Personal Injury Lawyers San Diego
Frequently Asked Questions for California Clients and Prospective Clients
- What is Personal Injury?
- What financial compensation can I recover in a personal injury claim?
- How do I know if I have a case?
- How do I know if I need an attorney?
- What is a Contingency Fee?
- If I have an injury case do I have to go to court?
Personal injury law refers to the area of civil law designed to obtain compensation for personal injury resulting from the negligence of another party. Initially, a personal injury lawyer tries to negotiate a settlement with the opposing party or their insurance company. If necessary, and if the lawyer believes the case to be strong, the case may proceed to trial.
The main concerns in a personal injury case are negligence and liability. Before you can collect a monetary award, a personal injury lawyer will have to prove that the defendant is liable. To prove liability, the lawyer must establish that the defendant was negligent. Negligence is typically defined as conduct that falls below a standard of reasonable care. Once liability has been established, the judge or the jury may award money to compensate for medical costs, lost wages and lost future earnings, as well as for pain and suffering.
Personal Injury is any physical or mental injury to a person that is the result of another person’s negligence or harmful act. Personal Injury involves civil law cases as opposed to criminal law cases which involve a defendant and the State of California. San Diego personal injury lawyer Richard Roy has experience in representing accident victims who have suffered serious personal injury. Personal injury is often referred to as bodily injury, and can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:
- Auto Accidents
- Dangerous or Defective Product Injuries
- Motorcycle Accidents
- Boating Accidents
- Slip and Fall Accidents
- Dog Bites
- Medical Malpractice
- Wrongful Death Accidents
- Large Truck Accidents.
What financial compensation can I recover in a personal injury claim?
Accident victims may be entitled to recover money damages for all losses and expenses that they suffered as a result of the accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:
- Medical bills
- Lost Wages, including overtime
- Pain & Suffering
- Physical Disability
- Disfigurement
- Permanent Scars
- Emotional Trauma
- Mental Anguish
- Loss of Enjoyment
- Loss of Love & Affection
- Embarrassment
- Mental Disability
- Property Damage, and
- All out of pocket expenses (transportation charges, doctor/hospital bills, medical equipment, etc).
How do I know if I have a case?
In order to prevail in a personal injury lawsuit in California, you must be able to show that you have been injured and that your injury resulted from the intentional or negligent conduct of another. The injury may be a physical injury or it may be an emotional injury. By consulting with the California personal injury lawyers at Richard Roy, you will be in a better position to determine whether or not you have a case and the strength of your case.
How do I know if I need an attorney?
If you have been seriously injured in California and are unsure as to the outcome of your injury, consult an experienced California personal injury lawyer as soon as possible; before you give any statements or sign papers of any kind. There is a statute of limitations that requires you to file a lawsuit within a specific period of time, depending upon the circumstances of your case, or else you will be prohibited from filing a lawsuit and obtaining any compensation for your injuries. The San Diego personal injury lawyers at Richard Roy will be able to advise you on the applicable statute of limitations for your injury case.
A contingency fee is a fee that is used by lawyers in most personal injury cases and is dependent upon the lawyer's successful resolution of your case. A contingency fee is paid as a percentage of your monetary recovery; typically it is one third of the awarded settlement. A contingency fee is what is meant when you hear “there is no fee unless we win your case."
If I have an injury case do I have to go to court?
Most cases in California are settled out of court between opposing lawyers, or by the lawyer for the plaintiff and the insurance company. If a case does go to trial, you most likely will have to appear so that your testimony can be heard.
If you or someone you know in San Diego or anywhere within the surrounding cities and counties of California needs the assistance of an experienced personal injury lawyer, contact the Law Offices of Richard R. Roy, APC at 1-866-715-6760 or via their contact form on this site, to schedule a free consultation with an experienced San Diego personal injury lawyer.
