Accidents happen and are unavoidable. However, just because they are called “accidents,” it does not mean that no one is at fault and accountable. If you get injured in an accident in Escondido due to someone else’s negligence, you may be eligible to receive compensation. It is either through a third-party insurance claim or via a personal injury lawsuit. An experienced Escondido personal injury attorney can walk you through the process and help you understand how it can work in your favor.
What Is Personal Injury?
Personal injury is an area of the law focused on helping the victims of accidents caused by someone else’s recklessness. It allows individuals to obtain compensation for their injuries, helping them to get back on track from the financial and emotional impacts that those injuries have on their lives.
The following are some of the common practice areas that fall within the realm of personal injury law:
- Defective products or product liability
- Dog bite injuries
- Hotel and casino related injuries
- Medical malpractice
- Motor vehicle accidents, including accidents involving buses, cars, motorcycles, trucks, and rideshare vehicles, as well as those involving pedestrians and bicycles
- Premises liability, including slip and fall cases
- Work injuries
- Wrongful death
How A Personal Injury Attorney Can Help
In many cases, those injured in accidents choose to negotiate a settlement without the benefit of an attorney. As an entity that has been in legal practice for years, we at Marino & Tye LLP strongly advise against this, as insurance companies—and their attorneys—are well versed in the law. They employ techniques to avoid compensating accident victims. That is why “going it alone” typically results in a settlement that is too low to compensate you for your injuries and may result in no settlement at all. Our Escondido personal injury attorneys provide several legal services for the benefit of our clients. These services include:
- Providing information that you need to understand the legal options and make informed decisions on how to proceed with an insurance claim or legal process
- Analyzing the details of your case to establish a monetary amount that justly compensates you based on the severity of your injuries and your current and future medical needs
- Building up a common-sense legal strategy following your needs
- Gathering evidence in the case, including witness statements, photographs, medical records, and an accounting of injury-related expenses to prove negligence and damages
- Negotiating for a fair settlement with the insurance company
- Tracking and meeting the filing deadlines and other required court procedures for the case
- Conducting witness depositions and making evaluations of evidence that has been gathered by the defendant’s attorneys
- Litigating the case in court
- Helping to alleviate the burden of debt collectors while your case is in process.
- Tending to the details of the settlement or award payout
- Representing you during the appeals process if either you or the defendant wishes to appeal the court’s decision
California’ Personal Injury Laws
While filing a claim and seeking a settlement through the insurance of the at-fault party is generally the first step in recovering compensation for your injuries, California also provides accident victims with the option of filing a personal injury lawsuit. Here are some of the requirements of the state for those filing a personal injury action through the courts:
- The statute of limitations on personal injury claims is generally two years. Meaning, you have two years from the date that the injuries occurred to file your claim in court. There are some exceptions to this rule, such as: (1) When the injured person is minor or (2) When there is a delayed discovery of the harm caused by someone else’s negligence.
- California follows a pure comparative negligence rule. That means state courts allow injured parties to collect damages even if they are 99% at fault for an accident. California does not cap the amount of fault at 50%, as opposed to modified comparative negligence states. However, the courts will reduce the plaintiff’s award, depending on the percentage of fault.
- In dog bite cases, California holds dog owners strictly liable for the legal damages caused by their dog’s bites. That means to say that a one-bite rule does not apply in the state.
- To obtain compensation through a personal injury lawsuit in Escondido, you must be able to prove negligence on the part of the defendant. Your attorney at Marino & Tye LLP can help you with that.
What Kind of Damages Can I Recover Through a Personal Injury Claim?
A personal injury claim in Escondido can result in compensation for the following types of damages:
- Economic damages, including medical bills, property damage, the cost of short and long-term care, physical rehabilitation, diagnostic tests, lost wages, and loss of future earning capacity.
- Non-economic damages, such as pain and suffering, scarring, inconvenience, loss of limb or the function of a body part, and loss of the enjoyment of life.
- In cases where the defendant’s actions were reckless or intentional, you may also receive punitive damages.
Personal Injury Lawyer FAQ
Suffering an injury caused by the negligence of someone else can be a catastrophic experience. Notwithstanding the level of severity, you deserve to hold the negligent party accountable. Your best chance of doing this is to work with a reputable Escondido personal injury attorney. Working with a compassionate but aggressive legal team is what you need to help you get better.
Here are the answers to some of the questions we are frequently asked about here at the Marino & Tye LLP:
Who Is at Fault for My Injuries?
It depends on the cause of your injury. Some of these are the following:
- Car Accidents
- Products liability
- Slip and fall
- Workplace accidents
If you get injured on the job, worker compensation insurance will help take care of the things you need for recovery. But what many people do not realize is that that compensation probably will not cover all of your medical expenses. Thus, it is imperative to speak with a reputable Escondido personal injury lawyer who can help guide you through the intricate process ahead.
What Compensation Can I Get?
It varies depending on the type of injuries you suffered. General damages our legal team will fight for include:
- Emotional distress
- Future costs
- Lost wages
- Loss of companionship
- Medical bills
It is easy to know your total existing medical costs. What is harder to estimate is your future costs. That is why it is crucial to work with an experienced Escondido personal injury attorney. Marino & Tye LLP can help calculate your future expenses and work hard to help you cover those costs so that you do not end up paying a dime out of your pocket for injuries caused by the recklessness of someone else.
Remember this: Many insurance companies will prey on your uncertainty in the area of personal injury law and offer you a quick settlement. They are expecting that you are only thinking about those medical bills. But you deserve better, and we are here to guide you every step of the way.
How Much Is My Claim Worth?
This question is the most commonly asked question we get. Unfortunately, the answer to this question is not easy and never quick. That is because the value of your claim depends on your injuries, the amount of work you have missed, among other factors.
When you work with us, we will help you determine the full value of your claim. We will then do an aggressive negotiation with the insurance company to get you the compensation you deserve. In the event the insurance company refuses to offer a just settlement, we are fully prepared to take your case to trial to ensure that you receive the full remedy of the law.
What Is It Like to Work With Marino & Tye LLP?
We work with our clients with competence, compassion, and care. Just like the other clients we have had, you will receive the same level of legal service. We work with the utmost quality and professionalism. That is why our clients place a great deal of trust in us. Whether someone injured them in a car accident, workplace accident, slip, and fall, or any other type of personal injury, you can count on us to be your advocate so that you can focus on your recovery.
Having the peace of mind knowing that your Escondido personal injury attorney is competently handling your case can help relieve that stress and let you focus on what matters the most.
How Long Will My Case Take to Resolve?
The length of time it takes to resolve a personal injury claim is dependent on several factors, including:
- The severity of your injuries
- The amount of time you are out of work
- Any loss of enjoyment of your life as a result of the injuries
- The type of injuries you suffered
Some personal injury claims are more complex than others, but all require the keen eye of a reputable and experienced injury lawyer. So the length of time to resolve a claim will vary depending on the level of complexity of your case, which can only be determined after you have spoken with us, and we have completed a full case evaluation. But do not delay. You are under a time limit for how long you have after your accident to bring a claim.
Work with Marino & Tye LLP
If you get injured in Escondido due to someone else’s negligence, call us here at Marino & Tye LLP right away. Our team of legal experts will discuss your options.
To schedule your free consultation and case review, contact at (760) 741-7643 or email us at jtye@marinoandtye.com.