If you or someone you know has been injured in an accident, call the La Jolla personal injury attorney at Injury Trial Lawyers today. The consultation is free.
Personal injury claims can be complicated. A legal professional can help you pursue a fair recovery when handling your claim. Attorney Vikas Bajaj of Injury Trial Lawyers is a passionate personal injury lawyer. The sooner you call us to schedule your free consultation, the sooner we can begin to fight to recover compensation on your behalf.
Why File a Personal Injury Claim After an Accident?
Accidents happen. Maybe you were exploring La Jolla Village and were shocked by an errant electrical wire. Perhaps you were dining at one of La Jolla’s finest restaurants and slipped on a puddle the wait staff had neglected to clean up. Or, maybe you were driving along the coast and were involved in an auto accident. Regardless of the cause of your accident, you may suffer injuries that result in significant and expensive bills.
In 2013, the average bodily injury claim following a car accident was approximately $15,000. Most of us do not have enough savings to cover an emergency of this size. A personal injury claim for damages can be an effective way to recover the compensation you need to:
- Pay off costly medical bills,
- Cover lost earnings, and
- Get back to your normal day-to-day activities.
Practice Areas
Have you been injured in a La Jolla, CA accident? Our law firm can help you seek fair compensation. We help injured clients pursue compensation.
Contact our office today to schedule your free initial consultation. Our personal injury lawyer will:
- Review your case,
- Determine potentially liable parties, and
- Offer advice about what we believe is an appropriate course of action.
The sooner you contact our office, the sooner we can begin to work on getting you the money you need to recover from your accident. Contact us now to schedule your free consultation.
What Compensation Can I Expect to Recover in a Personal Injury Claim?
When we meet with clients during our free consultation, one of the most commonly asked questions is “How much can I get if I file a claim?” The answer depends on the facts and circumstances of each client’s specific case. The severity of your injuries and whether you were partly to blame for the accident will affect the bottom line.
Compensation Available After An Accident
Generally, damages in California personal injury cases are broken down into two categories: economic and non-economic.
Economic damages are awarded to compensate accident victims for their economic losses. These include:
- Injury-related medical expenses,
- Lost earnings due to missing time at work to recover, and
- The cost to repair damaged property.
Economic damages can be thought of as a form of reimbursement, intended to compensate them for out-of-pocket costs and losses.
Non-economic damages are awarded to compensate accident victims for losses that are harder to value. These may include:
- Pain and suffering,
- Embarrassment, and
- loss of companionship.
Since non-economic damages are difficult to value (i.e., the cost of the mental anguish or embarrassment you suffer because of an accident-related injury) they can vary significantly from case to case. The more severe your injury, the greater the likelihood of securing substantial non-economic damages.
Comparative Negligence
Did you know that you can file a personal injury claim for damages even if you were partly responsible for the accident that caused your injuries?
California law embraces the theory of comparative negligence, which allows accident victims to file claims even if they were partly to blame for an accident. The idea is that each person involved in an accident should only be held responsible for the percentage of the accident that was their fault.
So, let’s say that you are injured in a car accident and it is determined that you were 20% at fault for the crash. Under the theory of comparative negligence, you could file a claim for damages against the other driver. But the court would reduce your award by 20%.
You would be able to hold the other driver responsible for 80% of the crash that was determined to be their fault. So, if you suffered $100,000 in damages, you could only seek $80,000 from the other driver.
Our Process for Documenting Damages
There are a lot of pointed fingers following an accident. Enlisting the assistance of an experienced La Jolla personal injury attorney can help to ensure that you are not held responsible for a percentage of the accident that is not your fault. The actions you choose to take after your accident will shape your ability to recover compensation. We suggest speaking with an attorney as soon as possible so that no time is wasted in preparing your case.
At Injury Trial Lawyers we have established a tried-and-true process for pursuing damages on behalf of our injured clients.
This process allows us to gather information, formulate a plan, and leverage at-fault parties into offering meaningful and helpful settlements. Here is a brief overview of what you can expect when you hire Injury Trial Lawyers.
- Getting To Know You and Your Case. The initial consultation is a great way for us to learn about your case while you learn about us. The more comfortable you are with the attorney you choose, the greater your chances of a meaningful and successful recovery. During the initial consultation, we will review your case, ask questions, and assess the potential for a successful claim. We encourage you to ask questions so that you can get all of the information you need to make an informed decision about what to do next.
- Analyzing Your Accident. When you hire us we will use the information gathered in the initial consult as a basis for an independent investigation into your accident. An investigation can help to clarify questions we may have and uncover information that can be incredibly helpful when creating a legal strategy. Our investigation may include reviewing photographs of the scene, speaking with medical professionals, consulting with experts, interviewing witnesses, conducting legal research, and evaluating evidence.
- Negotiating A Settlement. More than 95% of personal injury claims are settled outside of court. We will meet with the at-fault parties and/or insurance companies to present our argument for why you must be compensated for your injuries. We will share settlement offers with you, explain the terms, and offer advice about accepting or rejecting the offer.
- Taking Your Case to Court. We will not entertain low-ball settlement offers. If insurance companies are unwilling to negotiate a fair and reasonable settlement we are not afraid to take your case to court. Vikas Bajaj welcomes the opportunity to present your case to a judge or jury when that is what it takes.
Experienced La Jolla Personal Injury Attorney
The steps you take following an accident will shape your future. If you are injured in an accident the amount of time you have to file a claim for damages is limited. Contact an experienced La Jolla personal injury attorney now to protect your right to recovery. We are ready to help you begin your fight today. We pride ourselves on giving each case the personal attention it deserves. Speak to a member of our personal injury law firm today.
We are ready to help you begin your fight today. We pride ourselves on giving each case the personal attention it deserves. Speak to a member of our personal injury law firm today.
La Jolla personal injury FAQ
Who investigates car accidents in La Jolla?
Collisions on city streets in La Jolla are generally handled by the San Diego Police Department. 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 La Jolla be filed?
In San Diego Superior Court. Under the court’s zip code list and local rules, civil cases arising in La Jolla 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 San Diego sidewalk, street, or vehicle caused my injury?
A written claim generally must be presented to the City of San Diego within six months of the injury (Cal. Gov. Code § 911.2) before a lawsuit can be filed. Missing this deadline can bar the claim.
How long do I have to file a personal injury claim in California?
Generally two years from the date of injury (Cal. Code Civ. Proc. § 335.1). If a government agency may be responsible, a written claim usually must be filed within six months (Cal. Gov. Code § 911.2).