If you have suffered an injury because of someone else’s negligent behavior, you may be drowning in medical bills and other expenses and unsure of how to look out for your interests. Or you may be already considering pursuing a personal injury claim. If you have been injured by someone else’s reckless or negligent behavior, it may be time to contact a San Bernardino personal injury lawyer with Moody Law.
At Moody Law, we understand that you are experiencing one of the most stressful and vulnerable periods of your life. Our firm endeavors to provide individualized and compassionate care so that you can recover the maximum compensation available. We will work with you to
Types of Personal Injury Cases
Personal injury is a large area of law. This can include any kind of situation where someone else’s negligence causes injury in some way that you would not otherwise sustain. Some of the most common types of personal injury cases we handle involve:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Traumatic brain injuries
- Dog bite injuries
- Wrongful death
The United States sees 63,000,000 injuries due to preventable accidents each year. The National Safety Council reports that California shows a population death rate (per 100,000 people) of 8 and 12.9 for falls and vehicle accidents, respectively. In many of these cases, these fatalities could be prevented with the appropriate precautions or preventative measures. When you decide to retain a San Bernardino personal injury attorney you are not only taking action to protect your rights, but you are also holding the other parties accountable. This is true whether it is a negligent doctor, a dangerously manufactured product, or an irresponsible dog owner.
Personal Injury Criteria
The foundation of any personal injury case is to establish a few things. According to the California court self-help guide, you must establish a cause of action, which is typically the reason you are suing. So, say you are in a car accident. You were hit by someone who ran a stop sign, which totaled your car and caused injuries, leaving you unable to work for a period of time. Your cause of action would be the other driver’s negligence when driving.
Beyond this, you must show that the other person’s actions caused injury to you, and without them, you would not have been injured. If you have the evidence to satisfy these criteria, you may have a viable personal injury case that will allow you to recover compensation for your injuries. To win a personal injury case, the burden of proof is a preponderance of evidence. This means that you must offer more proof of the other party’s guilt than they have of your guilt. However, you may still be able to negotiate a settlement out of court, which does not require a legal threshold of evidence.
Comparative Negligence
In California, the state recognizes pure comparative negligence laws. Pure comparative negligence means that you can recover compensation that is reduced by your liability. Some states have a cap of 50%, where you can only receive compensation if your liability is less than 50%. However, California will allow you to receive compensation even if you are 99% responsible. For example, if the damages awarded are equal to $100,000, but you are 25% responsible for the accident, your compensation will be reduced by 25%, resulting in an award of $75,000.
How Can a Personal Injury Attorney Help Your Personal Injury Case in San Bernardino?
If you are involved in a personal injury case, it is usually because someone else’s behavior has caused significant injuries. After an accident, the physical recovery alone can be an exceptionally taxing journey. Adding the administrative and legal tasks necessary to secure even the bare minimum compensation can leave you feeling overwhelmed. When you retain a personal injury attorney, you are adding someone to your team responsible for many of those tasks. Some of the many benefits an attorney from a personal injury law firm may provide are:
- Handling communication with other parties
- Court filings
- Investigation
- Legal strategy
- Negotiations
- Trying your case
- Education
In addition to what your attorney can do on your behalf, they may educate you on how to minimize your liability on the case. This may relate to how you present yourself for meetings, what you post on social media (if at all), and how you talk about your case. They may be able to provide you with contact information for providers who specialize in your specific types of injuries for evaluation and treatment. Hiring a local San Bernardino injury lawyer also means they are more likely to be familiar with the local lay of the land and specific relevant details that long-distance attorneys may not know to look for, such as an intersection that has an abnormally high accident rate where there may be other factors at play that can affect your liability.
When to Contact a San Bernardino Personal Injury Lawyer
If you have been in an accident and suffered injuries because of someone else’s negligence, it can be helpful to contact an attorney. While you may be successful in recovering some of your losses, you may not be able to recover a fair settlement in negotiations. Most injury firms provide free consultations where you can discuss the details of your situation to determine the best path forward. When you work with an experienced attorney, you have someone familiar with the common insurance tactics to reduce the overall settlement offer and know how to present your case and gain a favorable outcome strategically.
Strengthening Your Personal Injury Case
Most personal injury cases do not end up going to court. This is mainly because introducing a judge and jury can mean an unexpected or unpredictable outcome. Insurance companies prefer to keep the situation predictable by finding an agreement outside of court. While the legal standard of proof is not as important here, you want to ensure you have strong evidence to support your request for damages. You may be able to take action to do this in many ways.
Call 911
Calling 911 may not be appropriate for every personal injury case, but in the event of something like a dog bite or vehicle collision, it may be encouraged or required. The California DMV reports that you are required to call 911 for any vehicle collision. When police are called to the scene, they can take statements and fill out a report that may later be used as evidence.
Take Photos
Photographs can be crucial pieces of evidence in any injury case. Your injury attorney may be able to use any photos or videos taken from the scene or of your injuries to support your case. This evidence may include dashcam or phone footage from bystanders. Additionally, it may be beneficial to keep a photo or video diary of your injuries as they heal.
Seek Medical Evaluation
Seeking medical evaluation immediately serves a couple of functions. The first is to ensure that everyone is safe and that any potentially life-threatening injuries are identified right away. Additionally, being evaluated by a physician may also reveal soft tissue injuries that may be exacerbated if left unidentified. From a different perspective, failing to seek medical attention right away, even if you have pressing injuries, may provide the insurance companies or opposing parties with the ammunition they need to instill doubt in the severity of your injuries.
Exchange Information
Exchanging information with the other parties involved, as well as any witnesses, is a crucial part of ensuring you have an avenue for follow-up. While a police report, if you have one, will likely provide some of this information, it is always a good idea to personally have it available. Collecting this information at the scene can save precious time if you need to contact any witnesses or know where to reach the other involved parties.
Reducing Liability
While building a strong case is the primary goal, your injury attorney cannot do this effectively without also minimizing risk and liability. For this reason, they may advise you to refrain from engaging in certain behaviors. An example of this may be speaking to the insurance company or other opposing parties. Though they should not contact you once they are aware that you have representation, you may be advised to keep conversation with them to a minimum and direct any questions or concerns to your attorney. Additionally, you may be advised to minimize your social media presence. The more information you have online, the more chances the opposing parties will use it against you.
Common Injuries in Personal Injury Cases
It may be assumed that if you are seeking support from a personal injury attorney, you have sustained some kind of severe injury. Some of the injuries we work with at Moody Law are:
- Broken bones
- Traumatic Brain Injury
- Internal Bleeding
- Facial lacerations and scarring
- Road Rash
- Limb amputation
- Wrongful death
This is not an exhaustive list of physical injuries that may be addressed in a personal injury case. We also commonly see symptoms of trauma from the accident, including depression, anxiety, or post-traumatic stress disorder (PTSD), which can manifest after an event that is perceived as life-threatening.
Recovering from injuries like this can be a process that takes months or years to return to normal. For some, recovery may mean hospital stays or surgeries, while others can recover at home with outpatient therapies. In some cases, you may never return to your functioning level before the accident.
Damages in Personal Injury Cases
Damages in a personal injury case essentially refer to your costs or losses. There is no standard formula for calculating damages, but an injury attorney from a reputable personal injury firm will work with you to determine the value of your damages. According to the Sacramento County Public Law Library, damages are broken into three primary groups.
Special Damages
Special damages may also be called economic damages. These are typically reimbursements for costs incurred from the injury. This includes the costs of repair to your vehicle or bicycle. It also includes replacing damaged personal items like phones, clothing, or protective gear like helmets or car seats. Additionally, it can cover lost wages due to the injury, including wages from time missed from the injury and loss of future wages in some cases.
Medical Damages
In California, you are entitled to reimbursement for medical costs. This type of damage is typically straightforward and can be calculated by looking at medical bills and invoices. This can include medications and rehabilitative or mental health therapies related to the injury.
General Damages
General damages may also be called non-economic damages. These are less tangible damages that may be more nuanced to calculate. These damages are meant to include things like pain and suffering and compensate for the experience of the injury and inconvenience of the situation. The amount requested in damages is typically the amount of medical damages by some kind of multiplier between 1.5 and 5. The multiplier used will depend on the severity of your injuries. An injury that results in $5000 in medical costs is likely less distressing or impactful than an injury that results in $50,000 in injuries. You should always speak with your attorney to determine what is appropriate for your situation.
Call Our Personal Injury Lawyers in San Bernardino Today
If you have been injured because of someone else’s negligence or reckless behavior, you deserve to have an advocate helping you recover your due compensation. You are already paying the price for their behavior in pain and inconvenience. You should not have to pay the price financially as well. At Moody Law, we will treat your case with the dedication and compassion that it deserves, allowing you to take time to focus on your physical and emotional recovery.
If you are unsure if you need an attorney or have already decided that you do, contact us today for a free case consultation. We can discuss your case and inform you of the legal options and services that we offer.