Ventura, CA Injury Lawyer
When you’re driving, strolling, shopping, dining out, or running errands around Ventura, CA, you’re probably not thinking about the safety threats all around you. However, there may come a time when hazards and negligent acts affect you personally through an injury-causing or fatal accident. If such an incident occurs, your first thoughts will be the physical pain and getting proper medical care. It won’t be long before you realize that your losses extend much deeper to impact multiple aspects of your life.
The good news is that California law provides you with options to recover for your extensive losses, and our attorneys at Fisher & Talwar can assist. We represent clients in a wide range of personal injury accidents, helping them get their lives back after an accident. Please contact our office to set up a no-cost case assessment with a Ventura, CA injury lawyer who can advise and counsel you through this difficult time. You can also read on for some background information on accident cases, the claims process, and your rights as a victim.
Common Accidents and Personal Injury Cases:
When you think about what you do on a daily basis, you can appreciate how you are continually exposed to serious risks of accidents. Some of the most common incidents that lead to injuries include:
- Car Crashes: Many personal injury claims are based upon motor vehicle accidents between and among automobiles, 18 wheelers, other commercial trucks, and motorcycles. A driver may violate traffic laws or engage in other careless acts, putting all other motorists and vehicle occupants at risk.
- Other Traffic Incidents: Even when you’re not in a motorized vehicle, you could be involved in a traffic-related accident. When riding a bike or walking, you’re sharing the road with other motorists. The same negligence behind auto crashes may also lead to pedestrian and bicycle accidents.
- Slip, Trip, and Fall Accidents: California property owners have a duty to ensure that the premises is safe; this obligation extends to parties who manage, operate, or are otherwise in control of the space. If these individuals and entities fail to comply with their duty, they may be held accountable by victims who are injured as a result.
- Dog Bites and Attacks: Unlike other jurisdictions that require you to show that a dog had vicious tendencies from previous aggression, California law allows you to recover any time you’re attacked on public property – or when lawfully present on private property.
- Dangerous, Defective Products: Manufacturers must ensure that their products are safe when they’re released into the stream of commerce. If they distribute items that are dangerous due to a flaw in the design process, manufacturing, or labeling, you can pursue these companies under the theory of product liability.
- Wrongful Death: If you lost a loved one in an accident or through one of the scenarios mentioned above, you also have rights as a surviving family member. California personal injury laws allow family members to seek compensation through a wrongful death claim when someone is killed because of negligence. Many of the same concepts apply, but the difference is that the victim passed away instead of merely being injured.
Liability for Personal Injury Accidents:
After reviewing these accident situations, you can see they share a common element: Most are caused by negligence, a term that has a very specific meaning in the practice of law. To recover monetary damages, there are several key facts you must prove in a case based upon negligent acts. You need to show that the responsible person or entity breached the legal duty to act with reasonable care and that this brea.ch was the direct cause of the accident in which you were injured. The exception is product liability cases, where you don’t need to show fault to recover compensation.
Another factor that many personal injury actions share is that your first step to obtaining monetary damages is usually filing an insurance claim. Whether it’s a policy for auto, home, business, property, or other coverage, you’ll need to complete the proper forms and submit supporting documentation to prove your claim. Despite your efforts, you could still face challenges in the process. Insurance adjusters are trained to support the company’s interests – not yours. In such a situation, you’ll need to file a lawsuit in court.
Compensation for Your Losses:
In any personal injury matter, monetary damages focus on the losses you sustain because of being hurt. While compensation cannot turn back time, the funds are intended to put you in the same relative position you’d be in if the accident never happened. Therefore, in a successful claim, you may be able to recover:
- The costs of medical care;
- Lost income for the time you’re out of work;
- Lost future earning capacity, if your injuries prevent you from working in your chosen occupation;
- Pain and suffering;
- Emotional distress;
- Losses that affect your personal relationships;
- Decreased quality of life; and,
- Many other forms of compensation.
California Laws That May Impact Your Claim:
Even when you can meet the legal requirements of proof in a personal injury case, there are still additional considerations that could affect your rights. For one, you need to be aware of California’s statute of limitations. Under this strict law, you have two years to file a lawsuit in court against the party responsible for causing your injuries. If you allow the statute of limitations to expire, your case will be dismissed and you cannot recover monetary damages.
A second concern is California’s law on comparative negligence, which holds you accountable for your own careless acts in an accident. Your compensation may be reduced by the amount of fault attributable to you.
Contact a Ventura, CA Injury Attorney Today
If you were hurt or lost a loved one because of someone else’s negligence, time is of the essence to take action. The most important thing you can do to protect your rights is to retain a knowledgeable lawyer, so please contact Fisher & Talwar today at 213.805.7706 or via our website. We can schedule a free consultation to review your circumstances and explain your legal remedies, putting you in the best position to make important decisions about your future.