Oxnard, CA Injury Lawyer
If you’ve been hurt in an accident that wasn’t your fault, you’re probably already experiencing the adverse implications associated with your injuries. Even beyond the physical pain, there are financial and emotional effects that impact your entire household. Plus, there are the losses you can’t assign a dollar value, but you most certainly suffer. You might get some sense of relief knowing that California law protects your interests by providing you with legal options to recover compensation. However, it’s difficult to take action at a time when you’re still healing from your injuries.
At Fisher & Talwar, our attorneys are prepared to shoulder the legal burdens involved with the personal injury claims process. We’re experienced in dealing with insurance companies, and we’re equally prepared to take the matter to court as necessary to get the compensation you deserve. Please contact our firm to schedule a free consultation with an Oxnard, CA injury lawyer who can explain your legal remedies. Some background information may also be helpful.
Common Types of Personal Injury Claims:
You may not realize that threats to your safety are all around until you have a look at the types of accidents that form the basis of personal injury cases. Some of the most common incidents that can cause serious bodily harm include:
- Auto Collisions: Many personal injury claims stem from motor vehicle accidents, such as incidents involving passenger cars, semis, other commercial vehicles, and motorcycles. Crashes typically happen because a driver was careless in not complying with traffic laws. Speeding, failure to yield, and improper lane changes are examples. Motorists may even be reckless by drunk or drugged driving or using a cell phone while behind the wheel.
- Other Traffic-Related Accidents: You could be at risk of harm even when you’re not in a motor vehicle since you’re sharing the road when walking or riding a bike. Pedestrian and bicycle accidents can cause severe, catastrophic injuries because of the size and weight difference as compared to an auto.
- Slip and Fall Incidents: Owners, operators, and those in control of property have a duty to keep the premises safe for those who enter upon it. When they fail in this legal obligation, these individuals or entities can be held accountable under the theory of premises liability.
- Dog Bites: California has a dog bite law that holds owners liable for the injuries caused by their pets if the victim was in a public place or lawfully present in a private space. It’s not necessary to show that the dog has expressed vicious tendencies in the past.
- Defective Products: Manufacturers are responsible for making sure their products are safe for the end-users, but they may fail in this duty. When an item is unsafe due to a manufacturing or design defect, or because of improper labeling, a victim can suffer serious harm.
Negligence in Injury-Causing Accidents:
Regardless of the specific type of personal injury claim, these cases usually proceed according to the laws of negligence. To recover compensation for your losses, you must prove that the responsible party didn’t exercise reasonable care when acting, and this failure was the direct cause of your injuries. The exception is claims based upon defective products, which are usually based upon strict liability. You don’t need to show fault in such cases.
Often, your first step in pursuing monetary damages for your losses is filing a claim with an insurance company. Motorists, homeowners, businesses, and property owners carry insurance policies to protect their interests in an accident. However, even when you complete all the necessary forms and provide supporting documentation, you could still face challenges in dealing with an insurance company. An adjuster may:
- Deny your claim on the grounds that you were at fault; or,
- Make a low-ball counteroffer that doesn’t adequately compensate you for your losses.
Under such circumstances, you may need to file a lawsuit in court. Litigation is extremely complex, incorporating numerous statutes, case precedent, and court rules. For this reason, it’s critical to retain an experienced attorney to advocate on your behalf.
Monetary Damages in Injury Cases:
Whether you’re negotiating a settlement with an insurer or seeking compensation in court, the basis of your compensation is the same: Monetary damages are intended to put you in the same position as if the accident never happened. You may be able to recover:
- Costs of medical treatment, including surgery, emergency care, hospitalization, treatment from specialists, pain medications, and many others;
- Lost wages, if you’re unable to work because of your injuries;
- Lost future earning capacity, if you can’t return to your chosen occupation because of permanent disability;
- Pain and suffering;
- Scarring and disfigurement;
- Emotional and psychological harm;
- Losses based upon how your injuries affect the quality of life and relationships with others; and,
- Many more, depending on your situation.
Limitations Under California Law:
In any personal injury case, you need to be aware of California’s statute of limitations. This law allows you just two years to file a lawsuit in court, or you’re forever barred from recovering damages. The time period starts the date of your injury-causing accident, and it continues as you’re filing a claim and negotiating with an insurance company.
In addition, California has a legal rule called comparative negligence in personal injury cases. If you were at fault in any way, your amount of monetary damages may be decreased by the percentage of your own fault. A related topic applies in dog bite and premises liability claims, in which you may not be able to recover any damages if you were trespassing when injured.
Consult with an Attorney after a Personal Injury in Oxnard
To learn more about your legal options as the victim of a personal injury accident, please contact Fisher & Talwar to set up a no-cost case assessment with one of our experienced lawyers. You can reach our office by calling 213.805.7706 or completing our online consultation request form. We’ll be in a better position to advise you on your remedies once we review the specifics of your case.