Were you seriously injured in La Jolla, California? You could be entitled to compensation if someone else is responsible for your injury. A La Jolla personal injury lawyer can help you identify your legal options and seek the money you deserve.
At Mission Personal Injury Lawyers, we’ve helped countless individuals and families obtain the compensation they need after an accident or injury. We’ve recovered tens of millions of dollars in settlements and jury awards for clients just like you. You can count on us to use our four decades of combined experience to benefit your claim.
Call our law firm to schedule a free consultation with a La Jolla personal injury lawyer. We’re standing by to discuss your case.
How Mission Personal Injury Lawyers Can Help After An Accident in La Jolla
We know how scary injuries can be. They can result in extensive (unexpected) medical expenses, and they can force you out of work while you recover. If someone else caused your accident, they should be on the hook for your losses — not you. Our La Jolla personal injury attorney can hold at-fault parties responsible for your damages related to their negligence or conduct.
Mission Personal Injury Lawyers has 43 years of combined experience as personal injury trial attorneys. We have achieved a 99% success rate for the cases we handle. Our success has earned us recognition by Super Lawyers, Rising Stars, and Best of the Bar.
When you hire us, you can expect our legal team to work tirelessly to:
- Investigate the cause of your accident and identify liable parties
- Negotiate the best possible settlement with insurance adjusters and defense attorneys
- Keep in constant contact with you during your recovery process
- Consult with leading experts to strengthen your claim when necessary
- Take your case to trial to protect your rights
Let us be your dedicated team of La Jolla personal injury lawyers. Call or contact us online to schedule a free consultation with a member of our legal team. Our attorneys are fluent in English and Spanish.
At Mission Personal Injury Lawyers, we are motivated to get you the best possible results in a time of need. We realize that each case is unique because each individual is unique.
We are proud to serve La Jolla and the surrounding communities in these exclusive areas:
- Car accidents
- Motorcycle accidents
- Aviation and boating accidents
- Construction accidents
- Train accidents
- Bus accidents
- Big rig accidents
- Nursing home abuse & neglect cases
- Sexual abuse cases
- And more
Call us now for a free consultation. We’ll help you figure out your legal options – we are available 24 hours a day, seven days a week, to take your call.
Don’t Wait, Call Mission Personal Injury Lawyers Today
You need peace of mind and time to heal. You need support from an experienced team of attorneys. At Mission Personal Injury Lawyers, our trial attorneys promise to extend our hand and help you through this difficult time.
Call our La Jolla personal injury attorneys today for your free case review. Let’s discuss how we can get you the compensation you need after your injury.
Do I Have a Personal Injury Case?
Accidents and injuries come in all different forms. But not all injuries qualify for a personal injury case. To have an injury claim, you must have suffered losses due to someone else’s negligence or intentional misconduct. These losses, also called damages, are usually financial in nature but can also be emotional or psychological.
If you did not suffer damages after an injury, you do not have a case against the person that injured you.
Why Should I Hire a Personal Injury Lawyer?
A personal injury lawyer will be your strongest ally as you pursue your injury claim. Without a lawyer, you run the risk of getting less compensation than you deserve — or none at all. Insurance companies look for any reason to deny or undervalue claims. A personal injury attorney can look out for your best interest throughout the claims process.
They can conduct an investigation to gather evidence of another party’s negligence. They can also calculate your damages, including future losses you might suffer. They can even consult with experts to strengthen your case. Most importantly, they will negotiate with the insurance company for a fair settlement amount or take your case to trial to get what’s fair.
Why Should I File a Personal Injury Claim?
A personal injury claim may be your only method of recovering compensation after an injury or accident. Injury victims often sustain significant damages after an accident, from medical expenses and lost income to emotional distress and pain and suffering. By filing an injury claim, you can seek compensation for your losses and return (as much as possible) to your financial position before the accident.
How Much is My Case Worth?
Every personal injury case is unique. The value of your case will depend on the circumstances of your injury or accident. There are several factors that will influence your claim’s worth, including the severity of your injuries, the cost of your medical bills, the length of your recovery, available insurance coverages, and comparative fault. The best way to determine the value of your case is to consult a La Jolla personal injury lawyer.
How Long Do I Have to File a Lawsuit?
In California, you have two years to file a personal injury claim for most accidents. This deadline, known as “the statute of limitations,” typically starts running on the day of your accident. In some cases, the clock won’t start running until you discover your injuries — if your injuries were not immediately apparent after your accident. If you miss the deadline, you will not be able to recover compensation for your claim.
What Compensation Can I Get in a Personal Injury Case?
There are two types of damages you can recover in personal injury cases: economic and non-economic. The purpose of these damages is to “make you whole again” through financial compensation. Economic damages represent your financial losses after an injury and include medical bills, lost income, and property damage. Non-economic damages account for your non-financial losses after the accident, such as emotional distress, reduced quality of life, and pain and suffering.
There is no limit to the amount of compensation you can recover in a personal injury action in California. However, non-economic damages are limited to $250,000 in medical malpractice cases.
What If I’m Partially At Fault For the Accident?
In California, you may still be able to recover damages if you are partially at fault for an accident. California law follows pure comparative negligence rules for cases involving shared fault. Therefore, your damages will be reduced to account for your share of blame. For example, if you are 30% at fault, you can only recover 70% of your damages.
The defendant is required to show proof of your negligence in the accident and that your negligence was a substantial factor in causing your injuries. If the defendant is successful, your contributory negligence will diminish your total award.
How Can a Personal Injury Lawyer Help Me After an Accident?
An experienced La Jolla personal injury lawyer can help you determine the best possible route for your personal injury claim. They will identify liable parties, locate responsive insurance policies, and gather evidence proving your claim. They will also help you calculate your damages related to the accident, using expert help when necessary. With this knowledge, they will negotiate for the highest possible settlement for your claim. If the insurance company or defendant refuses to settle, your personal injury lawyer can take them to court to recover what they owe you.
How Much Does it Cost to Hire a Personal Injury Lawyer?
Typically, you will hire your attorney on a contingency fee basis. This means that the attorney only gets paid if they win or settle the case. Your payment for your lawyer’s services is contingent upon them recovering compensation.
If your lawyer is successful, they will take a pre-agreed-upon percentage of your settlement or verdict. Usually, the percentage is about 33.3% of the award but can be as high as 40%, depending on the case. Your attorney will take their percentage before you receive your settlement; they may or may not deduct case costs from the amount also. Costs associated with your case might include court filing fees, printing costs, and expert fees.
State PI Laws Brief Overview
There are many state personal injury laws that can affect your personal injury claim.
Determining fault in personal injury claims: California follows pure comparative negligence laws. If a jury finds that a plaintiff was partially responsible for their injuries, it will reduce the plaintiff’s financial award by their percentage of fault.
Damages: There is no cap on economic or non-economic damages in most personal injury claims. However, non-economic damages for medical malpractice claims are capped at $250,000. Additionally, in California, if you were uninsured at the time of a motor vehicle accident, you cannot recover non-economic damages for your pain and suffering.
Statute of Limitations: California gives accident victims two years from the date of their accident to file a personal injury lawsuit. If a victim misses the deadline, they will be barred from initiating a lawsuit.
What is Negligence?
Negligence is the legal standard for most personal injury claims, including motor vehicle accidents, slip & falls, and premises liability cases. As the plaintiff, you will have to prove the defendant was negligent in causing your injuries or accident to recover compensation. You must show the defendant owed you a duty of care, breached their duty, and caused your accident. You must also prove you suffered damages due to their conduct.
How Do You Prove Negligence?
Your La Jolla personal injury lawyer will prepare evidence and arguments for each of the four elements of negligence.
You are responsible for providing evidence that:
- The defendant owed you a duty of care. In many instances, a person has a duty to avoid harming others. For example, a driver has a duty to obey traffic laws and drive safely. Property owners have a duty to keep their premises safe for guests. Medical providers have a duty to provide competent medical care.
- The defendant breached that duty of care. You will have to show the defendant acted unreasonably in the circumstances that led to your injuries.
- The defendant caused your injuries. You must prove the defendant is the actual and proximate cause of your injuries. You must show your injuries were foreseeable and would not have happened but for the defendant’s conduct.
- That you incurred damages from your injuries. You must prove you suffered economic and/or non-economic damages related to your injuries.
It’s essential to hire an experienced trial attorney to help you prove negligence.
What is a Personal Injury Case?
A personal injury case is a legal dispute where an injured party claims that another party is responsible for damages associated with their injury. The injured party is the plaintiff. The alleged at-fault party is the defendant.
Personal injury cases are filed in civil court. The plaintiff has the burden of proof to show the defendant caused their injuries to recover compensation. Personal injury cases often involve car accidents, slip and falls, medical malpractice, premises liability, and product defects.
Will My Case Go to Trial?
It’s ultimately your choice of whether you would like to go to trial. Most personal injury cases are settled through negotiation before they even have the chance to go to trial.
However, suppose you are not satisfied with the negotiation process or the defense is unwilling to offer a fair settlement. In this case, it may be in your best interests to go to trial. At trial, an unbiased jury will listen to your case. It may award even more than you were requesting for a settlement. This is why it’s essential to have an experienced trial attorney advise you of your options.
What Should I Do If I’m Injured in an Accident?
If you were injured in an accident, you should first seek medical care. Prompt medical attention will protect you from further injury and preserve your injury claim. If you wait to seek medical care, the defendant may claim you failed to mitigate your damages after the accident.
Depending on the accident, you may want to call 911. For car accidents, you may have to call 911. The dispatcher can send emergency medical services and law enforcement to the scene. A police officer will likely create an accident report containing valuable information for your injury claim.
You should also contact a dedicated La Jolla personal injury lawyer to discuss your options after the accident. They will advise you of your rights to compensation and help you recover the money you need after the accident.
Who Can Be Liable In a Personal Injury Case?
Any party whose careless or negligent conduct injured you can be held liable in a personal injury case.
The following parties are often named as defendants in injury cases:
- Negligent drivers
- Commercial vehicle drivers or companies
- Businesses and restaurants
- Property owners
- Medical Professionals, including surgeons, physicians, pharmacists, and nurses
- Product manufacturers or distributors
In most cases, an insurance company will be responsible for paying your damages. A personal injury lawyer can help you identify the liable parties in your case.
How Long Will My Personal Injury Case Take?
Every case is different. The length of your case will depend on how you were injured and the complexity of the facts involved. Personal injury cases that are resolved through the insurance claims process have the shortest time frame. These claims can often be resolved in six months or less.
Cases involving severe injuries and complex fact patterns typically take longer to resolve. You will need to reach maximum medical improvement before you settle your claim. Cases that go to court can take a year or more to complete. Your lawyer’s goal is to complete your cases as quickly as possible without compromising the full value of your claim.
What’s the Burden of Proof in a Personal Injury Case?
In a personal injury case, a plaintiff has to prove the defendant is negligent by a “preponderance of the evidence.” This means that the jury must find that the plaintiff’s version of events is “more likely than not.” The defendant is not required to prove their case unless they raise affirmative defenses.
What is the Personal Injury Claims Process?
If you’ve been injured by someone’s negligence, you may be entitled to compensation. You will typically start the personal injury process by filing an injury claim with the insurer for the at-fault party. The insurer will assign an adjuster to investigate your claim and collect evidence of your damages.
If the insurer accepts liability for your claim, they will offer you a settlement to compensate you for your losses. You and your attorney can negotiate for a higher settlement if you believe the initial offer is deficient. If the insurer refuses to offer a fair settlement, you may need to file a personal injury lawsuit against them.
Do I Have to Go to the Doctor After an Accident?
You should seek immediate medical care after an accident; even the smallest injury can lead to life-altering consequences. You may not feel the effects of serious injuries until days or weeks after your accident. Prompt medical treatment will protect your health and your injury claim.
Who Pays My Medical Bills?
The goal is to get the defendant and their insurance company to pay your medical bills. However, you have to go through the personal injury claims process to negotiate a settlement or obtain a verdict from the defendant.
Without a settlement or judgment, you are responsible for paying your own medical bills. It’s important to find an experienced La Jolla personal injury attorney to help you prepare the best legal claim.
Local Resources in La Jolla, San Diego County
- Awaken Family Chiropractic-7734 Herschel Ave Suite F, La Jolla, CA 92037
- Radin Chiropractic-7946 Ivanhoe Ave #216, La Jolla, CA 92037
- Active Rest Chiropractic-7580 Fay Ave #302, La Jolla, CA 92037
- Team Elite Chiropractic, La Jolla-7710 Fay Ave, La Jolla, CA 92037
- G. Ryan Dominguez, MD-9850 Genesee Ave #810, La Jolla, CA 92037
- Elaine Sapiro, MD-8910 Villa La Jolla Dr, La Jolla, CA 92037
- Stuart C Marshall, MD-7301 Girard Ave #300, La Jolla, CA 92037
- UC San Diego Health Primary Care Family Medicine-9850 Genesee Ave # 320, La Jolla, CA 92037
- Scripps Memorial Hospital La Jolla Emergency Room-9888 Genesee Ave, San Diego, CA 92037
- UC San Diego Health Emergency Department (ER)-9434 Medical Center Dr, La Jolla, CA 92037
- VA San Diego Healthcare System Emergency Room-3350 La Jolla Village Dr, San Diego, CA 92161
Auto Repair Shops
- Family Auto Service-1027 Virginia Way, La Jolla, CA 92037
- Colonial Garage Smog, Registration Service & Auto Repair – La Jolla DMV-7618 Herschel Ave, La Jolla, CA 92037
- Mason’s-Servicing BMW Automobiles-7464 Draper Ave, La Jolla, CA 92037
- Machtane-7516 High Ave, La Jolla, CA 92037
*Disclaimer – we do not endorse these companies or profit from having them listed on our website.