When you've been injured because someone else was careless, California law gives you the right to seek payment for your injuries and losses. But knowing that you have rights and actually getting fair compensation for your injuries are two totally separate issues.
That’s where we come in. As San Diego personal injury lawyers, we know that facing legal deadlines and insurance companies is the last thing you want to do while recovering. Our job is to take these burdens off your shoulders so you can focus on healing.
We believe in straightforward advice, which is why we offer free consultations to help you understand your options. If you have questions about what happened, call us. We can talk over the phone, meet at our San Diego office, or come to you.
Call Harris Personal Injury Lawyers today at (619) 864-7101.
Key Takeaways for Your San Diego Personal Injury Claim
- Deadlines are shorter than you think. California law generally gives you two years to file a lawsuit, but if a government entity is involved, you have only six months to file an initial claim. Missing these dates can mean losing your right to compensation forever.
- You don't need money upfront to hire a top-rated lawyer. We work on a contingency fee basis, which means we only get paid if we win your case. This removes the financial risk and aligns our success directly with yours.
- Evidence is the foundation of your claim. The strength of your case depends on collecting and preserving evidence like medical records, police reports, and witness statements. We manage this entire process to build the strongest argument possible for you.
Why Harris Personal Injury Lawyers Is the Right Choice for Your San Diego Case
Choosing a law firm is a big decision. You need a team with a record of success that also understands what you're going through. We are deeply rooted in the California communities we serve, and our San Diego office, located in the historic El Cortez building at 702 Ash Street, Suite 10, San Diego, CA 92101, is a testament to that commitment.
A Record of Success That Speaks for Itself
Results matter. They show a firm's dedication and its ability to handle challenging cases. Consider our history:
- Over $1.5 Billion Recovered: We have successfully represented more than 50,000 clients across California, securing the funds they needed to rebuild their lives.
- 99% Success Rate: We have a consistent history of achieving favorable outcomes. While past results don't guarantee future ones, this figure reflects our dedication to every person we represent.
- Contingency Fee Basis: You pay absolutely no upfront fees. We only get paid if we secure compensation for you. If you don't win, you owe us nothing.
How We Support San Diego Families
- Access to Premier Medical Care: We help connect you with medical professionals experienced in treating accident injuries. Sometimes, health insurance limits your options or a high deductible makes treatment unaffordable. We work to get you the care you need with little to no upfront cost.
- We Reduce Your Stress: After an accident, you're dealing with physical pain and emotional strain. The last thing you need is the work of managing insurance claims, medical bills, and police reports. We handle the paperwork, the phone calls, and the deadlines.
- The Resources to Take on Large Insurance Companies: Insurance companies are billion-dollar businesses. Our firm advances the costs of securing evidence, hiring medical and accident reconstruction experts, and covering other expenses. This levels the playing field.
- Leverage in Negotiations: Insurance companies don't just listen to words; they respond to the risk of a trial. We have successfully litigated thousands of cases and are always prepared to go to court if a fair offer isn't made. They know our history, which gives us leverage during negotiations.
How Is a Personal Injury Settlement Calculated in California?
The purpose of a personal injury claim is to provide compensation for the financial and personal losses the accident caused.
Compensation, known as damages, falls into three main categories. We build your case by carefully documenting your losses in each area to present a clear picture of how the injury has affected your life.
Economic Damages
These are the measurable financial losses you've suffered because of the accident. Think of them as anything with a clear price tag.
- Medical Bills: This covers everything from the ambulance ride and emergency room visit to ongoing physical therapy, future surgeries, and medications.
- Lost Wages: This is the income you've already lost from being unable to work.
- Loss of Future Earning Capacity: If permanent injuries affect your ability to earn a living, you can recover compensation for this loss.
- Property Damage: This usually refers to the cost of repairing or replacing your vehicle.
- Other Out-of-Pocket Expenses: This includes anything else you had to pay for, such as transportation to doctor's appointments or hiring help for household chores.
Non-Economic Damages
These losses are real, but they don't come with a receipt. They compensate you for the human cost of the injury.
- Pain and Suffering: This compensates for the physical pain your injuries have caused and what you may endure in the future.
- Emotional Distress: This can include conditions like anxiety, depression, or sleep loss resulting from the trauma of the accident.
- Loss of Enjoyment of Life: This provides payment for the inability to enjoy daily activities, hobbies, or pursuits you valued before the injury.
- Loss of Consortium: In some cases, an uninjured spouse may be compensated for the loss of their partner’s companionship and support.
What About Punitive Damages?
These are rare and serve a different purpose. They are not meant to compensate you for a loss. Instead, a court might award them to punish a wrongdoer for extreme recklessness or intentional harm, like in some cases involving drunk driving. Punitive damages are intended to send a clear message and deter similar behavior in the future.
How Can a Shared Fault Rule Affect My Claim?
California follows a "pure comparative negligence" rule. This legal concept means you can still recover damages even if you were partially at fault for the accident. Your total compensation is just reduced by your percentage of fault.
Insurance companies conduct investigations to find any evidence to argue you were at fault. Our role is to ensure no amount of blame is unfairly placed on you.
Understanding California's Deadlines: The Statute of Limitations
Time is not on your side after an injury. California law sets strict deadlines for filing a personal injury lawsuit, known as the statute of limitations. Missing this window means you may lose your right to seek compensation forever.
For most personal injury cases, the deadline is two years from the date of the injury. This applies to incidents like car accidents, dog bites, and slip and falls. However, there are exceptions.
The most important exception involves claims against any government body. This could be a city, a county, or a state agency. If you were injured by a city bus, tripped on a broken public sidewalk, or hurt in any incident involving a government employee on the job, you have only six months from the date of the injury to file a formal claim.
This claim isn’t a lawsuit, but rather, a notice asking for permission to file a lawsuit. If you fail to file this initial claim on time, you are usually barred from ever filing a lawsuit.
What Evidence Is Needed to Build a Strong Case?
A personal injury claim is only as strong as the evidence that supports it. While you focus on healing, our team gets to work gathering and preserving all the information needed to prove what happened and who is responsible.
This process involves several key types of evidence:
- Medical Records: These are the official documents that show the extent of your injuries, the treatment you received, and the costs incurred. They create a direct link between the accident and the harm you suffered.
- Police and Incident Reports: The official report filed by law enforcement provides an initial account of the incident, identifies the parties involved, and sometimes contains a preliminary finding of fault.
- Photos and Videos: Visual evidence from the accident scene, including vehicle damage, road conditions, and your injuries, can be incredibly persuasive. We also seek out any available surveillance footage from nearby cameras.
- Witness Statements: Independent accounts from people who saw what happened can confirm your version of events and counter any attempts by the other party to shift blame.
- Expert Testimony: For more complicated cases, we may work with accident reconstruction specialists, medical experts, or economists to explain technical details and calculate future losses.
What Kinds of Cases Do San Diego Personal Injury Lawyers Handle?
"Personal injury" law covers any situation where one person's careless actions cause harm to another. Our practice is focused entirely on helping people in these circumstances.
Some of the most common types of cases we handle include:
- Car Accidents: These are the most frequent type of claim, typically caused by distracted driving, speeding, or DUI.
- Truck Accidents: Collisions with large commercial trucks can be devastating and involve claims against the driver, the trucking company, or even a parts manufacturer.
- Motorcycle Accidents: Motorcyclists are uniquely vulnerable. We understand the biases riders sometimes face and work to ensure they are treated fairly.
- Bicycle and Pedestrian Accidents: We represent cyclists and pedestrians—the people most vulnerable on our roads—when they are struck by a vehicle.
- Slip and Fall Accidents: Property owners have a duty to keep their spaces reasonably safe. These cases involve injuries from unsafe conditions, like a wet floor or a broken sidewalk.
- Dog Bites: California law holds pet owners accountable when their animal attacks someone. We help victims recover compensation for their injuries.
- Wrongful Death: In the most tragic cases, we represent families who have lost a loved one due to someone else's negligence. We seek justice and financial stability on their behalf.
What to Expect When Dealing with Insurance Companies
Soon after an accident, you will likely get a call from the at-fault party's insurance adjuster. It is helpful to understand their role before you speak with them.
Understanding the Insurance Company’s Position
An insurance company is a business that must balance paying valid claims with making a profit for its shareholders. This business model creates a natural conflict of interest. Their goal is to resolve your claim for the lowest amount possible; your goal is to be compensated fully for all your losses.
Common Insurance Adjuster Tactics
Be aware of these common tactics:
- Requesting a Recorded Statement: You are not obligated to provide one. Adjusters may ask questions designed to get you to say something that could be used to undermine your claim later. It is best to politely decline until you have spoken with a lawyer.
- Making a Quick Settlement Offer: An insurer might offer a settlement early on, sometimes before the full extent of your injuries is known. Accepting it permanently closes your claim. If you later discover you need more medical treatment, you cannot seek further compensation.
- Delaying the Process: The claims process is long and filled with paperwork. As medical bills pile up, it's easy to get frustrated. This can lead people to accept a lower offer out of desperation, which works in the insurer's favor. Our team manages this entire process to prevent that from happening.
Steps You Should Take From Home to Protect Your Claim
While our legal team handles building your case, there are a few simple things you can do to help strengthen your claim.
- Follow Your Doctor’s Treatment Plan: Your health is the first priority. Following your doctor’s orders, like attending all appointments and participating in therapy, also creates a clear medical record of your injuries.
- Keep a Simple Journal: Note how you feel each day. Document your pain levels, any challenges you face with daily tasks, and the appointments you attend. This personal record can be valuable for showing your pain and suffering.
- Hold Onto All Receipts: Keep every receipt for prescriptions, co-pays, and any other expense related to your injury. These documents help us prove your economic damages.
- Stay Off Social Media: Do not post anything about the accident, your injuries, or your activities. Insurance companies will review your social media, looking for anything they can use to argue your injuries are not as severe as you claim.
Frequently Asked Questions About San Diego Personal Injury Claims
How long does a personal injury claim take to resolve?
The duration of a personal injury claim varies greatly depending on the complexity of the case, the severity of injuries, and whether a settlement is reached or the case proceeds to trial. Some cases resolve relatively quickly through negotiation, while others require more extensive investigation and litigation.
What if I cannot afford medical treatment after my accident?
We help connect you with medical professionals experienced in treating accident injuries, often with little to no upfront cost. We understand that health insurance limits options or high deductibles make treatment unaffordable. We work to ensure you receive the necessary care without immediate financial burden.
Will I have to go to court for my personal injury claim?
Many personal injury claims settle before going to court through negotiations with insurance companies. However, we prepare every case as if it will go to trial. If the at-fault party will not agree to a fair settlement, we prepare to litigate to secure the compensation you deserve.
What is the difference between economic and non-economic damages?
- Economic damages cover measurable financial losses such as medical bills, lost wages, and property damage.
- Non-economic damages compensate for non-monetary losses like pain and suffering, emotional distress, and loss of enjoyment of life.
Can I still file a claim if I was partially at fault for the accident?
Yes, California follows a pure comparative negligence rule. This means you can still recover damages even if you were partially at fault. Your total compensation will decrease by your percentage of fault. We work to ensure no unfair blame is placed on you.
You Don't Have to Do This Alone
The thought of a legal battle can seem intimidating, but that's our job, not yours. Your focus should be on your health and your family.
Taking the first step to understand your rights is the best way to regain a sense of control. Let us handle the insurance adjusters and the legal deadlines.
We invite you to call Harris Personal Injury Lawyers for a free, no-obligation consultation to talk about your situation. We're here to provide clear, honest advice about your path forward. Contact us 24/7 at (619) 864-7101.