Visalia Personal Injury Lawyer

In Visalia, it is fairly common for innocent victims to get into accidents caused by other individuals or entities. Whether it is car crashes or slip and falls, those who suffered harm due to someone else’s negligence deserve compensation for the losses they incurred.

At West Coast Trial Lawyers, our Visalia personal injury attorneys have over 20 years of experience in the legal field, and a successful track record of delivering client satisfaction. As a result of our hard work, we have recovered over $1.7 billion in financial compensation for our clients and we will continue to do our duty to represent their best interests at heart. 

Our team understands that it can be challenging to undergo a personal injury lawsuit and are here to navigate you through it every step of the way. With our dedicated support and personalized attention, we will work tirelessly to secure the financial relief needed to help you move forward with a peace of mind. 

To get started on the legal process, you can reach out to us today to schedule a FREE consultation by calling (213) 927-3700 or completing our quick online contact form.

What Is a Personal Injury Claim?

A personal injury claim is a legal process where an individual sues for bodily harm caused by negligence or intentional acts made by another party. The primary goal is to recover damages, such as medical bills, lost wages, and other losses related to the injury. 

Practice Areas We Cover

At West Coast Trial Lawyers, we understand what complications may arise 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:

• Car Accidents
• Motorcycle Accidents
• Uber and Lyft Accidents
• Truck Accidents
• Wrongful Death
• Pedestrian Accidents
• Spinal Cord Injury
• Dog Bites
• Burn Injuries
• Brain Injuries
• Scooter Accidents
• Premises Liability
• Bus Accidents
• Bicycle Accidents
• Food Delivery Accidents

Examples of Personal Injury Cases

As accidents can lead to serious bodily harm and long-term consequences, some of the leading causes of personal injury cases often happen due to negligent and reckless actions. While every personal injury case is different, the parties who have caused the accident tend to leave personal injury victims with physical, emotional, and financial hardships.

Let’s take a look at some common cases in Visalia and how they unfold.

Motor Vehicle Accidents

Motor vehicle accidents happen when a driver fails to exercise reasonable care while on the road. Legal consequences may be presented, especially if the driver’s behavior contributes to accidents and injuries. To reduce the number of cases, some of the following traffic laws have been enforced:

• CVC 22350: Drivers must adjust their speed based on surrounding conditions, and cannot travel in such a way where it could endanger people or property regardless of whether they are within the posted limit.
• CVC 23152: Drivers cannot be under the influence of drugs or alcohol while behind the wheel. Penalties for DUI offenses will be administered to those who do not comply with this law. Punishments will vary depending on the severity of the incident.
• CVC 23123: Drivers cannot use a wireless telephone unless it is designed to allow hands-free listening and speaking.
• CVC 21801: Drivers who make a left turn or a U-turn at an intersection will need to yield the right-of-way to oncoming vehicles traveling from the opposite direction until it is safe to proceed.

Despite the enforcement of these comprehensive traffic laws, accidents still occur due to a driver’s negligence and out right recklessness. In the event of these accidents, those affected are recommended to consult with an experienced attorney to ensure that they get the compensation they need in order to cover the costs of the inflicted damages.

Product Liability

Product liability happens when a person gets injured due to a defective item, and accountability falls on certain parties, like manufacturers or distributors. Claims will be based on three types of product defects:

• Design defects: Flaws with the product’s design that make it inherently dangerous to use.
• Manufacturing defects: Issues that happen during the manufacturing process, making the product unsafe.
• Marketing defects: No adequate instructions or warnings are provided, increasing potential risks of injuries.

Slip and Fall Accidents

A slip and fall accident occurs when a person slips, trips, or falls due to hazardous conditions on a public or private location. If the property owner or manager fails to address the problem, they can be held liable for any losses incurred.

Dog Bites

Owners must train their dogs to behave well around others and failing to do so can influence them to develop bad habits that can put others at risk of injuries. Under California Civil Code Section 3342, an owner will be held liable for a dog bite that happens on public property or lawfully on private property.

Since the state follows strict liability, the owner will be responsible for damages even if they had no prior knowledge of the animal’s aggressive behavior or if it was the first time it had bitten someone. Exceptions that may exempt owners from facing legal consequences include the following:

• The dog was working with police or military forces or
• The dog was teased or provoked to attack

Construction Accidents

Construction sites are often filled with potential hazards that can put your safety at risk, especially if you are a pedestrian walking near the zone. Some common factors that are known to contribute to accidents and injuries in such a location include the following:

• Falling objects
• Inadequate signages
• Obstructed sidewalks

Liability for a construction accident will vary. But, typically, it will include either of the parties listed below:

• Site owner
• Contractors
• Property owners
• Negligent drivers or pedestrians

What to Do After an Accident

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

If any injuries or damages are present at the accident scene, you should contact local authorities. They will arrive shortly after the phone call to assess the situation and develop a police report. Paramedics will also show up to provide medical care to injured parties.

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 assistance from a medical professional. They will evaluate you to determine whether you have any hidden injuries that may need immediate care. Your doctor visits, along with medical prescriptions and surgical procedures, will be saved on file.

Gather Evidence

Try to gather as much evidence as you can. 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

Do Not Admit Fault

Avoid admitting fault after the accident. Even if you feel like you were partially responsible for it or are unsure of what actually happened, confessing can jeopardize your opportunity to recover fair compensation for the injuries and damages you incurred.

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 reviewing your case. From there, we will represent you through each stage of the legal process to ensure you do not accept any minimized payouts from insurance companies, and will negotiate on your behalf to get you the compensation you deserve for your losses.

How to Prove Negligence

To prove negligence in a personal injury case, you will need to show how the defendant did not act with the level of care that a reasonable individual would have in a similar scenario, and that it ultimately caused harm. This includes demonstrating the following:

• The defendant owed you a duty of care
• The defendant breached their duty of care
• The defendant’s behavior caused you to sustain injuries
• You suffered losses as a direct result of the defendant’s recklessness

Under California’s comparative negligence rule, all parties will be assessed to determine liability. Even if you are found partially at fault for the incident, you will still be entitled to compensation. For instance, if you are 30 percent accountable and the defendant is 70 percent accountable, your pay will be reduced accordingly.

Time Limit to File Personal Injury Claims

Personal injury claims will need to be filed within two years from the date of when the incident occurred. Having substantial evidence at hand and a legal representative on your side can raise your chances at developing and submitting a solid case.

But, if you fail to fulfill these legal duties in a timely manner, you will delay your opportunity to sue. And if you happen to exceed the time limit, you will no longer be entitled to take legal action against the responsible party to secure compensation.

Recovering Damages After an Accident

Recoverable damages in an accident will differ in each case. The following will be considered when calculating and distributing the settlement:

• The extent of your injury
• Degree of fault
• Current and future medical bills
• Lost wages and earning capacity

To get an estimate of what you could be entitled to, you can use our personal injury settlement calculator by inputting the expenses you endured due to the accident.

Typically, compensatory damages are awarded. The purpose of this is to reimburse you for any losses you suffered as a result of the defendant’s actions. It is divided into two categories: economic damages and non-economic damages.

Economic damages are financial costs that are easily measurable, like:

• Hospital bills
• Lost income
• Property damage

Non-economic damages are subjective, non-monetary losses that are difficult to calculate, such as:

• Emotional distress
• Loss of enjoyment of life
• Pain and suffering

Our Visalia Personal Injury Lawyers Are Here to Help

Accident victims are given the right to secure compensation by filing a personal injury lawsuit against the at fault party. At West Coast Trial Lawyers, our Visalia personal injury lawyers are available 24/7 to assist. We will take a look at the details provided to determine what necessary steps should be taken to ensure you are awarded full and fair compensation.

To schedule a FREE consultation, you can get in touch with us by calling (213) 927-3700 or filling out our easy online contact form.

Visalia Personal Injury Law FAQ

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 need to apply:

• You experienced some form of harm, like physical injuries, psychological trauma, or financial losses
• Another party was acting negligently moments before the impact
• You have collected significant evidence that proves their reckless behavior
• You can demonstrate the damages you sustained

If you are unsure of whether you are entitled to seek compensation, you can get in touch with one of our experienced personal injury attorneys for assistance.

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 what law firm you choose to represent you. Some may charge you by the hour and others, like West Coast Trial Lawyers, work under a contingency-fee basis, meaning that you will owe us nothing unless we settle your lawsuit.

What if I Had a Pre-Existing Condition Before the Accident?

If you had a pre-existing condition before the accident, you could still have a claim. The law recognizes the legal concept of the “eggshell plaintiff rule,” meaning that the defendant is liable for the injuries they caused, even if you were more vulnerable due to your existing health issue.

To secure compensation, you will need to prove how the crash worsened your condition. Evidence will include your medical records and imaging exams. Insurance companies could try to minimize or deny compensation by claiming the collision did not affect your condition. But, our Visalia personal injury lawyers will step in to aggressively defend your rights to ensure you are granted a reasonable settlement.

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 insurance. If you have uninsured motorist (UM) coverage, you can receive compensation for the losses you endured, like medical expenses and lost wages, up to your policy limits. If the at fault party has minimal insurance that is not enough to compensate for your total damages, you may use underinsured motorist (UIM) coverage to help with the gap.

To know how to handle such a case, you can get in touch with West Coast Trial Lawyers and schedule a free consultation with one of our top-rated Visalia personal injury lawyers. We will assess the information provided, determine how to move forward with the filing process, and work diligently to get you the best outcome possible.

Can Surviving Family Members Sue for Wrongful Death?

Surviving family members can file a wrongful death claim, including:

• Spouse
• Biological, adopted, or stepchildren
• Parents
• Others who are financially dependent on the deceased person
• The representative of the deceased’s estate if there are no eligible family members

You will be given two years from the date of the victim’s unexpected death to pursue legal action against the responsible party. But, if you learned about your loved one’s passing at a later date, the discovery rule may apply.

In this case, the statute of limitations to file a wrongful death claim will start once you know or reasonably should have known about the death and how it was connected to the defendant. Recoverable damages in a wrongful death lawsuit include the following:

• Funeral and burial costs
• Medical bills
• Loss of consortium
• Loss of financial support