Personal Injury Claims in Fresno

Q: When should I file a personal injury lawsuit?

A: You should file a personal injury lawsuit whenever you think a person or entity is responsible for the harm you have suffered. If you think their reckless or negligent actions contributed to your injuries, you should consider filing a personal injury suit against them.

Q: How do I prove negligence in a personal injury lawsuit?

A: In California, like in many other jurisdictions, a personal injury lawsuit based on negligence typically requires the injured party (plaintiff) to prove certain elements in order to establish the defendant's liability. These elements are essential components of a negligence claim and must be demonstrated to succeed in a personal injury case. The elements of negligence in California are as follows:

• Duty of Care: The plaintiff must establish that the defendant owed them a duty of care. In other words, the defendant had a legal obligation to act reasonably and prudently to prevent harm to others in similar circumstances. The existence of a duty of care is determined by the specific facts of the case and the relationship between the parties.
• Breach of Duty: The plaintiff must demonstrate that the defendant breached their duty of care. This means that the defendant failed to act in a manner that a reasonably prudent person would have under similar circumstances. It involves showing that the defendant's actions or inactions fell below the standard of care expected of them.
• Causation: The plaintiff must prove both causation in fact and proximate causation. Causation in fact, also known as "but-for" causation, requires showing that the defendant's breach of duty was a substantial factor in causing the plaintiff's injuries. Proximate causation, or legal causation, involves demonstrating that the harm suffered was a foreseeable consequence of the defendant's actions.
• Damages: The plaintiff must have suffered actual damages as a result of the defendant's breach of duty and the resulting injury. Damages may include medical expenses, lost wages, pain and suffering, property damage, and other losses related to the injury.
   

Q: How are personal injury claims calculated?

A: The value of a personal injury claim is determined based on the evidence in your case. Courts will generally use the following factors to figure out how much your personal injury case is worth:

• The entire costs of your injury treatments and medical expenses
• How much income you lost out on because you were injured
• If your injuries are permanent or temporary

Q: Can I claim personal injury if I was at fault?

A: Personal injury claims only cover incidents where your injury was the result of another person’s or organizations’ negligent act or breach of duty. If you are at fault for your injury, you can’t file a personal injury claim.

Q: Can I appeal a personal injury case?

A: Yes, you can appeal a personal injury case. Appealing your case gives you the opportunity to have the court overturn a jury’s decision. In most situations, you can ask a higher court to review the judgment of your case and overturn it. Depending on your case, you can make the request directly with the court that presided over your trial. You might also be able to get a motion for a new trial.

Q: What type of damages am I eligible for?

A: In a personal injury lawsuit in California, various types of damages may be available to compensate the injured party (plaintiff) for their losses and injuries. These damages are intended to make the plaintiff "whole" to the extent possible and cover various aspects of harm suffered as a result of the defendant's negligence or wrongful conduct. The specific types of damages that can be sought in a California personal injury case include:

• Special (Economic) Damages: These are specific, quantifiable losses that have a clear monetary value, such as medical bills, property damage, and lost wages. Special damages are easier to calculate because they are supported by documentation and receipts.
• General (Non-economic) Damages: General damages are non-economic losses that are not as easily quantified. Pain and suffering, emotional distress, and loss of enjoyment of life are examples of general damages. These damages are more subjective and typically require the testimony of experts or other evidence to establish their value.
• Wrongful Death Damages: In wrongful death cases, where a person dies as a result of another party's negligence or wrongful conduct, damages may be awarded to surviving family members. These can include funeral expenses, loss of financial support, and loss of companionship.
• Punitive Damages (in some cases): Punitive damages are intended to punish the defendant for particularly egregious behavior and to deter similar conduct in the future. They are not typically awarded in most personal injury cases but may be available in cases of extreme recklessness or intentional misconduct.

Q: How long will my personal injury claim take?

A: The amount of time it takes for a personal injury case will depend on the context and circumstances surrounding your injury. Some cases can be relatively straight forward, while others are complicated and require litigation and lengthy court proceedings. Determining a precise length of time for your personal injury case is an impossible feat. Some cases can be as long as a couple of months, and others can take years to resolve.

Q: What Should I Look for in an Attorney?  

No matter the personal injury incident you were involved in, you deserve to work with an attorney who can help you achieve the most desired outcome. However, finding the right attorney for your case is complex, and many people are unsure where to begin looking.

When doing preliminary research or having an initial consultation with a potential lawyer, consider these factors before deciding.

Courtroom Experience

Although very few personal injury cases wind up in the courtroom, working with an attorney with litigation experience can make a difference in your outcome. Not only will they be prepared to take on the at-fault party in court if need be, but they may also be able to see different factors that could strengthen or weaken your case that otherwise would go overlooked.

Success Rate and Client Satisfaction

Many attorneys have handled hundreds of cases in their careers, but you should be more concerned with the quality of their casework, not the quantity. When looking for the right law firm, you'll want to pay attention to whether or not they have a high success rate in cases like yours. For example, if you need representation for a car accident case, you’ll likely want to work with someone who has successes in this area instead of one who primarily tries cases in workers’ compensation or something otherwise not relevant to your situation.

Additionally, you can learn a lot about law firms by listening to clients talk about them. If you are meeting with an attorney based on a recommendation or a referral, there's a higher chance that they've been able to provide excellent representation for their clients.

Communication Expectations

Knowing what to expect in terms of communication from your attorney could make you feel more comfortable working with them, but this should be an open conversation from the start. Discuss this beforehand if you expect to only hear from them when there are major updates or want to work one-on-one with the attorney rather than a case manager or paralegal. Should a potential attorney not meet your communication expectations, they may not be the right fit.