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Injury Attorney
Maximum Compensation for Injured Californians
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“I RECEIVED 3 TO 4 TIMES MORE THAN MY PASSENGERS!!!”
Trinity N.
San Diego Personal
Injury Lawyer
If you were injured in an accident in California, you may be entitled to a major cash settlement.
But receiving fair compensation for your injuries will not be easy. The insurance company employs highly trained adjusters and attorneys to ensure their profitability, which means paying you as little as they can.
Most importantly, they try to get you to settle before you hire an attorney.
Why is that? Because their own research says victims injured in a car crash receive 350% more compensation when they have an attorney. So they will stop at nothing to get you to settle early, for as little as possible, before hiring an attorney.
Don’t wait. Schedule a Free, No-Obligation Case Review now. We are standing by to take your call, 24/7.
JD Injury Law, APC is An Award Winning firm Helping People with their injury claims
If you are hurt by someone else’s negligence, the law gives you specific rights. One such requirement is that the other party must pay you for any damage and harm they cause.1California Code of Civil Procedure 3281. Every person who suffers detriment from the unlawful act or omission of another, may recover from the person in fault a compensation therefor in money, which is called damages.
In general, if someone else was negligent and severely injured you, you have the right to seek payment from that person.
It’s important to remember, though, that these rules don’t always guarantee you receive fair value. For instance, many severely injured people do not receive any compensation from the responsible parties who caused them harm.
This is because they are either unaware of their legal rights or sometimes are too emotionally traumatized to cope with the problem. As a personal injury victim, you must understand your legal rights to make informed decisions regarding your case. You have to decide whether or not to pursue legal action against the person or entity responsible for your catastrophic injuries.
We only represent individuals, especially San Diegans and other Californians in their battles with insurance companies. We are fully committed to the rights of those injured in California due to the carelessness of others. We treat each case as though it was our only one. We know how important your rights and livelihood are to you, and we are willing to put our money where our mouth is. We are not paid unless you are: there are no costs or fees unless we win.
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TESTIMONIALS
Hear Real Stories From Our Injury Clients
Marjorie M. – Shoulder Injury
Video review about the injury to her shoulder after a car accident in San Diego, CA
Steven B. – Back Injury
Video review about the injury to his back while driving in Mira Mesa neighborhood of San Diego, CA
frequently Asked Questions
Someone was negligent, and caused you significant injuries. You were thrust into a situation you didn’t ask for, and now you have to deal with numerous issues related to a personal injury claim.
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Timeline of the personal injury claims process
The pre-suit phase begins when you suffer injuries and ends with filing a lawsuit. It includes the treatment period, initial correspondence to the insurance companies, medical records retrieval, and possibly a settlement demand. The case can settle here, and you would jump to the Disbursement/Closing phase.
This is the period after a lawsuit is filed but before the trial. Many “lawyerly” things happen during this period, including discovery, motions, depositions, expert discovery, hearings, and others. This period can last a long time, up to several years.
Most cases do not get this far. However, at the end of a long pre-trial period, the trial will finally begin. It will usually last at least several days. At trial, the jury (or judge) will determine if the defendant is at fault for the accident and determine the amount the plaintiff should be awarded. If the plaintiff wins, the defendant will be required to pay the award unless there is an appeal.
If at any time you settle with the defendant, or your case went to trial, and you won, you will eventually end up here. In this phase, you will collect whatever amount you need from the defendant or their insurance companies. Next, you determine what medical bills or health insurance companies need to be paid back and pay them, and close the claim.
First Steps To Take After An Injury In San Diego, CA
The first step in the process of getting compensation for your case is filing an injury claim. You can do this by contacting an experienced personal injury attorney who will help you file and pursue this case on your behalf.
By the time you read this, you are not likely still at the scene of the incident. By now, you should be safe from any hazards, and you have addressed your emergency needs. If so, you still need to take steps to ensure you protect your San Diego personal injury case to receive the maximum compensation you deserve. So these are the steps you should take:
1) Seek any treatment you need for your medical issues. If you experienced severe injuries, there still might be lingering ailments and injuries you suffer. As I always tell my clients, your health comes first; the case is secondary to that. It is imperative that you seek and receive medical care as your health is our first concern.
2) Gather all evidence – whether you are in an automobile accident, or a slip and fall, or a pedestrian accident, your case depends on evidence. Now, that doesn’t mean you need to be a lawyer, investigator, and client all at once. An experienced attorney in San Diego will be able to discover and curate any evidence on your behalf. But any evidence you do come across, such as medical records, letters from the insurance adjuster, will be helpful for your case in the future.
3) Document your injuries – Take pictures of any visible injuries with your phone or camera, or have someone else do it for you. If you go to the doctor, have a nurse or other health expert photograph your injuries. Write down or record your impressions of what hurts or is damaged as quickly as possible.
The more documentation and proof of the injuries you have, the better the chance of your personal injury attorney securing a settlement or award that will fairly compensate you.
4) Filing Your Claim with the Insurance Company – Most insurance policies require you to contact them within a certain number of days after the accident. They usually include language that says they may deny coverage if you do not make timely contact with them. We handle many injury cases here in San Diego. It’s rare to see the adjuster threaten denial of coverage because our client did not notify them promptly. But it’s something to keep in mind, and there is no good reason not to inform the insurance company as soon as possible.
5) Contact a San Diego Personal Injury Lawyer – You have nothing to lose by consulting with an attorney right away. For example, we do not charge a consultation fee, so there is no obligation. We also have a No-Fee Guarantee: You do not pay until you win your case, period.
What to consider before pursuing a personal injury claim
If you’ve suffered an injury here in San Diego and believe that someone else should be held responsible, you may be considering pursuing a personal injury claim. However, you should consider several factors before you decide to file a personal injury lawsuit.
Is the claim timely? Generally, you have two years from the date of the accident to file a personal injury case.2 California Code of Civil Procedure 335.1. “Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.” This is called a statute of limitations. However, there are other deadlines, and some deadlines are shorter than two years. So you should always consult with a San Diego personal injury attorney to review your case and help you determine if your claim is still timely. For example, you must file a claim against a government entity within six months. Calculating these deadlines is sometimes difficult for experienced personal injury attorneys.
Was someone else at fault? There must be a responsible party before you can recover any money in a claim or lawsuit. Someone else is liable if they are negligent.3California Code of Civil Procedure 1714(a). Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself. Everyone is held to a standard of care to prevent harm to those around them. Someone is a negligent party when they fail to use reasonable care, which causes you harm. Examples include a driver who isn’t paying attention and rear-ends another car. Or a store where the employees notice water on the floor but ignore it, and someone slips and gets injured. There, the employees, business owners, and the property owner might be considered the responsible parties.
Were you at fault at all? In California, you can still recover money even if you are partially at fault. However, any recovery is reduced by the percentage you are found at fault. This is called comparative negligence. For example, if a jury awards you $20,000.00, but you are 10% at fault, your award is reduced by 10%. So you would receive $18,000.00.
Did you suffer damages? If someone causes an accident, but you are not injured, there isn’t anything for the jury to award you. If you suffer any amount of injury and monetary damages, you are owed money to compensate you. Monetary or financial damages include medical expenses and bills, damage to your property, prescriptions, loss of income, and any other expenses. Pain and suffering, reduced quality of life, inconvenience are all examples of non-economic damages that you can also pursue.
Can you collect even if you win? Even if you satisfy all the previous factors, it might not be worth pursuing the case if you cannot collect from the person at fault. If a driver is uninsured and doesn’t have many assets, you might not collect if you win at trial. In that case, it may be best to pursue an uninsured/underinsured motorist claim against your insurance policy if you carry that coverage. An experienced San Diego personal injury law firm will be in the best position to pinpoint whether a responsible party can pay.
Types of Injuries
The following are the types of injuries we typically see at our law firm. This list is not exhaustive, just a sampling of the injuries our clients suffer in injury cases:
- Soft tissues* such as muscle, tendon, ligament, cartilage, contusions (bruises), and joint injuries.
*While these are called “soft tissues,” make no mistake: these injuries can cause significant pain and suffering. - Bone fractures, bone contusions
- Burn injuries, skin injuries, scarring
- Injuries to more than one body part
- Head injuries such as contusions, concussions, traumatic brain injury
- Spinal cord injury
- Neck and Back injury
- Internal organ injuries
- Bone fractures
- Amputations (loss of limbs) and other limb injuries
- Paralysis
- Death
Negotiating Your Personal Injury Settlement
A skilled personal injury attorney will fight to ensure that you receive the total compensation you deserve. In many cases, your injury attorney will go after the insurance carrier on your behalf, resulting in a significantly bigger payment than would be possible otherwise.
When an insurance company (for the defendant) investigates a case, the first goal is to try and settle the case for the least amount possible. They will often use any means at their disposal to convince the injured party to accept a settlement that is significantly less than they deserve.
An adjuster will often contact you, claiming to have concern for your injuries and saying that they want to “take care of you.” They want to talk with you to learn anything that they can use against you in the future. Another tactic is to offer you a settlement figure and tell you that they will not be giving you that amount very long. Their goal is to pressure you into accepting their offer before you have time to consult with an attorney.
Accepting a “quick settlement” usually always benefits the insurance company to your detriment. Even if the adjuster claims that the offer is the “best and highest” they can make, it isn’t always the case. Since their end goal is to pay you as little as possible, their first offer is usually the smallest amount they believe you will take.
Our firm understands how insurance companies operate. We do everything possible to get you maximum recovery. Insurance companies don’t care about your injuries or damages. Their main concern is their bottom line, and they will settle for whatever amount of money will give them the most financial benefit.
Our San Diego Office
The San Diego personal injury attorneys at JD Injury Law devote their careers to assisting those wrongfully injured in an accident or incident. Our team’s dedication and experience allow us to become the best we can be when assisting your family in obtaining the maximum recovery possible in a personal injury claim. Let our lawyers’ proven track record work for you.
This is our responsibility to you, and we strive to keep our clients pleased. When you’re not happy, we’re not happy. Our clients deserve the most complete, professional representation available, so we work hard to satisfy your needs and expectations. Our office is in San Diego, but we can meet you throughout the county.