Disclaimer: *Steve and Rich Barnes have obtained millions in recoveries for their clients and have supervised over $2.5 Billion Dollars in settlements.
If you or a loved one have been injured in an accident, our team of San Diego personal injury lawyers at The Barnes Firm can help. Our team of experienced personal injury lawyers have been helping residents of the Greater San Diego area for decades and will work hard to get you the best result possible. No matter the severity of your injuries after an accident, our team of San Diego personal injury lawyers will help you get the compensation you deserve. Call The Barnes Firm today at (800) 800-0000 to find out what your case is worth – it could be the best call you make.
Personal injury law is an important and complex branch of civil law that is based on negligence and legal damages – or losses. If you have been injured by someone else’s negligence, you can seek compensation for your physical, financial, and emotional losses through a personal injury claim, and reaching out for the legal guidance of an experienced San Diego personal injury lawyer is one of the most important early steps you can take.
The focused personal injury attorneys at The Barnes Firm have an impressive decades-long history of successfully advocating for their clients’ rights and for their just compensation. Reaching a fair settlement or verdict will play a key role in your ability to fully recover, and our reputation backs up our unwavering commitment to help you do just that.
Over the years, our efforts have paid off in the form of accolades and accomplishments that include recognition from all the following:
If you’ve been injured as a result of another person or entity’s negligence, don’t wait to give us a call and learn more about what we can do to help.
If you have an experienced San Diego personal injury attorney on your side, you can expect to settle your claim for a fair amount that covers your complete losses in their entirety. This includes establishing your prognosis and the medical costs you’ve already experienced and are likely to experience in the future.
There is also the matter of how your earnings have been affected, and if you’re facing ongoing losses, the amount of your claim will need to reflect this fact. Finally, there is the matter of the pain and suffering you’ve endured and the effect it has on your life. If the accident in question was quite serious, this category of loss can be difficult to overstate.
The compassionate San Diego personal injury lawyers at The Barnes Firm dedicate their imposing practice to helping accident victims like you regain their health and well-being via just settlements that cover their complete losses and support their fullest recoveries. Our seasoned legal team is on your side and here to help, so please don’t put off contacting us online or calling us at (800) 800-0000 today for more information about what we can do to help you today.
In order to prove your personal injury case in San Diego, you’ll need to establish each of the necessary elements through the introduction of evidence. To begin, you’ll need to prove the other party’s fault in the matter, which tends to focus on evidence like the following:
Additionally, you’ll need to demonstrate the extent of the losses you’ve experienced, which generally hinges on evidence like the following:
You’ll look to your skilled personal injury lawyer to ably compile the evidence necessary to prove your personal injury case.
If you want to bring your strongest claim in pursuit of fair compensation that supports your health and well-being, you do need a practiced San Diego personal injury attorney in your corner. Your attorney will play a significant role in your case, which includes not only crafting a strong claim that the insurance company has a difficult time refuting but also skillfully negotiating a just claim resolution with them.
Proving negligence in your personal injury claim will come down to evidence. While the matter of negligence is very clear in some claims, it is far less so in others. If the involved insurance company thinks it can nudge the needle on who is at fault in your claim, it will do so. In other words, the best way to definitively establish the other party’s negligence is by securing legal counsel early in the process.
The compensation you can seek for a personal injury in San Diego will be based entirely on your losses, but clearly defining your full range of losses – including those that have future implications – is challenging. Your attorney will gather the evidence necessary to establish your complete physical, financial, and emotional losses in a manner that helps to clearly establish the facts.
The losses you experience in the aftermath of an accident can be difficult to tally from the outset. Your healthcare needs may be ongoing, and if your earning potential is affected, it can have lifelong effects. This is one of the many reasons that having a distinguished San Diego injury attorney on your side from the start is always recommended.
Your attorney has the skill and legal insight to effectively negotiate a settlement that covers your complete losses and knows when to file a lawsuit if it becomes necessary to do so. The bottom line is that your chances of receiving just compensation that takes your actual losses into account are significantly higher when you work closely with an accomplished San Diego personal injury attorney.
At The Barnes Firm, our knowledgeable personal injury lawyers are well-prepared to capably handle your claim from beginning to end. This starts with gathering the evidence needed to craft a strong claim and fiercely advocating for a settlement that addresses your losses in their entirety.
Because every case is unique, we take an individualized approach with every case we take on, and we take great pride in our ability to deliver positive results. Because your case is important to your future, it’s also important to us, and we’ll leave no stone unturned in pursuit of an advantageous outcome.
Throughout the State of California, you have only two years to file a lawsuit against the at-fault party in a personal injury claim. This is called the statute of limitations, and every state has its own take on the matter. Once two years from the date of the injury-causing accident pass, you’ll generally have no legal options left if you haven’t already filed a personal injury claim. This is another important reason why reaching out for professional legal counsel sooner rather than later is always to your advantage.
You should note that wrongful death claims in which you lose a loved one to someone else’s negligence employ the same two-year statute of limitations, which begins to toll on the date of your relative’s death – rather than on the date of the accident that ultimately proved fatal – if they’re different. Further, the statute of limitations for medical malpractice in California is three years from the date you were injured – or one year from the date the injury was detected – whichever comes later.
Your damages in your personal injury case will be calculated according to your losses, which break down into three basic categories.
You’ll have medical bills associated with the injuries you sustain, and the more serious they are, the steeper these costs to be. If your injuries require ongoing care, develop complications, or include secondary health concerns, you can expect your medical costs to be higher still. Carefully addressing this element of loss is an important aspect of your claim and recovery.
If your injuries keep you off the job, you’ll likely experience lost income. If your ability to do your job or to advance your career is affected, your earning potential can take a hit, which means more serious financial setbacks.
Pain and suffering refers to the physical and emotional pain you suffer as a result of being injured by someone else’s negligence, and it’s all too real. This form of loss can intensify the effects of your financial losses and should not be overlooked in your personal injury claim.
The Barnes Firm is here to help you. Our personal injury firm helps individuals and their families who
have suffered an injury in an accident.
The best means of determining if you have a valid personal injury claim is by consulting with a seasoned personal injury attorney. It can help, however, to understand the elements that must be present in order to bring a successful personal injury claim.
To begin, the person or entity that you cite as being responsible for your losses in the accident at hand must have had a responsibility for your safety in the first place. The law calls this owing you a duty of care. For example, drivers owe one another a significant duty of care, and commercial property owners must take their guests’ safety on their premises into consideration.
The at-fault party must have neglected their responsibility to your safety, which is referred to as breaching the duty of care owed to you. This is where negligence enters the scene, and common examples in car accidents include all the following:
If the other party failed to take the reasonable care necessary to help ensure your safety, this element is met.
While many people exhibit negligence from time to time, it does not always lead to injury-causing accidents. If the other person’s negligence was the direct cause of the accident at the heart of your claim, this element is fulfilled. For example, if a drunk driver plows directly into the back of your car while you are stopped at a red light, the direct correlation between their negligence and the accident is easy to identify.
The last piece in the puzzle is that you suffered legal damages as a result of the other party’s negligence. Legal damages refer to your losses that are covered by the law, and they are what your compensation is based on. The more significant your losses, the higher your just compensation.
An important point to keep in mind regarding the insurance company is that they are driven by profits, which means they’ll do whatever they can to lower your settlement. Common techniques include:
Leaving the insurance company to your knowledgeable personal injury lawyer is always the best approach.
The insurance company is interested in keeping your settlement as low as possible, and they are not above playing on your vulnerability as an accident victim in the process.
Although your personal injury claim will be utterly unique to you and the circumstances involved, there are some universal dos and don’ts when it comes to your interaction with the insurance company handling your claim, including:
The fact is that bringing a successful personal injury claim that adequately addresses your complete losses is legally challenging, and you’re far more likely to obtain compensation that supports your most complete recovery with a formidable personal injury attorney on your side. Your attorney will take on a range of important matters that will guide the outcome of your case, including:
The sooner you reach out for professional legal counsel, the better protected your rights will be.
There are many different kinds of personal injury claims that are commonly heard in San Diego, but most fall into one of several basic practice areas.
At The Barnes Firm, we successfully represent claimants who’ve been injured in traffic accidents of nearly every kind, including:
Traffic accidents are a very common form of personal injury claim.
Premises liability claims relate to negligence on the part of commercial property owners, and they include slip and fall accidents as well as dog bites. Other common forms of premises liability claims include:
Product liability claims relate to faulty commercial products, which can include dangerous drugs. These claims are generally classified as being faulty in one of the following ways:
Additional categories of common personal injury claims include the following:
Further, claims that are also based on negligence and are very similar to personal injury claims include wrongful death claims, medical malpractice claims, and nursing home neglect and abuse claims.
Personal injury laws revolve around the concept of negligence. To establish a valid claim, you must prove the presence of four critical elements: duty of care, breach of duty, causation, and losses incurred.
It’s also important to note that you don’t need to attribute 100 percent of the blame to the other party to pursue a successful personal injury claim. California employs the doctrine of pure comparative negligence. This means that even if you share some fault, you can still file a claim for the percentage of responsibility assigned to the other party.
For example, if you are found to bear 20 percent of the responsibility for the accident resulting in your injury, you can seek compensation for the remaining 80 percent of your losses in a personal injury claim. If your claim is valued at $100,000, your compensation will be adjusted accordingly, resulting in $80,000 in total compensation.
Personal service is a key element to our legal service. We keep our clients informed of the progress of their case along the entire way.
Our team is experienced and dedicated to bring our clients results. We lead your case to a successful resolution for you and your loved ones.
Our law firm has the resources we need to find and hire the best experts in the nation. These experts are here to help you with legal counsel.
Our priority is to lead your case to a successful resolution. That is our focus. You won’t pay any fees until we win your case. Results over fees.
Most people have never needed a lawyer when they find themselves injured and in need of legal advice. We hear the following questions from many of our clients. We hope the answers help clarify your options and considerations.
Personal injury lawyers in California charge on a contingency fee basis, which means that they only get paid if you do. Typically, they take a pre-arranged percentage of any settlement or award you receive.
In order to file a personal injury lawsuit in California, you file a complaint against the at-fault party in the appropriate court. Importantly, however, most personal injury claims are resolved by reaching a settlement with the at-fault party’s insurance company.
In California, a personal injury is any injury caused by the negligence of another person. Common examples of personal injury cases include motor vehicle accidents, slip and fall accidents, pedestrian accidents, and bicycle accidents.
Typically, personal injury settlements that compensate you for losses like medical bills, lost income, and pain and suffering are not taxable. That said, if a court awards you punitive damages, those will be taxable.
Personal injury lawsuits can take anywhere from a few months to several years to conclude. Some of the factors that can have an impact on how long your case will take include the strength of the evidence in your favor, the complexity of your case, and the damages you are seeking.
Under California law, if you have been hurt in an accident caused by someone else’s negligence, you can typically recover compensation for your physical and emotional pain and suffering.
California’s Civil Code 3040 places a limit on the monetary restitution that health insurance companies can reclaim from your settlement. The sum they’re entitled to recoup is determined either by the actual expenses of the medical services they covered or a specific proportion of the settlement sum, depending on a range of factors. The lesser of the two is the amount they can recover.
You should bring as much documentation as you can to your initial compensation. Some examples of documentation you should bring to your consultation include your medical expenses, the police report about your accident, any incident reports that might exist, and pictures of your injuries or damage to your property.
If you have suffered injuries in an accident, there are certain steps you should take to protect your rights. Some of the most important of these steps include the following:
Under California law, if someone else’s negligence caused your injuries, they are likely liable for your injuries. In addition, if an employee caused your injuries within the scope of their duties, their employer is likely liable for your injuries.
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