San Juan Capistrano Personal Injury Lawyer

Every day, millions of Americans suffer injuries. These injuries could result from various situations, such as sports, pets, car crashes, and more. When the injuries result from an event that occurred because someone lacked judgment or care, the victim may be eligible for compensation for their injuries.

These situations are legally known as personal injury cases. According to the United States Department of Justice, the most common cause of personal injury accidents is motor vehicle accidents, at 52 percent of all personal injury accidents. Medical malpractice and products liability are the next two major causes of personal injury claims.

Regardless of how a personal injury occurred, a San Juan Capistrano personal injury lawyer could help you pursue compensation for your injuries. Since personal injury laws can be complicated, a skilled personal injury attorney would help you navigate the laws and craft a case according to your specific circumstances.

Types of Cases in San Juan

A personal injury is an injury that occurred in whole or in part due to the actions or inactions of another party. Cases that fall under personal injury law include:

  • Car or truck accidents
  • Dog bites
  • Slip and fall injuries
  • Boating accidents
  • Near drownings
  • Bus accidents
  • Medical malpractice
  • Premises liability
  • Products liability

Personal injury laws can be found in California Civil Code § 1714. Under this code, negligence-based injury actions can be brought if a person lacks reasonable care and injures another person or damages their property.

Personal Injury Laws

For the plaintiff to win a personal injury lawsuit or to receive a fair settlement in San Juan, they must prove several points. First, they must prove the defendant acted outside the scope of what a reasonable person in a similar situation would have done and was therefore negligent in their actions. This establishes the defendant’s liability. Second, the plaintiff must prove they suffered damages directly because of the negligence of the defendant.

Deadline to File a Civil Suit

All too often, injured individuals make the mistake of thinking they have an unlimited amount of time to file a personal injury claim. However, under California Code of Civil Procedure § 335.1, claimants are limited to two years after the date of the injury to file their lawsuit.

Waiting past this deadline, known as the statute of limitations, can void a plaintiff’s right to seek recovery for their injuries. While they can still file a civil lawsuit, the court is not obligated to allow the case to stand and will likely throw out the case at the request of the defendant.

For questions about how the statute of limitations may impact a case, victims in a personal injury case should contact a well-versed San Juan Capistrano personal injury lawyer in  as soon as possible. The sooner a plaintiff hires legal representation, the better their chances are of preserving vital evidence in the case.

Speaking with a San Juan Capistrano Personal Injury Attorney

After sustaining injuries from an injury, paying for medical bills can be overwhelming and sometimes impossible. Filing a personal injury lawsuit may be the first step in getting these bills paid and recovering other financial and noneconomic losses. Call today to learn how a compassionate San Juan Capistrano personal injury lawyer can help you.