Barstow Personal Injury Lawyer
Nobody expects to suffer a personal injury when driving in a car shopping in a retail store or eating in a restaurant. Yet personal injuries happen more frequently than you might think, and both adults and children alike get hurt. Many types of accidents and other incidents in which personal injury occur happen because of somebody else’s negligence. Depending upon the situation, negligence can take many different forms. In a motor vehicle collision, negligence can involve driving in a manner that a reasonable person would not consider being safe or prudent under the circumstances. In the case of a slip and fall accident or another type of premises liability injury, the property owner may have failed to maintain the premises in a reasonably safe manner or to warn people on the property about hazards that could lead to an injury.
If you got hurt because of another party’s negligence or wrongdoing, you should speak with a Barstow personal injury lawyer to find out more about seeking financial compensation for your losses.
Understanding Personal Injury Law in Barstow
What is personal injury law, and when can a person file a personal injury claim? Personal injury law includes many different types of cases, including motor vehicle and other accident cases, premises liability law, and product liability law. Depending upon how and why the injury occurred, the injury victim may file a lawsuit based on a theory of negligence or strict liability. In negligence claims, it is necessary to prove that the defendant breached a duty of care by behaving negligently. With a strict liability case, there is no need to prove that the defendant was negligent.
Personal injury lawsuits are civil lawsuits, which means these cases do not involve allegations of criminal conduct or criminal consequences. Instead, a plaintiff who files a personal injury lawsuit can seek financial compensation, or damages, from the defendant.
Personal injury claims are filed by the person who is injured. When a person sustains fatal injuries in an accident, it may be possible for a surviving family member to file a wrongful death lawsuit, which is related to a personal injury claim. A Barstow personal injury attorney at our firm can assist plaintiffs with personal injury lawsuits and wrongful death claims in Southern California.
Learning More About Unintentional Accidents and Injuries in Barstow
How often do personal injuries occur, and what are the leading causes of serious and deadly injuries? The following facts and figures come from Johns Hopkins Medicine, the National Safety Council (NSC), and the U.S. Centers for Disease Control and Prevention (CDC):
- Accidental injuries are cited as the fifth leading cause of death across age groups in the United States, and on average, a person in the U.S. suffers an accidental injury every second;
- Unintentional injuries are the leading cause of death for Americans under the age of 35;
- Every three minutes on average in the U.S., a person suffers a deadly injury in an avoidable event such as a car accident, a fall, a drowning, poisoning, or a drug overdose;
- About 800,000 people are hospitalized every year for fall-related injuries;
- Leading causes of accidental injuries vary by age group, with accidental drownings and suffocations affecting very young children most often, motor vehicle collisions begin the leading cause of injury for teenagers and younger adults, with falls as the leading cause of injury among older adults;
- Suffocation is the leading cause of death among infants; and
- Across age groups, on average, a total of 90 people are killed every day in motor vehicle collisions.
Cases Our Personal Injury Lawyers in Barstow Handle
Our personal injury attorneys in Barstow represent clients in many different types of personal injury cases, such as:
- Motor vehicle collision claims;
- Premises liability lawsuits;
- Product liability claims; and
- Bodily injury cases.
Within each of these categories, we represent plaintiffs in many specific kinds of lawsuits, including car accidents and motorcycle accident cases, as well as bus accidents, train accidents, truck accidents, and bicycle accident cases. Within the area of premises liability, we routinely assist clients with pedestrian accident claims, slips and falls, elevator and escalator accidents, drownings and swimming pool accidents, and other related lawsuits. We also represent clients in defective drug and medical device lawsuits, and we regularly help clients who have suffered dog bite injuries, spinal cord injuries, burns, fractures, and traumatic brain injuries (TBIs).
How Much Time Do I Have to File a Barstow Personal Injury Claim?
California law gives most personal injury plaintiffs two years to file a lawsuit, but it is critical to seek help from a lawyer as soon as possible to ensure that the clock does not run out on your claim.
Common Damages in a Personal Injury Lawsuit in Barstow
In California, most personal injury plaintiffs can seek compensatory damages, which are designed to provide a plaintiff with compensation for their losses. Compensatory damages fall into two different categories:
- Economic or pecuniary damages, which provide compensation for objective monetary losses like hospital bills, lost wages, or property damage; and
- Non-economic or non-pecuniary damages provide compensation for subjective losses such as pain and suffering that do not have an objective dollar figure.
In some situations where a defendant’s behavior is so reckless or egregious, it may be possible for a plaintiff to seek punitive damages. Generally speaking, punitive damages are not common in personal injury lawsuits, but they can be awarded in certain circumstances. This type of damages award is designed to punish the defendant for wrongdoing and to deter future behavior of a similar nature.
Seek Advice from Our Barstow Personal Injury Attorneys
Accidents and injuries in Southern California can be devastating. Not only can a serious injury result in significant medical bills and physical pain, but a serious injury can also prevent you from returning to work for an extended period, resulting in additional lost wages. You deserve to seek financial compensation for your injuries when another party is responsible. An experienced personal injury attorney in Barstow can speak with you today to learn more about your case and to provide you with information about filing a claim for financial compensation. Contact Fisher & Talwar to learn more about how our firm can assist you.