North County San Diego Injury Lawyers

Our firm never charges a fee to discuss a case, and all cases are taken on a contingency fee. That means that if there is no recovery for the client, the client pays no fee. Our priority is to provide clients with the personal service that they deserve.

In California, you may be able to recover damages through a personal injury lawsuit if you are injured through the fault of someone else. Most of these lawsuits are brought under a theory of negligence. In other words, a victim needs to show that they were injured because the defendant did not use the appropriate degree of care in the situation. Damages are usually compensatory, meaning that they are intended to put the victim in the place in which they would be had the accident not happened, to the extent possible, and they may include both economic and noneconomic losses. You have two years from an accident to sue.

Car accidents can result in catastrophic injuries or death. Many car accident lawsuits are brought against a driver whose negligence caused an accident, although an injury attorney in San Diego will also look at other potentially responsible parties, such as a property owner or the car manufacturer. When the liability of a driver is clear, it may be possible to negotiate a fair settlement with the defendant driver’s insurer. When liability is less clear, it may be necessary to pursue damages through aggressive litigation. Walton Law Firm is skilled in both of these settings and works hard to make sure that insurers pay victims what they deserve.

In California, nursing home abuse and neglect can include many different actions and omissions. They often occur in the settings of nursing homes and assisted living facilities, and home health agencies also may perpetrate abuse or neglect. Elder neglect is defined as a caregiver’s failure to use a reasonable degree of care under the circumstances. Many common types of injuries in these cases involve falls with serious injuries that are not properly diagnosed, bed sores, and failures to get appropriate medical care when it is clearly needed. A victim may be able to sue not only an individual staff member but also the facility that employed them.

A wrongful death occurs in California if somebody dies because of another party’s wrongful act or negligence. The decedent’s survivors can file a wrongful death lawsuit in civil court with the assistance of a San Diego injury attorney. A wrongful death lawsuit is wholly separate from any criminal charges that may be filed, and it can be brought even if a conviction is not secured by a prosecutor who has brought criminal charges. Certain family members can bring a wrongful death lawsuit. These include a surviving spouse or domestic partner and surviving children. Other people can bring a wrongful death lawsuit if they were financially dependent on the decedent at the time of their death or in certain other cases.

There are many causes of injuries sustained in motorcycle accidents, including a driver’s failure to yield, a driver’s failure to obey traffic signals, distracted driving, or road hazards. These accidents can result in devastating injuries to a motorcyclist even if the driver of the other vehicle walked off without any injuries. If you are a motorcyclist who was injured through the fault of a driver, you may be able to recover damages by establishing the driver’s negligence. Insurers often look for ways in which the motorcyclist was at fault, even when the liability of the driver is fairly clear, so you should make sure to retain an attorney who knows how to aggressively push back against insurers.

Pedestrians are vulnerable to very serious or fatal injuries. If you are a pedestrian injured by the driver of a larger vehicle, you may be able to recover damages with the assistance of an injury lawyer in the San Diego area. Drivers owe a duty of care to all pedestrians, and this duty can be breached in many different ways. For example, under California Vehicle Code 21960 VC, a driver is supposed to yield the right of way if you are in an intersection or marked crosswalk. A failure to do so is evidence of negligence.

In California, property owners and occupants are supposed to keep a piece of property in reasonably safe condition. This requires them to maintain the property, conduct inspections of the property for dangers, make repairs, and provide warnings of dangerous conditions. If you slip and fall as a result of a dangerous condition on someone else’s property, you may be able to bring a premises liability lawsuit against the property owner or occupant. You will need to show that the defendant knew or should have known of the dangerous property condition to establish liability.

Your ability to recover damages after a car accident depends on the at-fault party having insurance or substantial assets. When an at-fault driver is not insured, is not sufficiently insured, or is a hit and run driver, it may be necessary to turn to your own uninsured or underinsured motorist coverage. In California, auto insurers are supposed to offer uninsured/underinsured motorist coverage to their insured, although the insured is allowed to decline it. If you need to make a claim against your uninsured motorist coverage, you should know that you are in an adversarial position to your insurer. It is wise to consult a San Diego injury lawyer in these situations.

If you are injured in a bicycle accident, you may be able to recover damages from another party that was at fault. Bicycle accidents can be caused by a driver’s negligence or recklessness, an occupant’s dooring of the bicycle, dangerous road conditions, or a negligent pedestrian. There are different theories of liability that may be used to pursue damages, but often a theory of negligence is used. If a loved one dies in a bicycle accident caused by someone else, you may be able to sue for wrongful death damages.

People who are injured in a construction accident for which their employer is responsible may be limited to bringing a workers’ compensation claim. However, if you are injured in a construction accident caused by a third party that is not your employer, you may be able to recover damages in a personal injury lawsuit. Sometimes multiple parties are at fault for a construction accident. In California, when there are multiple at-fault defendants, they can be held jointly liable for the total amount of economic damages. However, they will be only severally liable for an amount of noneconomic damages that is equal to their apportioned percentage of fault.

If you were injured through the fault of another party, you may be able to recover damages by bringing a personal injury lawsuit. The Walton Law Firm represents people in communities such as San Diego, Carlsbad, Oceanside, San Marcos, Vista, Encinitas, Escondido, Poway, Carmel Valley, and San Clemente. Call us toll-free at 866-607-1325 or contact us via our online form for a free consultation.