Personal Injury

If you’ve been injured in an accident, it’s easy to get overwhelmed.

You thought recovering damages would be simple enough. After all, you were the one who was hurt. Yet, it’s looking like you’re going to get stuck with the bill for something done TO you!

You’re likely asking many questions, including what compensation you’re actually entitled to and, ultimately, “Do I need a personal injury lawyer?”.

The first step to resolution is to arm yourself with all of the knowledge you can to help you find a personal injury attorney you can trust to help you get a just resolution (and restitution!).

HOW CAN I RECOVER DAMAGES IF INJURED IN AN ACCIDENT?

If you’re searching for a personal injury lawyer in California, it’s likely because you were rear-ended, hit by a car on a bike, in a motorcycle accident, or hurt by a different type of vehicle injury.

Regardless of what the specifics are, if you were hurt and someone else is at fault, you are owed compensation for their negligence. We’ll get into negligence next, but as with all negligence lawsuit cases, personal injury negligence settlements can include compensation for the following costs:

  • Related medical bills
  • Any resulting loss in income
  • Pain and suffering damages
  • Any loss to earning capacity

Now that you have some talking points for how to talk to a personal injury lawyer, defining these and other related applicable damages in further detail will be dependent on the individual case.

HOW DOES THE STATE OF CALIFORNIA DEFINE NEGLIGENCE?

While negligent case examples vary widely in their details, defining negligence is the same across the board.

Simply put, when a driver gets on the road, they owe you the ‘Driver’s Basic Duty of Care’.

This includes the standard of ‘reasonable care’ which includes obeying the speed limits and other rules of the road as well as watching out for other vehicles, pedestrians, and conditions (like construction zones and temporary road closures).

If a driver neglects to do these things, and it is a substantial factor to your getting injured, it’s considered a breach of this basic duty of care and they owe you damages.

The reason for their negligence (i.e. simply text messaging or a more serious DUI) is not a factor in determining if you’re due compensation as long as they are ruled to be at fault.

WHAT IF I WAS PARTIALLY AT FAULT, AM I STILL OWED DAMAGES?

If you were injured but find yourself facing the possibility of being found partially at fault, you’re still in luck for a portion of the damages.

California’s comparative negligence law is based on “comparative fault”, which allows you compensation for the percentage that was not found to be your fault.

The percentage of fault is ultimately determined by the insurance company if settled or by a jury if in a trial case. So if, for instance, you were found to be 30% at fault, you would get 70% of what you were entitled to had the accident been completely the fault of the defendant.

Because the details of each case can vary so widely, the best way to ensure you get the full amount of damages you’re entitled to is to have Proper Defense on your side.

WHAT DO I DO IN THE CASE OF A WRONGFUL DEATH LAWSUIT?

‘How to sue for wrongful death in California’ is a common search, and it’s a sad reality that it’s so prevalent.

If an accident results in the death of someone you love, these wrongful death lawsuits fall under California’s Code of Civil Procedure 377.60.

When someone dies, on top of everything else, there’s the sudden loss of not having someone in your life, your pain and suffering, funeral costs, the time you have to take off, and so many other considerations. Both economic and non-economic losses should be fully compensated.

Because of its many heavy potential complications and heightened emotions, seeking an attorney experienced in wrongful death settlements in California is your first step in getting some peace back into your life. That’s where Proper Defense comes in.

WHAT IF THE PERSON WHO HURT ME HAS NO INSURANCE?

Beyond the penalties the defendant will face for not having insurance, you are able to personally sue for damages and are entitled to do so.

Without insurance, a defendant will have to personally pay for damages out of their assets. Sometimes there are other forms of insurance (such as homeowner’s insurance) or other ways of acquiring the funds to pay the damages if they don’t have the funds readily available (such as a home or car).

But sometimes you have what is known as a judgment-proof defendant. This is someone who has nothing, no assets, has filed for bankruptcy, or otherwise just has nothing to compensate you with.

For cases like this and others, it’s vital that you understand all applicable California law. ‘But how do I find a personal injury lawyer I want to work with?’, you may ask.

My advice is to seek out someone experienced in taking cases to trial so that they won’t settle to avoid court. After all, you deserve a Proper Defense.

WHEN IS IT WORTH HIRING A PERSONAL INJURY ATTORNEY?

Before you go it alone with the other party and/or their insurance company, especially if the case is going to court, proper representation gives you the best chance at getting what you deserve. Sally Vecchiarelli is an experienced trial lawyer who will not settle because she has your best interest at heart and is willing to fight for it.

But don’t wait that long. Today is the day to begin the process because there are time constraints based on pain and suffering limits California has in place. You don’t want to miss out on what you’re owed because of a technicality.

Find a successful end to your search now for ‘personal injury lawyers near me’ and ‘best personal injury attorneys near me’ with Proper Defense, one of the most compassionate Fresno law firms according to dozens of reviews on Avvo, an online Fresno attorney directory.

While often sought as a car accident lawyer in Fresno, Proper Defense also serves the Greater Central Valley area for personal injury cases in surrounding cities, including Clovis, Coalinga, Kingsburg, Hanford, Madera, Merced, Porterville, Reedley, Sanger, Selma, and Tulare.

Contact us today for an initial consultation at (559) 825-3800 or schedule an appointment online
on our ‘Contact Us’ page. It gets better with Proper Defense, we promise.

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