San Clemente Personal Injury

When you suffer devastating injuries caused by the negligent or wrongful actions of another, you should not be forced to absorb the impact on your own. You may have steadily increasing medical expenses, have to take time off of work so you can recuperate from your injuries, and find the emotional distress makes it impossible for you to focus on anything else and get back to your life. When you need a compassionate and highly experienced San Clemente personal injury lawyer you can count on to help you get through some of the most challenging times in your life, look no further than Text Kevin Accident Attorneys.

We have years of trial experience and are not afraid to negotiate with profit-driven insurance companies to help you get the most out of your claim. Are you ready to take control of your future? If so, start by scheduling your 100% free consultation with our personal injury lawyers. When you do, we can discuss how contingency agreements work, how your accident occurred, and which legal options are most likely to return a favorable outcome in your case.

What Makes a Personal Injury Claim Powerful?

Many personal injury victims hesitate to get the legal help they need because they worry that they do not have a strong case. However, as long as we can show that someone else is responsible for causing the injuries you sustained and that your injuries have had a profound impact on your life, you may be entitled to financial compensation.

This does not mean you must have suffered catastrophic injuries to file a claim. If your injuries have made it impossible for you to live life normally, legal action may be appropriate. The amount of compensation you are awarded will be determined by not only the severity of your injuries but also the various types of damages you have endured and the liable party’s insurance status.

Established Liability

Your personal injury lawsuit can only be successful if we can prove someone else is responsible for causing your accident and subsequent injuries. The burden of proof in personal injury lawsuits is based on a preponderance of the evidence under the Civil Jury Instructions Resource Center’s Civil Plain English Comparison under BAJI 2.60. So this means we do not need to prove the defendant is at fault beyond a reasonable doubt. We must obtain compelling evidence that convinces the jury of the defendant’s liability. For example, if you were hit by a driver while walking, we may be able to obtain traffic cam footage of the collision which clearly demonstrates the vehicle striking you.

Once the fault has been established, we can move forward with your case. However, the liable party is also likely to blame you for the accident. They are going to want to escape financial liability wherever possible. Since California follows pure comparative fault laws per California Civil Code 1714, sharing the blame for the accident will reduce your payout. The at-fault party and their legal representative know this and will likely attempt to capitalize on the state’s shared liability laws. Fortunately, when you have a dedicated personal injury attorney in San Clemente advocating for your rights, you can rest easier knowing you will not be taken advantage of and liability will be correctly established in your case.

Tip
In California, if you are partially to blame, you can still be compensated for your losses. Expect your payout to reflect a partial liability deduction. For instance, if you were hit by a car while riding your bicycle, but you were not wearing a bike helmet at the time of the accident, the judge might determine you are 10% at fault. This means you would receive 90% of your personal injury settlement.

Impactful Injuries

Many injury victims worry that their injuries are not severe enough. However, you do not need to have life-threatening or disabling injuries to have grounds for a personal injury claim. As long as your injuries impact your ability to take care of yourself, earn a living, provide for your family, or do other things you were able to do prior to the accident, you have the right to demand fair compensation. Some of the most common types of injuries our San Clemente clients have dealt with include:

• Traumatic brain injuries (TBI)
• Spinal cord injuries
• Broken bones and fractures
• Whiplash injuries
• Third-degree burns
• Post-traumatic stress disorder (PTSD)
• Back injuries
• Soft tissue injuries
• Internal injuries

The Defendant’s Insurance Coverage

In most types of personal injury claims, the liable party will have insurance coverage of some kind. For instance, if you were involved in a car accident, the driver who hit you should have auto insurance. If you were injured in a supermarket or other place of business, the business owner or property owner should have liability insurance coverage. Unfortunately, since California follows fault insurance laws per California Insurance Code – INS § 11580.1, your compensation will be dependent on the defendant’s insurance coverage.

While you might have hoped to avoid going to trial by recovering a settlement from the insurance company alone, these settlements are often insufficient. Not only is the insurer going to push back when you file your claim, but the insurance company is not expected to cover every loss. The types of damages you can be awarded compensation for will be outlined in the liable party’s insurance policy. For car accident cases, for example, the insurance company would likely cover a portion of your medical bills and perhaps your vehicle repair expenses, but they would not provide compensation for your non-economic damages or other types of economic losses.

Note
Even if the insurance company is required to compensate you for specific types of covered losses, they may not cover the total value of these damages. The insurance company is only legally required to pay you up to the maximum policy limits. If the at-fault party only purchased the minimum amount of coverage offered, and your damages exceeded this limit, the insurance company may not be expected to cover the difference. Fortunately, you can still take action and recover the total value of your losses when you move forward with a personal injury lawsuit in Torrance civil courts.

Common Types of San Clemente Personal Injury Claims

Virtually any type of injury or accident could have grounds for a personal injury claim if someone else is responsible for causing the accident. When you are not sure whether you have grounds for a claim, the best way to find out is by consulting a premier personal injury attorney in San Clemente. Text Kevin Accident Attorneys has extensive experience handling multiple types of personal injury cases, including:

• Bicycle Accidents
• Broken bones and fractures
• Car Accidents
• Catastrophic injuries
• Dog bites
• Motorcycle accidents
• Pedestrian accidents
• Scooter accidents
• Slip and fall injuries
• Spinal cord injuries
• Truck accidents

What Happens if You Were Partially At Fault?

Sharing culpability for the accident you were involved in could have a dramatic impact on the outcome of your case. Thankfully, in pure comparative negligence states, you can share up to 99% of the liability and still receive compensation for the one percent of the accident that you did not cause. This is in stark contrast to other states which may follow pure contributory negligence laws or modified comparative negligence laws.

In contributory negligence states like Virginia or North Carolina, if you share even one percent of liability for the accident, you are barred from receiving a settlement. States that follow modified comparative negligence, such as Massachusetts or Florida, put a limit on the amount of blame you can share. Generally, if you are more than 50% responsible for the accident, you are prohibited from receiving a settlement award in states that follow modified comparative fault laws.

Local Results

Detainee Received $1,045,000 Settlement for Head Injury During Police Car Accident While Being Transported in Los Angeles

Pro Tip
If you hope to protect your settlement and avoid unjust shared culpability claims, make sure your San Clemente personal injury attorney establishes liability with compelling evidence.

Life is better now!

Its going to be tough to thank Kevin enough! His guidance, support and optimism from day one helped me get thru the arduous process of appointments and treatments required to recover from my injuries and pay the bills.

My calls were returned promptly, I always felt he “truly” cared about me, my case and the outcome. I know he fought hard and brought my case to a very successful conclusion (the Max).

“OH” and can’t forget, His support team gets 5 stars as well.

Thank you Kevin, Thank you!

Rob Peltier
San Clemente, CA Accident

Contact a Dedicated San Clemente Personal Injury Attorney With Text Kevin Accident Attorneys

Your catastrophic injuries are not only physically demanding but emotionally taxing and financially draining. Without legal intervention, you may find your entire life permanently affected by the accident you were involved in and the injuries you sustained. Let us help you make the liable party pay.

Our San Clemente personal injury lawyers with Text Kevin Accident Attorneys are standing by ready to help you recover maximum compensation for your suffering and damages. When you are anxious to hold the liable party accountable for their negligence but have no idea how to get started, connect with our legal team to empower yourself to take action. Fill out our quick contact form or call our office to schedule your free, no-obligation consultation as soon as today.

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