Experienced Personal Injury Lawyers in San Diego, CA
Have you recently suffered a physical injury, contracted an illness, or experienced significant economic losses due to the willful irresponsibility or recklessness of another party? If so, you can have grounds for a personal injury claim under California law. This is usually the best way to secure compensation for your losses after another party injures you in any way, but navigating the process on your own is very difficult.
The legal team at Kenneth M. Sigelman & Associates can provide the peace of mind and guidance you need when facing any type of personal injury situation. We understand how difficult it can be to manage household responsibilities, a job, a family, and everything else while you’re in pain and recovering from injuries that shouldn’t have happened in the first place. As a personal injury attorney in San Diego, attorney Siegelman and his team have the experience to help you recover as much as possible from your claim.
Why choose Kenneth M. Sigelman & Associates?
A personal injury claim often includes serious bodily injury and complex medical problems. One of the best allies to have if you are facing a personal injury claim is an experienced attorney who understands the medical field. Not only does attorney Kenneth M. Siegelman have over 20 years of experience handling challenging civil litigations as an attorney, but he also holds a master’s degree in medicine and has years of hands-on experience in the medical field.
Our team will ensure that your case is pursued as smoothly as possible and that all of your legal concerns are addressed on your behalf so that you can focus your energy on recovery. We exhaust every avenue for compensation in every case we represent to ensure as complete a refund as possible for each of our clients.
When you choose Kenneth M. Sigelman as your personal injury attorney in San Diego, you will have access to decades of experience in the legal and medical fields. Few other lawyers can match this breadth of professional knowledge. You can count on our legal team to handle your proceedings, keep you updated on your case, and answer any questions you may have along the way. We strive to provide compassionate and reliable legal advice to each and every one of our personal injured clients.
What to Expect from a Personal Injury Claim in San Diego
The basic legal concept at the center of every personal injury claim in the United States is negligence. This term describes a party’s failure to exercise reasonable care in a particular case. “Reasonable care” may seem like an ambiguous term, but it means the realistic level of action that a reasonable adult would take in a specific scenario. In almost any given situation, the adult has a duty of care to act in a certain way and prevent harm to others. For example, drivers have a legal duty to take care of driving safely and complying with traffic lights.
When one person violates this duty of care and harms another person, that breached duty of care forms the basis for the victim’s claim for personal injury. The success of this civil action will depend on the plaintiff and their attorneys, proving that the defendant named in their complaint owed the plaintiff a duty of care but failed to act with reasonable caution in the particular situation. The plaintiff’s legal team must then show the court the full extent of the plaintiff’s damages and provide evidence that the damages incurred were caused by the defendant’s negligence and not some other cause.
It is not uncommon for a personal injury claimant to feel hopeless soon after his injury. A serious physical injury can be incredibly painful and require a long recovery time, during which time the victim may not be able to work and maintain their home. Soon, injuries and loss of income can easily lead to unpaid bills, collection notices, and significant financial concerns for the victim and her family. Don’t make the mistake of accepting a potentially low-key settlement offer out of desperation. Contact a San Diego personal injury attorney for a more comprehensive review of your options for legal asylum and recovery.
Possibility to recover from your personal injury claim
The goal of any personal injury claim is to compensate the plaintiff’s losses as fully as possible. If you or a loved one recently experienced a personal injury due to negligence on the part of a third party in the San Diego area, speak with our company. It’s natural to wonder what damages you may be able to claim in your own legal action. Ultimately, any losses resulting from the defendant’s negligent behavior will likely form part of your compensation if you are successful in your personal injury claim. Some of these damages may include:
- Your immediate medical expenses resulting from the defendant’s negligence, such as hospital bills and emergency room fees.
- Long-term medical costs you incur as a result of your injury. For example, if you suffered a serious injury that will require a year or more of physical rehabilitation to fully heal, you can claim the costs of all your treatment sessions during your recovery.
- Lost wages. If a personal injury prevented you from working while you recovered, you can claim the income you lost during this time in your personal injury lawsuit.
- Lost earning potential. If a defendant’s negligence caused a permanent injury of any kind that interferes with your ability to continue working, you have options. Your San Diego personal injury lawyer can help you claim compensation for the income you would have likely earned in the future had the defendant not injured you.
- Property damages. Any time a defendant’s negligence damages your personal property, you have the right to claim the cost of replacing or repairing that property in your personal injury claim.
- Pain and suffering. This may seem difficult to calculate, and every court uses different formulas to determine appropriate amounts of this type of personal injury compensation. It may form the bulk of your recovery from a successful personal injury claim. This compensation exists to repay a personal injury victim’s physical pain and psychological suffering resulting from a defendant’s negligence.
It is also possible that a successful personal injury lawsuit in San Diego could result in punitive damages to the plaintiff. While the plaintiff and his legal team may not have the ability to seek direct punitive damages, California judges award punitive damages at their discretion. They usually base the amounts they award on the defendant’s total wealth and the seriousness of their behaviour. California law does not limit the amount of disciplinary damages a claimant may receive for personal injury.
Personal injury claimants should be aware of the possibility of a personal injury claim becoming a wrongful death claim. A wrongful death claim functionally replaces a personal injury claim when the victim does not survive their injuries. If another party hurt a loved one through negligence and the victim dies, your family will be able to file a wrongful death claim instead of the personal injury claim the victim would have filed had they survived.
Pure comparative neglect in California
It is not uncommon for an injured plaintiff to have concerns that he is partially responsible for the damages he has suffered. Many events that cause personal injury, such as car accidents, happen very quickly. It can be difficult for an injured victim to remember exactly what happened during a traumatic event. When a defendant is faced with liability for alleged negligence, the first automatic response is to try to immediately shift blame to another party, even the victim.
The state of California supports a pure comparative negligence law that ensures that a claimant’s partial liability for damages claimed does not eliminate his or her ability to recover damages for losses caused by another person. However, a plaintiff who is found partially liable for damages claimed in California will lose a percentage of his case judgment equal to the percentage of error in the case. Many states follow modified comparative negligence laws that only allow a plaintiff to claim partial compensation if less than 50% are at fault for an alleged event; Anything more than that disqualifies the plaintiff from claiming compensation. California has no such limit.
If you have concerns about potential partial liability for the damages you claim, a San Diego personal injury attorney can help you. We will build the strongest possible case to minimize the potential liability you may incur from your legal action.
Earn your personal injury claim
Personal injury claims arise from many different situations, including motor vehicle accidents, slip and fall accidents, faulty product accidents, medical provider negligence, and a host of other potential causes. The first step to winning a personal injury claim is to positively identify the defendant or defendants in your claim. This may require research by a San Diego personal injury attorney, or the identity of the defendant in your claim may be immediately apparent.
Once you and your attorney know the subject or subjects of your civil lawsuit, you can proceed with drafting and filing the complaint. This document is formal legal notice to the defendants in your claim that you are taking legal action against them. The complaint should outline the extent of the damages suffered by the plaintiff, a brief explanation of why the plaintiff considers the defendant liable, and the terms of the plaintiff’s settlement.
The plaintiff and San Diego personal injury attorneys must file their complaint with the court, which then formally submits the complaint documents to the defendant, providing them with the opportunity to respond. The situation then goes one of two ways: either the defendant agrees to meet with the plaintiff and discuss the settlement under the supervision of legal counsel, or the defendant denies responsibility and demands a trial.
Personal injury settlement and litigation
The vast majority of personal injury claims filed in the United States are settled out of court. This is due to the simple fact that settlement is faster, more efficient and affordable for all involved. During settlement negotiations, the parties involved in a personal injury claim discuss liability and compensation. The defendant may partly bear liability or contest the extent of the damages claimed by the plaintiff, and settlement negotiations are an opportunity to discuss these discrepancies. Ultimately, the settlement helps the injured plaintiff secure a faster recovery and allows the defendant to put the legal issue to rest as quickly as possible.
Unfortunately, compromise is not always possible. The defendant may refuse to negotiate and claim litigation, or the defendant may agree to liability but disagree with the plaintiff’s proposed offer of settlement. If negotiations are fruitless, or the plaintiff’s attorneys believe that litigation is the best way to ensure the plaintiff’s full recovery, we will continue to pursue your claim. Litigation is the next stage for resolving a personal injury issue.
When litigation begins, the parties involved in the case must make statements, examine and cross-examine witnesses, conduct research and fact-finding procedures, and ensure that discovery rules are followed. Court proceedings in personal injury lawsuits are likely to last for weeks, months, or even years depending on the extent of the plaintiff’s damages, the nature and number of defendants in the lawsuit, and the overall complexity of the issues mentioned in the lawsuit.
How to Find the Right Personal Injury Lawyer in San Diego
Now that you have an idea of what to expect from a personal injury claim in California, it is important to consider whether you are prepared to speak with a personal injury attorney in San Diego about your situation. Finding the right attorney can be challenging, especially if you or a loved one has suffered catastrophic injuries with huge financial losses. Experience, compassion, and responsiveness are paramount in a personal injury attorney in San Diego. The Kenneth M. Sigelman & Associates team is ready to provide the legal advice you need.
Our goal is to help you handle your personal injury claim with confidence. We have the resources and experience to provide comprehensive legal advice on any personal injury claim and can help you understand your legal options with greater clarity. Contact Kenneth M. Sigelman & Associates today to schedule a free case evaluation from your trusted personal injury attorney in San Diego.
If you are injured and experience lost medical bills, salaries, and/or property damage due to someone else’s negligence, you are entitled to compensation for your injuries and losses. Personal Injury Law seeks to assist victims of neglect by helping them obtain justice for their injuries as well as compensation for unexpected bills incurred through no fault of their own.
Types of personal injury law
There are several types of lawsuits that are subject to personal injury law. The only common thread is that they each include someone who suffers injuries and/or losses due to someone else’s negligence or recklessness. Some of the most common types of personal injury lawsuits include the following types of lawsuits.
- Car accidents
- Trucking accidents
- Pedestrian accidents
- Bicycle accidents
- Motorcycle accidents
- Medical malpractice
- Birth injuries
- Slip and fall accidents (premises liability)
- Product liability
- Dog bites
- Construction accidents
- Wrongful death
Building a Strong Personal Injury Case
In order for you to have a strong personal injury case, a victim must prove the following four elements:
- A person had a duty of care to others to act in a responsible manner.
- The person breached that duty of care by behaving in a negligent, careless or reckless manner.
- The victim suffered injuries as a direct result of this breach of duty of care.
- The victim suffered actual physical, psychological or financial damages.
Deadline to File a Claim
If you are a victim of any type of personal injury in the State of California, you only have two years from the date of the accident to file a claim to receive compensation for your injuries and losses. While this may seem like a long period of time, many personal injury cases take a substantial amount of time to build to ensure that a victim receives the compensation they deserve.
Contact an Experienced Personal Injury Lawyer
If you were a victim of someone’s negligence that resulted in a personal injury, you have the legal right to compensation for those injuries and other losses. Ken Sigelman, J.D., M.D., is a doctor who is licensed to practice law in California and Florida, and before the U.S. Supreme Court. For more than 20 years, Ken has had an exceptional record of verdicts, settlements and arbitration awards. If you suffered injuries related to someone else’s negligence, contact our experienced personal injury attorneys at 866-971-8956 or online today for a free consultation.