Have you recently been injured in an accident in Escondido, CA? If so, you may be able to recover much-needed compensation by filing a personal injury claim for damages. Our experienced Escondido personal injury attorney can help to ensure that your claim is successful and that you are properly compensated by the negligent party. Contact Injury Trial Lawyers, APC today to learn more about filing a personal injury claim for damages.
Injury Trial Lawyers, APC formed in 2004 when it became clear that accident victims in the greater San Diego area needed access to better legal advocates. We understand the consequences of an accident and aggressively fight to recover the money our clients truly need after they suffer debilitating injuries. As award-winning attorneys, we have been able to help thousands of clients recover millions in damages from negligent parties. We are confident that we can help to maximize the compensation you are awarded in your personal injury claim, as well. Contact our San Diego office today to set up a free consultation. We will review your case, explain your rights, and answer the questions you have.
Why Should I File a Personal Injury Claim?
With more than 35 years of combined legal experience, our award-winning trial attorneys know the devastating consequences an accident can have. Not only will you be forced to recover from potentially life-threatening injuries, but you may also face difficulties in caring for your family or getting to work. We can help you recover the money that you need after your accident in order to get better. The damages you recover in a lawsuit can help to pay for:
- Hospitalization
- Surgery
- Medication
- Rehabilitation
- Property damage
- Lost wages
- Reduced earning capacity, and more.
Reducing the financial burdens of an accident can be a tremendous help in getting you back up on your feet. Contact our Escondido Personal Injury Attorney today to find out how we can help you recover these (and other) damages.
What Will My Escondido Personal Injury Attorney Do?
Filing a personal injury claim for damages can be a time-consuming and complex process. As experienced personal injury lawyers, we have the experience, education, and skills necessary to successfully navigate this process and get you the money you need. When you hire us to handle your Escondido personal injury claim we will immediately begin to work on your case. Here is a brief overview of the process you can expect when you work with Injury Trial Lawyers.
Consultation
Your case will begin with a consultation with our Escondido Personal Injury Attorney. During this meeting, we will listen to your side of the story and begin to develop a legal strategy for your case. We will ask you several detailed questions, and encourage you to be as detailed and forthcoming as possible. No detail is too small in a personal injury case. In fact, some small details can make or break your case. It is important to let us determine if the information is important and relevant to your case.
Investigation
An investigation into your accident will help us to uncover facts, information, and evidence relevant to your case. This investigation may include:
- Reviewing police reports, photographs, and medical reports;
- Consulting with expert witnesses;
- Submitting evidence for professional forensic analysis; and
- Finding and interviewing witnesses.
The results of this investigation will serve as a foundation for your personal injury claim. We will develop persuasive legal arguments based on this information and use it to leverage the negligent parties into fairly compensating you for your injuries.
Negotiation and Litigation
95 percent of personal injury cases are settled in pre-trial negotiations. Most insurance companies who handle claims in Escondido know that our attorneys are fierce competitors in the courtroom. As a result, they are generally eager to settle before a case has the opportunity to proceed to court. We will not, however, let you accept an unfair settlement offer. We know that we will have the advantage in court and will not hesitate to reject lowball offers. As award-winning trial attorneys, we understand how to connect with a jury by making passionate and logical arguments. We are confident that we will get you a fair settlement in negotiations or at trial.
Determining Liability For a Personal Injury Accident
So you want to file a personal injury lawsuit, but you’re not sure who is responsible for your accident. Your attorney will be able to review your case and determine which party (or parties) can be held financially liable for the injuries you have suffered. In California, most personal injury lawsuits are based on negligence.
Negligence
Negligence occurs when a person has a responsibility to act in a certain way but fails to do so. For example, as a driver on the road, you have a duty to follow the posted traffic laws and operate the car in a way that does not put others at risk of harm. When you break the law by speeding or become distracted by your phone you breach this duty of care. When this negligence causes an accident, you can be held financially responsible for any resulting injuries.
Comparative Fault
You can even recover compensation if you are partly responsible for causing an accident. Under the theory of comparative fault, your ability to recover damages is reduced by the degree of your fault. This means that if you are determined to be 30% responsible for an accident you will only be able to recover 70% of your total damages.
Steps to Take After Your Escondido Personal Injury Accident
You can increase the chances of maximizing the compensation you receive by taking the following steps after an accident in Escondido.
See a Doctor
You should see a doctor as soon as possible after an accident, even if you do not think that your injuries are significant. Your visit will have two primary benefits. First, this will help to make sure that you have not suffered any internal injuries that could be dangerous if left untreated. Second, the record of your visit will help to establish that your injuries are a result of your accident. Your attorney will use this medical evaluation to help support your claim for damages.
Get an Accident Report
Call the police and request that an officer is dispatched to complete an accident report. This report will help to document details of your accident that may be lost or forgotten over time. Weather, traffic, and road conditions can all contribute to an accident. Police reports will document these details, ensuring that your attorney will be able to fully understand the circumstances around your Escondido accident.
Be Careful Who You Speak With
Shortly after the accident, you can expect to be approached by insurance company representatives. These companies are not on your side and are only interested in minimizing the damages that you are awarded. Insurance companies will try to manipulate a stressful situation and trick you into saying something that could hurt your chances of getting a fair settlement. Do not speak with an insurance company until you have consulted with a lawyer.
Call a Lawyer
You can take away any advantage an insurance company has by hiring an Escondido Personal Injury Attorney to handle your personal injury claim. Your attorney will understand how these insurance companies operate and will make sure that you receive the full amount of compensation that you deserve. Call Injury Trial Lawyers, APC today to find out more.
Types of Personal Injury Accident Claims
If your injury is the result of another person’s negligence you can file a personal injury claim to recover damages. The Injury Trial Lawyers team has successfully litigated thousands of complex legal cases, including personal injury cases resulting from:
- Bicycle accidents
- Brain injuries
- Car accidents
- Dog bites
- Elder abuse
- Motorcycle accidents
- Construction accidents
- Pedestrian accidents
- Premises liability
- Wrongful death
- Toxic exposure, and more.
When Should I File a Personal Injury Claim?
A clock will begin to run the moment your injury-causing accident occurs. This clock, which is known as the statute of limitations, will generally run for two years. You are required to file a personal injury claim for damages within this timeframe. Once the statute of limitations expires you will probably be prevented from recovering compensation for your injuries. There are very limited exceptions to this rule. The statute of limitations for filing a personal injury claim in Escondido may be extended if:
- There is a reasonable delay in the discovery of your accident-related injury;
- You are under the age of 18 at the time of your accident; or
- The defendant in your case is unavailable because they are in jail or out of the state.
If you believe that the government is responsible for your injuries you will have even less time to file a claim. In order to recover damages from a negligent government entity, you must file an administrative claim with the government within six months of your accident. The government must approve or deny this claim within 45 days. If your claim is denied you will have six months to file a civil personal injury claim for damages.
Contact the Escondido Personal Injury Attorney Today
Have you been injured in an accident in Escondido? Are you struggling with costly medical bills and are unsure where you are going to get the money to pay for them? Contact the Injury Trial Lawyers to learn about how you can recover compensation by filing a personal injury claim for damages. We have more than 35 years of combined legal experience and understand the stress you are facing after your accident. We offer our legal services on a contingency fee basis, which means that we do not get paid until we recover compensation on your behalf. This allows you to focus on your recovery while we handle your complex personal injury case. Remember, you have a limited amount of time to act after your accident, so do not hesitate to call us today. We will review your case, determine potential liability, and answer any questions you have.