When it comes to finding an accident lawyer in San Marcos, the choice takes work. However, Broadway Law is a personal injury law firm in San Diego County that prioritizes its clients. We offer a unique blend of aggressive representation and compassionate human treatment. We focus on securing every dollar you rightfully deserve for your injuries, and we never settle for anything less than the best compensation for you.
Be sure to get the legal help you need. Call us at (888) 824-1025 for a free consultation. We’ll start working on your claim immediately, ensuring you get the legal support you need without delay.
Reasons to Hire an Accident Lawyer in San Marcos
Hiring an accident lawyer in San Marcos offers several advantages. These lawyers deeply understand state-specific laws and regulations, which helps navigate the complexities of personal injury cases. They possess expert negotiation skills to deal with insurance companies, ensuring fair compensation for medical expenses, property damage, and other losses.Â
An accident lawyer in San Marcos can accurately assess the value of claims and gather the necessary evidence to establish liability. Their litigation experience is crucial if a case goes to court. Hiring a lawyer reduces stress, as they handle all aspects of the case, allowing the victim to focus on recovery. Accident lawyers often work on a contingency fee basis, making their services accessible and ensuring they are motivated to maximize compensation.
Types of Accidents We Work With
- Car Accidents
- Motorcycle Accidents
- Truck Accidents
- Uber/Lyft Accidents
- Wrongful Death
- Dog bite injuries
- Pedestrian accidents
- Premises liability
- Slip and fall
Frequent Injuries in Accidents
Here are some of the most frequent injuries sustained in accidents in San Marcos:
- Soft tissue injuries such as whiplash, bruises, strains, and sprains. These injuries are caused by the sudden impact and force exerted on the body during a collision. Whiplash is a common neck injury that occurs when the head is forcefully jerked forward and then backward. Symptoms of whiplash can include neck pain, stiffness, headaches, and dizziness.
- Back and spine injuries are another typical result of car accidents. These injuries can range from minor strains to herniated discs or even spinal cord injuries. Back and spine injuries can cause pain, weakness, numbness, and even paralysis.
- Head injuries can range from mild concussions to traumatic brain injuries (TBIs). Concussions are a type of TBI that can cause confusion, headaches, dizziness, and memory problems. More severe TBIs can lead to permanent cognitive and physical impairments.
- Broken bones are also a common occurrence in car accidents. The force of a collision can cause bones to fracture or break, especially in areas of the body that are subjected to direct trauma, such as the arms, legs, ribs, and pelvis.
- Internal injuries can be challenging to diagnose and may not become apparent immediately following an accident. Internal injuries can include bleeding, organ damage, and puncture wounds.
Frequent Causes of Accidents
- Distracted driving is consistently ranked as the number one cause of accidents in California and throughout the United States. Texting while driving is a major culprit, but other distractions include eating, drinking, talking to passengers, or grooming.
- Speeding is another common cause of accidents. Speeding reduces a driver’s reaction time and increases the severity of crashes.
- Driving under the influence (DUI) is a severe crime that can result in devastating consequences. Alcohol and drugs impair judgment and coordination, making it difficult to drive safely.
- Reckless driving includes any behavior that shows a disregard for the safety of others on the road. This can include speeding, weaving in and out of traffic, running red lights, and failing to yield the right of way.
- Failure to observe traffic rules, such as yielding the right of way, failing to stop at stop signs, and making illegal turns, can all contribute to accidents.
- Drowsy driving can be just as dangerous as drunk driving. When you’re tired, your reaction time is slowed, and you’re more likely to make mistakes.
- Manufacturer faults can also cause accidents. A vehicle with a mechanical defect can malfunction and cause a crash.
- Poor road conditions, such as potholes, uneven pavement, and missing signs, can all contribute to accidents.
Do I Have a Personal Injury Case?
Determining whether you have a personal injury case in California can involve legal complexities, but here’s a general guideline to help you get a better sense:
Elements of a Personal Injury Case (Based on Negligence):
- Duty of Care: The other party was legally obliged to act cautiously (e.g., a driver following traffic laws).
- Breach of Duty: The other party failed to act reasonably (e.g., running a red light).
- Causation: The other party’s breach caused your injuries (e.g., the red light violation led to a collision that hurt you).
- Damages: You suffered harm (e.g., medical bills, lost wages, pain and suffering).
- California law operates on a “preponderance of the evidence” standard. This means you need to show it’s more likely than not that the other party’s negligence caused your injuries.
What Compensation Can I Receive in a Personal Injury Claim?
The compensation you can receive in a California personal injury claim depends on two main categories of damages: economic and non-economic.
Economic damages are those with a precise financial cost. These can be easily documented and calculated, and include:
- Medical bills (past and future)
- Lost wages
- Loss of future earning capacity
- Property damage
Non-economic damages are more subjective and harder to quantify. They encompass pain and suffering, emotional distress, loss of enjoyment of life, and other intangible losses. The court determines the amount awarded for these based on the severity of your injuries and the evidence presented.
In California, there is no limit on non-economic damages for most personal injury cases. However, it’s important to remember that most personal injury cases are settled out of court, and the settlement amount can vary widely depending on the specific circumstances of your case. It’s important to consult with an attorney to discuss the specifics of your case and get a better idea of the potential compensation you may receive.
How Long Do I Have to Start a Claim?
In California, you generally have two years from the accident date to initiate a personal injury lawsuit, according to the California Code of Civil Procedure Section 335.1. This is known as the statute of limitations. It’s important to note that this is the deadline to file a lawsuit, not necessarily to initiate a claim.
There are some exceptions to this rule, but they are uncommon. It’s always best to consult with an accident lawyer in San Marcos as soon as possible after an accident to ensure you get all the deadlines and maximize your chances of a successful claim.
I Was Partially at Fault. Can I Receive Compensation?
Yes, even if you were partially at fault in California, you can still receive compensation for your injuries in a personal injury claim. This is because California follows a pure comparative fault system. Here’s how it works:
- The court will determine the percentage of fault attributed to each party involved in the accident, including you.Â
- Your percentage of fault will reduce your compensation.
For example, let’s say you are in a car accident and are found to be 20% at fault. You suffer $100,000 in damages. Under California’s pure comparative fault system, you would still be eligible to receive $80,000 (100,000 minus (100,000 x 20%)).
How Much Does Hiring an Accident Lawyer in San Marcos?
Accident lawyers often work on a contingency basis, meaning you don’t pay anything upfront, and they only get paid if your case is successful. This allows you to pursue legal action even if you can’t afford hourly fees. This also incentivizes the lawyer to fight for the best outcome since their earnings depend on it.
Hire an Experienced Accident Lawyer in San Marcos
Hiring an accident lawyer in San Marcos gives you a higher chance of obtaining maximum compensation for the damages you received in your accident. You can repair or renew your car, pay your medical bills, recover lost wages, and obtain many more benefits to overcome the accident and move on with your life. Call us at (888) 824-1025 to make a consultation.