Personal injury lawsuits are among the most common civil actions taken in the United States. Whenever a person or party causes injury to another, the injured victim has the right to sue for damages to cover his or her medical expenses, pain, and suffering, and any other losses resulting from the incident. While some personal injury incidents may appear straightforward at first, lawsuits can quickly turn into complicated affairs.
If you or a loved one has recently experienced an injury of any kind after an accident, the Chula Vista San Diego personal injury attorneys at the Law Offices of Howard Kitay can fight for justice on your behalf. We can help your family sort through the complicated aftermath of a serious accident, including going up against insurance companies or other defendants. Start your case with a free consultation at our local law office.
Why Choose Us?
- Our lawyers have spent years in the personal injury practice area.
- Our firm has a history of positive case results proving our commitment to justice.
- Our injury attorneys have recovered millions of dollars in settlements and jury verdicts.
- Our firm believes in one-on-one personal client care and attention.
- Our lawyers charge nothing for their services unless they win the case.
What to Do After an Accident in Chula Vista
The actions you take immediately after an accident in Chula Vista can determine the outcome of your case. A skilled personal injury lawyer can work with just about any accident circumstances but taking certain steps directly after suffering an injury will benefit you and your case. Strengthen your case and maximize your odds of compensation by taking as many of the following steps as possible:
Don’t admit fault
No matter what type of accident you’re in, do not tell the other party, police officers, or insurance companies that you caused the accident. Instead of accepting fault, wait for an official investigation to determine the cause of the incident.
Document the incident
Do what you can to record the details of the accident and your injuries. Take photographs of the scene, write down with whom you spoke, and create a detailed description of what you think happened. The more information you record, the better.
Call a lawyer
Protect yourself from the beginning by contacting the Chula Vista San Diego personal injury attorneys of Howard Kitay. We can walk you through all the steps to take after an accident, from finding a great doctor to filing your personal injury claim.
Take any questions, concerns, or fears you may have after an accident to experienced and caring attorneys. Contact our Chula Vista San Diego personal injury attorneys to request a free consultation. We’ll meet with you in person or conduct an over-the-phone interview to get more details about your case. Our firm can help you learn whether someone else could be liable for your damages and how to file your claim within the state’s deadline.
Why Do I Need a Personal Injury Law Firm?
It’s rare that an injured plaintiff can represent his or her own case at trial. While attempting to go this route may save plaintiffs in legal fees, it is always preferable for plaintiffs in Chula Vista to retain the services of a reliable, experienced Chula Vista San Diego personal injury attorney. Attorneys have the legal training and experience to show clients all possible avenues of compensation. While the average person may be able to successfully represent his or her side of a lawsuit before a judge, he or she will likely overlook some potential types of compensation, miss crucial deadlines for filing documents with the court or be unaware of legal concepts that may impact the case.
If legal fees concern you, The Law Offices of Howard Kitay represent every client on a contingency fee basis. This means that plaintiffs only owe our firm a fee if they win their cases. Legal battles can be complex, time-consuming, and incredibly stressful without the right representation. Citizens of San Diego who have suffered injuries and damages due to other people’s actions need aggressive, experienced legal representation to secure the compensation they deserve.
Types of Personal Injury Cases We Accept
A personal injury accident can happen when you least expect it. Someone else’s negligence or act of recklessness could lead to dangerous or deadly conditions on the road, at work, or while grocery shopping. Regardless of the circumstances leading up to your injury, consult with one of our attorneys about your options moving forward. You could have a case against one or more defendants in pursuit of financial recovery.
Auto accidents
Car accidents take hundreds of lives and injure thousands of others in California each year. You could have a claim against an at-fault party for your property damage repairs, medical expenses, and other losses.
Medical malpractice
Medical malpractice occurs when a negligent or incompetent health care practitioner injures or kills a patient. Injured patients may seek financial restitution from the guilty physician and/or hospital in Chula Vista.
Premises liability accidents
If you sustained an injury in a slip-and-fall accident, swimming pool accident, dog attack, elevator/escalator accident, or criminal attack, you may be able to bring a negligence lawsuit against the owner of the property.
Defective product incidents
Defective products are the manufacturing company’s legal responsibility. You may have a product liability claim if you suffered injuries from a defective household appliance, auto part, toy, medication, or medical device.
Workplace accidents
You may qualify for workers’ compensation after a job-related injury, but that might not be the only outlet available for recovery. You may also have the elements for a personal injury lawsuit against a third party.
Finding out whether you have grounds for a case is the first step toward recovering your financial and other losses. A conversation with one of our attorneys can help you understand whether you have a claim – and if so, what type of case you have. We will review your recent accident, gather any available evidence and file the correct type of claim with the Chula Vista civil courts on your behalf.
Common Injuries in Chula Vista
At our law offices in Chula Vista, we accept a wide variety of personal injury cases. These include car accidents, bicycle and pedestrian accidents, truck accidents, slip-and-falls, day care center injuries, medical malpractice, and defective product cases. In our years of practice, our clientele has had many different personal injuries. We do not shy away from cases involving catastrophic injuries or wrongful death. We will work hard to secure the compensation you require for all types of injuries.
- Broken bones
- Burn injuries
- Catastrophic injuries
- Disfigurement
- Head injuries
- Loss of limb
- Permanent disabilities
- Serious lacerations
- Spinal cord injuries
- Traumatic brain injuries
- Wrongful death
The nature of your injuries can determine the value of your claim. In general, more serious injuries will result in higher settlement amounts or judgment awards. Factors such as the severity of your injuries, extent of disability, your age, income, education level, and the impact your injuries had on your life will determine the value of your case. Our attorneys can give you an accurate case evaluation during a free consultation.
Building a Personal Injury Claim
Personal injury law hinges on negligence. If another person or party caused you injury or damage, you’ll only be able to secure compensation if you can prove the damages resulted from reckless actions, carelessness, or general negligence. Proving negligence to the court requires establishing three basic facts:
- The defendant (the party being sued) owed the plaintiff (the party suing) a duty to act with reasonable care. For example, this could mean placing “wet floor” signs on a freshly mopped, slippery surface.
- The defendant breached this duty by some action, or in some cases, inaction. Following the previous example, this could mean failing to place warning signs about the wet floor.
- The plaintiff suffered actual injury or losses, and those damages resulted directly from the defendant’s actions. In some cases, a judge may consider a plaintiff as partially at fault for an accident. In these situations, the state’s comparative negligence laws come into play.
California follows a comparative negligence law, meaning injured plaintiffs only receive compensation in proportion to their percentage of fault. For example, if a judge deems a plaintiff 25% at fault for an incident, his or her compensation drops by 25%. For a $100,000 lawsuit, the plaintiff would receive $75,000 due to his or her share of the fault for the incident.
Winning Your Injury Case
Depending on the type of injuries and damages you suffered from your incident, the compensation you receive may include:
- Medical expenses, including emergency transportation, surgical fees, and long-term rehabilitation costs.
- Pain and suffering. A judge will hear expert witness testimony to determine the severity of a plaintiff’s injuries and award an appropriate figure.
- Lost wages. You can sue for the income you would have earned if an injury prevented you from working for an extended time.
- Property damage. You can also sue for the cost of repair or replacement of any personal property damaged in an incident, such as your vehicle or personal effects.
- Punitive damages. In some cases, judges award punitive damages to discourage similar behaviors in the future.
The attorneys at the Law Offices of Howard Kitay want our Chula Vista clients to receive the compensation they deserve after a damaging incident. When other people or companies are reckless or put others at risk through negligent acts, it’s vital to hold them accountable. When you work with the Law Offices of Howard Kitay, we’ll take the time to fully explore the facts of your case so we can help you secure the compensation you deserve. Contact our team today for a free consultation with one of our Chula Vista San Diego personal injury attorneys.
We have handled enough personal injury cases to know that victims of accidents need to focus on recovering rather than dealing with their insurance company. We want to help you seek maximum compensation so you can focus on returning to life as usual.
Chula Vista Laws to Know
It’s our job to know the laws pertaining to your personal injury case but learning the basics can help give you peace of mind. Learning when you have the right to file a personal injury claim, how long you have to do so, and what types of damages you can expect can give you more control over the outcome of your Chula Vista claim. The following are three laws in California we think you should know as a victim:
The statute of limitations
One of the most important laws is the deadline for filing a personal injury claim, which differs from state to state. In California, you have two years from the date of your injury to file a claim against the responsible party with the courts. The deadline can start on the date of the accident or the date you discover your injuries. If you’re filing an injury claim against the government, you only have six months.
Fault laws
California is an at-fault state for car accident claims. The at-fault party will be the one responsible for paying damages. Victims of car accidents must prove fault to obtain compensation. California is also a shared-fault state, meaning a plaintiff can be partially responsible for injuries and still receive compensation. The courts will reduce a compensation award based on the plaintiff’s percentage of fault.
Damages available
The civil justice system gives accident victims the right to seek recovery for compensatory and punitive damages. These include past and future pain and suffering, medical expenses, lost income, lost quality of life, loss of consortium, funeral/burial costs, and property damage repairs. Only medical malpractice cases have damage caps in California ($250,000 on non-economic damages).
Contact Our Legal Team Today
Our law firm can give you all the information you need about case-specific laws, rules, and regulations. The Law Offices of Howard Kitay welcome accident victims and future clients to contact us for free case consultations in Chula Vista and anywhere in San Diego County. Our lawyers can answer your questions and help you understand your rights as a personal injury accident victim. We can help clients with vehicle accidents, medical malpractice, dog bites, premises liability, child injury, defective products, wrongful death claims, and more.
Call us today at (619) 442-0542 for a free initial consultation with one of our Chula Vista San Diego personal injury attorneys.
