The consequences of an accident can extend well beyond the initial injury, particularly if you need ongoing treatment or cannot return to work. A California personal injury lawyer can help you file a claim and seek compensation for both short-term and long-term losses.
The lawyers at Sweet James have been fighting for injury victims for over 25 years. If you were injured as a result of someone else’s negligence, a Huntington Beach personal injury lawyer can take on your case and help you pursue damages.
Why Hire a Huntington Beach Personal Injury Attorney?
After an injury, a personal injury lawyer can assist with every aspect of your legal claim.
Specifically, an attorney can:
- Investigate the accident: We can gather accident reports, photographs, surveillance footage, medical records, witness information, and other evidence to establish what happened and who is responsible.
- Calculate your losses: We can evaluate your medical expenses, lost wages, property damage, and other losses to determine the value of your claim.
- Negotiate a settlement: We can negotiate with the defendant’s insurance company and attempt to negotiate a settlement that reflects the true value of your claim.
- Represent you in court: If settlement negotiations are unsuccessful, we can prepare your case for litigation and fight for you before a judge or jury.
What Types of Damages Can You Recover?
The types of compensation available in a personal injury case depend on the circumstances of the injury and the losses you suffered as a result. You can pursue both economic and non-economic damages, such as:
- Medical bills: You can seek damages for emergency treatment, surgery, medication, physical therapy, and other reasonable medical costs.
- Future medical expenses: You can pursue damages for reasonably anticipated medical treatment related to your injury.
- Lost income: You may recover compensation for income you lost due to the accident.
- Lost earning capacity: If your injuries affect your future career prospects, you can pursue compensation for that reduced earning capacity.
- Property damage: You may be able to recoup the cost of repairing or replacing personal property damaged in the accident, such as a vehicle, bicycle, or other belongings.
- Pain and suffering: You can pursue non-economic damages for the physical pain and discomfort caused by your injuries.
- Emotional distress: Compensation may be available for emotional suffering associated with the accident and your injuries.
- Loss of enjoyment of life: If your injuries interfere with hobbies, activities, relationships, and other aspects of everyday life, you may receive additional compensation.
- Disfigurement: If you suffer permanent scarring, burns, amputation, or other significant changes to your appearance, you can pursue additional damages.
- Punitive damages: In some cases involving particularly egregious conduct from the defendant, punitive damages may be available.
A Huntington Beach personal injury attorney can calculate your damages and help make sure they are all included in your claim.
What Is the Deadline to File a Personal Injury Lawsuit in California?
Under CCP § 335.1, you typically have two years from the date of an injury to bring a personal injury lawsuit against the at-fault party in California. However, if your claim involves government agencies, injured minors, delayed injuries, or other extenuating circumstances, a different filing deadline may apply.
If you don’t file a claim before the applicable deadline passes, you will be barred from pursuing a claim in court. Our Huntington Beach personal injury lawyers can help keep this from happening.
How Do You Prove Negligence?
To win a personal injury case, you typically must prove the following legal elements:
- Duty of care: The other party had a legal responsibility to act reasonably under the circumstances.
- Breach of duty: The other party failed to meet that responsibility through negligent or wrongful conduct.
- Causation: The other party’s conduct caused or substantially contributed to your injuries.
- Damages: You suffered actual losses, such as medical expenses, lost wages, pain and suffering, or other compensable damages.
A Huntington Beach personal injury accident lawyer can help gather evidence such as medical records, accident reports, photographs, and witness testimony to prove the defendant’s negligence.
How Does Comparative Fault Affect My Personal Injury Claim?
California enforces a pure comparative negligence rule, meaning you can recover financial compensation for an accident even if you are partially at fault for it. However, if you share fault, your compensation will be reduced by your percentage of responsibility.
For example, if a jury determines that you were 30% responsible for an accident, and you suffered $100,000 in damages, your award would be reduced to $70,000. If you are assigned 100% of the blame for your injury, you will be barred from pursuing damages.
Insurance companies may argue that you contributed to an accident in an attempt to reduce the amount they have to pay you. A personal injury lawyer serving Huntington Beach can help counter these allegations with evidence.
Common Types of Personal Injury Cases
Personal injury law covers a wide range of accidents and injuries. You may have a personal injury claim if you were hurt in a:
- Car accident
- Motorcycle accident
- Truck accident
- Bicycle accident
- Pedestrian accident
- Rideshare accident
- Slip-and-fall accident
- Dog attack
Steps to Take After an Injury in Huntington Beach
The steps you take after an accident can affect both your recovery and your ability to build a strong legal claim.
When possible, you should:
- Get medical attention: Seek medical care, even if your injuries initially seem minor. Some injuries get worse over time.
- Report the incident: Depending on the circumstances, you should report the accident to the police, a property owner or manager, or your employer.
- Document the accident scene: Take photographs or videos of the accident scene, your injuries, and anything else that may help explain what happened.
- Collect information: Exchange contact information with witnesses and the other parties involved.
- Keep your records: Save medical bills, receipts, wage information, treatment records, and correspondence related to the accident.
- Avoid discussing fault: Any statements you make to people at the accident scene or insurance adjusters can potentially be used against you later.
- Speak to a lawyer: A personal injury attorney serving Huntington Beach can review your situation and determine whether you have grounds to sue for personal injury.
Get Help from a Personal Injury Lawyer Serving Huntington Beach
Personal injury cases are rarely straightforward. If you need to file a claim, a Huntington Beach personal injury accident attorney from Sweet James can guide you through the process, handle communication with insurers, and fight for the compensation you need to move forward.
Schedule a free case review to find out more about your legal options.
