Oxnard Personal Injury Lawyer
If you have been involved in a car accident in Ventura county, then you deserve the tenacious advocacy of an expert lawyer who will fight for you. The King Law Firm is determined to speak for you, negotiate the maximum settlement possible, and stand up for your rights in court.
Common Personal Injuries in Ventura County
Accident cases and personal injury cases are far too common in Oxnard, California. The King Law Firm offers free consultations and will proudly serve clients in injury cases and liability cases, giving each client the personal attention they need and deserve. Our clients have had millions of dollars recovered on their behalf from our attorneys for the following kinds of personal injuries:
- Truck accidents
- Car accidents
- Workplace injuries
- Machinery and equipment injuries
- Construction site accidents
- Slip, trip, and fall accidents
- Catastrophic injuries
Oxnard, California has injuries caused by crashes in Oxnard Blvd. or San Francisco medical malpractice. If you have suffered a serious accident, call the King Law Firm for a free consultation to discuss the details of your case and how one of our experienced attorneys can hold the negligent parties responsible for your lost income and medical expenses. You deserve a fair settlement for your personal injury case.
Who is Legally Responsible for Your Injury?
Your personal injury lawyer will conduct an investigation to determine who is the responsible party for your injuries in Ventura County. Generally, the insurance company pays out damages to the injured victim, not the individual who caused it. Insurance companies hire attorneys who argue that their policyholder is less liable than you claim or not liable at all. The lawyers at the King Law Firm, however, leave no stone unturned when investigating your case to provide strong evidence of negligence on behalf of the policyholder, not you.
An investigation will determine who breached their duty of care. The “duty of care” is a legal obligation to use a reasonable standard of care when performing an activity that could harm someone. A driver owes other road users a duty of care to be sober and alert behind the wheel. A property owner owes a duty of care to guests on their property to keep it free of hazards that could hurt people. Our Oxnard personal injury lawyers will investigate your case to determine who was the negligent party and how their negligence caused you to suffer an injury.
Your lawyer will need strong evidence to support their claim. The most common types of evidence used in personal injury cases include:
- Photographs from the crash scene taken right after the incident. Most people have cell phones with cameras, so always take pictures of the scene before leaving
- Photographs of your injuries that show the extent of your suffering
- Your medical records outlining the treatment you received, your diagnosis, and prognosis
- A copy of the police report or incident report
- Security camera footage, if available
- Testimony from expert witnesses
Determining The Liable Party
Upon gathering all this information, your attorney will then determine who is the liable party.
Motor Vehicle Accidents
Suppose you were hurt in a car accident, and witnesses say that the other driver ran a red light. If you have pictures of the speed limit on the street where it happened, and an expert witness says that the damage to the vehicle indicates speeding, then those facts strongly paint a picture of liability. However, sometimes the liable party isn’t another driver. If you were injured due to a defective part in a car, then the auto manufacturer is liable for your damages.
Liability in a truck accident case is different due to a legal doctrine called “respondeat superior,” which roughly means that the trucking company or owner is liable for a crash caused by one of its employees. There are some exceptions to this, like when a driver is drunk or on drugs while driving, then they are held liable for their recklessness. As with cars, the manufacturer or designer of a truck could be held liable if a part, like the brakes, wasn’t working properly. Another party that could be held liable for the crash is the crew of cargo loaders, who are supposed to load a truck so that items are held firmly in place and won’t move around. Items that spill or cause a load imbalance are threats to the truck’s safety.
Trucking companies and bus owners should conduct thorough background checks on anyone they hire. Due to the legal principle of vicarious responsibility, the employer has an obligation to ensure that their employees complete their job duties in a way that is safe and not a threat to others’ safety. Employers must conduct thorough background checks, ensure that their drivers are trained to respond to emergency situations, have passed a drug test, and do not have a bad driving record.
Property owners have to take reasonable measures to protect customers, tenants, and visitors. That includes preventing the chances of a slip and fall, dog bite, and other injuries on the property. Adequate security can help prevent theft and property damage. If you are victimized on public or private property, then call the King Law Firm today to determine if you are eligible to receive damages in a premises liability case.
Manufacturers and designers of products that cause injury when used correctly can be held liable for damages that must be paid to the victims of the product’s defect. You can file a product liability claim against a toy maker, medical device manufacture, automaker, or manufacturer of medical or industrial equipment if a defect in the product caused your injury. Under the Consumer Protection Act (CPA), the defendant could have to pay hefty financial and legal consequences if an investigation reveals that they are responsible for your injuries.
What Types of Damages Can an Oxnard Injury Victim Recover?
The personal injury attorneys from the King Law Firm have recovered millions of dollars in damages for clients we have represented in court in Ventura County. The two most common types of damages are economic and non-economic damages. A rarer third type is punitive damages.
Economic damages compensate you for your financial losses, including:
- Medical expenses: Hospital visits, exams and lab tests, medications, physical therapy, and follow-up doctor visits
- Lost wages if you are temporarily or permanently unable to work
- Damaged property, such as the cost to repair or replace your vehicle
In the case of wrongful death, the family can be entitled to compensation to cover funeral and burial expenses and loss of financial support.
Economic damages also compensate you for out-of-pocket expenses that are related to your injury. Most people find it difficult to clean their house, take care of their children, buy groceries, and do other things that they used to do independently. Grocery delivery services, childcare services, and others are very costly. You should not be stuck with the bills when you are just trying to take care of your basic needs. We recommend that you keep a copy of all receipts, invoices, and other financial documents and provide them to us so that we can calculate the total amount that you have paid for expenses you would not have incurred had the injury not happened.
Noneconomic damages compensate you for your non-financial losses. The most common types are pain and suffering and emotional distress.
In some cases, punitive damages are awarded tothe plaintiff to punish the defendant and deter similar behavior. They are also not awarded as often, so you will need the help of an experienced attorney to argue for you to receive these damages. An example of when punitive damages may be awarded is when a drunk driver is responsible for a traffic fatality. Your attorney must prove that there is clear and convincing evidence of intentional misconduct or gross negligence.
Can I afford an attorney?
The King Law Firm offers all of our legal services on a contingency fee basis, which means that you do not pay us unless we recover a monetary award for you in your Ventura County personal injury case. We can discuss our fee structure in more detail during your consultation. We will be happy to answer any of your questions during our meeting.
Compensation When Injured At Work
In order to receive Worker’s Compensation benefits, you must prove that the liable party owed you a duty of care to take reasonable precautions to ensure your safety while working in an environment that could cause harm. Next, you must prove that your employer breached or violated this duty of care. An example would be when an employer fails to put a wet floor sign at the site of a spill, resulting in an employee slipping and falling. Another example is when an employer does not provide personal protective equipment (PPE) to employees, such as hard hats and safety glasses. Next, you need to prove that the breach caused your injury. Lastly, you must prove that, as a result, you suffered damages.
How Do I File a Personal Injury Lawsuit in California?
Being involved in an Oxnard, CA car accident or slip and fall incident that has left you injured can cause emotional trauma and leave you feeling overwhelmed, confused, and completely devastated. The process can be complicated, and many injury victims are unsure of where to begin and what their legal rights are. A dedicated Oxnard personal injury lawyer from the King Law Firm will work to get you the compensation you rightfully deserve. Whether you have been the victim of an auto accident or injured on someone’s property, we handle all personal injury matters and premises liability cases. Only the best law firm can help you get the financial compensation you deserve.
Do I need an attorney to file a lawsuit?
Hiring an experienced Oxnard personal injury attorney who can help you navigate California’s personal injury law is the best choice you can make for your personal injury case. Our team of skilled personal injury attorneys strives to help our clients recover financially, emotionally, and physically from their injuries while ensuring their legal rights are protected along the way.
Southern California insurance companies have one goal, and that is to protect their bottom line. We know the tricks that insurance companies will try to pull to get injured victims to settle for the lowest possible compensation. They may tell you it will be the only offer you will receive or that you have a very short period of time to consider the offer before it expires. Both of these situations are untrue, and our experienced personal injury attorney will not let them deceive you. An adjuster from the insurance company will contact you, but by hiring one of our skilled attorneys, you can avoid speaking with them. They can twist your words and use them against you.
You could face even more difficulty if the negligent party has too little or no insurance to cover your injuries and damages. It can be difficult to prove they are responsible for covering your damages and pursue compensation from them. Often, the negligent party will work hard to try and prove you are to blame for the accident to avoid paying for your damages. They likely have a lawyer working for them to try and shift the blame to you.
A professional personal injury lawyer from the King Law Firm will help you navigate and handle your case so you can focus on your recovery.
Filing Your Personal Injury Lawsuit
While you may be worried about the damages you incurred from your accident, your main focus should be to seek medical attention for your injuries. Getting the medical care you need and documenting it carefully will help your personal injury case. After you have received proper medical attention, your next step is to retain legal representation by hiring a personal injury lawyer knowledgeable in California law.
It is important that you begin your personal injury claim as soon as you can because you do not want to miss the California statute of limitations. The state typically allows injury victims two years to file their personal injury claims. The clock begins the date of the accident, and while it seems like two years is plenty of time, it goes by quickly.
Your Oxnard personal injury lawyers need plenty of time to gather and review the evidence of the case, retain expert witnesses, and build a solid case to get you the right compensation. Personal injury lawsuits typically take 18-24 months, so waiting too long to file could cause you to lose any chance of receiving fair compensation. While two years is the average timeframe, some injury cases can vary. These cases can include accidents caused by a government employee or entity.
For government-related cases, you have six months to file a personal injury lawsuit. It is even more crucial to seek legal services from an Oxnard injury lawyer in government cases. Unfortunately, far too many accident cases are caused by someone’s negligence, causing catastrophic injuries, and leaving victims with extensive medical bills and property damage. If you have suffered from medical malpractice or sustained personal injuries as an accident victim, you need the best personal injury lawyers in Oxnard, California on your side. The King Law Firm strives to get our clients maximum compensation for their medical expenses and accident injuries.
What Can I Do to Strengthen My Personal Injury Claim?
There are some things that you can do to maximize your payout to cover all your financial losses now and in the future.
See A Doctor Immediately
You should be seen by a medical professional, ideally within the first two weeks after your accident. The sooner, the better. Keep a record of what medications are taken, when your appointments are, and what your doctor’s treatment plans are. Seeing a doctor is not only necessary to ensure that you are fine and haven’t suffered latent injuries, but it shows the insurer that you were injured badly enough to need relief. Unfortunately, they are wary of claims where the injured victim took a while to seek pain relief and help.
Call An Attorney Immediately
Just as it is important to seek a doctor right away, you should also talk to an attorney sooner than later to help your case. An attorney can talk to the insurer so that you don’t say or do anything that could unintentionally affect your case. The sooner you get started on your case, the sooner it can be resolved, and you can get the settlement that you deserve.
Keep A Journal
A detailed chronology can contextualize the extent of your suffering and the ways in which your condition is negatively affecting your quality of life. This journal can be especially helpful in arguing for subjective damages like pain and suffering. It should also include information on the healing process. For example, if you were able to regain mobility or if you’ve noticed a reduction in swelling as you heal. Your journal should also include as many details as you remember from the day of the incident.
What Not To Do When In The Middle Of A Claim
The following are some things that your injury lawyer will advise you not to do:
- Do not talk about your case on social media (e.g., Facebook or Instagram)
- Do not admit fault or apologize for the unexpected accident
- Do not delay seeking medical care
- Do not leave the site of the crash without documentation such as photographs, witness contact information, and a copy of the police report
In this day and age, many people share details about their lives on social media. It may seem like a great way to let everybody know that you are OK or at least on the road to recovery. Unfortunately, this is a bad idea and can be detrimental to your case. Discussion about your claim should remain private and does not need to be on a public forum. If you have any questions about social media use, then contact one of our lawyers, who can provide you with more assistance.
Insurance companies are interested in saving themselves money rather than paying out money in damages. To this end, they will hire a private investigator to see if they can find any posts that are inconsistent with your claim. For example, you may feel inclined to assure people that you are fine, but your insurer will use this as evidence that you are not as hurt as you claim to be. If you post photos of you enjoying your life with your family or friends, then they will argue that you are not as physically limited as you say you are and that your emotional trauma is an exaggeration. Be careful what you say online in response to comments that friends post.
What Is My Personal Injury Claim Worth?
A personal injury attorney will be able to tell you what your Oxnard personal injury claim is worth. Typically, the more serious the injury, the higher your medical bills and other damages. Not only that, but the value of the case also includes the subjective experience of suffering from your injuries. Pain is more than just a physical feeling. The experience of pain has a deeper meaning. The recognition of pain as a psychological trauma that injury victims face after a serious accident plays a big part in determining how much they receive in compensation.
The more serious the accident and the injuries, the higher the settlement. The amount you receive in compensation after a motor vehicle accident is calculated by adding together all of your economic damages, like your medical bills and lost wages. Then, that amount is multiplied by a factor between 1.5 and five, depending on the severity of your injuries. Catastrophic injuries, like needing to amputate an arm, losing the use of an organ, or being unable to walk justify the use of a higher multiplier. In a wrongful death case after a car accident, the multiplier could be as high as 10.
Calculating A Settlement In A Personal Injury Case
An example can elucidate how your settlement can be calculated. Mary is hurt in a Southern California crash. She is partially paralyzed as a result of the accident but, after a year of physical therapy, has started to regain her ability to walk. But the accident hindered her physical ability to start a family, and she had to take time off from a job she had worked for years to get. In her case, her injuries were more than physical. Her medical expenses totaled $150,000. Her personal injury attorney fought for her to receive the maximum compensation possible for her physical and emotional trauma. If her multiplier is five, then her total damages could be as high as $750,000.
Here is a different example. Beth was rear-ended in a shopping parking lot with her children in the car. Fortunately, her children did not suffer any injuries, but she did suffer whiplash from the other driver’s negligence. Although whiplash is not a life-threatening illness, she is a full-time exercise instructor and had to cancel three days of classes to recover. She was smart and sought medical treatment immediately after her accident, incurring a $500 medical bill. She also lost out on $600 of pay. It cost $900 to fix her car. With $2000 in economic damages, her multiplier could be as low as 1.5, and her settlement could be $3,000.
How Much Will it Cost to Hire an Oxnard Personal Injury Attorney?
The majority of personal injury lawyers in Oxnard, California, work on a contingency fee basis rather than charging an hourly rate. This means your attorney’s legal fees are a percentage of the settlement that you are awarded for your personal injury claim.
If your personal injury lawyer loses or cannot get a settlement for your case, they will not require you to make a payment for any services they provide.
Your Settlement and Contingency Fees
The common “contingency fee” percentage in California is around one-third or 33.33% of the settlement amount from negotiations or the judge awards in the final verdict.
While one-third is the average, an attorney’s contingency percentage can range anywhere from 25% to 75% and will depend on several factors. These factors include the state you live in and the laws regarding lawyer’s fees, the experience of your attorney, if your personal injury case has to go to trial, and how complex your case is.
Once you and your attorney agree on what the contingency fee percentage will be, they will prepare an agreement that both of you will sign.
Once this document is signed, your attorney will provide you with the retainer agreement that has been signed that includes the agreed-upon rate.
Contact Our Law Offices Today
The information on this website is intended for general information purposes and should not be taken as legal in advice for any individual case. That’s why we recommend you call us now at 805-448-4306 to speak to one of our personal injury attorneys about your claim if you have been involved in a car crash or other incident. Our lawyers will advise you of your rights and advocate for you.
Our personal injury law firm serves the injured in Ventura County, and we are ready to do the same for you. Having won millions of dollars for our clients in successful personal injury claims, we have the experience, knowledge, and resources to build you the strongest case possible. Call the King Law Firm today so we can schedule your risk-free, complementary case evaluation.