Carlsbad Personal Injury Lawyers
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Carlsbad Personal Injury Lawyers Committed To Advocating For The Injured In Carlsbad
Carlsbad is in the North County region of San Diego County in California. The city is 35 miles north of downtown San Diego and 87 miles south of downtown Los Angeles. Carlsbad is home to Legoland California Resort and is also only about a half-hour from SeaWorld San Diego.
If you’ve been injured in a car accident, slip and fall, or any other type of accident, you can seek help from an attorney. The Carlsbad personal injury lawyers at Arash Law are ready to guide you through your rights and options.
December 2016: $22M+ verdict in a mild traumatic brain injury case. The entire details of the case can be found in the public record filings by the defendant entity that sued its defense.– Brian Beecher
Personal Injury Claim Basics
A personal injury claim involves pursuing compensation for physical, emotional, or psychological harm incurred in an accident caused by another party’s negligence, recklessness, or intentional act. A personal injury lawsuit is a common kind of civil claim. Civil cases are very different from criminal cases.
Civil cases are personal disputes between parties, while criminal charges stem from a government agency alleging wrongdoing by an alleged offender, harming society. A civil lawsuit will also have a much lower burden of proof. In a civil case, a person only needs to prove liability by a preponderance of the evidence.
Outcomes also differ between criminal and civil cases. In a civil case, a plaintiff is seeking financial compensation to pay for costs associated with their injuries or harm, frequently called damages.
Our Personal Injury Lawyers Help Clients With All Kinds Of Accident Claims
People can suffer injuries in many types of accidents. What follows are common kinds of cases that our personal injury lawyers help people with in Carlsbad.
Car Accidents
The California Department of Motor Vehicles (DMV) reports that there are 2,417,394 licensed drivers in San Diego County. The DMV also reports that there are 3,046,126 registered vehicles. A city with this many motor vehicles is bound to see more than its fair share of automobile accidents. The most recent statistics of the California Highway Patrol show 193,564 crashes resulting in 277,160 injuries, and 3,582 fatal crashes resulting in 3,904 fatalities.
Pedestrian Accidents
The California Office of Traffic Safety’s most recent statistics show that over 14,000 pedestrians suffered injuries, and 893 pedestrians were killed on state roadways. Almost 7,500 pedestrians have died over a 10-year period, and California’s pedestrian fatality rate is nearly 25 percent higher than the national average.
Slip-and-Fall Accidents
A slip-and-fall accident is one of the most common kinds of premises liability claims. Premises liability is an area of law relating to a property owner being responsible for injuries occurring on their property. Negligent parties in these cases may try to avoid liability by claiming that the victims were to blame for their accidents.
Other Cases We Handle In Carlsbad
Arash Law assists a wide variety of clients in the greater Carlsbad area who suffer injuries in many different kinds of accidents. Examples of other common types of claims we handle include:
- Bicycle accidents
- Bus accidents
- Lyft accidents
- Workplace accidents
- Medical malpractice
- Truck accidents
- Uber accidents
- Dog bites
- Construction accidents
- Motorcycle accidents
- Nursing home abuse and neglect
- Product liability
- Truck accidents
The National Safety Council (NSC) estimates that calculable costs of motor vehicle crashes include wage and productivity losses, medical expenses, administrative expenses, motor-vehicle damage, and employers’ uninsured costs. Average economic costs of motor vehicle crashes in the most recent year were $1.95 million for cases involving death, $167,000 for disabling injuries, $44,000 for evident injuries, and $23,900 for possible injuries.
How Much Compensation Can I Seek?
The truth is that every single accident is different. Even when two people are involved in separate accidents of the same type, one person can suffer catastrophic injuries while another walks away unscathed.
Many insurance companies handling injury claims have formulas they use to calculate possible settlement amounts. The formula will rely on figures such as your medical bills and injury severity. You can also have a practiced Carlsbad personal injury lawyer review your case separately to estimate the value of your losses.
Some of the most common factors that can dictate the value of a personal injury case include:
- The severity of your injuries
- Any permanent effects of your injuries
- The types of medical care and costs you will require
- Your ability to return to work
- Whether you can earn the same amount if you go back to work
- Emotional trauma
- Whether you can still participate in recreational activities
- Whether your own negligence was a factor in your accident
When you receive insurance settlement offers, it’s important to review them carefully and assess whether they reflect the extent of your losses. This is something our Carlsbad personal injury lawyers can help you with.
What Losses Can I Pursue Compensation For After A Carlsbad Accident?
When it comes to damages in any accident case, the phrase compensatory damages generally involves two distinct categories. Most cases will involve economic damages, which are the tangible losses people can prove with different kinds of bills, and non-economic damages, which are much more subjective, non-monetary losses.
Common kinds of economic damages for verifiable losses include:
- Past and future medical expenses
- Past and future lost wages
- Decreased earning potential
- Rehabilitation costs
- Costs of medications and medical devices
- Damage to property
When it comes to non-economic damages, estimating the value of losses may be more challenging due to their intangible nature. Some of the most common forms of non-economic damages include:
- Pain and suffering
- Mental anguish
- Diminished quality of life
- Loss of companionship and society
- Disfigurement
- Permanent scarring
- Emotional pain and suffering
California Civil Code § 3294 also allows for a limited number of people to be awarded exemplary damages, more commonly known as punitive damages. Such damages are limited only to rare cases in which it is proven by clear and convincing evidence that an at-fault party is guilty of extreme or willful negligence.
Arash Law, founded by Arash Khorsandi, Esq., can evaluate your injury claim and discuss whether you can seek any of the damages listed above.
What If The Other Side Is Saying The Accident Was My Fault?
When filing personal injury claims, the at-fault party may suggest that the victims played a role in causing the accident in question. In these cases, comparative negligence may apply to your case.
When it comes to negligence laws, California is considered a pure comparative fault state. This means that a victim may still be able to seek damages even if they are primarily at fault for the accident.
Say a person suffers injuries in a car accident and is found to be 25 percent at fault. In such a case, then a verdict amount will be allocated as follows:
- The negligent party pays 75 percent of the verdict amount.
- The victim pays the other 25 percent of the award.
The bottom line in this example is that due to their percentage of fault, any settlement they’re awarded may be reduced by that percentage. In this case, if their compensation is valued at $100,000, they may only receive $75,000.
Dividing fault is often a key issue in accident claims. Having legal guidance can help you better understand how fault may be evaluated in your case.
Settlement in a slip and fall case versus Jiffy Lube; client suffered spinal injuries.– JUDD ROSS ALLEN
What Is Negligence In California? Will It Matter In My Claim?
Negligence occurs when someone fails to use the level of care that a reasonable person would in a similar situation, and that lack of care causes harm to another person. In these situations, the law may allow injured individuals to pursue compensation.
Proving negligence in a personal injury case will usually involve demonstrating four things:
- Duty of care – You must prove that a negligent party owed you a legal duty to exercise reasonable caution.
- Breach of duty – You have to prove that the negligent party did not exercise the necessary amount of caution a reasonable person would have under the circumstances.
- Causation – You will need to prove that the negligent party’s acts or omissions were the direct cause of your injuries.
- Damages – You must prove that you have suffered some degree of harm because of the defendant’s acts or omissions.
Comparative fault commonly comes into play in most accident claims because it is always possible that multiple parties to be proven negligent. Consider scheduling a free first consultation with one of our Carlsbad personal injury lawyers so you can discuss what’s needed to establish negligence in your case.
How Long Do I Have To File A Carlsbad Personal Injury Claim?
Legal claims are often subject to time limits, also called “statutes of limitations.” Lawsuits must be filed within a set amount of time because when the statute of limitations on a case runs out, the claim will no longer be valid. The deadlines it establishes may vary depending on the kind of case you are filing.
For personal injury claims, a person has two years from the date of their injury. When an injury is not discovered right away, a person will have one year from the date that they should have reasonably found out about it. There are several other exceptions to the state’s statute of limitations, including:
- A victim being a minor, in which case the victim will have two years from the date they turn 18 years of age.
- A victim not being mentally competent at the time of the accident, in which case the victim has two years from the date that they regain mental competence.
- A defendant evades service out of fraud, in which case California Code of Civil Procedure § 351 provides that the action can be commenced within two years of their return to California.
The statute of limitations is not only important for actual lawsuit filings but also impacts settlement negotiations. Suppose you are attempting to negotiate a settlement with an insurance company after the statute of limitations has passed. In that case, the insurer will have no obligation to compensate you since there will be no penalty for refusing to pay you.
All of these timing concerns make it critical for accident victims to seek legal assistance as soon as possible. Delays may not give a personal injury lawyer enough time to investigate the claim and know what evidence there is.
Arash Law’s attorneys can assist you with filing and pursuing a valid claim within all applicable state deadlines.
Personal Injury Statistics In Carlsbad
According to the 2018 data from the California Office of Traffic Safety, 20,270 people were killed or injured in automobile accidents in San Diego County. This total included 1,731 motorcycles, 1,286 pedestrians, and 837 bicyclists.
The 2018 data for San Diego County also showed that a total of 2,446 crashes involved alcohol. Another 4,831 were speed-related crashes. There were also 1,320 hit-and-run accidents.
The State of California Department of Industrial Relations also reports that more than 300 people have been killed in fatal occupational accidents every year since 1999, ranging from a high of 602 in 1999 to a low of 326 in 2010. Transportation incidents were responsible for the most occupational injury fatalities with 36 percent during the seven years, followed by 20 percent being assaults or violent acts, falls, trips, and slips accounting for 19 percent, contact with objects and equipment making up 13 percent, exposure to harmful substances being 9 percent, and fires or explosions accounting for 1 percent.
Non-fatal occupational injuries from the United States Bureau of Labor Statistics (BLS) show that there were 466,600 nonfatal occupational injuries and illnesses during the most recent reporting period. The numbers show that 78 percent of the injuries occurred in private industry, and 22 percent were in state or local government sectors.
Should I Accept A Settlement Offer?
An insurance company for a negligent party may extend a settlement offer very early after an accident. However, it can be crucial to review it first. Doing so can help you decide whether to assess or counter it.
The estimate an insurance company is accounting for is often based only on the facts as they currently stand, so you may not be receiving a settlement offer that accounts for many of the future costs you will face. To inform your decision on how to proceed, you can consult with a personal injury attorney in Carlsbad.
Their knowledge of personal injury law may offer you a more accurate understanding of what your case might be worth. They will also have experience negotiating these kinds of settlements, meaning they can counter offers when necessary and negotiate for updated settlements that may better align with the value of your losses.
What You Should Keep In Mind About Carlsbad Personal Injury Claims
Most people who suffer injuries in the Carlsbad area have little to no understanding of the personal injury process. That said, you may wish to seek the guidance of someone who does have experience handling these kinds of issues.
You are very likely to be contacted by an insurance company soon after your accident. For the reasons stated above, you can consider declining to speak to them until you have legal representation. Some of the other steps you can take may include:
- Seek medical attention — See a doctor as soon as you can after any accident, even when you do not think you suffered an injury. Medical records will be important for claims for compensation later on.
- Refrain from fulfilling requests from third parties — Unless it involves providing facts about the accident, do not provide any recorded statement to an insurance company, and do not agree to sign any legal documents. Consider having a lawyer present when you are fulfilling any of these types of requests. People who provide statements without legal representation are at great risk of accidentally saying something that damages their personal injury claim.
- Document your accident — Take pictures or videos of the accident scene. Maintain a journal and try to write down everything you remember. Doing so can help you preserve evidence that may prove helpful for filing a personal injury claim later on.
Can I Afford A Carlsbad Injury Lawyer?
Generally, the answer is yes. Though the cost of legal representation will vary based on the complexity of your case, choosing to work with our Carlsbad personal injury lawyers means your claim will be handled on a contingency fee basis. This means that our clients pay nothing up front. Instead, they’re only charged attorney fees if they’re awarded a settlement. Our lawyers can go over the other case-related costs that may still apply before we take on your case.
Reasons To Work With A Carlsbad Personal Injury Lawyer
The first benefit to working with an attorney is that you may not have to deal with an insurance company on your own. Instead, you can have a lawyer negotiate with them on your behalf.
Our Carlsbad personal injury lawyers can also conduct independent investigations of your accident. Doing so can help you gather evidence to support your case.
An attorney may also speak to your doctor about your condition and gain a fuller understanding of the true extent of your injuries. They can use that information to seek a settlement that reflects your current and future needs.
If an agreement cannot be reached via negotiation, your case may have to go to court. In this scenario, a lawyer can leverage their litigation experience to represent your case and uphold your interests.
What Our Personal Injury Lawyers Do For Clients
When you bring on an attorney to handle a valid personal injury claim, there are going to be several ways in which they will be of assistance to you. A Carlsbad personal injury lawyer from Arash Law will work to handle the legal side of your accident so you can focus on your own recovery.
Our firm typically helps clients with the following:
- Obtain all of the relevant evidence relating to your case, including police reports, witness statements, and video surveillance footage.
- Acquire analyses of your medical records.
- Calculate your financial losses.
- Negotiate a settlement with an insurance company.
- Take your case before a judge and jury when your case cannot be settled out of court.
Personal Injury Attorneys With A Client-Focused Approach
Arash Law’s Carlsbad personal injury lawyers place the needs of their clients first, so we are committed to helping you to the best of our ability and in line with California law.
Because we focus on personal injury cases, our team strives to provide comprehensive legal services for our clients in Carlsbad and throughout California. We aim to support them through the claims process while they work toward recovery.
Should they be struggling to find the right doctor to treat their injuries, our firm may be able to offer a referral to a doctor. If they are unable to pay medical bills while pursuing compensation, we might be able to connect them with medical professionals who can work on a lien basis, which allows them to cover expenses using a percentage of a settlement they may be awarded.
Our Carlsbad Personal Injury Lawyers Are Ready To Evaluate Your Case
Arash Law, led by Arash Khorsandi, Esq., is dedicated to offering legal support after a personal injury accident. Victims can receive completely free initial consultations, and we can come to you in your hospital room or home when you cannot come to our office. You can call us at (888) 488-1391 or contact us online.
Our Carlsbad personal injury lawyers also serve many surrounding areas of Carlsbad, such as Oceanside, Lake San Marcos, Vista, Camp Pendleton South, and Encinitas, as well as other locations throughout California.
