Need Help With a California Personal Injury Claim?
One of Our San Luis Obispo Personal Injury Lawyers Can Get Your Claim Started
California personal injury laws provide legal recourse for accident injury victims who sustain bodily harm due to the negligent or intentional acts of others. This means that if someone else causes an accident that results in injury to you or the wrongful death of a loved one, then you can file an injury claim or lawsuit to recover compensation. Damages from a personal injury claim may include your medical expenses, lost wages, pain and suffering, and more. However, the law limits the amount of time you have to file a claim or lawsuit. When your claim involves a public entity, then you may have even less time than usual. Although you may be focused on recovery, you should still consult a personal injury attorney as soon as possible to preserve your ability to hold the responsible party accountable for your losses.
A San Luis Obispo personal injury lawyer from James McKiernan Lawyers can help you file a legal claim after an accident. We are proud to serve residents of the Central Coast of California. We have represented over 2,000 injury claims, recovering financial compensation that injury victims need and deserve after an accident. Through our work, we have recovered millions on behalf of injured Californians. We will continue to fight through strong, effective negotiations and aggressive litigation when necessary to obtain positive results for our clients.
What Are the Requirements for a California Personal Injury Claim?
California’s negligence laws establish that everyone owes a duty of care to others. Persons, corporations or a combination of parties are “negligent” when they breach their duty of care. Although you may be able to file a claim for injuries caused by intentional acts, intent is not required to establish negligence. Additionally, the extent of the duty owed depends on the facts and circumstances.
Therefore, to file a personal injury claim in the state of California, you must prove that someone else owed you a duty of care and that the action (or inaction) of that person resulted in your injury did not meet the level of care that a reasonable person would use under similar circumstances. Furthermore, you must also be able to prove that your injuries resulted in damages. A San Luis Obispo personal injury lawyer from our firm can help you establish all of these elements in your legal claim.
Our firm has experience with a wide range of personal injury cases, including claims involving:
- Neck injuries
- Back injuries
- Uninsured/Underinsured motorist cases
- Product defects
- Construction accidents
- Serious injuries
- Dog bites
- Wrongful death cases
- Slip and fall accidents
- Head injuries
- Brain injuries
- Burn injuries
What Damages Can I Claim in a California Personal Injury Lawsuit?
If you sustain injuries due to the negligence or wrongful misconduct of another, then you may be entitled to compensation for the damages caused. Recoverable damages can include:
- Medical costs. This may include your present medical expenses as well as any future medical costs which you can reasonably calculate.
- Lost wages. You can usually claim compensation for time missed from work due to your injuries. This includes future lost wages if your injuries are disabling, preventing you from working the same job or working at all.
- Pain and suffering. This may include emotional distress and/or mental anguish caused by the incident.
- Punitive damages. These damages are meant to punish the defendant for unacceptable conduct and to serve as an example regarding what kind of behavior is simply not tolerated. If the conduct of the defendant was more than just negligent and was especially reckless, outrageous or malicious, then the court may award you punitive damages.
However, you cannot automatically recover damages in a personal injury claim or lawsuit; you must file an insurance claim or lawsuit to prove your right to compensation. It is often necessary to seek the assistance of an attorney to file a personal injury lawsuit to force the defendant’s insurance company to offer a fair settlement. If you cannot reach a reasonable settlement, then it may be necessary to litigate. Being able to prove your case requires a thorough knowledge of the law and skill in preparing and presenting a persuasive case in court.
Injured in an Accident? Call a San Luis Obispo Personal Injury Lawyer
A personal injury can turn your life upside-down. When this happens, do not let the stress and worry about paying your medical bills and supporting your family while you are out of work overwhelm you. Instead, focus on getting better and taking care of your personal needs; let us shoulder the burden of making sure you get the compensation you need and deserve. Our skill as personal injury attorneys comes in part from years of experience handling all types of legal claims. We have achieved successful results, including million-dollar settlements and verdicts, across a wide range of injury-related matters.
Contact James McKiernan Lawyers for a free consultation with a capable and experienced San Luis Obispo injury attorney. There is no fee unless and until we recover for you.