Dana Point Personal Injury Lawyer

No matter their severity, personal injuries could result in tremendous personal and financial burdens for those harmed. If you were hurt as the result of someone else’s careless or reckless behavior, you may wish to speak with a compassionate Dana Point personal injury lawyer about your rights.

After an accident that was not your fault, you should not have to face the consequences alone. Unfortunately, the legal system to file a successful claim for recovery can be intimidating and overwhelming for underrepresented claimants, especially when they are suffering from serious trauma. By working with a skilled personal injury attorney, you may have a much better chance of building a persuasive and successful case for compensation.

Determining Fault in Personal Injury Claims

Injuries are often the result of someone else’s negligence. Negligence is a legal theory outlined in the California Civil Code §1714 which states that every citizen has a legal obligation to protect the safety of others. When this duty is breached and results in an accident, the responsible party may be deemed legally negligent.

Car crashes are a frequent cause of an actionable injury and a good example of a typical personal injury case in Dana Point. If another driver causes an accident because they were speeding, their reckless behavior could be a clear example of legal negligence in most situations. Other common causes of injury may include falling incidents, medical mistakes, and dangerous consumer goods.

Even if supporting evidence seems clear, though, negligence may still be difficult to prove in court. If a claimant’s injury resulted from someone else’s careless action or inaction, a tenacious Dana Point personal injury lawyer could help them prove negligence and seek appropriate restitution for their injuries.

What Happens if a Plaintiff Is Partially at Fault?

The State of California allows for “shared fault” injury claims, in which the injured party may be found partially to blame for their own injuries. An example of this might be a car wreck where the injured party failed to yield properly to a driver who was speeding. The compensation available to a partially at-fault claimant is judged based on the amount of blame that could be ascribed to someone else.

If a court determines that a claimant bears 20 percent of the total fault for their injuries, the damages they may recover from a defendant would be reduced by that same percentage. A personal injury attorney in Dana Point may be able to help in determining how much fault can be ascribed to each party and what actions tot ake based on their unique circumstances.

The Statute of Limitations in Dana Point

The State of California has a statute of limitations for filing personal injury claims. Pursuant to California Code of Civil Procedure §335.1, this statute sets a two-year time limit from the date of an accident within which a claimant must file their case in order to be eligible to recover damages.

While there are rare exceptions to this statute, an injured individual should endeavor to file a claim that meets this timeline to try and avoid dismissal. With the help of proactive legal counsel, a claimant should be able to build a claim that meets this deadline.

How a Dana Point Personal Injury Attorney Could Help

After a serious accident in which you sustain a severe injury, you may face a plethora of medical bills and a loss of income from an inability to work. Beyond this financial toll, you may also suffer from psychological and emotional trauma.

If your injuries were due to someone else’s negligence, you may benefit from speaking with a Dana Point personal injury lawyer about your right to pursue compensation. A seasoned attorney may be able to help guide you through the process of determining negligence and filing a successful claim. Call today for a consultation.