There are any number of ways that you could be injured on a day to day basis. Some of these accidents can happen seemingly without reason, while others can be directly attributed to the actions of another party. If you were hurt because another party acted recklessly or did not protect you when you were owed a duty of care, you can file a personal injury claim
to pursue financial compensation. Our team of San Marcos personal injury attorneys
at the Downtown LA Law Group has recovered millions of dollars for our clients and knows the best tactics to winning claims and negotiating fair settlements from insurance agents.
What Areas Of Personal Injury Do You Serve?
Our lawyers have taken on many cases of personal injury throughout the years. We aim to help all clients who have been injured and need legal representation. Because every case is unique, we have amassed a lot of knowledge on many varieties of lawsuits and circumstances of accidents. We are no strangers to the various areas of personal injury. Examples include:
- Dog bites: Dog owners are strictly liable for the actions of their dogs. California does not have a one bite rule that is present in some other states.
- Medical malpractice: Doctors and nurses in hospitals, health care facilities, nursing homes, rehabilitation practices, and other such areas must take care not to hurt any patients, whether directly or indirectly. Medical malpractice can be claimed if a doctor misses a diagnosis, misdiagnoses a patient, wrongfully amputates a body part, prescribes the wrong medicine, causes further damages via treatment, refuses or neglects to clean medical instruments, and more.
- Automobile accidents: You may be struck by a car, truck, motorcycle, or bus, any of which can cause extreme injuries. These accidents may happen on the street, on the highway, in parking lots, and more. Millions of individuals are involved in accidents each year, and automobile crashes are one of the leading causes of death in the country.
- Assault and battery: You may be attacked by an individual, whether verbally or physically, and harmed. An assault can happen at a bar, on a main street, as a result of an argument, in an apartment complex, and anywhere else that individuals gather. Many assaults are caused by intoxicated individuals.
- Pedestrian, bike, and scooter accidents: Some individuals choose to ride bikes or scooters around, which can cause them to get involved in accidents with cars that do not see them. They may also strike pedestrians. Pedestrians themselves are at risk of being struck when walking at night, when crossing the street, when walking in parking structures, and more.
- Bed bug infestations: Apartment owners and hotel owners must take care to provide sanitary and safe living quarters for renters and occupants. If there are any infestations from bed bugs, vermin, roaches, and other such creatures, the property owner can be held liable and be sued for the consequent damages.
- Product liability: A company may create a product or fail to warn about its hazards, which can lead to consumers getting injured from any defects or misuses. The business may have issued a recall or it may receive a class action lawsuit from numerous affected victims.
- Premises liability: Property owners need to have sufficient safety on their property. Slip and falls, injuries from wet floors, broken tree branches, unsafe stairs, and more can all be a part of premises liability claims. There are specific laws governing premises liability and the status of visitors, such as invitees, licensees, and trespassers.
Our personal injury attorneys in San Marcos will gladly help you with your case, no matter what the circumstances are. We will work to secure you every penny you need to cover expenses.
How Can I File A Personal Injury Claim?
If you wish to file a personal injury lawsuit
, you must be able to show that you were the victim of negligence. TO do this, you must establish four crucial pints. If even one of these points is shown to be false, you will not able to pursue any legal compensation. The points are:
- There was a duty of care owed to you from the responsible party
- The duty of care was breached
- The breach of duty caused an accident or incident f some kind
- The incident resulted in physical injuries
If you weren’t physically harmed, you won’t be able to file a personal injury claim. Instead, you will only be able to pursue the economic damages, such as property damage and lost wages.
Find out more about how we can help you. Call (888) 649-7166 to speak with a representative now.
—San Marcos Car Accident Lawyers
In order to successfully win your claim, you will need ample evidence. Your evidence should contain the following:
- Proof of medical treatment
- Medical receipts and doctor notes
- Important documents, papers, statements, and other pieces of writing
- Photos of your injuries
- Photos of the scene of the accident
- Eyewitness statements and testimonies
- Incident report with the business
- The defective product itself
- Copy of a police report
- Security footage
After an accident, it is crucial that you get medical attention as quickly as possible. Even if you feel you weren’t injured, you should still get treatment, as there may be damages present that you do not notice due to adrenaline or anxiety. It is extremely beneficial to your claim that you get medical treatment as soon after the accident as you can. If you do not go to the doctor, the insurance agent can essentially claim that your injuries were not caused by the incident or that you were hurt elsewhere due to the time gap.
You should make sure to take down any necessary information that you can, such as the insurance details of the responsible party or the phone number to contact the party at. This will allow you to have a solid target and you will not have to hunt to find the liable party.
If you are unable to collect evidence immediately after the incident, you can contact
our personal injury lawyers in San Marcos
. We’ll be able to gather what you can’t and will even be able to hire expert witnesses to assist with your claim.
What Can I Receive From A Personal Injury Lawsuit?
You may be able to receive different types of compensation if you win your case. We will make sure to bring you the maximum settlement under the law and to get you all the coverage you need. Some forms of compensation you can receive include the following:
- Medical bills from the past and future
- Property damage
- Lost income and wages from the past and future
- Pain and suffering damages
- Fees for restructuring your home and creating additions for ease of access
- Extermination and fumigation costs
- Wrongful death expenses
- Punitive damages
You can only collect wrongful death expenses
if a family member or loved one passed away in the incident. Further, you can only collect punitive damages if you were harmed as a result of egregious negligence or if the party deliberately attempted to hurt you. However, these damages can only be won by a skilled attorney, as they are often considered excessive, despite being ample punishment that replaces jail time in civil cases.
Learn more about your legal options: Call (888) 649-7166 to speak with a representative now.
For additional help, contact
our personal injury attorneys in San Marcos
. We will strive to bring you every penny you deserve in your lawsuit.
How Long Do I Have To File A Personal Injury Lawsuit?
In the State of California, you only have 2 years from the date of the injury to file a lawsuit for compensation. Personal injury claims must be filed within this time frame or you will be prevented from pursuing any future compensation. The statute of limitations protects both parties, as it allows ample evidence ot be assembled in a fair amount of time and does not prevent one party from being taken advantage of, whether by being too short or too long. You should not be able to file a lawsuit three decades after the injury if the accident were essentially forgotten and the damages were paid off.
Some cases do not follow the 2 year limit, though. For example, medical malpractice cases must be filed within 1 year of the discovery of the injury or within 3 years of the injury itself, unless there was a foreign object left behind in your body after a surgery – in which case, you actually have an unlimited statute of limitations.
In addition, claims against the government also have a different statute – they must be filed within 6 months of the injury.
There are some exceptions to the statute of limitations, as well. These exceptions include your age (minors cannot sue and can wait for their 18th birthdays to begin before the statute of limitations starts), the incapacitated (those in comas or who have been rendered mentally unfit can wait until they return to functional states before the statute begins), and the defendant’s location (if the defendant is not present and has left the state, the statute would be suspended until he returns and would resume to match the time he was absent).
A big reason that many claims go unfiled is because victims do not know how much time they have to sue. You can contact
our San Marcos personal injury lawyers
to help you with your case; we promise to file all of your documents on time and we will not miss a single deadline. Our attorneys are punctual and efficient.
Our Firm and You
The Downtown LA Law Group
has been in business for years and our expert personal injury lawyers
have been consistently rated as some of the most helpful and effective attorneys in town. We are aggressive towards the insurance agents and empathetic towards our clients. We always strive to keep our clients updated and we are willing to go to any lengths to win – including taking your case to court.
Call our offices at (888) 649-7166
for a free legal consultation today. All consultations are completely private and none of your information will be shared outside of our walls. You can ask us anything you wish and we’ll tell you how much we think your case is worth. We’ll also inform you about the legal process, what is expected of you, how we plan to win, and our zero fee guarantee. Our zero fee guarantee promises
that you won’t pay us a dime throughout the case, and we’ll have our costs covered only if we win. If we lose, we take no money at all.
our law firm to speak with a personal injury lawyer in San Marcos