Accidents happen. Victims involved in an accident in Solana Beach are encouraged to pursue legal actions against the party at-fault for any injuries or damages.
It is important to seek out assistance from an experienced Solana Beach personal injury attorney. At West Coast Trial Lawyers, our legal team is available 24/7. We have won over 5,000 personal injury cases and recovered more than $1 billion in settlements for our clients. With the amount of success we continue to achieve, we are confident that we will deliver a good outcome to your case.
To get legal insight on your personal injury case and learn how to acquire maximum compensation to cover your losses, contact our office today by calling (858) 283-5917 or by filling out our contact form to schedule a free consultation.
If you have sustained injuries in an accident that took place in Solana Beach, you may wonder whether these injuries are considered severe enough to pursue legal actions against the party at-fault.
Your personal injury attorney will assess how your life was impacted after the injury to determine the amount of compensation you deserve to be granted. With that being said, we have provided a list of common injuries that have occurred in accidents that have taken place on Solana Beach roads.
If you have sustained an injury that is not listed above, you may still have the legal right to pursue a personal injury claim against the party at-fault for your losses. To get an idea of what your legal options may be, reach out to our expert Solana Beach personal injury attorneys for legal assistance.
Victims who are involved in an accident can be overwhelmed with many thoughts and emotions. It is understandable for a person to react in such a way as they are undergoing a traumatic, life-threatening experience. Although it is easier said than done, we encourage victims to try and gather important information and evidence from the scene of the accident. By doing so, it will help better your chances of obtaining a fair settlement offer that will cover for any damages you may face after the accident.
Below, we have created a list of steps we believe would benefit you with your personal injury claim.
If your injuries or damages were caused by unlawful acts committed by another party, you may have the legal right to pursue a claim against them. You will be expected to gather convincing evidence to prove that the other party had breached their duty of care, which ultimately resulted in your injuries.
You will also need an experienced personal injury attorney by your side. Not only will your attorney assist you in constructing a strong, convincing claim, but they will also negotiate with insurance companies to ensure you are given a good settlement offer.
When pursuing a personal injury claim, you will be required to show proof of the other party’s negligence playing a major role in the cause of your injuries. You will need to include the three elements of negligence. This includes the following:
You may also mention what types of economic and non-economic damages you went through after the accident. This will help determine what appropriate amount of compensation should be awarded to you.
The burden of proof is on you and your attorney. You will need to prove that the allegations against the defendant are true. In order to fulfill this obligation, you must gather information from all parties involved in the accident. This includes drivers and witnesses. Your attorney will assess every documentation you provide them with to determine how they will handle your case.
By having your attorney conduct an in-depth legal analysis of your accident, it will help them uncover what party should be held accountable for your injuries.
Solana Beach personal injury lawsuits must be filed before California’s statute of limitations on personal injury cases, which is two years starting from the initial date of the accident. Even though two years seems like a lengthy amount of time to start the process of filing a personal injury claim, we encourage victims to file as soon as they can. Holding off on your claim until the very last minute could leave you with little to no time to establish a strong case.
If you exceed the two-year statute of limitations, you will no longer be given the legal right to pursue a claim against the party at-fault for damages. Even if you made an attempt at filing your claim after the deadline, the defense would simply file a motion to have your case dismissed. The judge will have no choice but to dismiss your case with prejudice.
However, there are a few exceptions that will allow the plaintiff to be granted an extension of filing a personal injury claim. This includes the following:
The “discovery rule” may also affect the statute of limitations. Basically, the statute of limitations will begin on the initiate date of when the injury was discovered or should have been discovered.
If you were injured as a result of someone else’s negligence, you may be entitled to compensation for your losses. Damages are a type of monetary award that is determined by a court of law to help compensate an aggrieved individual for any losses or injuries sustained as a result of someone’s negligence.
Economic damages are intended to compensate a plaintiff for losses that a dollar amount can readily be attached to. Economic damages are calculated by determining the amount of out-of-pocket losses an aggrieved individual has or will expect to incur as a result of their injuries, such as medical bills, lost wages, and loss of earning capacity.
Non-economic damages are essentially intended to cover losses that are thought of as subjective and will not necessarily cover out-of-pocket losses. Non-economic damages may include:
Punitive damages are intended as punishment and are only awarded when a defendant’s behavior is especially harmful. It is relatively rare and only incorporated in 5 percent of all verdicts. Punitive damages are awarded at the Solana Beach civil court’s discretion and will vary depending on the specific circumstances of a case.
There usually is no real cap on compensatory damages after a personal injury claim. The courts will grant any amount they believe would make sense. However, medical malpractice may be the only exception. For this type of situation, the limit for non-economic losses is $250,000.
Our Solana Beach personal injury attorneys at West Coast Trial Lawyers are available 24/7 to help you with your personal injury case. With our track record of winning more than 5,000 personal injury cases and recovering more than $1 billion in settlements for our clients, we are confident that we will get you the compensation you deserve for your losses.
We do not charge any fees until your case has been settled. Contact us by calling (858) 283-5917 or by filling out our quick contact form to schedule a free, no-obligation consultation with our knowledgeable, caring, and compassionate legal team.