Mendez and Sanchez - Personal Injury Attorney in Montebello, California

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If you've been injured because of someone else's negligence, you have the right to ask for financial compensation for the losses you've suffered. However, pursuing a personal injury lawsuit is no easy task. Offenders and their insurance providers are backed by armies of lawyers prepared to protect their clients. Who's looking out for you?

At Mendez & Sanchez, we defend personal injury victims. Where possible, we settle cases out of court so our clients can return to their lives. If needed, however, we assemble a litigation strategy and take the case to court. In either case, we defend our clients from start to finish so they can focus on getting better.

What is Personal Injury?

The essence of a personal injury case is negligence. When another individual, business, or even a governmental agency acts irresponsibly, others can get injured. The injury is usually physical, but it can also be psychological or emotional too.

"Negligence" is a legal term that suggests failure to exercise a proper level of care under the circumstances. Another way of putting it is failing to act as a reasonably sensible person would. Negligence can be displayed through a person's actions (like speeding or driving intoxicated) or through an exclusion (such as failing to eliminate a known hazard from one's business property).

To win a personal injury case, the victim must show that the offender was negligent. There are four specific elements that are required under California legislation:

• Duty of care-- The offender must have owed a duty of care to the plaintiff. Occasionally a duty arises out of a personal relationship between the individuals, such as physician and patient. But this isn't always necessary. For instance, when you drive on a highway, you owe a duty to other motorists not to be careless.
• Breach-- Next, the plaintiff must demonstrate that the offender breached the duty of care. This is where the defendant's negligent acts and/or omissions are exposed. It also covers circumstances where the at-fault party breaks a law or participates in deliberate wrongdoing. Breach is generally the most disputed part of a personal injury lawsuit.
• Causation-- The offender's breach needs to really cause injury to the plaintiff. If the defendant acted negligently but didn't harm the plaintiff, this component fails.
• Damages-- These are the losses for which the plaintiff will pursue financial compensation. Some of the most common damages are medical costs, lost wages, lost earning capacity, as well as pain and suffering. The nature and amount of damages are fiercely contested in most personal injury cases.

Potential Damages in a Personal Injury Claim

The goal of a personal injury claim is to make the plaintiff whole via financial compensation. This compensation is known as damages, and some examples are:

• Medical expenses-- This broad category can consist of everything from hospital bills and prescription medications to physical therapy and special adaptive equipment to help with a victim's day-to-day activities.
• Lost wages-- While you recover or are hospitalized for your injuries, you will lose time from work and, with it, possibly significant amounts of money. You can ask a court to grant you damages to cover this lost income.
• Lost earning capacity-- Your career prospects might be cut short or significantly restricted after a personal injury. An expert witness can help approximate the future earnings you will lose out on as a result.
• Pain and suffering-- These damages account for the pain and emotional stress you will likely experience for some time to come. Although hard to measure, they are essential to catastrophic injury cases.
• Loss of pleasure of day-to-day life-- It may not be possible to enjoy your regular everyday activities, hobbies, and other interests after a bad injury. These damages help compensate you for the loss.
• Loss of consortium-- This category refers to the deprivation of the advantages of a family relationship. It includes the loss of support, society, companionship, and sexual relationship between spouses brought on by the injury.
• Punitive (exemplary) damages-- In rare cases, an at-fault party can be subject to punitive damages. These are intended to punish the wrongful party and deter others from participating in similar conduct.

Are There Time Limits to File a Personal Injury Claim?

Your right to take legal action against a negligent party will not last forever. In California, personal injury claims are subject to what's called a statute of limitations. This establishes a deadline for plaintiffs to file their claims before they lose the right to do so. For a personal injury, the statute of limitations is two years. In most cases, the clock starts to run when the injury occurs.

However, it's ideal not to procrastinate taking action on your case. Witnesses' memories can fade with time, proof will be more difficult to obtain, and you could forget critical information if you wait too long. If you or a loved one have been injured, reach out to a committed Montebello personal injury lawyer.

How Can the Personal Injury Attorneys of Mendez & Sanchez Help Me?

Suing a defendant almost always means suing an insurance company, like a motor vehicle insurer. Regardless, you can count on the offender's lawyers pushing back on your claims or making settlement offers that come nowhere near to covering your losses. You want a lawyer who not only knows California personal injury legislation, but understands how to determine a fair value for your claim.

At Mendez & Sanchez, we've assisted numerous personal injury clients get the compensation they need to recuperate. We won't accept unreasonable offers and will stand by you from start to finish. Give us a call or fill out the contact form today to get started on your case.

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OUR MONTEBELLO PERSONAL INJURY ATTORNEYS ARE AVAILABLE 24-HOUR A DAY TO TAKE YOUR CALL. FOR A FREE CONSULTATION, CALL US OR VISIT OUR WEBSITE.