Carlsbad Personal Injury Lawyers
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- Personal Injury Claim Basics
- Our Injury Lawyers Help People with All Kinds of Accident Claims
- We Handle a Wide Variety of Cases
- How Much Compensation Can I Recover?
- What Losses Can I Recover After an Accident?
- Damages in a Personal Injury Case
- What If the Other Side Is Saying the Accident Was My Fault?
- What is Negligence in California? Will it Matter in My Claim?
- How Long Do I Have to File a Personal Injury Claim?
- Personal Injury Statistics
- Should I Accept a Settlement Offer?
- What You Should Keep in Mind About Personal Injury Claims
- Can I Afford a Carlsbad Injury Lawyer?
- The Benefits of Retaining a Personal Injury Attorney
- What a Personal Injury Lawyer Can Do for You
- Compassionate Injury Attorneys Working for Victims
Our Carlsbad Personal Injury Lawyers Turning Injured Victims Into Victors
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. , accidents can happen. If you’ve been injured in a car accident, slip and fall, or any other type of accident, it’s important to seek help from Carlsbad personal injury lawyers who can fight for your rights and get you the compensation you deserve.
In the event that you have suffered an injury in an accident in the area, it’s in your best interest to contact an attorney right away. The Carlsbad personal injury lawyers at Arash Law, led by Arash Khorsandi, Esq., are qualified to protect your rights and get you the compensation you deserve.
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
Our Injury Lawyers Help People with All Kinds of Accident Claims
People can suffer injuries in many types of accidents. What follows are common kinds of accidents that our personal injury lawyers help people 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 reports that the 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 happens to be almost 25 percent higher than the national average. Many pedestrians have concerns about their ability to pursue compensation for their injuries but can be entitled to significant damages for their losses.
Slip-and-Fall Accidents
We Handle a Wide Variety of Cases in Carlsbad
- Bicycle accidents
- Bus accidents
- Lyft accidents
- Workplace accidents
- Medical malpractice
- Truck accidents
- Pedestrian accidents
- Uber accidents
- Car accidents
- Dog bites
- Construction accidents
- Slip-and-fall 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 $1.75 million for cases involving death, $101,000 for disabling injuries, $29,200 for evident injuries, and $23,900 for possible injuries.
How Much Compensation Can I Recover?
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.
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. You will want to have a skilled Carlsbad personal injury lawyer reviewing your case.
- Your injury severity
- 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
- Your emotional trauma
- Whether you can still participate in recreational activities
- How much your own negligence was a factor in your accident
What Losses Can I Recover After a Carlsbad Accident?
- Past and future medical expenses
- Past and future lost wages
- Decreased earning potential
- Rehabilitation costs
- Costs of medications and medical devices
- Damage to property
- 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 obtain exemplary damages, more commonly known as punitive damages. Such damages are limited only to cases in which it is proven by clear and convincing evidence that a negligent party is guilty of oppression, fraud, or malice.
Damages in a Carlsbad Personal Injury Case
What If the Other Side Is Saying the Accident Was My Fault?
- The negligent party pays 75 percent of the jury award.
- The victim pays the other 25 percent of the award.
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?
Li v. Yellow Cab Co., 13 Cal.3d 804, 532 P.2d 1226 (1975) was the Supreme Court of California case replacing the century-old all-or-nothing system of tort liability known as contributory negligence with a comparative fault system. Whereas victims in California were once forbidden from pursuing damages when they had any measure of negligence contributing to their injuries, all people can now file negligence claims.
- 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 will 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 can actually be negligent. The idea of pure comparative fault is that each party liable for personal injury damages will pay its fair share.
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 legal claim will no longer be valid. The statute of limitations always varies depending on the kind of case you are filing.
- 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 a 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.
Personal Injury Statistics in Carlsbad
According to the California Office of Traffic Safety, 20,270 people were killed or injured in automobile accidents in San Diego County during the most recent study period. This total included 1,731 motorcycles, 1,286 pedestrians, and 837 bicyclists.
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 a seven-year period, 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.
Should I Accept a Settlement Offer?
What You Should Keep in Mind About Carlsbad Personal Injury Claims
Can I Afford a Carlsbad Injury Lawyer?
Fortunately, most Carlsbad personal injury lawyers often handle cases on a contingency fee basis, which means that victims pay nothing upfront but instead give a portion of their award to the lawyer after the case concludes.
The Benefits of Retaining a Carlsbad Personal Injury Attorney
The next big advantage to an attorney is that they can thoroughly investigate your accident. The personal injury lawyer in Carlsbad can recover all of the evidence relating to your case.
What a Personal Injury Lawyer Can Do for You
- 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 all of your financial losses
- Negotiate a fair and full settlement with any insurance company
- Take your case before a judge and jury when an insurer is unwilling to offer an appropriate settlement amount
Compassionate Injury Attorneys Working for Victims
Arash Law’s compassionate Carlsbad Personal Injury Lawyers, led by Arash Khorsandi, Esq., place the needs of its clients first, so we will be fully committed to helping you in whatever way we can. Our firm is very conscious of the value of a reputation that a law firm can have in communities just like Carlsbad, so we are proud to say that many of our previous clients have been referrals from other satisfied former clients.
Arash Law: Carlsbad Injury Lawyers Who Can Come to You for Your Free Case Evaluation
Arash Law, led by Arash Khorsandi, Esq., does not charge you anything unless we settle or outright win your case. All accident victims can receive completely free consultations, and you should also know that 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.