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San Luis Obispo Personal Injury Attorney
SKILLED PERSONAL INJURY LAWYERS SERVING SAN LUIS OBISPO, CA
Personal injury may result from different types of accidents. A couple of laws come into play when you get involved in any of those accidents. The common claim, however, is negligence.
To claim damages in personal injury cases you must show that defendant owed you a duty of care, or a degree of responsibility. You must also show that there was a breach of that duty and that breach is the proximate cause of your injury.
Sometimes liability under the law for personal injuries may attach to more than one person. Other times, the defendants could claim that your carelessness was a proximate cause of the accidents leading to your injuries.
These are provided for under different laws in force in San Luis Obispo. The law further provides for certain rules to guide in determination of liability, quantum of damages and statute of limitations which we explain later in this article.
No matter what the other party alleges or claims however, you should not suffer for an accident that was not entirely your fault. We can still help you recover compensation for the harm you have suffered.
The Comparative Negligence Rule
Proving fault in a personal injury case has its own complications as it depends on a myriad of factors and the type of accident. In some instances, the defendant may object to your claim by stating that you have some share of the fault.
The previous rule used to be the rule of contributory negligence. Under this rule, if the defendant can show that you were equally reckless in the event leading up to the accident, your claim abates. Claimants under this rule cannot obtain compensation for injuries caused to them if they were careless.
Due to its relative harshness, the doctrine was eventually replaced by the rule of comparative negligence due to harsh nature. The comparative negligence rule applies a system of allocation of fault to determine fair compensation payable to claimants. California is a pure comparative negligence state and this applies to San Luis Obispo.
Thus, if you are partly to blame for your personal injuries, you may still be able to claim damages from the defendants. The goal is to reduce the compensation by the proportional responsibility of the plaintiff. For example if the court finds the portion of your guilt to be 30% and the total compensation to be awarded is $100,000, you will only be entitled to receive $70,000.
We Can Help You Recover Compensation On Your Personal Injury
Injuries in personal injury claims could be minor, major or even fatal. These injuries cause financial, physical and emotional trauma to victims and their families. As an injured victim, it is your right to claim damages from defendants for injuries caused to you.
While it is true that you can recover damages by yourself, it is not advisable to say the least. This is because to recover damages for personal injury in San Luis Obispo, you must have basic understanding of the applicable laws. Practical knowledge also helps in measurement of quantum of damages recoverable. This is why you need an attorney.
We have years of experience representing victims in personal injury claims to recover compensation in a wide range of personal injury claims including dog bites, construction site accidents etc. Sometimes this involves fighting huge insurance companies and providing quality legal representation in and out of court.
Insurance companies are business oriented and may not care for your interests. They are often looking to shave off your entitlements or deprive you of same by engaging quality lawyers to represent them. To ensure you are not shortchanged you need a local experienced personal injury attorney and our San Luis Obispo Personal Injury Lawyer is ready to help you.
Obtaining early medical attention and recovering mentally and physically from injuries is very important to us as your attorneys. It is crucial to our evaluation of what constitutes fair compensation in your case and how we can help you in the fight against insurance adjusters.
Statute of Limitations
Statute of limitation is legalese for the window of opportunity open to a plaintiff within which he must file a lawsuit. Under California civil code which is applicable to San Luis Obispo, the general rule claims in personal Injury must be brought before the court within two years after the incident.
If the accident involves a government entity, it must be brought within 6 months after the accident occurred. For instance, if you have been hit by a county bus, you may be able to claim damages in a lawsuit against the government if you institute your action within 6 months.
Failure to institute your action within the stipulated time renders your case statute barred. Filing a claim early when you still have the luxury of time may be very important leverage against Insurance companies. They will most likely be unwilling to pay compensation if time has run out on your claim.
Speak to Our Experienced San Luis Obispo Personal Injury Attorney Today
Have you sustained personal Injury due to the negligence of another? Do not sit back and watch your chances of recovering fair compensation slips away. Book a free initial consultation with us or call us at (805) 542-9900 to discuss your case.