Our law firm, the Downtown LA Law Group
, takes many clients who have been injured in various situations. These circumstances often lead to legal action, or personal injury claims
. A personal injury claim is a civil lawsuit filed against the responsible party; his insurance agency will generally be held accountable be made to pay for the damages. There is no jail time or other form of punishment besides monetary compensation for the defendant if found guilty. Our Santa Barbara personal injury attorneys
are some of the highest rated lawyers in the field and we have dozens of success stories from satisfied clients to back us up. If you are in need of an attorney to handle your personal injury lawsuit
, you can reach out to our firm for more assistance.
Types of Personal Injury Areas
Because of the many different ways that accidents can happen, there are equally as many accompanying laws. You should always consult with an attorney if you wish to take legal action, as you may not know what constitutes grounds for a claim. Our attorneys have handled cases in various areas, including:
- Medical malpractice for victims of negligence at the hands of doctors and nurses
- Product liability for those who have been hurt due to broken or malfunctioning items
- Assault and battery for those who were deliberately injured or targeted with harm
- Motor vehicle accidents, including truck crashes, motorcycle accidents, car crashes, bus accidents, and more
- Pedestrian crashes, bicycle accidents, scooter crashes, and other forms of incidents involving those who were not using cars
- Slip and fall cases for anyone who has fallen in a restaurant, store, retail location, mall sidewalk, and other area
- Premises liability if you were hurt because of something wrong with the area in which you were staying, such as faulty stairs, bed bugs and vermin, broken tree branches, dangerously exposed wires, and more
It can be difficult to move forward with a claim if you do not know the law behind it. If you are uncertain if you have any grounds for a case, you are welcome to contact our firm for more assistance. Our personal injury attorneys in Santa Barbara will be able to give you the answers you need.
Learn more about your options for compensation: (855) 339-8879
Common Injuries and Damages
Because of the sheer amount of different situations you can be in that involve accidents, it is fitting that the injuries can also be as varied. You may suffer damages such as the following:
- Missed diagnosis and misdiagnosis
- Wrongful surgery
- Bug bites
- Allergic reactions
- Severed limbs
- Traumatic brain injuries
- Broken bones
- Internal organ damage
- Brain damage
- Knee and hip injuries
- Neck and spinal cord injuries
- Crushing injuries
- Puncture wounds
- Nerve damage
- Torn muscles
Some of these injuries may be permanent and require a drastic change in your lifestyle. You should be fairly compensated if you face an alteration of your daily life and a change in career. Our personal injury lawyers in Santa Barbara
will strive to win you every penny you deserve from the responsible party, no matter who it is.
Steps To Take After An Accident
It is very important that you follow a set of steps to ensure that you aren’t in anger of bodily harm or risking an ineffective lawsuit. You should get as much evidence as you can while you can. Here is a short list of steps to take after an accident to ensure that your claim will have success:
- Get medical attention immediately
- Take photos of your injuries
- Hold on to medical receipts and doctor’s notes
- Take pictures of the scene of the accident and any involved vehicles, the environment, the defective product, and more
- Keep any receipts and bank statements showing valid purchases
- File an incident report with the business in which the accident happened
- File a police report once the report has been finalized
- Interview eyewitnesses and bystanders who may have seen the event unfold and can provide statements and testimonies
- Write down the necessary contact information of the responsible party and record his insurance details
It is also extremely important that you reach out to one of our personal injury lawyers in Santa Barbara to help you with your case. Many victims of accidents do not know where to turn or may not know how to proceed afterward. You should not have to worry about taking legal action by yourself with no outside assistance. We can handle your claim for you from start to finish and will make sure to walk you through the whole process as you need. For any questions, you can always call us.
How To Prove Negligence
To file a personal injury lawsuit
, you must establish negligent action by the responsible party. There are small variations from case to case. For example, in most personal injury claims, you must generally show that you were owed a duty of care that was breached by the responsible party, and that breach led to an accident that caused physical injuries.
In medical malpractice cases, you must show that there was a patient/doctor relationship established between the two parties. In premises liability cases, you must prove that the property owner knew about the hazard, caused the issue, or should have reasonably known about it if he claimed he did not. Product liability cases can be proven by establishing that the company had a flaw in the design process, manufacturing process, or with the packaging (if there were no hazard or adequate warning present).
It can be difficult to prove these points if you have not had any legal experience or if you are not familiar with personal injury law. For this reason, we highly recommend reaching out to a personal injury attorney in Santa Barbara
Complete a Free Case Evaluation form or call (855) 339-8879 today.
Determining The Value Of Your Claim
Your claim will be valued by the insurance agent responsible for handling your case. There isn’t a calculator available for you to input your damages into so you can receive a sum. Instead, the agent will consider the following:
- The severity of your injuries
- The impact your injuries had on your life and career
- Your age
- Your job type
- The damages done to your belongings
- Additional expenses that come from the accident
- Your level of negligence in the accident
Therefore, if you were majorly injured but were not responsible in the slightest, you could earn a fairly high settlement. However, small injuries that result in next to no lasting damage that you could be partially blamed for will yield a lesser amount.
Once the agent has considered your claim, he will make you an offer. It is up to our personal injury lawyers in Santa Barbara
to negotiate a better deal and secure you the maximum compensation available under the law. We will do all we can to ensure that your claim is correctly valued and that the insurance agent does not try to make unreasonable offers.
Restitution For Your Lawsuit
Your lawsuit can result in numerous kinds of compensation for your injuries and damages. You may have run up a lot of debts and expenses, especially if you were unable to work in the meantime. Our qualified lawyers will seek to bring you coverage for the following:
- Medical bills from the past and future, including surgery costs, hospitalization, medication, physical therapy fees, rehab costs, and more
- Additions to your home or vehicle
- Property damage to your vehicle, home, belongings, and other items
- Lost income from the past and future if you were unable to work, as well as disability if you won’t be able to work due to injury or recovery time
- Pain and suffering damages, such as PTSD, anxiety, fear, emotional anguish, mental stress, and more
- Punitive damages the defendant acted with gross negligence or intended to harm you; these damages are hard to win and are often viewed as excessive, so only a skilled lawyer will be able to secure them
- Wrongful death expenses if a loved one died in the incident, including funeral costs, pre-death medical expenses, loss of consortium, loss of inheritance, and more
You should not be expected to cover these costs if you were hurt due to the negligent actions of another entity. Our team of attorneys in Santa Barbara for personal injury claims is here for you.
Statute Of Limitations For Personal Injury Claims
The statute of limitations in California for personal injury claims varies from case to case. This is the time limit in which you must file a claim or you will be prevented from collecting any compensation. It is established so that you will take action in a timely manner and so that evidence won’t get lost. It will also prevent old claims from being unfairly reentered once the damages have been covered.
Here a few common statutes, as well as exceptions:
- Personal injury, product liability, premises liability: 2 years from the date of the injury
- Medical malpractice: 1 year from the discovery of the injury or 3 years from the injury itself, unless there was a foreign object left in the boy, in which case it is an unlimited amount of time
- Claims against the government: 6 months
- Plaintiff is a minor: Statute is suspended until 18th birthday
- Plaintiff is mentally or physically incapacitated: Statute is suspended until return to functioning health and presence of mind
- Defendant is out of state: Statute is suspended until he returns
If you do not know how much time you have left to sue the appropriate party, you should contact our personal injury lawyers in Santa Barbara. We will litigate your case and ensure that you have all of your documents filed on time. We are extremely punctual, and with us, you will never have to worry about a single late submission or missed date.
Get started today by calling (855) 339-8879.
The Right Firm: DTLA Law Group
Our team of expert lawyers at the Downtown LA Law Group
can effectively handle your case and bring you the maximum compensation for your damages and injuries. We will aggressively pursue your rightful settlement. If we have to go to court to win your case and defend your rights, we are more than willing to do so.
For a free consultation
, call us at (855) 339-8879
today. We are available 24 hours a day
, 7 days a week, 365 days a year. We will tell you what we believe we can win if you hire us and how we plan to prove your case.
If you want us to represent you, we will give you our zero fee guarantee. This promises that you won’t spend a dime throughout the claim and your financial standing will not be compromised. We won’t get paid unless and until we win, and if we lose, we eat the costs ourselves.
Don’t hesitate to get help from our personal injury lawyers in Santa Barbara
at the Downtown LA Law Group