santa barbara

Personal Injury defined
When the subject of personal injuries are discussed most people immediately think of auto accidents. However, there are numerous other cases that would fall under personal injury. These include injuries you suffer from another’s personal negligence or malice. This can include animal attack, such as those from an unsafe dog. Also, if you are injured on another’s property they can also be held accountable. Examples of this can include an unsafe yard on personal property or a wet and unmarked floor in a business.

According to the National Center for Health Statistics there are 1,903,000 cases yearly of people released from hospital stays due to injury.

Also of note is there are over 29 million emergency room visits and over 31 million doctor visits reported yearly due to injures.

Personal Injury: Time Limits
In the state of California there are limits to the amount of item you have to file a lawsuit to recover damages from a personal injury. In a personal injury case in California you have two years from the time of injury to file a lawsuit. Remember if you are injured by another’s negligence it is important to get the lawsuit properly field because once you are outside of the two year window the court system will likely refuse to hear your case.

However, the statue of limitation for filing is much shorter if the entity in question is the state of California. A lawsuit against the state can relate to issues with cities, counties, or government agencies. An example of this may be you’re injured in a fall on a public sidewalk that was badly maintained. In cases such as these you only have six months to file the proper claim paperwork to receive a court hearing and possible compensation for your injuries.

Personal Injury: Shared Fault Laws
In California there is a concept of shared fault. The best way to explain this is that you may hold some responsibility for your injuries. For example, if you’re badly injured in an automobile accident your actions while driving will be taken under consideration. While someone running a red light and striking your car would be held mostly at fault if you were driving ten miles over the speed limit at the time of the accident that will also be taken into consideration. Do note that at fault laws don’t mean a 50/50 split. You may be found completely innocent of fault in some cases or your fault may be considered very minor. In such cases, you may have to pay for a small percentage of the total cost of your injuries. This can include medical bills and lost wages.

Personal Injury: Limits On Damage
There are certain cases in California law where there are hard limits on the amount you can recover for injuries. Here are two examples. In cases where an uninsured driver is injured by another’s negligence they cannot recover monetary damages for non-economic damages i.e. pain and suffering. There is only one situation where an uninsured driver can recover non-economic damages. These are cases where the at fault party was under the influence and received a DUI conviction for events directly related to the accident the uninsured driver is seeking damages from. Another area where there is a hard cap on damages are those concerning medical malpractice. The law in question that places monetary limits on non-economic damages incurred from medical malpractice suites is the Medical Injury Compensation Reform Act (often abbreviated as MICRA). While pain and suffering is recoverable in malpractice cases the limit is set at $250,000. Remember this limit is not placed on economic damages but on non-economic ones such as pain and suffering, disfigurement, and inconvenience.

Why You Need An Attorney
As you can see personal injury law is complex and can cover a wide range of sources. When you’re injured you have a right to recover compensation for lost wages, medical expenses and injury costs. Whenever you are injured due to another’s negligence one of the first things you should do is hire an attorney as soon as you are able to. The proper paperwork must be filled and a skilled legal expert must do necessary research as soon as possible. This assures you will receive the compensation that you are justly due under California law. 

In California, the following claims are commonly recovered in personal injury cases:

• Medical care and consultations with health care providers
• Lost income
• Permanent damage, which includes physical disability and disfigurement
• Social, educational and family experience losses, meaning any education, training, events, vacations or other occasions you will miss out on
• Emotional damage, including depression, anxiety, stress, personal strains and family trouble resulting from the accident
• Loss of consortium, which refers to the loss of affection or companionship with your loved one.
• Property loss or damage
• Loss of use

By working with the personal injury lawyers at The May Firm, you will receive a better understanding of the damages you are entitled to recover once we review your specific case. 

The May Firm offers clients a free, no-obligation initial consultation. During our first discussion together, our experienced personal injury attorneys will take the time to ask you questions. We will ask for details regarding the accident that led to your personal injury, in addition to information about the injuries you suffered due to the accident. The questions are asked in an effort to determine the viability of your case. If we determine that you have a solid case, we will help you gather police reports, photos, wage loss information, billing statements and medical records, all of which will help us build a solid foundation for your specific case. 

There are two ways you can recover damages from a personal injury claim: through a settlement outside of court or through a lawsuit taking place in court. There is no way to tell from the beginning of your case if your case will go to court or not. However, it is typical for personal injury cases to settle outside of the courtroom. The personal injury attorneys at The May Firm will work diligently to negotiate a settlement in your favor before pursuing action through the court system. No matter what happens, the attorneys at The May Firm will fight hard on your behalf to ensure you are appropriately compensated for your injuries. 

There are many scenarios when an injured person is advised to pursue a personal injury case. In most cases, proving negligence on the part of the person who is liable for the injury would be the most effective legal basis. If you have been injured by somebody else as a result of negligence then you are more likely to have a case. However, it is not always as easy as it may sound even if your injuries are obvious. It may take a lot of work and consideration to establish that the person at fault or the defendant has indeed caused you harm by being negligent. If you need legal advice on a personal injury case, you should contact a personal injury attorney. By doing so, you will be able to discuss with a professional any questions and doubts you may have about the entirety of the process and what to expect.

In California, most personal injury cases usually arise from traffic accidents, medical malpractice, defective products and many others. Notice that in these scenarios, negligence is a possibility on the part of the defendant. This is due to the fact that drivers, medical practitioners and manufacturers all have safety standards they need to follow to avoid inflicting harm against others. And so, when things go wrong and someone gets injured, then somebody else must have been careless in following the safety standards and should therefore be blamed. This is how you, with the help of a lawyer would initially go by in proving negligence. Once it has been proven that there were existing standards and that the defendant failed to comply with at least one of them, then the next step is to show that you suffered injury as a result of the defendant’s misconduct.

Say you have been in a serious car accident that caused injuries to your physical being and damages to your car. You would have made it safely to your destination but because somebody decided to drive beyond the speed limit and failed to follow traffic signs, that driver ended up crashing into your car causing damages, pain and suffering. So how do you and your personal injury attorney actually work towards proving negligence in court? You will need to gather relevant information regarding the accident to substantiate your statement against the defendant. You need valid evidences supporting his wrongdoing such as the following:

• Eyewitness: This person should have witnessed the incident and is voluntarily offering to show up in court. If this eyewitness does not agree to show up in court, try to ask for a written statement of what he or she has witnessed during the incident. This will help a lot in proving negligence.
• Police Report: During the accident, a cop would usually show up at the scene especially if it is a serious one. He/she will fill out the accident report form containing the personal information of all parties involved and a brief statement of his professional view on the circumstances of the accident. It may also include any traffic violation committed that might have caused the accident. You may secure a copy of this report at the police station and present it to support all other evidences you may have gathered.
• Photographs and Visuals: Any photographs taken at the scene during the accident is a good form of evidence. You may also present photos of the damages to your vehicle and any marks or bruises left on your skin after the accident. Additionally, you may create a diagram displaying what happened at that time like which part of the road you’re on and from where did the defendant’s car come to hit you. You may ask permission from the judge to present these as evidence.
• Medical Records: One of the most important things that you should not forget is getting seen by a physician right after an accident. This is primarily intended to maintain your well-being but at the same time, serves as a valid documentation that you can present in court because it will clearly prove your claim for injuries given that your medical report time stamps correspond to your police accident report date stamp.

Evidences presented in court play an important role in establishing the fault of the defendant. Make sure to present evidences that do not work against your claim especially statements from both your witnesses and the police otherwise, do not present them at all and let your attorney look for other available options to help you win your case. Remember that only a skilled personal injury attorney can increase your chances of recovering all your losses including damages to your car, hospital bills, and even lost wages so make sure to hire someone who is experienced particularly in the California state court system. 

A statute of limitations is a time limit placed on action taken in a personal injury claim. In the majority of cases, after the statute of limitations expires, you can no longer seek damages or other compensation through a personal injury claim. For a typical personal injury case, you will usually have to take action within two (2) years from the date of the accident in order to remain within the statute of limitations. However, the statute is different for medical malpractice claims and for cases against a government entity. It is best to consult with a qualified personal injury attorney at The May Firm right away for detailed information specific to your case. We offer free, no-obligation consultations and we will fight for your rights under California law. 

We at The May Firm have extensive experience in a variety of personal injury cases. These include, but are not limited to:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Bicycle accidents
• Pedestrian accidents
• Construction accidents
• Dog bites
• Dangerous products, including:
  • Airbag injuries
  • Car seats
  • Crushed roofs
  • Defective seat belts
  • Food poisoning
  • Gas tank explosions
  • Mesothelioma/asbestos
  • Motor vehicle defects
  • Pharmaceutical liability
  • Product liability
  • Recalled products
  • Tire defects
• Injuries, including:
  • Amputation
  • Brain injury
  • Burn injury
  • Catastrophic injury
  • Shoulder injury
  • Spinal cord injury
  • Wrongful death

The May Firm attorneys enjoy working with clients. We will put all of our energy into achieving a successful outcome for your case. We will always put your case first, with personal attention and a hands-on approach to guide you through each step of your case. 

When you are injured in an accident that was not caused by your fault, the most important thing you can do is take care of yourself. It can be very difficult, if not nearly impossible, to navigate through the accident claim process on your own. Insurance companies often attempt to settle cases as quickly as possible to avoid paying further medical fees for innocent victims like you. By hiring a personal injury lawyer, you can focus on getting back on your feet and you can trust that your legal battle is being fought by knowledgeable attorneys. As you heal from your physical and emotional injuries, an attorney will fight the insurance companies and the person who is at fault for the accident to get you the compensation you deserve. The personal injury attorneys at The May Firm have extensive knowledge on a variety of personal injury cases, as well as how the law applies to each individual case. You will not be taken advantage of by an insurance company with the guidance and support of an attorney. The May Firm will be a powerful advocate working for you. 

A personal injury lawyer should be called whenever you experience an injury due to someone else’s negligence. Common personal injury cases may include: motorcycle accidents, car accidents, truck accidents, bicycle accidents, pedestrian accidents, dog bites, construction accidents, and injuries due to a defective product. It doesn’t matter if your injury is minor or severe, a personal injury attorney can help you manage claims against your insurance company, or the insurance company of the person who is responsible for the accident. An attorney will act as your advocate during this difficult time to ensure your rights are protected and fought for. The personal injury attorneys at The May Firm can also assist you in recovering damages for your time spent out of work due to your injury. 

It is always a good idea to talk to a few personal injury law firms to find the best fit for you and your case. That is why The May Firm offers a free, no-obligation consultation to our potential clients. During this meeting, we will ask you questions to determine the viability of your case. We will also instruct you and we will guide you through the next steps, if we choose to work together on your personal injury claim. It is important for you to find attorneys with whom you are comfortable working. We approach every case with compassion. Our experience and knowledge of California personal injury law makes us the perfect fit for many clients. 

Our first meeting with potential clients is always a free consultation. There is no obligation to continue working together if the fit is not right. During the free consultation, an attorney at The May Firm will sit down with you and will ask you many questions to find out every detail about your situation. We will ask about how the accident happened, what injuries you suffered as a result of the accident, and what your life is like as you recover and heal from your physical injuries. We will also determine if you have a case. If we determine that you have a case, we will go over the next steps with you, including a list of documents you will need to gather for us to use as a starting point in building a strong case for you. 

It is difficult to say exactly how long it will take to settle your case. There is no specific time frame set for cases that settle through negotiation nor for cases that settle through the court system. The insurance companies will push you to settle quickly, which may be enticing when you are struggling to pay your medical bills or cover the costs of missing work for an extended period of time. However, a quick settlement is usually not in your best interest. Quick settlements are typically well below the compensation you actually deserve. The personal injury attorneys at The May Firm will work as fast as possible to get you the compensation you deserve. We will communicate with you every step of the way so you understand exactly what is happening, as well as any next steps needed to get recovery for your damages. 

If you have been injured in any type of accident it is important that you get the medical attention you need; however, in addition to getting prompt medical attention, you need to consider other problems you could possibly face as a result of your injury. For example, you might find that you lose time from work or even that you are no longer able to work at all. These can be very serious consequences and ones that need to be handled in a professional manner. The best thing you can do is to schedule a free injury lawyer consultation and get the help you need. Experienced lawyers protecting your case from insurance companies can be an excellent resource to ensuring your well-being as you recover, as well as making sure that you are fairly compensated for any damages. The personal injury attorneys at The May Firm always provide case consultation to any anyone injured in a California accident.

The BLS, Bureau of Labor and Statistics, announced on October 20, 2011 that 3.1 million nonfatal illnesses and injuries were reported among employers in the private industry. Unfortunately, when you fall victim to a workplace accident or any other type of injury, the consequences can be serious and you need to ensure that you are fairly compensated for your loss of wages, medical bills, and even future loss of income.

Fortunately, there are many lawyers who offer free consultations to individuals in need of legal help. These lawyers specialize in helping guide their clients through the often complicated and confusing labyrinth of the legal system. Handling a personal injury case can be a process that takes time, especially given the fact that there needs to be time for the injuries to be evaluated and any healing to take place. Part of determining a lawsuit involving injuries is having a clear indication of how permanent the injuries will be. After all, there is a big difference between a short term injury and a permanent disability. While both deserve compensation, it is important to have established any permanent disability prior to a settlement.

Fortunately, there are many lawyers who offer free consultations to individuals in need of legal help. These lawyers specialize in helping guide their clients through the often complicated and confusing labyrinth of the legal system. Handling a personal injury case can be a process that takes time, especially given the fact that there needs to be time for the injuries to be evaluated and any healing to take place. Part of determining a lawsuit involving injuries is having a clear indication of how permanent the injuries will be. After all, there is a big difference between a short term injury and a permanent disability. While both deserve compensation, it is important to have established any permanent disability prior to a settlement.

A University of California Davis researcher has estimated that work related illnesses and injuries will cost the nation an unbelievable $250 Billion annually. This startling figure is a far cry from the $219 Billion for all direct and indirect cancer costs. Additionally, this high figure only accounts for work related incidents, so it is clear that across the country, the medical costs for injuries from all other sources would be absolutely shocking.

Regardless of what type of injury you have sustained, making an appointment for a free injury lawyer consultation is imperative. Even if you think that you do not have a case, it is often best to leave that decision to the experts. Find out what your rights are and if you are due compensation for your injuries, medical bills or even loss of income. An experienced lawyer in the field of personal injury will be able to give you the best advice for your case.

The injury lawyers at The May Firm provide free case consultation for anyone injured in an accident. Call The May Firm today!