No one plans to be involved in an accident and injured. Though some incidents are minor, many more have traumatic, severe, and even deadly consequences for the victim. In the United States over 30 million victims are injured in accidents annually – close to 10 percent of these require medical treatment in a hospital. Though some accidents are caused by honest mistakes, many more are due to someone else’s negligence. If you are injured by someone’s negligence, there are ways to recover for the harms you have suffered; close to 400,000 personal injury lawsuits are filed annually in pursuit of compensation for harms suffered by a victim. In Wildomar, a small town of nearly 37,000, there are many converging circumstances that make it more likely someone would be injured. Close to the busy 15 freeway, the city is heavily trafficked by visitors and nature lovers coming to enjoy the nearby hiking and biking trails. The city has also tripled in size in the last 20 years, so new buildings and construction spread as far as the eye can see. These factors all come together to create a high-risk environment for accidents and resulting injuries or even fatalities. If you were injured in an accident caused by someone’s negligent behavior, you should contact an experienced Wildomar personal injury attorney today to see if you may be entitled to compensation for your damages.
What is a Personal Injury in Wildomar?
Any individual that sustains any injury – physical, financial, emotional, or psychological – as a result of another party’s negligent, reckless, or intentional conduct may be able to file a civil lawsuit seeking compensation for personal injury. Almost any situation can go awry and result in a personal injury claim. For example, injury-causing scenarios include:
- Motor vehicle collisions;
- Truck accidents;
- Motorcycle accidents;
- Bicycle accidents;
- Pedestrian accidents;
- Slip or trip and falls;
- Dog bites;
- Brain injuries;
- Construction accidents;
- Premises liability;
- Wrongful death;
- Survival actions;
- Medical malpractice; and
- Elder abuse and neglect.
Speak to a skilled Wildomar personal lawyer to find out if the situation resulting in your injury might entitle you to make a personal injury claim and seek compensation.
How Do I Recover Damages in My Wildomar Personal Injury Case?
Accident victims most commonly argue that they are entitled to compensation because another person is liable for their injuries due to their negligence. To establish negligence, which renders another person liable for damages the victim suffered, it must be proven that:
- The defendant owed the victim a duty of care,
- That duty was breached by either an act or omission, and
- The defendant’s breach of duty caused injury to the victim.
Once these are established, the defendant is held to be negligent and is liable for the victim’s harms.
Though negligence is the most common theory of recovery for personal injuries, some circumstances have a different standard for establishing liability. Dog bites and defective products, for example, can establish liability on the theory of strict liability – a much lower bar for recovery than negligence. You should speak with an experienced Wildomar personal injury lawyer to learn what standard applies in your case, so you proceed in the most advantageous way possible.
How Much is My Case Worth?
After liability is established, victims may recover compensatory damages for harms they can prove. These awards are intended to make a victim whole for their injuries. Compensatory damages may address concrete.
What Kind of Compensation Can I Recover?
Once a defendant is liable, they may be ordered to pay the victim damages for harms they can prove. Compensatory damages may be awarded to make a victim whole for their injuries – these may be issued for both concrete harms such as medical bills and lost wages as well as more abstract injuries like disfigurement or pain and suffering.
In some circumstances, victims may also receive punitive damages to punish a defendant for vile, reprehensible behavior and to deter others from behaving similarly in the future. The standard of proof for punitive damages is much higher than for negligence, and these damages are entirely discretionary both as to whether they are awarded and in what amount. Due to the complex nature of satisfying different standards of proof and substantiating injuries, it’s important to work with an experienced Wildomar personal injury attorney to avoid legal pitfalls that could derail your case.
Can I Recover If I was Partly to Blame for the Accident?
Even if you may be partially responsible for the accident that injured you, recovery is still a possibility. California uses the theory of comparative negligence in cases where multiple parties are at fault. A court will review the facts and determine the percentage of responsibility each party bears in the accident. Any damage award will then be reduced proportionately to align with the percentage of fault each party bears. For example, a victim awarded $100,000 who is 40 percent at fault will still be able to recover $60,000 of the damage award.
What Steps Should I Take If I Am Injured in a Wildomar Accident?
Even though it may seem overwhelming after you are hurt, taking a few simple actions can greatly help your physical recovery as well as strengthen your case should you choose to file a personal injury claim in Wildomar.
Get Medical Attention
Your health is paramount; it is important you seek medical care as soon as possible after an accident. It’s important to be evaluated by a medical professional because many injuries do not present symptoms for days or even weeks after an accident, so it is possible to worsen injuries you do not know exist. For your health and for purposes of helping any personal injury claim you may bring, it’s important to abide by all treatment plans and recommendations, take medicine as prescribed, and be present for all follow-up appointments.
Act Quickly
Even though it can be overwhelming to think about making big decisions after you have been hurt, you cannot procrastinate for long. California enacted a 2-year statute of limitations for most personal injury claims; meaning that you must file your personal injury lawsuit in civil court within 2 years of the date you sustained your injury. Bringing a claim after the 2-year time frame has passed will end in dismissal of your lawsuit by a court and a permanent bar from bringing a civil claim seeking compensation for your injuries.
Speak with a Wildomar Personal Injury Attorney
If you have been hurt in an accident, don’t wait – contact the experienced Wildomar personal injury attorneys at Walton Law today. Our skilled attorneys have spent years providing comprehensive, personalized representation for victims like you and delivering results. We have secured millions of dollars in recovery for 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, no risk initial case review. The consultation is free, and you pay nothing until we win your case. Let the experienced attorneys at Walton Law review the facts of your unique case, evaluate your options, and start working to deliver the best possible results for you so you can focus on your recovery and rebuild your life.