Contact a Highland Personal Injury Lawyer

California residents are injured daily in accidents. Sometimes these injuries are nobody’s fault. However, in many cases, the negligence of another person or company is to blame. When that happens, injured victims have the legal right to seek compensation through a personal injury claim.

A qualified Highland personal injury lawyer can assist in these matters. Personal injury cases often involve complex factual and legal issues that require extensive settlement negotiations, and, if necessary, litigation. The personal injury team at the Heidari Law Group can advise and represent you throughout this process. We specialize in handling complex personal injury claims and will fight for your right to compensation.

How Personal Injury Claims Work in California

To establish a personal injury claim, you must demonstrate that the defendant—whether a person or legal entity—was negligent by violating a duty of care owed to you under the law. For example, if a driver breaks traffic laws and causes an accident, they were negligent by failing to obey the rules of the road.

However, negligence alone does not prove a personal injury claim. The plaintiff must also show they suffered an injury or loss, known as damages, as a direct result of the defendant’s negligence. This can be demonstrated by presenting medical bills for treatment following an auto accident.

Damages in a personal injury case may cover various economic and non-economic losses. Common types of damages we recover for our clients include:

  • Medical Expenses: Past and future medical costs, including rehabilitation or long-term care.
  • Lost Wages: Compensation for income lost due to time missed from work because of the injury.
  • Diminished Earning Capacity: Compensation for reduced earning capacity if the injury permanently affects the victim’s ability to work.
  • Pain and Suffering: Compensation for ongoing pain and suffering.
  • Property Damage: Repair or replacement costs for the victim’s car and other property.
  • Out-of-Pocket Expenses: Any additional expenses arising from the accident or injury caused by third-party negligence.

Personal injury claims can also arise from more than just accidents caused by negligence. We handle claims involving dangerous and defective products, intentional criminal acts (such as battery or sexual assault), and even cases involving injuries to a person’s reputation.

What Are The Common Causes Of Personal Injury Cases

Personal injury cases can arise from various situations. Some of the most common causes include:

Car Accidents: These are the most frequent cause of personal injury claims, often resulting from negligent or reckless driving.

Slip and Fall Accidents: Occur when property owners fail to maintain safe conditions, leading to injuries from slips, trips, and falls.

Medical Malpractice: When healthcare professionals provide substandard care, resulting in patient injury or harm.

Workplace Accidents: Injuries that occur on the job due to unsafe working conditions, lack of training, or equipment failures.

Product Liability: Injuries caused by defective or dangerous products, including pharmaceuticals, machinery, and consumer goods.

Dog Bites: Incidents where individuals are bitten or attacked by dogs, often due to owner negligence.

Assault and Battery: Intentional acts of violence or harm inflicted by another person.

Premises Liability: Injuries sustained on someone else’s property due to hazardous conditions, such as poor maintenance, lack of security, or unsafe structures.

Bicycle and Pedestrian Accidents: Injuries involving cyclists or pedestrians struck by vehicles.

Wrongful Death: Cases where negligence or intentional harm results in the death of an individual, leading to claims by surviving family members.

Each of these situations can lead to a personal injury claim if someone else’s negligence or intentional actions caused the injury.

Understanding Comparative Fault in California’s Personal Injury Cases:

In California, the system of comparative fault (also known as comparative negligence) significantly influences compensation in personal injury cases. Under this rule, the court determines the percentage of fault for each party involved in an accident. The victim’s compensation is then reduced by their percentage of fault. For example, if a plaintiff is found to be 20% at fault in a car accident, their awarded damages will be reduced by 20%. This system acknowledges that multiple parties, including the victim, can share responsibility for an accident, which impacts the final compensation awarded.

The Importance of Evidence in Personal Injury Cases:

Evidence is crucial in substantiating a personal injury claim. Key pieces of evidence in such cases include:

  • Police Reports: Official documentation of the accident.
  • Medical Records: Detailed records of injuries and treatments.
  • Photographs: Images of the accident scene, injuries, and property damage.
  • Videos: Footage from surveillance cameras or dash cams.
  • Witness Statements: Accounts from individuals who saw the accident.
  • Expert Testimonies: Insights from specialists, such as accident reconstruction experts.

Strong evidence helps establish the defendant’s liability by demonstrating negligence and causation—how the defendant’s actions directly caused the plaintiff’s injuries. Personal injury lawyers invest significant time and resources in gathering and presenting this evidence to build a compelling case, aiming to secure compensation that accurately reflects the damages suffered.

Common Asked Personal Injury Questions

Key Steps in Handling a Premises Liability Case in Highland

  1. Investigation: The lawyer conducts a thorough investigation, gathering evidence such as photos, videos, and witness testimonies from the accident scene.
  2. Establishing Liability: The lawyer determines the property owner’s liability by identifying any breach of duty of care and checking for past complaints about similar issues.
  3. Calculating Damages: The lawyer assesses the damages sustained by the client, including medical expenses, lost wages, and pain and suffering.
  4. Negotiation or Litigation: The lawyer negotiates with the property owner’s insurance company or prepares the case for trial if a satisfactory settlement cannot be reached.

How a Personal Injury Attorney Helps Victims of Motorcycle Accidents in Highland

  1. Detailed Evaluation: The attorney conducts a comprehensive evaluation of the accident, collecting police reports, medical records, and accident reconstructions.
  2. Identifying Defendants: The lawyer identifies all potential defendants and insurance policies.
  3. Settlement Negotiations: The attorney advocates on the victim’s behalf during settlement negotiations to ensure all economic and non-economic damages are covered.
  4. Court Representation: If negotiations fail, the attorney represents the victim in court to secure compensation through a verdict.

The Role of Negligence in Personal Injury Lawsuits Involving Car Accidents in Highland

Negligence is crucial in personal injury lawsuits involving car accidents. The victim must prove that the other driver owed a duty of care, breached that duty by acting negligently or recklessly, and caused an accident that led to injuries and damages. Proving negligence establishes the liability of the other driver and forms the basis for claiming compensation.

Types of Damages a Personal Injury Lawyer Can Recover for Clients in Ride-Share Accidents

  1. Economic Damages: These include medical expenses, lost wages, and loss of future earning potential.
  2. Non-Economic Damages: These cover pain and suffering, emotional distress, and loss of enjoyment of life.
  3. Punitive Damages: In cases of particularly reckless behavior by the ride-share driver, punitive damages may be pursued.

Scenarios for Pursuing a Personal Injury Claim for a Trip and Fall Accident in Highland

  1. Unsafe Conditions: Tripping due to uneven sidewalks, slippery floors without proper signage, or falling because of broken or inadequate lighting.
  2. Negligence of Property Owner: The property owner failed to maintain safe conditions or did not warn of potential hazards.

What Constitutes Medical Malpractice in Personal Injury Law in Highland

Medical malpractice occurs when a healthcare provider deviates from the standard of care expected under similar circumstances, resulting in harm to a patient. Examples include misdiagnosis, delayed diagnosis, surgical errors, medication mistakes, and failure to provide appropriate treatment. Victims can seek compensation for additional medical costs, pain and suffering, and lost wages.

How a Personal Injury Lawyer Assists Victims of Airline Accidents in Highland

  1. Investigating Causes: The lawyer investigates causes such as pilot error, mechanical failure, or FAA regulation violations.
  2. Identifying Liable Parties: The lawyer identifies liable parties, which could include the airline, aircraft manufacturer, or maintenance providers.
  3. Negotiation and Litigation: The lawyer handles negotiations with insurance companies and litigates the case in court if necessary to ensure full compensation for injuries and losses.

Factors Influencing Settlement Amounts in Truck Accident Cases in Highland

  1. Severity of Injuries: The extent of the victim’s injuries.
  2. Property Damage: The extent of damage to property.
  3. Negligence: The truck driver’s level of negligence.
  4. Impact on Life: The impact of injuries on the victim’s quality of life.
  5. Insurance Policies: The insurance policies available.
  6. Comparative Fault: The victim’s contribution to the accident, if any.
  7. Attorney’s Skills: The negotiation skills of the personal injury attorney.

California Law on Wrongful Death as a Result of Personal Injury

California law allows surviving family members or the estate of the deceased to file a wrongful death claim when death results from someone else’s negligence or intentional actions. Claimants can seek damages for lost wages, funeral expenses, loss of companionship, emotional distress, and other losses.

Statute of Limitations for Filing a Personal Injury Claim in Highland

In Highland, the statute of limitations for filing a personal injury claim is generally two years from the date of the injury. If the injury was not discovered immediately, the period may start from the date the injury was or should have been discovered. For claims against government entities, claimants have six months to file a claim.

Why You Need to Work with a Qualified Highland Personal Injury Lawyer

We understand that many accident victims hesitate to engage a personal injury attorney. Some believe that hiring a lawyer means you are committed to suing. In reality, most personal injury claims are settled out of court, even with lawyers involved. In fact, having a lawyer by your side increases your chances of obtaining a favorable settlement.

There are several reasons for this. First, an experienced personal injury lawyer can thoroughly investigate a potential claim from the beginning. This is crucial when multiple potential defendants are involved or when outside experts are needed to reconstruct an accident. Additionally, insurance companies often rely on an accident victim’s lack of legal knowledge to pressure them into accepting a low settlement offer. Having your own attorney represent you in negotiations levels the playing field, ensuring you receive fair compensation.

It is also important to understand that there are strict time limits to bring a personal injury claim–normally two years in California. So it is essential that you engage a skilled Highland personal injury attorney as early as possible. Contact the Heidari Law Group, P.C., today to schedule a consultation in English or Spanish with a member of our team.