Ventura Personal Injury Lawyer
The term personal injury may seem vague and nebulous the first time you hear it, after all, isn’t every injury personal to the person who experiences it? However, when it comes to the law, personal injury has a very specific meaning and function; in legal terms a personal injury is the result of an accident that was caused by the negligence of another person. If that sounds like a broad definition, then that is because it is. The term personal injury covers a lot of different categories but they all have the same consequences. The person who suffers the personal injury needs to be compensated for the medical bills, repair bills, lost wages, and other losses they suffered because of the accident.
Anyone who suffers a personal injury needs to consult a personal injury lawyer to get the help that they need. At the King Law Firm, we have over a decade of experience helping residents of Ventura County and other parts of California with their personal injury cases. That means we can help accident victims file their personal injury claims and we will negotiate with the insurance companies on their behalf. We can even help them file a lawsuit if that becomes necessary. That means that we are the Ventura lawyers personal injury victims should contact when they need help after their accident.
What is a Personal Injury?
The term personal injury has a distinct legal definition, which means that a case must have the following elements before it can be considered a personal injury.
- The person who caused the accident, aka the defendant, owed the victim, aka the plaintiff, a duty of care. A duty of care means that the defendant should have behaved in the way a reasonable person would under similar circumstances. For example, a driver owes a duty of care to other drivers by being attentive and following the traffic rules.
- The duty of care was violated. This is also called negligence and is the basis for nearly all personal injury cases. In the case of the example of the driver, they breach their duty of care to other drivers when they take their eyes off the road to tap out a text message on their phone.
- The violation caused an accident. It is not enough that the defendant acted negligently, their negligence must have caused the incident that led to the personal injury as well. Continuing with the driver example, it would be if they rear-ended a car in front of them because they were texting when they should have been paying attention to the road.
- The accident caused losses, also called damages, for the plaintiff. Those losses can be economic, such as medical bills, repair bills, and so on. The damages can also be non-economical, such as pain and suffering or emotional trauma like PTSD (Post Traumatic Stress Disorder).
Examples of Types of Personal Injury
As mentioned in the introduction, personal injury covers a wide range of categories. The following are some of the more common kinds of personal injury cases.
Car Accidents – These are common across California and the rest of the country so personal injury lawyers are very familiar with them. Despite being so common a car accident can be among the most serious kind of personal injury because the potential for damage, devastation, and even death is very high.
Slip and Fall Accidents – These are also common in Ventura County and other parts of California. They are also called premises liability cases and are when someone gets injured on another person’s property because of the negligence of the property owner or manager. The classic example is a store owner not cleaning or warning customers about a spill that makes the floor slippery. If a customer gets hurt as a result, then they have a personal injury case.
Medical Malpractice – When a doctor or other kind of professional ends up hurting their patient instead of helping them, then that is medical malpractice. There are many examples such as improper treatment, the lack of treatment, incorrect diagnosis, surgical errors, and prescribing the wrong medication.
Product Liability – If a person uses a product in the way it was meant to be used but gets hurt when it malfunctions, then that is product liability. The defect that caused the product to malfunction could be a result of a manufacturing error, a design problem, or something going wrong during distribution. That means part of a product liability case is finding out which party was responsible for the malfunction before taking them on.
Assault and Battery – Most personal injury incidents are accidental, but this is the exception since assault and battery are both deliberate and intentional acts. Some states, including California, view assault and battery as two separate crimes where assault is the attempt to inflict violence or force on another person and battery is them actually doing so.
Wrongful Death – When an accident that would be construed as a personal injury leads to someone’s death, then it is ruled as a wrongful death. When that happens the family of the deceased can hire a Ventura lawyer to file a claim on their behalf.
What To Do After a Personal Injury
The procedure varies depending on the type of personal injury the person suffered, but in general the victim should seek medical attention immediately and then contact a California law firm that specializes in personal injury law. In the case of a car accident, there are some extra steps to take before doing that. The accident victim should take pictures of the accident scene and the damage done to each vehicle. They should also avoid apologizing or implying that the car accident was their fault. The insurance company will seize on that innocent statement to suggest that the victim was partially or completely at fault for the accident and they try to reduce or reject their claim.
After getting the medical treatment that they need, the accident victim should contact a Ventura law firm so that their personal injury lawyers can help them. The Ventura attorneys will gather evidence and speak to witnesses in order to prove the liability of the defendant. They will also collect all of the accident-related expenses to determine the amount of compensation the victim needs. The personal injury lawyer will summarize all of that in a demand letter which they will send to the insurance company of the defendant.
Once the insurance company receives the letter, they will choose to accept it, renegotiate, or reject it. If they accept the letter or renegotiate a fair settlement, then the case ends here. But if they reject it or offer a settlement that is too low, then the victim will have to file a lawsuit where they will make their case in a court of law. Fortunately, most personal injury cases rarely make it to that stage because trials are expensive, time-consuming, and unpredictable so all the parties do their best to avoid them.
Contact Us If You Suffered a Personal Injury in Ventura County
Personal injury accidents happen all the time in California, which is why the people who have been in such accidents need the right Ventura personal injury lawyer to represent them. At the law offices of the King Law Firm, our attorneys have the knowledge and experience needed to give our clients the best possible legal representation.
We know how to use the law to get our clients the compensation that they need to take care of their accident-related expenses. We will negotiate with the insurance companies and if a trial becomes necessary, then we will represent them in a court of law. We are experts in personal injury law so contact our law offices if you need legal help after suffering a personal injury in Ventura County.