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.
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.
Trucks
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.
Premises Liability
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.
Defective Products
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 noneconomic. A rarer third type is punitive damages.
Economic 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
Noneconomic damages compensate you for your non-financial losses. The most common types are pain and suffering and emotional distress.
Punitive Damages
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.
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.
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.