Mendez and Sanchez - Personal Injury Law Firm in Montebello, 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. But seeking a personal injury claim is no easy task. Defendants and their insurance companies are backed by armies of lawyers ready to defend their clients. Who's looking out for you?

At Mendez & Sanchez, we fight for personal injury victims. Where possible, we settle cases out of court so our clients can get back to their lives. If needed, however, we assemble a litigation strategy and take the case to trial. 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, company, 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 means failure to exercise an appropriate level of care under the circumstances. Another way of putting it is failure to behave as a reasonably prudent person would. Negligence can be demonstrated through a person's actions (like speeding or driving drunk) or through an omission (such as failing to remove a known risk from one's company property).

To win a personal injury case, the victim needs to prove that the offender was negligent. There are four specific elements that are required under California law:

• Duty of care-- The offender must have owed a duty of care to the plaintiff. Occasionally a duty emerges out of a personal relationship between the parties, such as doctor and patient. But this isn't always necessary. For example, when you drive on a highway, you owe a duty to other motorists not to be careless.
• Breach-- Next, the plaintiff must show that the defendant breached the duty of care. This is where the offender's negligent acts and/or omissions are highlighted. It also covers circumstances where the at-fault party breaks a law or participates in intentional wrongdoing. Breach is usually the most contested part of a personal injury case.
• Causation-- The defendant's breach has to actually result in 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 demand financial compensation. A few of the most common damages are medical expenses, lost income, lost earning capacity, and pain and suffering. The nature and amount of damages are hotly disputed in the majority of personal injury cases.

Possible Damages In A Personal Injury Case

The goal of a personal injury lawsuit is to make the plaintiff whole through financial compensation. This compensation is referred to 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 unique adaptive equipment to help with a victim's daily activities.
• Lost wages-- While you recuperate or are hospitalized for your injuries, you will lose time from work and, with it, potentially considerable amounts of money. You can ask a court to award 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 estimate the future income 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 quantify, they are essential to catastrophic injury cases.
• Loss of enjoyment of everyday life-- It may not be possible to enjoy 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 advantages of a family relationship. It includes the loss of support, society, 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 deter others from participating in similar conduct.

Are There Time Limits To File A Personal Injury Claim?

Your right to file a claim against a negligent party will not last forever. In California, personal injury cases are subject to what's called a statute of limitations. This sets a deadline for plaintiffs to submit 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 best not to delay taking action on your claim. Witnesses' memories can fade over time, evidence 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 Montebello personal injury lawyer.

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

Suing a defendant usually means suing an insurance company, like an automobile 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 need a lawyer that not only knows California personal injury legislation, but knows how to determine a fair value for your claim.

At Mendez & Sanchez, we've helped countless personal injury clients get the compensation they require to recuperate. We will not accept unreasonable offers and will defend 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 PERSONAL INJURY LAWYERS IN MONTEBELLO ARE AVAILABLE 24 HR A DAY TO TAKE YOUR CALL. FOR A FREE CONSULTATION, CALL US OR VISIT OUR WEBSITE.