What Should I Expect During My Injury Claim?
This might be the very first time you've suffered an injury serious enough to consider taking legal action. Let our attorneys walk you through the most common processes that claimants undergo in the pursuit of damage compensation. While each case is different, there are certain actions and protocols that remain more or less the same. A conversation with one of our esteemed attorneys will help you determine exactly what to expect from your specific case. Here's a general idea of what happens during a personal injury case in San Diego:
#1. You suffer an injury and think someone else's negligence is to blame. For a personal injury claim to be valid, someone else must have caused or contributed to your accident. This could be another driver, a product manufacturer, a company, a government agency, a property owner, or a combination of parties. "Negligence" is any action or failure to act that does not fulfill the party's duties of care to you.
#2. You contact Estey & Bomberger because you want award-winning San Diego injury attorneys on your side. The sooner you speak to our lawyers, the better for your claim. There are important deadlines you don't want to miss, as well as the possibility of evidence you need to preserve ASAP. Your initial consultations with one of our lawyers are always free and come with zero obligation to retain our firm.
#3. You file a claim against the defendant - the party allegedly at fault for your accident. Our attorneys will investigate your accident and help you choose one or more defendants who are likely responsible for causing your injuries. Our team will interview witnesses, gather police reports and medical records, and start building your case. We will then help you file your claim with the San Diego civil courts within California's two-year statute of limitations.
#4. Settlement negotiations ensue. The defendant's insurance company may approach you with a settlement offer at this point in an effort to close the case without risking losing much more during a trial. Your lawyer will take care of settlement negotiations for you to make sure the insurance company isn't offering much less than your injuries are worth. The demand and negotiation phase can take a few weeks or a year or longer depending on the circumstances and the plaintiff's goals.
#5. You might need to go to trial. The majority of personal injury claims reach successful settlements without having to go to trial. However, a trial is necessary in some cases to achieve the desired compensation amount. Our trial-tested attorneys are ready to represent your case in front of a judge and jury in the pursuit of maximum compensation. Visit our results page for an idea of what type of settlements, judgments, and jury verdicts we've secured for past clients.
When Accidents Happen
A serious accident can be a devastating, life-altering event or even fatal. If you or a family member were injured in an accident, it's very important that you speak to a personal injury attorney. Our lawyers can help you get the medical care you need, negotiate with your insurance company, and seek damages from the parties responsible for your injuries. The San Diego accident lawyers at Estey & Bomberger have decades of experience handling personal injury cases.
How many personal injury cases happen in California each year?
In California, a civil personal injury case is considered "unlimited civil" if the compensation dollar amount exceeds $25,000. Between the years of 2007 up to 2016, there were 519,095 unlimited civil personal injury cases filed in California courts. See the year by year breakdown below.California Unlimited Civil Personal Injury Claims By Year
- 2016: 56,615
- 2015: 54,009
- 2014: 53,925
- 2013: 53,273
- 2012: 52,013
- 2011: 49,461
- 2010: 49,892
- 2009: 50,087
- 2008: 49,115
- 2007: 50,705
Serious injuries happen in San Diego County every day, leaving accident victims with serious injuries and the financial problems that go along with it. In situations like this, it's important to choose the right attorneys to handle your case. But with so many law firms to choose from, how do you choose the right attorneys?
California Personal Injury Laws
We mentioned the two-year deadline for filing a personal injury claim in California. This is just one of many laws you must obey during the personal injury process. Our lawyers have years of experience with California's laws and San Diego's courts, and we can easily help you navigate the web of rules and regulations involved in most injury claims. Our team can put the law on your side, making it work for you instead of against you. A few personal injury laws to be aware of include:
Statutes of Limitations
The two-year filing deadline is not set in stone. There are exceptions in some cases. It's also important to note that the clock doesn't start ticking until you discover your injuries, even if this is days, weeks, or months after an accident. There are different deadlines for different types of claims. For instance, a property-damage only claim has three years from the date of the incident. Talk to our attorneys to find out the deadline for your unique claim.
Wrongful Death Filings
A wrongful death claim is one in which the surviving family members of someone who died in a negligence-related accident pursue damages. In California, a deceased person's spouse, domestic partner, or surviving children may file this type of claim. If these parties do not exist, anyone the law entitles to the decedent's property can file. One must file within two years of the date of injury or death for a valid claim.
One of the main goals of filing a personal injury claim is to secure compensation for your losses. The San Diego courts allow plaintiffs to recover economic and non-economic damages. These may include past and future medical costs, lost wages, property damage expenses, physical pain, emotional suffering, and mental anguish. Wrongful death claims can result in additional types of compensation for the loss of the loved one's companionship, love, and support.
Choosing the Right Lawyer
One of the most important decisions you can ever make is the attorney you hire to handle your case. Not all law firms are the same. Some law firms have experience practicing law but don't have experience inside the courtroom. Other firms don't have the financial resources needed to take a case to trial in order to maximize your recovery. Some choose to take as many cases as possible, leaving you as "just a number". That's not the case here. We have the trial experience, the financial resources and we know each client by name and exactly what is going on in their case.
Our San Diego accident law firm has a 99% success rate and Partner Steve Estey has been named Trial Attorney of the Year. Twice. When you choose our firm to handle your injury claim, you're in great hands.
When you work with a great attorney, you don't have to worry about the laws and filing procedures. You don't have to collect evidence, hire expert witnesses, and represent your case on your own. Your lawyer will take care of the legwork and red tape of your case so that you can focus on yourself, your health, and your family. In the aftermath of a serious personal injury accident, entrust your case to a lawyer for maximum peace of mind during the healing process.
Call our San Diego office at (619) 295-0035, or reach out online to start your San Diego personal injury claim with a free case evaluation at Estey Bomberger. You don't pay unless you win, so what are you waiting for?
Recent Client Testimonial
I was extremely pleased with the service I received from Estey Bomberger. Their entire staff is very knowledgeable and worked very hard for me to win my case. Stephen and his staff always kept me updated on the status of my case and responded to my questions immediately. I would recommend this law firm, and have, to anyone. - Laura S.