Personal Injury Issues in San Diego, CA
Do you have injuries from an accident in or around San Diego or Southern California due to another’s negligence, recklessness, or intentional misconduct? If so, California law may give you a right to sue and recover damages as compensation.
Common Strategic Challenges in a Personal Injury Lawsuit
There are a number of strategic challenges that prospective plaintiffs may face in a personal injury lawsuit. These include the following:
Avoiding Problematic Disclosures
It’s possible to say “too much.” Disclosing sensitive information at the scene of the accident, or to an insurer or police, may result in it used against you.
For example, if you try to explain what happened to your insurer, then they may incorrectly interpret the accident as your fault. Then, in turn, use it as justification for claim denial. In order to avoid this issue, work with an attorney at an early stage. They will speak on your behalf, and also, prevent any problematic disclosures.
Challenging Inconsistent Narratives
The defendant may have a different factual narrative than you. With a colliding narrative, you’ll want to show the court that your narrative is more “trustworthy” or legitimate. To do so, you’ll have to introduce evidence that undermines the character of the defendant (or other witness whose narrative conflicts with yours).
Establishing liability in a California personal injury case requires that you prove that the defendant caused your injuries. You’ll have to show that there is a “causal link” connecting the defendant’s actions to your injuries. If there is an event in the causal chain that is not reasonably foreseeable, it will sever the causal link and you won’t be able to recover from the defendant.
However, it’s worth noting that so long as you can show that the defendant is at least partially at-fault, you’ll be able to recover a portion of the damages claim.
Supporting the Damages Claim
A successful case doesn’t favorably resolve by establishing the liability of the defendant. Success also hinges on recovering a reasonable amount of damages. If the defendant is found liable, but the court lowballs the damages they owe, then the result may be unsatisfactory. Skilled attorneys invest a great deal of time and resources to develop evidence, so that it justifies your damages claim.
Contact 1-800-THE-LAW2 for a Free Consultation with a San Diego Personal Injury Lawyer
If you have injuries from an accident, it’s important to get in touch with a qualified San Diego personal injury lawyer as soon as possible. In California, all civil disputes have an attached “statute of limitations” period. It acts as a deadline on your claim. If you do not file your claim before the applicable deadline, then the case may result in automatic dismissal.
The nature of litigation is time-sensitive, and a delayed claim is possible. So, one of the first steps you should take in your post-accident journey is to consult a personal injury attorney.