Mendez and Sanchez - Personal Injury Lawyer in San Gabriel, California

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If you've been injured due to someone else'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 simple task. Offenders and their insurers 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 resolve cases out of court so our clients can get back to their lives. If necessary, however, we assemble a litigation strategy and take the case to trial. Either way, we defend our clients from beginning to end so they can concentrate on recovering.

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 injured. The injury is usually physical, but it can also be psychological or emotional as well.

"Negligence" is a legal term that means failure to exercise an appropriate degree of care under the circumstances. Another way of putting it is failure to act as a reasonably sensible person would. Negligence can be displayed through someone'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 specific elements that are required under California legislation:

• Duty of care-- The defendant 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 drivers not to be reckless.
• Breach-- Next, the plaintiff needs to show that the offender breached the duty of care. This is where the defendant's negligent acts and/or omissions are exposed. It also covers situations where the at-fault party breaks a law or engages in deliberate wrongdoing. Breach is generally the most disputed part of a personal injury claim.
• Causation-- The offender's breach has to actually result in injury to the plaintiff. If the defendant acted negligently but didn't hurt the plaintiff, this component fails.
• Damages-- These are the losses for which the plaintiff will seek financial compensation. A few of the most common damages are medical expenses, lost income, lost earning capacity, as well as pain and suffering. The nature and amount of damages are hotly disputed in most personal injury cases.

Potential 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 known as damages, and some examples are:

• Medical costs-- This broad category can consist of everything from hospital bills and prescription medications to physical therapy and special adaptive equipment to assist 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 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 severely limited 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 psychological trauma you will likely experience for some time to come. Although difficult to measure, they are essential to catastrophic injury cases.
• Loss of pleasure of day-to-day life-- It might not be possible to appreciate your normal 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 advantages of a family relationship. It includes the loss of assistance, society, companionship, and sexual relationship between spouses caused 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 engaging 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 sets 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 delay taking action on your claim. Witnesses' memories can fade with time, evidence will be more difficult to obtain, and you could fail to remember crucial information if you wait too long. If you or a loved one have been hurt, reach out to a committed San Gabriel 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 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 want an attorney who not only understands California personal injury legislation, but understands how to determine a fair value for your case.

At Mendez & Sanchez, we've helped countless personal injury clients get the compensation they require to recover. We will not accept unfair offers and will stand by you from beginning to end. 

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