Mendez and Sanchez - Personal Injury Law Firm in Pasadena, California

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If you've been injured because of 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 simple task. Defendants 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 defend personal injury victims. Where possible, we resolve cases out of court so our clients can return to their lives. If necessary, however, we put together a litigation strategy and take the case to court. In either case, we stand by our clients from beginning to end 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 hurt. 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 failure to behave as a reasonably sensible person would. Negligence can be demonstrated through a person's actions (like speeding or driving intoxicated) 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 must prove that the offender was negligent. There are four particular 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 arises out of a personal relationship between the individuals, such as physician and patient. But this isn't always necessary. For example, when you drive on a freeway, you owe a duty to other drivers not to be reckless.
• Breach– Next, the plaintiff must show that the defendant 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 participates in deliberate wrongdoing. Breach is usually the most disputed part of a personal injury lawsuit.
• Causation– The offender's breach has to actually cause injury to the plaintiff. If the offender acted negligently but didn't harm the plaintiff, this aspect fails.
• Damages– These are the losses for which the plaintiff will pursue financial compensation. A few of the most common damages are medical expenses, lost wages, lost earning capacity, as well as pain and suffering. The nature and quantity of damages are hotly contested 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 via financial compensation. This compensation is known as damages, and some examples are:

• Medical expenses– This broad category can include everything from hospital bills and prescription drugs 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 might be cut short or significantly limited after a personal injury. An expert witness can help estimate the future earnings you will miss 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 difficult to measure, they are vital to catastrophic injury cases.
• Loss of enjoyment of day-to-day life– It may not be possible to enjoy your typical day-to-day 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, 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 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 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 begins 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, proof will be more difficult to obtain, and you might forget critical details if you wait too long. If you or a loved one have been hurt, reach out to a committed Pasadena personal injury lawyer.

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

Suing a defendant almost always means suing an insurance company, like an automobile insurer. Regardless, you can count on the offender's legal representatives pushing back on your claims or making settlement offers that come nowhere near to covering your losses. You need an attorney that not only knows California personal injury law, but knows how to determine a reasonable value for your claim.

At Mendez & Sanchez, we've helped numerous personal injury clients obtain the compensation they need to recover. We will not accept unjust 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 PERSONAL INJURY ATTORNEYS IN PASADENA, CALIFORNIA, ARE AVAILABLE 24 HOURS A DAY TO TAKE YOUR CALL. FOR A FREE CONSULTATION, CALL US OR VISIT OUR WEBSITE.