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, seeking a personal injury lawsuit is no easy task. Defendants and their insurance companies are backed by armies of lawyers prepared to defend their clients. Who's looking out for you?

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

What Is Personal Injury?

The essence of a personal injury claim is negligence. When another person, business, or even a governmental agency acts irresponsibly, others can get hurt. The injury is typically physical, but it can also be psychological or emotional too.

"Negligence" is a legal term that suggests failure to exercise an appropriate degree of care under the circumstances. Another way of putting it is failing to behave as a reasonably prudent person would. Negligence can be demonstrated through someone's actions (like speeding or driving drunk) or through an exclusion (such as failing to remove a known hazard from one's company property).

To win a personal injury case, the victim has to show that the defendant was negligent. There are four specific components that are required under California legislation:

• Duty of care-- The defendant must have owed a duty of care to the plaintiff. Occasionally a duty arises out of a personal relationship between the parties, such as physician and patient. However this isn't always required. For instance, when you drive on a highway, you owe a duty to other drivers not to be reckless.
• Breach-- Next, the plaintiff needs to demonstrate that the offender breached the duty of care. This is where the defendant's negligent acts and/or omissions are brought out. It also covers circumstances where the at-fault party breaks a law or engages in intentional wrongdoing. Breach is generally the most disputed part of a personal injury case.
• Causation-- The offender's breach has to really cause injury to the plaintiff. If the offender acted negligently but didn't harm the plaintiff, this element fails.
• Damages-- These are the losses for which the plaintiff will seek financial compensation. Some of the most common damages are medical expenses, lost wages, lost earning capacity, and pain and suffering. The nature and quantity of damages are fiercely disputed in the majority of personal injury cases.

Potential Damages In A Personal Injury Claim

The objective of a personal injury lawsuit 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 medications to physical therapy and special adaptive equipment to help with a victim's day-to-day tasks.
• Lost wages-- While you recover or are hospitalized for your injuries, you will lose time from work and, with it, possibly considerable amounts of money. You can ask a court to award you damages to cover this lost income.
• Lost earning capacity-- Your occupational prospects may be cut short or significantly restricted after a personal injury. An expert witness can help approximate the future earnings you will miss out on as a result.
• Pain and suffering-- These damages account for the pain and emotional trauma you will likely experience for some time to come. Although difficult to measure, they are essential to catastrophic injury cases.
• Loss of pleasure in everyday life-- It might not be possible to appreciate your typical daily activities, hobbies, and other passions 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, community, friendship, and sexual relationship between partners 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 penalize the wrongful party and discourage 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 cases 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 begins to run when the injury occurs.

However, it's best not to procrastinate taking action on your claim. Witnesses' memories can fade over time, proof will be more difficult to obtain, and you could forget crucial information if you wait too long. If you or a loved one have been hurt, reach out to a dedicated Alhambra personal injury attorney.

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

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

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

OUR PERSONAL INJURY ATTORNEYS IN ALHAMBRA ARE AVAILABLE 24 HOURS A DAY TO TAKE YOUR CALL. FOR A FREE CONSULTATION, CALL US OR VISIT OUR WEBSITE.