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If you or someone you love was hurt in an accident due to another person’s negligence or carelessness, you are entitled to seek damages to cover your losses according to California law. Whether your injury was caused by a car accident, a slip and fall, or a dog bite, having a personal injury attorney on your side can help you navigate the claims process.
Building a personal injury case can be complex, but an Oceanside personal injury lawyer from Sargent Law Firm Injury Lawyers can help. We will gather evidence, determine liability, and build a solid case against the negligent party so you can take the time you need to heal from your injuries. Reach out to us at (844) SARGENT to learn more.
An Oceanside Personal Injury Lawyer Can Benefit Your Case
We encourage you to consult a lawyer who focuses on handling personal injury cases. Our team will guide you through the complex legal process and protect your rights against those trying to exploit you during this vulnerable time.
Because insurance companies are profit-driven, the liable party’s insurer will likely make a lowball settlement offer hoping you will accept it so your case goes away. You may be tempted to accept their first offer so you can pay your bills, but doing so prevents you from seeking future compensation.
We will review and evaluate every settlement offer to determine if it is fair. Of course, you will have the final say.
If you hire us to handle your legal case, you can expect us to:
- Determine liability and discover the facts of your case by investigating the accident and how it led to your injuries.
- Search for and collect evidence to support your claim, including police reports, expert opinions, witness statements, medical records, video footage, and photographs.
- Calculate the value of your claim and send a demand letter to the insurance provider briefly detailing your injuries, your financial losses, and how much compensation will adequately cover them.
- Negotiate with the liable party and their insurer on your behalf to reach a fair settlement.
- Review the terms of any settlement agreement with you before you sign it so you understand that you won’t be able to seek additional damages if you accept the offer.
- If necessary, file a lawsuit and represent you in court to present your case to a jury. Most personal injury cases settle out of court.
In addition, we will provide regular updates on the status of your case and respond to your communications through email, phone, and text. When you hire our firm, you become part of our family, and we will treat you that way.
Your case is important to us. We want to help you secure your future and regain a sense of normalcy in your life while holding the negligent party accountable. Our team will fight for you so you can focus on spending time with your family and recovering.
If you’ve been injured or a loved one has been killed through an act of negligence, you need the highest level of legal representation.
Call Us Now
Cost of Hiring an Oceanside Personal Injury Attorney From Our Firm
Our law firm strongly believes that your financial status should not determine if you have access to legal representation. The other party and their insurer will have lawyers, so having your own lawyer can even the playing field. You’ll have an advocate looking out for your best interests.
We understand that you may have concerns about the cost of hiring a personal injury lawyer to handle your case and represent you. You already have financial losses, which is why you are trying to recover compensation. Our firm works on a contingency-fee basis, so you don’t pay us until we win or settle your case. This means:
- We will never ask you to pay any upfront fees
- You can avoid paying legal costs out of pocket
- Our team receives an agreed-upon percentage of your compensation as payment
Your lawyer will explain how payment works in more detail so you know what to expect after the resolution of your case. We also offer free consultations to evaluate your case and answer your questions.
Your Personal Injury Lawyer in Oceanside Can Recover Damages for You
A personal injury can negatively impact you for the rest of your life, putting your future at risk. You could be in constant pain, requiring physical therapy and medication, which can lead to staggering medical bills. You may be unable to work because of your injuries and can’t pay your medical bills, adding to your stress.
Many accident victims also suffer emotional and mental injuries. You may have nightmares or a newfound fear of driving that causes you to be withdrawn and reclusive. The costs associated with your physical and mental injuries are recoverable.
A personal injury lawyer from our firm can pursue the following types of economic damages on your behalf:
- Medical expenses: Your medical bills could include hospitalization, emergency care, surgery, medical equipment, medical devices, prescription medication, long-term treatment, physical therapy, diagnostic tests, laboratory work, and doctor’s visits. Compensation could also cover future medical bills.
- Lost income and reduced earning capacity: Being temporarily or permanently unable to work because of your injuries could be catastrophic. Compensation can cover your lost income and reduced earning capacity, including earnings from bonuses and promotions. It can also cover vacation, sick days, and pension benefits.
- Household services: Compensation can cover expenses you incur from hiring help to perform household services such as yard work and cleaning. Your injuries may prevent you from doing this work yourself.
- Property damage: From repairs to your vehicle to replacing a broken cell phone, if the accident results in property damage, compensation can cover the expenses.
Compensation for Your Non-Economic Damages
Your lawyer can also recover non-economic damages that are more difficult to calculate, including:
- Pain and suffering
- Mental anguish
- Emotional distress
- Scarring and disfigurement
- Lost quality of life
- Disability
- Loss of enjoyment of life
A personal injury lawyer from our firm will calculate the cost of the economic and non-economic damages that apply to your case. You can count on our team to demand the compensation you deserve. We have won hundreds of thousands of dollars of compensation for personal injury victims like you.
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Factors That Affect Compensation In An Oceanside Personal Injury Claim
One of the first questions many injury victims have about potentially filing a personal injury claim in Oceanside is how much the case will be worth? The answer to that question is it depends on the specific details of your accident and injury and any percentage of liability that you share.
The most critical factor that can impact a claim is the severity and permanence of the injuries. Cases with catastrophic injuries like brain damage, spinal cord injuries, or permanent disability generally command higher settlements or awards. The impact on your quality of life, ability to work, and future earning capacity are also considered.
The strength of your evidence and the clarity of liability in the accident can also affect a claim’s value, with cases involving disputed liability possibly resulting in lower settlements. Coverage limitations can also affect the value of a claim. With so many factors affecting your settlement or award’s value, it’s a good idea to consult with an Oceanside personal injury attorney.
Wrongful Death Damages Are Recoverable After Fatal Accidents in Oceanside
If you lost someone you love in an accident, you may be able to file a wrongful death claim. If this is the case, our law firm offers you and your family our sincerest condolences and support during this painful time. We want to handle your case so you can focus on grieving.
Wrongful death damages you and your family may benefit from include:
- Loss of the decedent’s financial support
- Funeral and burial expenses
- Loss of household services the decedent provided
- Loss of love, companionship, comfort, and protection
- Loss of guidance
When you hire our firm, we can explain how to file a wrongful death case and which family members are eligible for compensation.
Negligence and Its Role in Determining Liability in Oceanside Personal Injury Cases
Negligence is a failure to exercise a duty of care to the victim. To recover compensation, you must prove that the other party caused your accident and injuries. We can work to prove that the liable party’s negligence is the reason you were injured.
Our team can satisfy the following four elements of negligence:
- Duty of care: The at-fault party was responsible for keeping you safe.
- Breach of duty: They failed to maintain their duty of care by demonstrating negligence.
- Causation: Their breach of duty of care was the cause of your accident.
- Damages: You suffered damages because of the at-fault party’s negligence.
We must investigate the accident and gather evidence of the liable party’s negligence. We encourage you to consult our personal injury lawyer as soon as possible after suffering an injury so you have representation and we can begin building your case.
Shared Fault In Personal Injury Claims In Oceanside, CA Explained
Imagine an accident in Oceanside in which one driver was driving above the speed limit but the other driver was driving under the influence. Even if the drunk driver held the bulk of the responsibility in the wreck, the driver who exceeded the speed limit may also be found to share some responsibility. In this case, how would compensation be determined?
In Oceanside, if you share liability in an accident, the legal concept of comparative negligence comes into play. Comparative negligence means that each party’s fault is proportionally allocated, and it affects the amount of compensation you can recover. Here’s what you can expect if you share fault in a claim in California:
- Reduction of compensation: Your compensation will be reduced by the percentage of fault attributed to you. For example, if you are found to be 30% at fault and your total damages are $100,000, you will only be able to recover $70,000.
- Shared responsibility for damages: Each party is responsible for paying damages proportional to their percentage of fault. If the other party is uninsured or underinsured, you may need to rely on your own insurance to cover your share of the damages.
- Possibility of being sued: If the other party suffers damages and believes you are partially at fault, they may file a lawsuit against you to recover their losses.
- Importance of evidence: Providing strong evidence to support your claim and minimize your percentage of fault is crucial. This may include photographs, witness statements, police reports, and medical records.
- Negotiation challenges: Sharing liability can complicate settlement negotiations, as both parties may argue to minimize their own fault and maximize the other party’s responsibility.
It’s important to consult with an experienced personal injury attorney in Oceanside who can help you navigate the complexities of shared liability cases in California. We can assist in gathering evidence, negotiating with insurance companies, and fighting for fair compensation on your behalf. Call (844) SARGENT or contact us online to learn how Sargent Law can help.
You Only Have A Limited Amount Of Time To File A Personal Injury Lawsuit In Oceanside
It’s normal to take some time after suffering a personal injury to weigh your options, especially if you are considering filing a personal injury lawsuit. But if you were involved in a truck accident, a motorcycle collision, or any other type of accident that was the result of negligence, there are time limits you will need to be aware of if you want to file a personal injury claim.
You have a limited amount of time to file a personal injury lawsuit in Oceanside. According to CCP § 335.1, you have two years from the date of your injury to file a personal injury lawsuit in California. The time to bring a claim against a government entity is even shorter and usually a claim must be brought within six months.
The court will dismiss your case if the statute of limitations runs out, and you will forfeit your right to recover compensation for your losses through the legal process. Our law firm will work to meet all deadlines in your case, so you won’t lose your right to seek the compensation you deserve.
Steps To Take After Suffering a Personal Injury In Oceanside
Being in an accident in which you sustain injuries can leave you confused and in shock. The last thing on your mind is preparing a legal case to recover compensation.
However, there are steps you can take in the aftermath of an accident that can go a long way toward protecting yourself and assisting your case. After the accident, you should:
- Seek safety: Your safety is a top priority. If you can, assess your injuries, remove yourself from the accident site, and find a safe space.
- Call the police: If you can call the police, do so. You can also have someone else call for you. The police can secure the scene and prepare a report on the chain of events leading to the accident.
- Medical attention: Seek medical attention immediately, even if you do not believe you have any injuries. Some injury symptoms can take time to manifest. Your doctor can treat and document your injuries and any treatments you receive. This documentation will serve as evidence in your case.
- Gather evidence: Take photographs of the scene where you were injured if you can. Request a copy of the police report. Collect contact information from witnesses. Any evidence you can gather could benefit your case.
- Consult a personal injury lawyer: We welcome you to consult with a lawyer from our firm as soon as possible after suffering a personal injury. Time is of the essence to build your case, and a lawyer will provide you with legal options and protect your rights.
You should always consider your well-being first after suffering a personal injury. Acting quickly can make a difference in your case.
If you’ve been injured or a loved one has been killed through an act of negligence, you need the highest level of legal representation.
Schedule a Free Consultation
Types Of Cases Our Personal Injury Lawyers In Oceanside Represent
Some common causes of personal injuries include car accidents, motorcycle accidents, slip and falls, dog bites, construction accidents, and nursing bicycle accidents. If you or someone you love suffered injuries due to another person’s negligence, a personal injury lawyer from our firm is ready to talk to you about your case.
Injuries you could suffer in an Oceanside personal injury case include:
- Neck injuries
- Back Injuries
- Lacerations
- Bruises
- Concussion and other traumatic brain injuries
- Broken bones
- Amputations
- Spinal cord injuries
- Knee and shoulder injuries
Our Oceanside personal injury attorneys are prepared to help you document your injuries and seek the financial recovery you need.
What Mistakes Should You Avoid During A Personal Injury Lawsuit?
When you are pursuing a personal injury lawsuit in Oceanside, there are several mistakes you should avoid to ensure the best possible outcome for your case. If you make any of the following mistakes during your claim, you could be damaging its value:
Failing to Seek Medical Treatment
Not seeking prompt medical attention or failing to follow through with recommended treatments can weaken your case and make it harder to prove the extent of your injuries. Even if you don’t think you are seriously injured, if your accident was caused by negligence, you need to create a medical record to begin documenting injuries that may become more serious in the days after your accident.
Admitting Fault
It may be your instinct to apologize after an accident, even if you don’t think you were at fault. But it’s important to avoid making any statements that may be used against you to claim you were liable for the accident. Avoid admitting any fault or apologizing for the incident, as this can be used against you by the opposing party. It’s a good idea to let your Oceanside personal injury lawyer do the talking when you’re dealing with insurance companies.
Providing Recorded Statements
The at-fault party’s insurance company may ask if it’s okay to record your conversation. Do not provide recorded statements to insurance companies without consulting your attorney, as these statements can be used to undermine your case. They may be choosing questions that will trick you into admitting fault.
Posting on Social Media
You may want to jump onto social media to update your friends and family about your accident or your case, but you should strongly resist this urge. Refrain from posting about your accident, injuries, or lawsuit on social media platforms, as such posts can be used as evidence to challenge your claims.
Accepting an Early Settlement
Insurance companies don’t make profits by paying out the full value of settlements. They may try to quickly offer you less than you deserve hoping you will sign-off on their settlement offer out of financial desperation. Avoid accepting an early settlement offer from an insurance company without consulting your attorney, as initial offers are often lower than what you may be entitled to.
Failing to Consider Future Damages
You may sign an early settlement offer because you believe it covers your medical costs, but not taking future costs into account can be a big mistake. Not accounting for future medical expenses, lost wages, and other long-term consequences of your injuries when negotiating a settlement can result in inadequate compensation.
By avoiding these mistakes and working closely with an experienced personal injury attorney, you can better protect your rights and increase your chances of obtaining fair compensation for your injuries.
Start Working With Our Personal Injury Lawyer in Oceanside Today
A personal injury can threaten your future financial security. As a result, your life may never be the same. Recovering compensation can protect the future for you and your family and help you regain a sense of normalcy. A personal injury lawyer in Oceanside will fight to get you the compensation you need to move on with your life after an accident.
Our firm will provide aggressive representation and fight vigorously for the compensation you deserve. To learn more about working with a personal injury lawyer from Sargent Law Firm Injury Lawyers in Oceanside, please do not hesitate to contact us today. Start with a free consultation by calling (844) SARGENT.
