Mendez and Sanchez - Personal Injury Attorney in Monterey Park, California

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If you've been injured due to another person's negligence, you have the right to ask for financial compensation for the losses you've endured. However, pursuing a personal injury claim is no simple task. Offenders and their insurance providers are backed by armies of attorneys prepared to protect their clients. Who's looking out for you?

At Mendez & Sanchez, we fight for personal injury victims. Where possible, we resolve cases out of court so our clients can return to their lives. If needed, however, we put together a litigation strategy and take the case to trial. In either case, we defend our clients from start to finish so they can focus on recovering.

What is Personal Injury?

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

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

To win a personal injury case, the victim must show that the defendant was negligent. There are four particular components that are required under California law:

• Duty of care-- The offender must have owed a duty of care to the plaintiff. Sometimes a duty arises out of a personal relationship between the individuals, such as doctor and patient. But this isn't always necessary. For instance, when you drive on a freeway, you owe a duty to other motorists not to be reckless.
• Breach-- Next, the plaintiff must demonstrate that the offender breached the duty of care. This is where the offender's negligent acts and/or omissions are brought out. It also covers situations where the at-fault party breaks a law or participates in deliberate wrongdoing. Breach is typically the most disputed part of a personal injury lawsuit.
• Causation-- The defendant's breach needs to actually result in injury to the plaintiff. If the defendant acted negligently but didn't hurt the plaintiff, this element fails.
• Damages-- These are the losses for which the plaintiff will seek financial compensation. A few of the most common damages are medical costs, lost income, lost earning capacity, and pain and suffering. The nature and amount of damages are fiercely disputed in most personal injury cases.

Potential Damages in a Personal Injury Case

The goal of a personal injury claim is to make the plaintiff whole through 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 drugs to physical therapy and special adaptive equipment to assist with a victim's daily tasks.
• Lost wages-- While you recover or are hospitalized for your injuries, you will lose time from work and, with it, potentially 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 limited after a personal injury. An expert witness can help estimate the future income you will lose out on as a result.
• Pain and suffering-- These damages account for the pain and psychological stress you will likely experience for some time to come. Although hard to measure, they are necessary for catastrophic injury cases.
• Loss of pleasure in everyday life-- It may not be possible to appreciate your typical daily 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 benefits 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 meant to punish the wrongful party and discourage others from participating in similar conduct.

Are There Time Limits to File a Personal Injury Claim?

Your right to sue a negligent party will not last forever. In California, personal injury claims are subject to what's called a statute of limitations. This sets a deadline for plaintiffs to file their lawsuits 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 takes place.

However, it's ideal not to delay taking action on your case. Witnesses' memories can diminish with time, evidence will be more difficult to obtain, and you could forget vital details if you wait too long. If you or a loved one have been injured, reach out to a dedicated Monterey Park 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 attorneys pushing back on your claims or making settlement offers that come nowhere near to covering your losses. You want a lawyer who not only understands California personal injury legislation, but knows how to establish a reasonable value for your case.

At Mendez & Sanchez, we've assisted countless personal injury clients obtain the compensation they need to recuperate. We will not accept unfair deals and will stand by you from beginning to end. Give us a call or complete the contact form today to get started on your case.

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