In San Diego, California, personal injury cases can consist of auto accidents, motorcycle accidents, slip and fall cases, other accidents, injuries, wrongful death, dog bites, brain injuries and many others. Part one will discuss first steps to consider in any personal injury case, pre litigation investigation, claims analysis, employment of expert witnesses, damages and personal injury claim settlements. Part two will discuss filing suit including any pleading concerns and time bars as well as discovery, judicial arbitration, uninsured motorist claims and uninsured motorist arbitration, preparing for trial, trial and post trial motions and hearings.

In any personal injury case in San Diego, there are always "fist steps" in an attorney discussing the case with client and the legal representation. There may be statute of limitation concerns so it is essential to call a lawyer immediately after you are involved in an car accident, motorcycle accident, slip and fall, wrongful death, dog bite or any other type of personal injury claim. Do not discuss the case with the other party or their attorney before speaking with your lawyer. There may be cases in which medical services are needed and issues regarding medical insurance coverage and potential subrogation and also potential reimbursement for any government benefits provided such as medi cal or other benefits. It is essential to write down exactly what happened since a settlement or trial may take months or years and memories fade. Preserve all evidence and take pictures as needed. Obtain any police reports or other reports as much as possible and your attorney can assist with this process. All attorneys who are licensed in California will provide you with a written retainer agreement which meets the standards set by the State Bar of California. Many cases are accepted on a contingency fee which means the client does not pay the legal fees in advance as a retainer and, instead, the lawyer receives a percentage of the recovery. There are many forms, in addition, such as release of medical records, which will need to be signed and executed to allow your lawyer to properly represent you.

Pre litigation investigation is essential to obtaining the best result. This can consist of the attorney reviewing all documents provided, pictures, police reports, hospital records, doctors reports and many others. In some cases, an investigator is hired to assist with this procedure. If the injury is as a result of product liability, then the product needs to be retained for analysis by an expert to give an opinion as to any defect. There is also a determination into causation which is an essential element in any pre litigation investigation.

Damages are the amount requested at settlement or trial and consist of compensation of the injury. These can be monetary [loss of work due to injury] and non monetary [pain and suffering and emotional distress] and also for medical bills and even loss of consortium due to an injury to a spouse. This is a very important consideration in any personal injury case since client's want to obtain the maximum settlement possible whether by arbitration or trial or settlement directly with the insurance company or other party. Potential claimant's in a personal injury case can encompass the physically injured party, spouse, domestic partner, parents and the injured parties estate if there is a death of the injured party. Specific items of compensatory damages can include past medical expenses, future medical expenses, loss of earnings, impaired earning capacity, pain and suffering, some non economic damages such as disfigurement and shortened life expectancy, negligent infliction of emotional distress, intentional infliction of emotional distress, mishandling of a corpse, violation of a statutory duty, violation of a criminal statute and damage to personal property among others. There are mitigating factors which can be used as a defense and some of these include comparative negligence, assumption of the risk which can be incorporated into comparative negligence, duty to mitigate damages, statutory limits to recovering damages, parent's liability for their children's misfeasance, and the medical malpractice general damages liability provisions of MICRA. Punitive damages can be requested in limited cases and your lawyer can discuss these with you.

Statistically, most personal injury cases will settle before trial for many reasons and some of these are to avoid delay, reduce costs, minimize the uncertainty of a trial result and expedite payment to the claimant. There are advantages and disadvantages to filing a lawsuit and your attorney can discuss these with you but there is always the consideration of the statute of limitations so it is essential to call your lawyer right away after any accident or injury. There are many factors to consider in determining what a realistic settlement value is and your attorney can discuss this with you since all cases are different. It is very important to have your attorney engage in the most effective settlement negotiations and this means to have all evidence needed to present at the time of the initial settlement negotiation and potential demand. One of the techniques which can be used is the "Policy Limits Demand Letter" which can be sent when the damages are clearly in excess of the policy limits. This requires first knowing what the limits are for the policy [if one exists] and obtaining this information can require time. In addition, an effective technique can include the "Statutory Offer to Compromise" under Code of Civil Procedure Section 998 and, again, this is individual to each case. Expert witnesses may be consulted at this stage to assess damages for settlement purposes. There are also "structured settlements" in which there is not a lump sum payment but, instead, payments are made and this has both advantages and disadvantages for the plaintiff.

If you have been injured in San Diego, please feel free to contact us for your complimentary and confidential consultation.