Common Injury Questions

Understanding Personal Injury Claims in San Diego

If you were injured or if a loved one was involved in accident, you probably have a number of questions. Of course, your concerns are best addressed directly by an attorney who can give you answers based upon your individual situation, but we have included some frequently asked questions related to personal injury claims in the San Diego area of California. We welcome you to review these and also welcome you to call our offices for a free, confidential consultation with a skilled lawyer.

What is a personal injury?

A personal injury is a physical or psychological injury that a person experiences as the result of another's conduct, whether intentional or stemming from negligence. Some of the most common causes of personal injuries include car accidents, slip and fall accidents, dog bites and defective products.

Do I need an attorney?

If you want to seek fair compensation for your injuries by holding the responsible party accountable for their conduct, it is best to involve a legal professional. A San Diego personal injury attorney will understand how to properly approach your case in order to seek the best outcome in the shortest amount of time. This may prove invaluable as you face exorbitant medical bills and serious financial problems caused by lost wages. A lawyer can also help if the insurance company handling your case tries to unfairly deny or delay payment, or tries to settle your claim for less than it is worth.

What is strict liability?

Strict liability refers to a situation where an individual or company can be held liable (legally responsible) for one's injuries regardless of specific negligence or intent. A good example would be a claim involving a consumer product with a manufacturing or design defect. If this defective product causes injury to a consumer, the manufacturer may be held strictly liable for the consumer's injuries.

What is negligence?

Negligence may be described as a failure to provide reasonable caution or care in the circumstances. A driver who is eating while driving and therefore runs a red light, striking a pedestrian, may be considered negligent. He did not act intentionally, but he did not act with reasonable care and may therefore be held accountable for the pedestrian's injuries.

What happens if I was partially at fault?

It may occur that an injured party may be partially at fault for his or her injuries. In these cases, the victim's financial compensation may be lessened by the percentage that he or she was at fault. If an injured bicyclist was found to be 10% at fault for an accident involving a motor vehicle, the driver of the motor vehicle may then pay 90% of the damages awarded to the bicyclist.

What is my claim worth?

Every case is different and the value of your claim may therefore vary dramatically depending on the extent of injury you suffered, the amount of medical bills you are dealing with, the impact that the injury may have on your life and a number of other factors. The best way to find out what your case is worth is to have a skilled lawyer review the matter.

Will I have to go to trial?

Most San Diego personal injury claims settle prior to trial. Statistically speaking, you will probably not have to go through a trial in civil court. However, our approach to each client's case is tailored so we can seek the best possible result on their behalf, whether this is inside or outside of the courtroom. There is always the possibility that your case may need to go to trial if this will be in your best interests.

Interested in learning more? Contact an injury attorney at our firm.

Make sure you get the information you need to make the right choices about your case. If you want to learn more about accidents, injuries and your legal rights, contact a San Diego injury lawyer at our firm today.