Accidents in Del Mar can cause serious and life-threatening injuries. When you suffer an unexpected injury you may be forced to spend a lot of money on your recovery. Fortunately, accident victims in Del Mar may be able to recover compensation by filing a personal injury lawsuit against the person responsible for an accident. Contact Injury Trial Lawyers today to find out how we can help you seek fair compensation in your personal injury claim.
Our Del Mar personal injury attorney handles a variety of complex personal injury cases.
Contact our Del Mar personal injury team today to find out how we can help you get the money you both need and deserve after your accident. During your free consultation, we will review your case, determine potential liability, and answer any questions you may have.
Why Should I File a Personal Injury Claim?
Our attorney knows that the time after an accident can be very overwhelming. You have been unexpectedly thrown into a tough situation and may not know what to do. If you have suffered serious injuries you may be forced to undergo costly medical procedures and miss time at work. This can impose serious financial burdens to make a difficult situation even worse. Fortunately, you can reduce the stress of an accident by filing a personal injury claim for damages.
A personal injury claim allows victims to recover the money they need to recover from an unexpected accident. Damages can be awarded to compensate you for bodily injuries, property damage, and emotional distress you suffer because of an accident. An experienced Del Mar personal injury attorney can handle your case and help you pursue a fair settlement or award.
How Long Do I Have to File a Claim?
Most personal injury claims must be filed within two years of an injury-causing accident. If you do not file a claim within this period of time the statute of limitations will expire, and you will likely be prevented from recovering anything at all. There are situations that can cause the statute of limitations to be tolled. When the statute of limitations is tolled (or paused) you will have an additional period of time in which to file a claim. You may have additional time to file a Del Mar accident claim if:
- You were under the age of 18 at the time of your accident;
- The at-fault party is unreachable because they are out of the state or incarcerated; or
- There is a reasonable delay in the discovery of your accident-related injury.
Sometimes the government may be at fault and liable for your injuries. If this is the case, the process for filing a claim for damages is significantly different. If you want to recover compensation from the government you must file an administrative claim within 6 months of your accident. The government has 45 days to respond to your claim. If that administrative claim is denied you will have 6 months to file a civil personal injury claim in court.
It is important to act quickly after your accident. Contact Injury Trial Lawyers today to make sure that you are not prevented from getting the money you need because you failed to file a claim on time.
What Damages Can I Recover From a Personal Injury Claim?
If you have suffered an injury in a Del Mar accident you can request to recover economic and non-economic damages. The specific type of damages you receive will depend on the specific injuries and harms you have suffered because of your accident.
What are Economic Damages?
You can request to recover economic damages if you have suffered financially because of an accident. These economic damages are awarded to reimburse you for financial costs associated with your accident. Economic damages can include compensation for:
- Property damage;
- Hospital bills;
- Rehabilitation;
- Medication;
- Medical devices;
- Lost wages; and
- Reduced earning capacity.
What are Non-Economic Damages?
You can request to recover non-economic damages if you have suffered injuries resulting in emotional, mental, or social harm. Non-economic damages are awarded to hard-to-value injuries, including:
- mental distress,
- embarrassment, and
- loss of enjoyment of life.
It is difficult to assign a standard value for these injuries, which is why awards in personal injury cases can vary significantly.
What If I Am Partly to Blame for the Accident?
In California, accident victims can recover compensation from other parties even if they played a part in causing that accident. This is because California law is designed to follow the theory of comparative fault. Accident victims are not prevented from recovering the money they need but are penalized for their role in the accident. If you are partly responsible for your accident your ability to recover damages will be reduced by the percent of fault attributed to you for the accident.
Imagine that you are driving down Camino Del Mar one afternoon on your way to North Beach. All of a sudden you are sideswiped by another driver who ran a stop sign. Your car is damaged in the accident and you suffer injuries that require extensive medical care. Altogether, your damages total to equal $10,000. If you are assigned 0% fault in this accident you will be entitled to recover the entire $10,000 from the at-fault driver. On the other hand, if you are assigned 30% fault because you were texting and speeding at the time of the accident, you would only be entitled to recover $7,000 from the other driver. Your degree of fault (30%) reduces your total damages ($10,000).
What Happens After I Decide to File a Personal Injury Claim?
Once you have made the important decision to file a personal injury claim for damages our attorney can begin to get to work. In fact, we will start to work on your case the moment you hire us. Our firm has developed a process that allows us to handle your case efficiently and effectively.
Consultation
A consultation is the initial meeting between a client and our Del Mar attorney. During this meeting, we will ask a series of detailed questions to help us gain a better understanding of your specific case. We encourage our clients to be as detailed as possible. We will use the information you give us during this meeting as the foundation for your personal injury case.
Investigation
An independent investigation is essential to a successful personal injury claim. We will never rely on the results of someone else’s investigation into your case. Instead, we will conduct a thorough and in-depth search into your case. During this investigation we may:
- Find and interview witnesses;
- Review police reports, photographs, and medical evaluations;
- Consult with expert witnesses; and
- Analyze existing evidence.
Negotiation
We will use the results of our investigation to leverage an at-fault party and/or their insurance company into giving you a fair settlement offer. However, we will never allow you to accept a lowball offer. If we are not satisfied with the offers you receive we will gladly take your case to court.
Litigation
Attorney Vikas Bajaj is prepared to take your case to court. We know how to connect with a jury and present your case persuasively.
What Should I Do After a Del Mar Accident?
Here are a few steps you should follow if you are involved in a Del Mar accident. Following these steps will make sure that you are safe and that you will have the ability to file a successful personal injury claim in the future.
See a Doctor
Your health and safety should be your first priority after a Del Mar accident. It is important to see a doctor immediately after an accident for two reasons. First, a doctor can make sure that you have not suffered any internal injuries that could be problematic or dangerous in the future. Second, the medical evaluation will help to link your injuries to your accident. Your attorney can use this evaluation to support a claim for damages.
Call the Police
A police report and/or accident report will essentially serve as a snapshot of your accident. This will help to document information and details that are likely to be lost or forgotten over time. While the police report itself cannot be used as evidence in a trial, the information it contains can be invaluable to your attorney.
Don’t Negotiate With Insurance Companies
You will likely be approached by insurance companies who are eager to settle after an accident. It is important to understand that these companies are not on your side and do not have your best interest at heart. They will do anything to take advantage of this stressful situation and get you to agree to a lowball offer. We can help you avoid lowball offers and pursue a fair recovery.
Contact the Injury Trial Lawyers
Insurance companies are represented by skilled attorneys, whose sole focus will be limiting the amount(s) they pay out to accident victims like you. You will increase your chances of getting the money you need and deserve when you hire an attorney to represent you. Contact our Del Mar personal injury attorney today to find out more about how we can help you with your personal injury claim.
Experienced Del Mar Personal Injury Accident Attorney
Have you been injured in a Del Mar accident? If so, you may be entitled to recover monetary compensation from the person responsible for your accident. Contact Injury Trial Lawyers today to learn more.
We will negotiate with at-fault parties and insurance companies and fight for the money you need without stepping foot inside of a courtroom. If we are not satisfied that you have been given a reasonable offer we will not hesitate to take your fight to court. Vikas Bajaj is prepared to take your case to trial. We can help you pursue the money you need. Call us today for more information.
Del Mar personal injury FAQ
Who investigates car accidents in Del Mar?
Collisions on city streets in Del Mar are generally handled by the San Diego County Sheriff’s Department, which provides law enforcement for the city. Crashes on freeways, such as I-5, are generally investigated by the California Highway Patrol (Cal. Veh. Code § 2400(d)). Ask the responding officer how to get a copy of the report.
Where would a personal injury lawsuit from Del Mar be filed?
In San Diego Superior Court. Under the court’s zip code list and local rules, civil cases arising in Del Mar are generally filed in the Central Division at the Hall of Justice, 330 W. Broadway, San Diego. The proper venue can also depend on where the defendant lives or does business.
What if a City of Del Mar sidewalk, street, or vehicle caused my injury?
A written claim generally must be presented to the City of Del Mar within six months of the injury (Cal. Gov. Code § 911.2) before a lawsuit can be filed. Missing this deadline can bar the claim.
Can I still recover if I was partly at fault?
Often, yes. California follows pure comparative fault, so any recovery is reduced by your percentage of fault but is not automatically barred.