Personal Injury Lawyer
Murrieta Personal Injury Attorney
The term “personal injury” defines any situation where one party fails to use reasonable care or illegal misconduct harms another party. The injured party can seek recompense for the losses they suffered through a personal injury claim. While this may seem straightforward, the actual process of filing and winning a personal injury claim is often more complex than the average person expects. If you are struggling with the effects of another party’s actions, it is crucial to consult a Murrieta personal injury lawyer as quickly as possible to figure out your most viable recovery options.
Representing Personal Injury Cases for Murrieta, CA, Clients
The attorneys at Kampf, Schiavone & Associates have years of experience helping clients in Murrieta and surrounding communities overcome all types of personal injuries. Some people experience harm from others’ actions but are unaware of the legal mechanisms in place that may help them recover. Others make the mistake of assuming that hiring an attorney would be too expensive and that their claims aren’t worth enough to justify the time commitment, expense, and stress of pursuing compensation.
Our team can provide the compassionate legal guidance you need in this difficult situation. Our firm has helped many past clients secure substantial case awards due to our commitment to client-focused legal counsel and attention to detail. When you need legal counsel that you can trust for a personal injury claim, Kampf, Schiavone & Associates can help approach your case with confidence and secure the maximum case award possible under California law.
Common Types of Personal Injury Cases We Handle Murrieta
When you decide to pursue a civil claim for damages, you need a Murrieta personal injury attorney who has experience managing cases like yours to have the greatest chance of success with the case. The right attorney can be invaluable for constructing the foundation of your claim, from gathering the evidence needed to prove liability to meeting court filing deadlines and establishing the extent of your claimable damages. The team at Kampf, Schiavone & Associates has extensive professional experience handling many types of personal injury claims for Murrieta area clients, including:
- Car accidents. Distracted driving, speeding, and driving under the influence (DUI) are just a few ways that accidents happen every day. When another driver has caused an accident and injured you, you can seek accountability through an insurance claim followed by a personal injury claim. Our firm has experience confronting the major insurance carriers on behalf of our clients and can help ensure that you receive fair treatment as you seek compensation for your damages.
- Commercial truck accidents. Large trucks are essential to the state’s economy and supply chains, but they are some of the most inherently dangerous vehicles on the road because of their size. Not only are large commercial trucks capable of inflicting tremendous damage in an accident, but these accidents also tend to generate more complex legal proceedings for injured victims.
- Product liability claims. If you or a loved one was injured by a defective or unreasonably dangerous consumer product, the manufacturer is likely liable for your damages. A product liability claim is a type of personal injury claim that targets a manufacturer rather than an individual. Your attorney can help prove fault for the injury and prove that the product is defective or unreasonably dangerous in a way that directly caused your damages.
- Premises liability claims. If you were hurt while visiting someone else’s property, the property owner may be liable for your damages. As long as you had permission to enter the property and the hazard that caused your injury was a foreseeable issue that the property owner should have addressed, you can seek compensation for any resulting damages.
- Catastrophic injury claims. While many personal injury victims eventually recover from the harm done to them, some are not so fortunate and experience a wide range of permanent damage. If you were permanently disabled in any way due to another party’s actions, it is imperative that you seek legal counsel from an experienced attorney who can help maximize the recompense you obtain from the defendant. You can seek compensation for damages now and in the future resulting from their actions.
Whatever type of personal injury you sustained in Murrieta, timing is critical if you want to maximize your recovery. You have a two-year statute of limitations in which to start your claim, and this time limit begins on the date your injury occurred or the date you discovered the harm done by a defendant’s actions. Two years may sound like more than enough time, but it will take time for you to gather all the documentation and additional materials you need to file your complaint with the court. It’s important to seek out trustworthy legal counsel as quickly as possible after your injury to have the greatest chance of success.
Proving Liability for a Personal Injury
The goal of a personal injury claim is for the victim to hold the defendant accountable for the effects of their intentional misconduct or negligence. The victim has the right to pursue full compensation for all the damage caused by the defendant. However, before the plaintiff can secure recompense for their losses, they must firmly prove liability. This means accurate identification of the defendant or defendants responsible for their injury and clear proof of the full extent of the damages they caused.
Most personal injury claims filed in the state focus on negligent acts. A driver’s duty is to operate the vehicle they are driving responsibly, heed posted traffic signals, and refrain from consuming drugs or alcohol before getting behind the wheel. For success in any personal injury claim in Murrieta, you must prove that the defendant owed you a duty of care, did not uphold that duty of care in some way, and consequently caused your damages. Additionally, you must prove that your claimed damages are the direct results of actions the defendant took and not some other cause.
The evidence you need to prove liability for your personal injury will depend on the type of injury you suffered. For example, if you were injured in a car accident, you may need the other driver’s phone records and/or recordings from traffic cameras near the scene of the accident. If you were injured on another party’s property, your attorney might seek the property owner’s maintenance records and other evidence to help prove fault. In some cases, a Murrieta personal injury attorney will call on an expert witness who has specific professional credentials to clarify unique technical details or to provide professional insights into complex aspects of a claim.
Claimable Damages in Your Murrieta Personal Injury Case
Once you prove fault for your personal injury, next you must prove the extent of the damages caused by the defendant by their actions. Under California’s personal injury laws, the plaintiff has the right to seek full repayment of all economic losses they suffered, which may include:
- Healthcare expenses. If the defendant caused a physical injury, they are liable for all medical care the victim requires to fully recover. This includes not only their hospital bills and other immediate medical costs but also the cost of ongoing rehabilitative care they need in the future to reach maximum medical improvement from their injury.
- Wages lost. When a plaintiff cannot work because of their personal injury, the defendant becomes liable for the money they are unable to earn. Your Murrieta personal injury attorney can help prove the extent of the earnings you lost because of the defendant.
- Long-term lost earning ability. If the defendant inflicted a severe injury, they may have left you disabled permanently in a manner that prevents you from working and earning income in the future. Whether you cannot earn as much or cannot work at all, your Murrieta personal injury attorney can assist you with accurately calculating the income you will no longer be able to earn in the future and add this to your claim.
- Property losses. When the defendant has damaged your property, such as your home, your business, your vehicle, or other personal belongings, they are fully liable for all associated repair and replacement costs.
The right attorney can be instrumental in accurately assessing the extent of your claimable economic damages, both immediate and future. The average person is likely able to assess things like medical bills and vehicle repair costs, but they may not know how to accurately calculate future economic damages resulting from their personal injury. An experienced attorney can be not only invaluable for proving fault for your damages but also for accurately proving the extent of those damages.
Calculating Pain and Suffering in a Personal Injury Case
Beyond the economic damages you are entitled to claim from the defendant, state law also states that a personal injury plaintiff can seek recompense for the pain and suffering they experienced. It might be difficult for you to place a monetary value on something as intangible as emotional distress or physical pain. However, your pain and suffering compensation may form the bulk of your total case award if you suffer a severe injury. A Murrieta personal injury attorney can determine an appropriate amount to reflect your experience.
Most attorneys in the state use one of two methods to calculate pain and suffering for their clients. The first is the multiplier method, typically used whenever a client has suffered permanent harm of some kind. The attorney multiplies the total of the client’s claimed economic losses by a number between one and five to reflect the seriousness of their experience. The second is the per diem method, usually reserved for clients expected to fully recover from their injuries. This method focuses on the time it takes the victim to recover, and their attorney decides on a figure suitable to compensate the victim for their daily pain and suffering and then multiplies this by the number of days it takes their client to recover.
California law only limits pain and suffering compensation in medical malpractice claims. If your claim is not for medical malpractice, there is no limit to the pain and suffering compensation you can seek from the defendant. For most personal injury clients who have suffered severe injuries, their pain and suffering compensation outweighs the total of their claimed economic damages.
How to Resolve a Personal Injury Claim in Murrieta
Most of the personal injury cases filed in Murrieta do not go to trial. It benefits both the plaintiff and the defendant to seek a settlement outside of court, which enables both parties to save time, money, and stress they would otherwise expend in protracted courtroom proceedings. During settlement negotiations, the parties involved in the case meet privately and attempt to reach mutually agreeable terms to resolve the claim.
Unfortunately, settlement is not always possible. A defendant could deny liability for the damages or dispute the range of damages sought by the plaintiff. If, for any reason, settlement negotiations break down, the case will need to go to trial. During litigation, a judge considers all evidence and testimony from both sides and then delivers their ruling. If your case goes to court, the judge has the final say about the outcome and the recompense you will receive from the defendant.
What to Expect From Your Murrieta Personal Injury Attorney
Every personal injury case is unique, and every plaintiff will face different challenges as they seek compensation for the losses they’ve suffered. However, legal counsel is invaluable to every plaintiff. The right attorney can make every phase of your case easier to handle and more likely to yield the results you hope to see. When you hire Kampf, Schiavone & Associates to represent you in your personal injury case in Murrieta, helping you understand the various legal mechanisms in play so you can approach the case with confidence is our goal.
Our firm has helped many past clients secure greater case awards than they initially expected. We know that the aftermath of any personal injury can be stressful, confusing, and uncertain, and we want to help you have some peace of mind in this difficult time. If you are ready to learn what a Murrieta personal injury attorney can do for you in your impending case, contact Kampf, Schiavone & Associates today and schedule your consultation with our team.