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Lawyers for Injury Victims in Oceanside
A personal injury is a type of injury that happens to a person’s mind, body, or emotions. It can be mild or serious in nature. It can be something as small as a cut or bruise or something as serious as a traumatic brain injury.
When we think of the term personal injury, we often think of it in terms of a lawsuit. Many personal injuries are caused by another person’s neglectful or intentional activities. When these types of injuries occur, you can go after the at-fault party in a court of law.
Building a personal injury lawsuit is not easy to do, but an Oceanside personal injury lawyer can help you gather the evidence you need to get a strong case together. Sargent Law Firm serves Oceanside, California with many years of expertise in representing the injured and their families. Find out how we can help you win your personal injury case.
What are Common Types of Personal Injuries?
We see personal injuries in Oceanside can vary between minor to serious. Here are some common types of personal injuries that may lead to a lawsuit:
- Concussions
- Traumatic brain injuries
- Spinal cord injuries
- Burns
- Amputations
- Broken bones
- Organ damage
- Emotional damage
What are Common Causes of Personal Injury in Oceanside?
A personal injury can occur for any number of reasons. Here are some common causes:
- Car accidents and other types of road accidents
- Product defects
- Slip and fall
- Premises accidents
- Dog bites
- Nursing home accidents
- Wrongful death
How an Oceanside Personal Injury Attorney Investigates a Case
The lawyers at the Sargent Law Firm can help you build strong Oceanside personal injury case so you can get the settlement you deserve.
We start by gathering the evidence you need to establish guilt. This includes everything from medical reports to police reports, to pictures taken at the scene of the accident, and more.
We will also help you gather witness testimonies from those present at the scene and expert witnesses. We have long term relationships with expert witnesses that can testify regarding the extent of your mental and physical injuries. They can also provide information on the financial toll of an accident. Expert witnesses can be used in settlement negotiations and in court.
In addition to helping you gather evidence, your Oceanside personal injury lawyer assist with the following tasks:
- Informing you of your rights
- Drafting legal documents
- Handling settlement negotiations
- Representing you at a trial
As our client, we do all that we can to alleviate the stress of an already overwhelming time for you and your family.
Do I Have a Strong Personal Injury Claim?
Before filing a personal injury lawsuit, it’s important to talk to an Oceanside personal injury attorney to establish whether you have a strong case. Here are some elements of negligence that will need to be proven to determine if you have grounds for a claim from another party:
- The defendant had a duty of care to the victim: For example, drivers on the road have a duty of care to obey traffic rules to keep themselves and others safe.
- The duty of care was breached: If another driver disobeys traffic rules, they will have breached that duty of care.
- The negligent behavior caused the injury: You will need to establish that the defendant’s behavior (in this scenario, the unsafe driving) was a direct cause of the injury.
- The injury led to losses: You will need to show that your injury resulted in emotional and physical losses.
How to Calculate a Settlement for a Personal Injury Claim
After a personal injury occurs, the burning question on many people’s minds is, how much can I get for my settlement? Unfortunately, there is no clear answer to that question.
Victims are commonly compensated for one or more of the following damages:
- Loss of wages
- Loss of earning potential
- Loss of consortium
- Medical expenses (current and future)
- Emotional and psychological damage
- Wrongful death
To come up with exactly how much you may be owed, an attorney will need to consult with vocational counselors, medical experts, and other professionals. This input will help calculate the value of these losses so your Oceanside personal injury lawyer come up with a reasonable compensation amount.
If the personal injury results in a wrongful death, additional damages may be considered such as funeral and burial expenses, emotional pain and suffering on the part of the deceased’s family, compensation for the loss of services the deceased provided to the family, and more.
Punitive damages are another consideration, and they may be awarded if the person’s behavior in causing the accident was excessively inappropriate. They are put in place to discourage the person from exhibiting similar behavior in the future.
How Does Fault Affect a Personal Injury Settlement Amount?
California is a comparative negligence state. This means that fault plays a role in settlement payouts.
If an accident occurred and it’s determined the victim was partially at fault, their compensation may be reduced by the amount to which they are at fault. For example, if total damages for the accident were $100,000 and the victim is found 50% at fault for the accident, they will only be eligible to collect $50,000.
This varies from states that are non-comparative fault. In non-comparative fault states, you can only collect damages if you were 50% or less at fault for the accident. In Oceanside, even if you were 99% at fault, you can still collect damages for that 1%.
Let Our Oceanside Personal Injury Law Firm Assist with Your Claim
If you incurred a personal injury due to someone else’s negligent behavior, you deserve to know whether you can receive compensation. Trust Sargent Injury Law Firm to ensure you are covered for your damages.
We will help negotiate a settlement on your behalf or fight relentlessly in court to make sure you get the coverage you deserve.
If someone else’s careless or intentional actions negatively affected your qualify of life, don’t let them get away with it. The Sargent Law Firm will help you get the closure you need. Contact us to find out how we will bring justice to your claim.