastal roads to high mountain passes, California has a wide variety of roadways that vehicles and pedestrians must share with each other. Unfortunately, even on the most well-marked roads in the state, there will always be a risk of a pedestrian accident. Some common causes of pedestrian accidents include things like distracted drivers, misunderstandings about lane markings, and more. There are a lot of different factors to consider in terms of pedestrian traffic law and rights of way, and we will help you through these and more in the fight for the money that you deserve for your injury claim.

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Premise Liability

When you enter someone else’s property legally, you have every right to expect that the property owner or manager has gone to appropriate lengths to ensure that your visit will be safe from injury. However, this is not always the case. Property owners cut corners on maintenance issues that can lead to falls downstairs, slips on uneven walkways, and even injuries from falling objects. In addition, common premise liability “slip and fall” cases stem from things like wet floors, icy sidewalks, and other failures to address upkeep as necessary.

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Dog Bites

California has a “Dog Bite” statute in section 342 of the Civil Code. Because of this statute, a dog owner is held responsible for any damages suffered to a victim as long as the bite happened in a public place, while the victim was lawfully on private property, or legally on the dog owner’s property. There are no exceptions to this legal obligation whether or not the dog has a history of attacks or signs of aggression, meaning that even the first attack obligates the owner to compensate the victim. The owner assumes strict liability of their dog, meaning that you will not need to prove negligence in order to open a case against them.

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Motorcycle Accidents

From the Canadian border to the Mexican border and everywhere in between, California is an incredible state to enjoy scenic views and thrilling roads on a motorcycle. However, motorcycles come with a unique set of risks because of their small size and limited visibility, as well as the fact that there is no structural protection for riders in the event of a crash. If you are in a motorcycle accident that someone else caused, your injuries may be far worse than they would be if you were in a car, meaning that your medical bills and recovery costs will likely be higher. We are happy to take on cases like these and fight for what you deserve.

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Truck Accidents

When you share the road with a commercial truck, you can take comfort in the fact that truck drivers are held to rigorous licensing standards and ongoing certification requirements in order to continue operating these massive vehicles. In addition, nearly all commercial vehicles have a high policy limit for paying damages out to victims, but neither of these facts means that you are immune from accidents with drivers, or that you will be able to get the money you deserve without a fight. Our team is happy to help you through the process of a commercial insurance claim to get fairly compensated so that you can move forward with your life without taking on the financial burden of someone else’s actions.

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Uber Accidents

Every time you climb into the back seat of an Uber, you are entrusting your safety to a stranger. Why do we trust this process? For starters, Uber Technologies, Inc has strict quality standards for their drivers, including ongoing quality checks, background checks, licensing requirements, and vehicle maintenance requirements. Yet, no matter what lengths anyone goes to in order to ensure safety, there is no guarantee that an accident will not happen. If you have been in an accident as a passenger in an Uber, we will be able to help you understand the law and fight for the money that you deserve through the insurance policy that Uber extends to passengers during their rides.

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Bicycle Accidents

California is an ideal state for cycling enthusiasts of all types, and many of the major cities in the state have taken significant steps towards improving cyclist safety such as protected bike lanes, increased public awareness of cyclist rules, and more. If you are in an accident while cycling in California, it is important that you work with personal injury attorneys who are experienced with these types of cases in order to help build a strong argument during your injury claim for the money that you deserve. Our understanding and experience with bike law will be a major benefit to you throughout this process, and our history of bike accident cases has a track record to prove it.

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Vikas Bajaj

Why Choose Injury
Trial Lawyers

Choosing the personal injury law firm that is right for you can be an overwhelming process on its own, but our legal team is happy to speak with you in specific detail about your situation as soon as possible during a free initial consultation. We are confident that after speaking with our personal injury lawyers, San Diego law firms other than ours may not seem worth considering. The work that we do with accident victims has a winning track record, and the personal care that we extend to each of our clients after a car accident, premise liability, or any other type of personal injury is apparent from the moment we first speak with each other.

In addition to the personal care that you will get from our personal injury lawyers, we are also trained injury trial lawyers. While this may not seem like a significant factor, most personal injury attorneys in San Diego simply hand off their cases to trial lawyers in the event that their injury claim is not settled out of court. When you are working with the personal injury lawyers at Injury Trial Lawyers, APC, you will not need to worry about being handed off to another law firm if your case is not settled.

Calculating Damages in Personal Injury Cases

The legal framework around what you can and can not include as damages in a personal injury case is complicated, but working with personal injury attorneys, San Diego-based or elsewhere is one of the best ways that you can gather all of the information and reach clear calculations for your injury claim. When you file a claim with an insurance company, you will have a claims adjuster assigned to your case who will spend the next few weeks going through all of the information about your accident and injuries before making you an initial settlement offer. This settlement offer is nowhere near the money that you deserve, but they prey on the fact that you are likely stressed, in pain, and inexperienced with San Diego personal injury law.

Fortunately for you, our law firm will be performing our own investigation at the same time, and your personal injury lawyer will be able to make a counteroffer based on what you are truly owed to initiate a series of negotiations. The goal is often to avoid involving the California legal system by reaching an out-of-court settlement, but if necessary we will take your injury claim to the California courts to fight for what you deserve in front of a judge or jury.

Personal injury damages are divided into two distinct parts, each of which requires a unique approach and understanding of personal injury law to calculate effectively:

Economic Damages

Economic damages are the basis of your claim, and your attorney will be able to help you gather all of the evidence that you need in order to present a comprehensive case for what you are entitled to here. These damages include anything that has a measurable dollar value associated with them, meaning anything that has a receipt, invoice, bill, tax statement, or other financial tools that can prove the amount of the damage after a car accident or San Diego personal injury.

Economic damages include things like your medical bills and all associated recovery costs, as well as lost wages and any other impacts on your earnings. If you had to use paid time off or vacation days to cover missed days at work, or if your injuries have led to a diminished earning capacity or have rendered you unable to perform your work, your attorney will be able to calculate these long-term damages in addition to the short-term measurable losses. It is important that you work with a legal professional to quantify these long-term losses so that you receive a fair settlement because otherwise, you will need to absorb these financial impacts on your own once you sign a waiver to accept the insurance company’s offer.

Economic damages include:

Medical Bills
Property Damage
Nursing Care
Lost Income

Non-Economic Damages

Non-economic damages are more difficult to calculate, both for attorneys and personal injury victims alike, but they are equally important in California law, and you are entitled to seek full compensation for these “abstract” damages. They include things like the pain and suffering that come with a serious injury, as well as the anxiety, fear, or trauma that come from experiencing a serious car accident or other personal injuries.

To calculate these types of damages, your San Diego personal injury lawyer will choose from a range of legal tools that are meant to quantify these impacts on your life in a measurable dollar value. Insurance companies prefer to avoid these types of damages because they are easier to push back on when there isn’t a law firm involved in the process, but since you are represented by an experienced legal professional, you can be confident that your San Diego personal injury attorney will be fighting to secure every last dollar that you are entitled to under California law.

Non-Economic damages include:

Pain and Suffering
Embarrassment
Emotional Distress
Disfigurement

Frequently Asked
Questions

The following are just a sample of the many questions that we are happy to answer for our San Diego personal injury clients, both during our initial consultation and throughout the work that our law firm will do with our clients through their case. Keep in mind that these answers are not intended to be interpreted as legal advice, and are simply meant to give you a general idea of how your experience may be relating to these specific questions.

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Determining the true cost of your accident will take a significant amount of research, and your attorney will be able to use the time that the insurance company is performing their own claims investigation to gather ample evidence about ultimately make the calculations to determine how much you are truly entitled to as a victim of a personal injury. However, there is no simple manual that indicates the amount a victim is owed based on variables x, y, and z, so to even get a sense of what your claim is worth you will need to gather ample documentation about your specific case.

Under California law, your rights as a victim in an accident that happened while you were breaking the law can tend to fall into a gray area that your attorney will need to investigate further. In many cases, your claim will be denied outright because you were violating state or federal law, and may invalidate your rights to seek any compensation at all. Again, though, this is best discussed with an attorney directly to understand your options and how best to move forward from here.

Working with the award-winning team at Injury Trial Lawyers, APC is an easy decision when you consider the many cases we have successfully represented in our past, the level of care that our attorneys give to each client, and the fact that we can take your claim from the first filing with the insurance company all the way through to trial. If you are working with an attorney without trial experience, you will need to be handed off to a trial attorney if it gets to that point, which can be a jarring and disruptive experience.

A significant number of personal injury claims are settled before there is ever even a lawsuit filed, and even if you do file a lawsuit, there is a significant chance that there will be a settlement before trial. However, there is no guarantee that you will avoid trial, regardless of what the statistics indicate. We may now be certain that we can settle your cause until negotiations are well underway, but regardless of the direction that your case goes in, you can be confident in the work that you will get from the attorneys at Injury Trial Lawyers, APC.

As with anticipating whether or not your claim will need to go to trial, there is no easy way to determine how long it will take to reach a settlement or conclude a trial. In some instances, the evidence may be compelling and the insurance company could be extremely motivating to settle in order to avoid a trial where the courts will almost certainly side with you, but in cases where it may not be so cut-and-dry, the insurance company could push back for years. California has a statute of limitations for personal injury cases that is generally two to four years from the date of the accident (there are many exceptions to this statute), so we will need to decide whether or not to file a lawsuit before then if a settlement has not been reached.

There is no law saying that you need to have an attorney in order to file an insurance claim or to file a lawsuit in the California courts, but the reality is that you will significantly benefit from legal representation throughout the process. Personal injury law is complicated, and when you are trying to recover from serious injuries at the same time that you are trying to manage your own case, the experience can become extremely overwhelming and detrimental to your health.