In Moreno Valley, like the rest of California, no one plans to be involved in an accident or seriously injured going about our daily lives. However, because day-to-day life involves so many different activities and going so many different places, we often forget how many risks we face, how dangerous scenarios can be, and how often mishaps and injuries occur. Over 30 million victims are injured in accidents annually in the United States – close to 10 percent of these require medical treatment in a hospital. Though some accidents are truly honest mistakes, the majority are due to someone’s negligence. Unfortunately, these accidents can result in wrongful deaths or catastrophic, permanent injuries such as brain injuries, orthopedic injuries, and other ailments that will forever negatively affect the victim’s life.
Whether driving the 215 or 60 Freeway on a daily commute, walking past a construction site, shopping at the Moreno Valley mall, going to work in an office building, or stopping for a double-double at In-N-Out, Moreno Valley’s over 209,000 residents face the risk that someone will negligently injure them every day. However, the law in California believes negligent actors should be accountable to their victims. So, if you or a loved one has been hurt in an accident, contact an experienced Moreno Valley Personal Injury Attorney today to learn if you may be entitled to compensation.
What is a Personal Injury Case?
In California, any party who sustains an injury – whether it’s financial, mental, emotional, or purely physical – because of someone else’s negligent, reckless, or intentional conduct may seek compensation in court for a personal injury. Common situations creating personal injury claims include:
- Car accidents;
- Truck accidents;
- Bicycle accidents;
- Motorcycle accidents;
- Pedestrian accidents;
- Slip and Falls;
- Elder abuse or Neglect;
- Dog bites; and
- Medical malpractice.
If you’re not sure whether your situation gives you the right to pursue a claim for damages, speak to an experienced Moreno Valley personal injury attorney to learn more.
How do I win a Moreno Valley Personal Injury Case?
In most personal injury lawsuits, victims claim they’re entitled to compensation because someone negligently injured them. To prove negligence in court, you must show:
- The defendant owed you a duty of care,
- They breached their duty through an act or failure to act, and
- Their breach caused you injury.
If you prove these elements, the defendant is negligent unless they have a valid legal defense.
In some cases, however, victims can recover without proving the elements of negligence. Strict liability, which has a much lower bar for establishing liability, applies in most dog bite and product liability cases.
What can I Recover for my Injuries?
Victims who prove negligence may be entitled to damages to make them whole for their injuries. Compensatory damages may be issued for many types of injuries – some less concrete than others. You may be entitled to compensation for medical bills, pain and suffering, lost wages, and property damage among other things.
In rare cases, victims may be entitled to an additional award of damages by the court specifically to punish the defendant’s extremely bad behavior and discourage them and others from repeating the behavior. Punitive damages are rarely awarded because the burden of proof is extremely high, and these damages are given at the court’s discretion.
Can I Recover if I was Partly to Blame for the Accident?
Even if you may be partially at fault for the accident that injured you, you may be entitled to recover damages. California adopted the theory of comparative negligence, which means the court will review the facts and determine a percentage of responsibility each party contributed to the accident. Any damage award you receive is reduced by the percentage of fault assigned to you. For example, a victim awarded $100,000 but 40 percent at fault will recover $60,000 of their damages.
Steps to Take if You’re Involved in an Accident
The last thing you may want to do after an accident happens and you’ve been hurt is to take decisive action. Emotions run high, you’re likely in pain, and you’re overwhelmed dealing with bills, insurance companies, and recovering from your injuries. However, it’s very important you take a few steps that will greatly help your health and the strength of your case for recovery in the future
- Seek Medical Help – As soon as possible after an accident seek medical attention. This is true even if you think you weren’t hurt. Some injuries don’t show symptoms right away, and a visit to a doctor will help determine if you’re injured, start treatment, and document how your injuries occurred and how severe they are.
- Gather Information – Keep records of all bills, insurance copays, lost wages, and other expenses you incur from your injuries. Get contact information from any eyewitnesses at the accident scene. Take photographs if possible.
- Don’t Say Too Much – Though you’ll want to cooperate with law enforcement to create an accident report in many situations, be careful what you say to other parties involved and especially to insurance companies. Avoid giving recorded statements, apologizing for the accident, admitting fault, or saying things that downplay your injuries such as being “fine.”
- Don’t Delay – With most California personal injury cases, you have a 2-year statute of limitations from the day you were injured to bring a lawsuit for damages in court. After that time passes, you’re usually permanently barred from seeking recovery for your injuries.
Speak with a Moreno Valley Personal Injury Attorney
If you or a loved one were hurt in an accident, contact the experienced Moreno Valley personal injury attorneys at Walton Law, APC today. Our skilled attorneys have been providing dedicated, personalized representation for victims like you and delivering results; we’ve recovered millions of dollars in compensation on behalf of our clients. Contact us 24 hours a day, 7 days by calling (866) 338-7079 or completing our Contact Us page to schedule your no obligation, risk-free initial case review today. The consultation is free and confidential, and you pay nothing until we win your case. Let our experienced team of attorneys review your case, answer your questions, and fight for the best possible outcome so you can focus on getting your life back on track.