When people are injured in accidents in Carlsbad, some are caused by the negligent or intentional conduct of other people or entities. People who are injured because of the negligent or intentional acts of others may file civil lawsuits in order to recover damages for their losses. It is important for people to contact an experienced Carlsbad personal injury attorney for help so that they can prove fault and recover the most compensation possible.
What does personal injury mean?
Personal injury is a legal term of art that describes a situation in which a person suffers injuries to his or her body, mind or emotions because of the negligent or intentional conduct of other people or entities. Personal injury cases are known as torts. The claims are filed under the civil law, which means that the plaintiffs will have the burden of proving their cases by a preponderance of the evidence. Civil claims may be filed simultaneously with any criminal proceedings that might be filed against the defendants. They may also be filed even if the defendants’ actions do not rise to the level of criminality of if the defendants are charged with crimes but are acquitted. Because of the lower burden of proof that is required for personal injury plaintiffs, they might be able to win their claims even if the defendants are acquitted of criminal charges arising out of the same incidents.
Frequency of personal injuries in Carlsbad
Traffic accidents account for a large number of personal injury claims in Carlsbad. According to the California Office of Traffic Safety, 664 people were injured or killed in traffic accidents in 2015 in Carlsbad. In addition to motor vehicle collisions, people in Carlsbad also suffer from any number of different types of personal injury cases every year.
Common types of Carlsbad personal injury cases
The most common types of personal injury cases include the following:
- Car accident
- Drunk driving accident
- Motorcycle accident
- Truck accident
- Bicycle accident
- Pedestrian accident
- Dog bite
- Defective products
- Medical malpractice
- Premises liability/slip-and-fall accidents
- Average settlements from personal injury cases
Because every personal injury case is unique, it is not possible for attorneys to give averages for expected settlements to potential clients. Each case must be valued according to its own facts and circumstances. These factors that impact the value of claims include the following:
- The extent and severity of your injuries
- When and if you will be expected to fully recover
- Your past and future expected medical expenses
- Your past and future expected income losses
- Any physical pain and suffering that you have suffered
- Emotional distress
- Scarring and disfigurement
- The egregiousness of the defendant’s actions
In order to determine the approximate value of your claim, your lawyer may use one or more formulas along with input from medical and other experts. You will then be presented with a range of values. Your settlement should fall somewhere within that range.
What to do when you have been injured by the negligent acts of others
If you are injured, you should first call the police for help. Try to photograph the scene where your accident happened so that you can document the circumstances that existed. You should also try to obtain the names and contact information of anyone who witnessed what happened and try to get the witnesses to stay and give their statements to the police. Seek medical attention even if you are not certain if you were injured. Some injuries, such as internal bleeding or whiplash, may not be immediately obvious but can be serious. After you get medical attention, schedule an appointment to talk to a personal injury lawyer and refrain from signing anything or giving any statements to insurance company representatives before you meet with your lawyer.
Why it is important to contact an experienced Carlsbad personal injury lawyer
Insurance companies are focused on minimizing their losses. One of the ways that they do this is by trying to reduce the amounts that they will be forced to pay out in personal injury claims. An experienced Carlsbad personal injury attorney is familiar with the different tactics that insurance companies use and may be better able to secure fair settlement offers for you. Contact our law firm today to learn more about your potential rights to recovery.