In a city like Visalia, serious accidents can occur in busy commercial areas, residential neighborhoods, and along popularly traveled roadways. Whether you were injured in a car accident on Highway 198 or Highway 99 or in a slip and fall at a shopping center along Mooney Boulevard, the physical, emotional, and financial consequences that arise in the aftermath of the situation can be stressful, especially when insurance companies are trying to minimize your claim.
At West Coast Trial Lawyers, our Visalia personal injury attorneys are determined to help accident victims pursue compensation for their damages while protecting their legal rights throughout each stage of the claims process. We understand the challenges that often accompany a personal injury claim, and we are here to support you by providing personalized legal representation, and drawing on our extensive experience handling personal injury-related matters.
To book a FREE consultation, you can reach out to us today by calling (559) 702-8956 or completing our quick online contact form.
Why Hire a Visalia Personal Injury Lawyer?
To many people’s surprise, the insurance companies who are handling any accident claim are not on your side, because in the event of an accident, an insurance company may begin investigating an accident and start collecting information in an attempt to devalue your claim or minimize your injury. Insurance companies want to minimize the payout they have to issue to the injured party and in doing so, they implement subtle tactics to collect what they need.
However, by hiring a personal injury lawyer, you have someone who is not only responsible for protecting the legal side of your recovery, but they are actively fighting to ensure all injuries are accounted for and you get everything you need to make a full recovery. While it is not mandatory to hire an attorney, having one by your side can make a significant difference in what you recover.
Why Choose West Coast Trial Lawyers for Your Visalia Personal Injury Claim?
Choosing the right legal representation after a serious accident can heavily affect the outcome of your case. At West Coast Trial Lawyers, our Visalia personal injury lawyers know the physical pain, emotional distress, and financial burdens involved in personal injury cases and will handle every aspect of your insurance claim, allowing you to focus on your recovery.
Due to our firm’s dedication to helping people, we have recovered over $2 billion in settlements and verdicts for injured clients and have successfully represented thousands of accidents throughout California, including Visalia.
What You Get When You Hire West Coast Trial Lawyers
Whether you were injured in a car accident, truck collision, slip and fall, or another incident triggered by someone else’s negligence, our Visalia team is ready to fight for the justice and compensation you deserve. When you hire our team, you can expect.
- An Experienced In-House Trial Team– With more than 25 years of experience, our attorneys develop cases with litigation in mind and are prepared to take claims further.
- Direct Access to Your Legal Team– From the moment you sign on, you receive direct access to the attorneys and legal professionals responsible for your case.
- Available 24/7- No matter what time it is, day or night, our team will answer your questions and provide legal guidance.
- A Visalia Office– Our office at 525 W Main Street gives injured residents access to West Coast Trial Lawyers in Visalia.
What Types of Personal Injury Cases Do Our Visalia Lawyers Handle?
At West Coast Trial Lawyers, we understand what challenges can be presented in a personal injury lawsuit. Our dedicated team is here to provide quality services across a wide range of practice areas. Whether you are seeking compensation for injuries or have questions pertaining to your legal concerns, we are readily available to help you. Here’s a look at the types of cases we specialize in:
- Visalia Brain Injury Attorney
- Visalia Burn Injury Attorney
- Visalia Food Delivery Accident Attorney
- Visalia Spinal Cord Injury Attorney
- Visalia Bicycle Accident Attorney
- Visalia Bus Accident Attorney
- Visalia Car Accident Attorney
- Visalia Dog Bite Attorney
- Visalia Pedestrian Accident Attorney
- Visalia Premises Liability Attorney
- Visalia Scooter Accident Attorney
- Visalia Truck Accident Attorney
- Visalia Uber and Lyft Accident Attorney
- Visalia Wrongful Death Attorney
What Should I Do Immediately After an Accident in Visalia?
Although it can be difficult to maintain your composure after an accident, it is encouraged to do the steps listed below to ensure you protect your health and legal rights.
- Contact local authorities: Responding officers will arrive shortly after the phone call to assess the situation and paramedics will also show up to provide medical care to injured parties. Depending on where the incident took place, the scene may be handled by the Visalia Police Department (VPD) or the Tulare County Sheriff’s Office.
- Exchange information: Be sure to share contact, insurance, and vehicle information with everyone involved in the accident.
- Seek medical attention: Even if you believe that you sustained minor bodily harm, you should still seek medical care at local facilities, such as Kaweah Health Medical Center or Adventist Health Tulare.
- Gather evidence: Try to gather as much evidence as you can, because it can really help your claim. This includes photos of your injury, damages, and the accident scene, CCTV footage, witness statements, a copy of the police report and your medical records.
- Consult with a Visalia personal injury lawyer: Our Visalia personal injury lawyers have extensive knowledge and expertise with state laws, and can help you understand what legal options you have available after evaluating your case.
How Common Are Serious Accidents in Visalia?
According to a 2023 report from the California Office of Traffic Safety, 495 people were killed or injured in Visalia traffic collisions and there were about 300 DUI arrests throughout the city. Furthermore there were 31 hit-and-run crashes, 12 pedestrian victims under the age of 15, placing Visalia first among the 62 similarly populated California cities in that category for 2023. While these rankings do not determine whether someone has a valid personal injury claim, it highlights how often and sudden an accident can happen, no matter how safe you believe it is.
What Are the Most Common Causes of Personal Injury Accidents in Visalia?
Based on the local circumstances and statistics, several types of negligence can result in a claim and the following are widely considered to be the common types of accidents in Visalia:
- Motor vehicle accidents: Negligent driving, like speeding, distracted driving, or failing to yield, are common causes of truck, bus, and car accidents. Motorists are required to drive at a speed that is reasonable and prudent for present conditions (CVC § 22350).
- Slip and fall accidents: Slip and fall accidents usually happen due to wet floors, poor lighting, or other dangerous property conditions. Under CVC § 1714, property owners have a duty or exercise ordinary care to ensure their premises stay safe.
- Motorcycle accidents: Motorcycle crashes tend to happen when a driver fails to check blind spots, makes unsafe lane changes, or goes against a motorcyclist’s right-of-way. CVC § 22107 requires drivers to ensure a lane change or turn can be made safely before proceeding.
- Bicycle accidents: Cyclists are vulnerable to negligent drivers. Under CVC § 21760, motorists must provide at least three feet clearance when passing a cyclist whenever possible.
- Pedestrian accidents: People who travel on foot are often injured when drivers fail to yield at crosswalks or ignore traffic signs or signals. CVC § 21950 requires motorists to yield the right of way to pedestrians who are crossing within marked or unmarked crosswalks.
How Do You Prove a Personal Injury Claim in Visalia?
To establish negligence in a Visalia personal injury case, you must demonstrate that the defendant failed to exercise the level of care that a reasonably prudent person would have under similar circumstances. This generally requires proving the following elements:
- The defendant owed you a duty of care
- The defendant breached that duty of care
- The defendant’s breach was a substantial factor in causing your injuries
- You suffered damages as a direct result of the defendant’s negligence
Under California’s pure comparative negligence rule (California Civil Code § 1714 and the California Supreme Court’s decision in Li v. Yellow Cab Co.), each party’s percentage of fault is evaluated when determining liability.
Even if you are partially responsible for the accident, you may still recover compensation, although your award will be reduced by your percentage of fault. For example, if you are found 30% at fault and the defendant is 70% at fault, you may still recover damages, but your compensation will be reduced by 30%.
What if Agricultural Debris or an Unsecured Load Causes a Crash Near Visalia?
While agriculture remains Tulare County’s largest industry, every business within that sector has a legal responsibility to ensure they are following every safety procedure to prevent any accidents from occurring. If agricultural debris causes a crash in Visalia, the truck driver and the trucking company can be held liable for the accident, because California Vehicle Code § 23114 prohibits any operation of a vehicle where the chances of its loaded contents or load will leak or spill from the vehicle.
What if a Pothole or Dangerous Road Condition in Visalia Contributed to Your Accident?
A pothole, damaged roadway, missing traffic control, dangerous public property condition, obstructed visibility, or another roadway problem could potentially contribute to a crash or injury and when public property is involved, a public entity may be held responsible as per California Government Code § 835.
Before pursuing a roadway claim, it is important to determine which government entity controlled or maintained the property, because a local street may involve the City of Visalia, while another roadway could involve Tulare County or Caltrans. That distinction affects where a government claim must be presented and which entity should be investigated.
Where Are Visalia Personal Injury Lawsuits Filed?
When Tulare County is the appropriate venue, a personal injury lawsuit may proceed through the Superior Court of California, County of Tulare. The court currently identifies the Visalia Civil Division at Tulare County Superior Court at 221 S. Mooney Boulevard, Room 201 Visalia, CA 93291.
However, it is important to note that hiring a lawyer does not mean your case will automatically go to trial, because many personal injury claims tend to be resolved through insurance negotiations, settlement discussions, mediation, or litigation.
What Is the Statute of Limitations for Personal Injury Claims in Visalia?
Under California Code of Civil Procedure § 335.1, most personal injury claims must be filed within two years from the date the injury occurred. Gathering evidence and working with an experienced Visalia personal injury attorney as early as possible can improve your ability to build and deliver a strong claim.
However, failing to file your lawsuit within the applicable statute of limitations may jeopardize your right to seek compensation. If the filing deadline expires, the court will likely dismiss your case, preventing you from pursuing legal action against the at fault party.
What Are the Deadlines for Filing a Claim Against a Government Entity?
If your injury was caused by a government entity, such as the City of Visalia, Tulare County, or another public agency, different deadlines will be applicable. Under the California Government Claims Act (Government Code §§ 905, 910, 911.2, and 945.4), you must generally file an administrative claim within six months of the date of the injury before you can file a lawsuit.
Once the public entity reviews your claim, it may either approve, deny, or reject it by operation of law. Only after complying with the Government Claims Act’s procedural requirements, you may then proceed with filing a lawsuit if necessary.
What Compensation Can I Recover in a Visalia Personal Injury Claim?
Recoverable compensation in a personal injury claim will vary depending on the facts and circumstances of your case. Under California law, affected individuals may recover damages intended to compensate them for losses caused by another party’s negligence. The following factors may be considered when calculating a settlement:
- The extent of your injury
- Degree of fault
- Property damage
- Current and future medical bills
- Lost wages and earning capacity
- The overall affect on your daily life and quality of life
Typically, compensatory damages are awarded and are designed to reimburse you for any losses you suffered as a result of the defendant’s actions. It is divided into two categories: economic damages (hospital bills, lost income, and property damage) and non-economic damages (emotional distress, loss of enjoyment of life, and pain and suffering).
To get an estimate of what you could be entitled to, you can use our personal injury settlement calculator by inputting the expenses you suffered as a result of the accident.
Schedule Your Free Consultation With a Visalia Personal Injury Lawyer Today
If you were injured because of someone else’s negligence, you may have the right to pursue compensation through a claim. At West Coast Trial Lawyers, our Visalia personal injury lawyers are readily available to assess your case, explain your legal options, and guide you through the legal process. We will thoroughly look into the circumstances surrounding your accident and take the necessary steps to get you the compensation you are entitled to.
To set up a FREE case evaluation, you can get in touch with us by calling (559) 702-8956 or filling out our easy online contact form.
Past results do not guarantee a similar outcome.
Frequently Asked Questions About Visalia Personal Injury Claims
How Do I Know if I Have a Valid Personal Injury Case?
To know whether you have a valid personal injury case, the following factors will generally need to apply:
- You suffered injuries or other damages, such as physical injuries, psychological trauma, or financial losses
- Another party was negligent or engaged in wrongful conduct
- The other party’s negligence or wrongful conduct caused your injuries
- You have collected sufficient evidence to help establish their liability
- You can demonstrate the damages you incurred
If you are not sure whether you are entitled to seek compensation, consulting with one of our experienced personal injury attorneys can help you understand your legal rights and determine whether you have a valid claim.
Who Pays for Injuries Caused by Falling Merchandise in Visalia Retail Stores?
If you are injured by falling merchandise in a Visalia retail store, the owner of the facility, property owner, or another responsible party may be held liable if their negligence contributed to the incident. Falling merchandise incidents tend to happen due to improperly stacked products, unstable displays, or failure to thoroughly inspect and address hazardous conditions.
Under CVC § 1714, business owners have a duty to exercise ordinary care when maintaining a safe environment for consumers. If a retailer knew, or reasonably should have known, that merchandise was stored or displayed in a dangerous manner, but did not correct the situation or warn others about it, they may be met with legal repercussions for resulting injuries.
How Much Does it Cost to Hire a Visalia Personal Injury Lawyer?
The cost to hire a Visalia personal injury lawyer will vary depending on the law firm you choose to represent you. While some attorneys charge hourly rates or upfront fees, others work on a contingency-fee basis.
This means you pay no upfront attorney fees and you owe nothing unless compensation is successfully recovered on your behalf through a settlement or court verdict. This type of arrangement allows personal injury victims to pursue legal representation without the financial burden of paying out of pocket while their case is pending.
How Do Pre-Existing Conditions Affect My Case?
If you had a pre-existing condition before the accident and it worsened as a result of the incident, you could still have a valid personal injury claim. California law acknowledges the “eggshell plaintiff” doctrine, meaning that a defendant may be held liable for the injuries they caused, even if the plaintiff was more susceptible to harm because of an existing medical condition.
To seek compensation, you will need to prove that the accident aggravated your pre-existing condition. Evidence may include medical records, diagnostic imaging, and documentation comparing your condition before and after the incident.
Can I Still File if the At Fault Party Does Not Have Insurance?
You will still be entitled to file a personal injury claim against the at fault party even if they do not have auto insurance. If you have uninsured motorist coverage, you can receive compensation for the losses you incurred, like medical expenses and lost wages, up to your policy limits.
If the at fault party has insurance but their policy limits are insufficient to fully compensate you for your losses, your underinsured motorist (UIM) coverage may help cover the remaining damages (subject to the terms and limits of your policy).
What if I Was Hurt While Working but Someone Outside My Employer Caused the Accident?
You may potentially have both a workers’ compensation claim and a separate third-party personal injury claim. For example, an employee driving for work who is struck by a negligent motorist may have workers’ compensation rights through the employer while also pursuing the outside driver. The two claims can affect one another, particularly when workers’ compensation benefits have already paid medical or wage-loss benefits.
What if My Medical Bills Are Higher Than the At-Fault Driver’s Insurance Limits?
An attorney may investigate whether additional sources of compensation exist. Depending on the circumstances, that could include underinsured motorist coverage, another insurance policy, a vehicle owner, an employer, a business, a trucking company, or another responsible party.
Can Surviving Family Members Sue for Wrongful Death?
Under California Code of Civil Procedure § 377.60, certain surviving family members may be eligible to file a wrongful death claim, including a spouse or registered domestic partner, biological, adopted, or stepchildren, parents when permitted under California law, and others who were financially dependent on the deceased.
Recoverable damages in a wrongful death settlement include the following:
- Funeral and burial costs
- Hospital visits
- Loss of consortium
- Loss of financial support
What Happens if My Injuries Get Worse After I Accept a Settlement?
A final personal injury settlement commonly requires the injured person to sign a release resolving claims arising from the accident. Once a claim has been fully settled and an enforceable release has been signed, discovering that the injury is more serious than expected generally does not mean additional compensation can simply be requested.