Being injured in a sudden accident is a stressful and frightening experience not only for the victim but also for his or her family. You might be dealing with serious pain, emotional trauma, and financial turmoil due to medical bills and lost income. Our Ventura personal injury lawyers understand what you’re going through, and we’re here to help you pursue the compensation you need to get your life back. Whether you were hurt in a vehicle collision, slip and fall, dog attack, or another accident, you can count on our highly experienced legal team to provide effective representation. To schedule a free consultation, call us today at 1-800-GO-HARRIS.
Types of Accident Claims We Handle in Ventura, California
- Motorcycle Accidents
- Tour, Public, and Other Bus Accidents
- Commercial Truck Accidents
- Bike Accidents
- Rideshare Vehicle Accidents
- Boating Injuries
- Train Wrecks
- Slip and Falls
- Premises Liability
- Car Accidents
- Dog and Other Animal Attacks
- Airplane, Helicopter, and Other Aircraft Accidents
- Scooter Injuries
- Turo Accidents
- Pedestrian Injuries
- Traumatic Brain Injuries (TBIs)
- Severe Burn Injuries
- Spinal Cord Injuries (SCIs)
- Wrongful Death
- Other Personal Injuries
Do I Have Grounds for a Personal Injury Claim?
If you’re like most people, you’ve never had to file a personal injury claim before, so you might not know the elements that must exist for such a claim to be successful. The truth is that every case is unique, but no matter the circumstances, you won’t be able to secure a financial award unless you can prove liability, causation, and damages. “Liability” means being legally responsible for something. In personal injury law, a party can be held liable for damages caused by that party’s negligence or intentional wrongdoing. In some cases, a finding of fault is not necessary to impose liability. This is called “strict liability,” and in the state of California, it applies to some dog bite and product liability cases. There are many kinds of evidence your Ventura personal injury lawyer might use to prove liability. Ultimately, the most valuable evidence will depend on the facts surrounding your accident—what caused it, where it happened, who was liable, etc. Common evidence used to prove liability in these cases includes police reports, incident reports, photos of the accident scene, eyewitness and expert witness testimony, and surveillance footage. Proving the next element, “causation,” requires your attorney to demonstrate how your damages occurred. If, for example, you were injured due to another person’s negligence, your lawyer must prove how that negligence caused your damages. Important evidence may include medical records, photos of injuries, video recordings, and expert witness testimony. The final element of a successful personal injury claim is proving “damages.” Your attorney must be able to demonstrate the types of economic and non-economic damages you’ve incurred, and present evidence to justify the amount of compensation you’re pursuing for those damages. Compensatory damages in a personal injury case might include healthcare costs, lost income, lost earning capacity, property damage, pain and suffering, and emotional distress. If the defendant’s misconduct was especially egregious, punitive damages may also be warranted. Evidence of damages might include medical documentation, expert witness testimony, financial documentation, estimates from contractors, and your personal injury journal.
What Factors Might Influence the Settlement Calculations?
There’s no one-size-fits-all formula for calculating personal injury settlements. There are, however, some widely accepted approaches to calculating certain types of damages. Your Ventura personal injury attorney can apply those formulas and perform a thorough investigation to make sure the settlement accounts for all potentially recoverable losses. Factors that could influence the settlement calculations include:
- The Cost of Medical Care: If your injuries are permanent and you’ll require ongoing medical care, your settlement calculation would likely be higher than it would be if your injuries were minor and temporary.
- The Value of Lost Income: Any wages you lost during recovery can be included in your claim. As such, a claimant’s pre-injury income can have a major impact on the settlement calculations.
- The Severity of Your Injury: A serious injury not only could lead to higher medical costs, but it may also warrant a substantial award for pain and suffering.
- Your Percentage of Fault: If your own negligence contributed to your damages, your financial award may be reduced by your own percentage of fault.
- Miscellaneous Costs: If you had to modify your vehicle or home, invest in child care, or use alternative transportation due to your injuries, these costs can be added to the settlement calculations.
Call 1-800-GO-HARRIS for a Free Consultation with Our Ventura Personal Injury Attorneys
Our attorneys provide aggressive representation to people who have suffered injuries or the wrongful death of a loved one in Ventura or surrounding communities. We don’t charge anything for the initial consultation, and we accept personal injury cases on a contingency fee basis. Dial 1-800-GO-HARRIS or send us a message online to set up a consultation.