DISCLAIMER: Please be aware that the case results described above are not intended to be representative of usual results and not every result is typical or expected of every case. Every case is different and case values turn on small facts and differences. Please contact our office to discuss your case and the range of reasonable case values for your personal injury case.
California is a “fault” insurance state, meaning victims of car accidents usually file a claim with an insurance company to receive compensation for damages. Unfortunately, these companies have been known to take advantage of the system and avoid paying a fair value for the claim. You’ve been faithfully paying your premiums, so shouldn’t an insurance company respond in kind? Unfortunately, this isn’t always the case, so it’s essential to have a San Diego car accident attorney in your corner.
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Statutes Pre-Legal Education Address Change Select another topic (4) Identifying the facts and issues in the case that are in dispute;
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2017 Public Comment SAN DIEGO, CA 92103 This client was playing golf with friends (and they were all drinking on the course) when the driver ran the cart off the path, causing the cart to overturn. The client was thrown head first from the cart and sustained a serious knee injury that required surgery. The driver’s insurance company fought this case because everyone including the client was drinking, but we forced them to pay $100,000 (policy limit) to compensate the client for her injuries.
Need Legal Help? Social Wrongful Death Law – The worst type of personal injury case, of course, is the case of wrongful death. In California, the code of civil procedure allows for the surviving spouse, domestic partner, children, and issue of deceased children to maintain a case when a person is killed by the conduct of another. At Walton Law Firm we see them too frequently in the automobile and motorcycle accident context, but these tragedies can happen anywhere, such as construction sites, nursing homes, swimming pools, and innumerable other places. After any unexpected death, it is important that a thorough investigation is conducted as soon as possible after the event to preserve all evidence to be used in the case.
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DEFECTIVE PRODUCTS Is the law firm and their attorney from your town or do they only advertise in your town to get clients without a real personal presence? This is important if you want your case handled by a lawyer who has practiced and is a part of your community and has the experience with the trial attorneys against you or the assigned trial judge or judges in your local courthouse. The mutual respect and relationships even with adversaries work to your advantage if you have your local counsel.
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TEXT CONTACT Victims of California car accidents are also free to pursue civil suits against the driver at fault under the state’s financial responsibility laws. If a car accident only involves property damage, you may be better off handling the claims process yourself. But if you or a loved one has been injured, consult with a San Diego personal injury attorney.
Use city and cross streets if possible Distracted driving, caused by using a cellphone while driving, turning to speak to a passenger, changing tracks on the in-car CD player and more
California law explicitly accounts for this type of a situation by way of a legal doctrine known as comparative negligence, or comparative fault. California is a “pure” comparative negligence jurisdiction. What this means is that a plaintiff that files a California personal injury lawsuit against a driver can recover damages even if he or she was more than 50 percent at fault. For instance, if a car accident causes the plaintiff to suffer $100,000 in damages, he or she can still file the lawsuit even if that motorist is deemed to have been 55 percent at fault. If the plaintiff’s claim is successful, he or she will have that recovery reduced by the amount of fault assigned to that party. In this case, the successful plaintiff would recover $45,000. Therefore, you should still contact car accident attorney at Gomez Trial Attorneys after a crash even if you’re not sure who caused it.
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