Martinez & Schill LLP

How much is my San Diego personal injury claim worth?

If you're unsure if it's worth it to pursue an insurance claim, you might wonder what amount you're likely to collect. The answer is that it depends on the details of your accident, including the extent of your injuries, the cost of your medical bills and lost wages, and how the incident has affected your life. The only way to get an accurate estimate of your settlement is to discuss your case with a San Diego personal injury attorney with experience representing injured victims.

What if I sustained injuries in a construction accident at work?

The construction industry is considered high-risk for workers. Some common workplace injuries in this field include falling from scaffolding, being struck by falling objects, and being caught in or cut by machinery. If you suffered these or other injuries at work, call our San Diego personal injury law firm to determine if you should file a workers' compensation claim or initiate a personal injury lawsuit against a third party to get the damages you deserve.

What are pain and suffering damages in a California personal injury lawsuit?

Many personal injury claims allow injured victims to collect compensation for pain and suffering. These are non-economic damages meant to compensate you for the physical pain and emotional distress of being a personal injury accident victim. After all, physical and emotional pain can be life-changing, especially if no amount of medical care or therapy will eliminate it. This is why experienced personal injury attorneys often seek to recover pain and suffering damages for their clients.

How are child injury cases different from most personal injury cases in California?

California personal injury law treats personal injury cases involving children slightly differently than those involving adults. This is because children are more vulnerable, so courts often must approve any settlements to ensure they're in the best interests of the child. In particular, they must cover any long-term needs the child might have, including therapy, ongoing medication, special education services, and home modifications. Our San Diego County personal injury lawyers have experience initiating this type of case. Call today to learn more.

How long do I have to file a personal injury lawsuit in California?

The statute of limitations for personal injury claims is two years from the date of the injury, which means you have that amount of time to take legal action after someone else's negligence leaves you with severe injuries. But certain types of cases can extend or reduce this deadline. For example, you can file a medical malpractice claim up to three years after being injured or one year after discovering the injury. On the other hand, the statute of limitations is only six months if you're bringing a claim against a government agency, so contact an attorney today for legal representation.

What if I was partially at fault for the accident that caused my injuries?

During an investigation into the accident, it might become apparent that you share some liability for what occurred. You will likely still be able to recover damages under California's comparative negligence rule. This means your settlement will be reduced by the percentage of liability assigned to you. So, if you're 40% liable, you can collect 60% of the total you're entitled to as an accident victim. A dedicated personal injury lawyer can tell you what amount to expect, so call our San Diego personal injury firm today.

What if the liable party doesn't have insurance?

Once your San Diego personal injury lawyer determines who is liable for your injuries, they'll find out the contact information for their insurance company. If it turns out they don't have insurance or their policy limits are too low to pay your settlement, your San Diego, CA personal injury attorney will consider other options. For example, your own insurance company may be able to cover your expenses, or there may be a third party that's partly liable for your injuries.

Who can file a wrongful death claim after a fatal accident in California?

Only certain surviving family members can file a claim after losing a loved one. In order of priority, they include the surviving spouse, domestic partner, and children. In the absence of such family members, then parents, siblings, or certain individuals who were financially dependent on the deceased person can file. A personal injury lawyer can determine if you're eligible to initiate a claim for funeral expenses, medical expenses, and lost income, so call our firm for exceptional legal representation in San Diego County.