Accident Lawyer in San Diego, CA
If you are injured and need an accident lawyer in San Diego City, My Lawyer Mark is the number one choice. We combine aggressive representation, knowledge of the law, and 35 + years of experience with compassionate, caring services for your clients. Among the many personal injury law firms in California, My Lawyer Mark stands out because we treat our clients as if they were family.
Call us today at (866) 721-5808 to get a free consultation. Hablamos Español.
Reasons to Hire an Accident Lawyer in San Diego
In California, accidents can get complicated. The good news? The law is on your side if you weren’t the one who caused it. California is a “fault state” where the responsible party foots the bill for injuries and damages. A personal injury lawyer can be your champion, proving you weren’t at fault and helping you recover compensation through a settlement or lawsuit.
We understand every situation is unique. Our personal injury law firm San Diego County, has a proven track record of helping people like you. Don’t face this alone. Let our team be your guide, advocate, and ally in getting the fair compensation you deserve.
Practice Areas
- Car Accidents
- Motorcycle Accidents
- Truck Accidents
- Uber/Lyft Accidents
- Wrongful Death
- Dog bite injuries
- Pedestrian accidents
- Premises liability
- Slip and fall
Steps to Take After an Accident
An accident can be a shocking and stressful experience. The moments right after are critical for your well-being and any legal or insurance matters that may arise.
Ensure Your Safety First
If you suffer an accident with a vehicle and can safely move it after the accident, get it out of traffic and turn on your hazard lights. If your vehicle is undrivable, stay inside with your seatbelt on until help arrives. Something similar happens if you suffer a pedestrian accident: if your wounds allow you to move to a safer spot to wait until emergency services arrive.
Contact Emergency Services
Report the accident to the police, no matter how minor it seems. Their report will be crucial for insurance claims.
Gather Information
Exchange contact and insurance details with all drivers involved. If there are witnesses, get their information as well.
Stick to the Facts
Cooperate with authorities but don’t admit fault at the scene. Only provide factual information.
Seek Medical Attention
Get checked by a doctor after the accident. Sometimes, injuries don’t show symptoms immediately. Keep a record of all medical care you receive.
Inform Your Insurance Company
Please notify your insurance company promptly about the accident. Provide them with the facts and share any evidence you have.
Document Everything
Keep track of all accident-related expenses, including medical bills, repairs, and even notes about your physical and emotional state.
Consider Legal Help
If your injuries are severe or there’s a disagreement about fault, consider seeking legal advice from a personal injury attorney. They can guide you through the claims process and fight for fair compensation.
Be Wary of Quick Settlements
Insurance companies might offer a quick settlement. Before accepting anything, consult a personal injury lawyer to protect your rights.
Stay Off Social Media
Avoid discussing the accident or posting related photos online. These posts could be used against you later.
Remember, your actions after an accident can be just as important as the accident itself. Taking the right steps safeguards your well-being and helps you get the compensation you deserve.
Accident Statistics in San Diego
In San Diego in 2021, over 5,600 crashes caused injuries or fatalities. Sadly, 119 lives were lost, and another 7,400 people were hurt. While most accidents happened on city streets, nearly 2,000 involved state highways running through San Diego.
Pedestrian safety is also a significant concern, with over 500 crashes involving cars or trucks. Bicycle and motorcycle accidents also added to the total, coming in at 325 and 650, respectively.
When and Where do Accidents Occur in San Diego?
In San Diego, like in many urban areas, accidents commonly occur in high-traffic areas such as intersections, freeways, and busy downtown streets. Some specific locations with higher accident rates might include:
- Intersections: Busy intersections along major thoroughfares, such as Interstate 5, Interstate 8, and Interstate 15, are often hotspots for accidents, especially during rush hours.
- Freeways: High-speed collisions frequently happen on the freeways that crisscross San Diego County, including Interstate 5, Interstate 8, and Interstate 15.
- Downtown Areas: Downtown San Diego, with its dense population and numerous pedestrians, cyclists, and vehicles, can be a common site for accidents, particularly near popular destinations like the Gaslamp Quarter.
- Tourist Areas: Places frequented by tourists, such as the beachfront, Balboa Park, and attractions like SeaWorld or the San Diego Zoo, can see increased traffic and accident rates, especially during peak tourist seasons.
- Residential Neighborhoods: Accidents also occur in residential areas, often due to speeding or distracted driving. Streets with heavy commuter traffic or poor visibility might be particularly prone to accidents.
Common Causes of Accidents
San Diego’s roads might surprise you with how often collisions occur. There’s a good chance these accidents can be linked to one or more of these factors:
- Drivers exceeding the speed limit
- Taking unnecessary risks behind the wheel
- Focusing on things other than driving
- Driving under the influence of alcohol or drugs
- Following too closely behind another car
- Disobeying traffic signals and signs
- Poor road conditions
- Drowsiness or exhaustion at the wheel
What Type of Compensation Can I Claim for an Accident?
The aftermath of an accident can be a major physical and financial setback. Medical bills can pile up quickly; potential rehabilitation costs, car repairs, and missing work add stress.
But what if you could ease the financial burden on your family during this difficult time? A lawsuit might be an option to recover more than just the repair costs for your vehicle. Here’s what you could potentially be compensated for:
Out-of-Pocket Expenses (Economic Damages)
These are the concrete costs you’ve incurred and will incur because of the accident. They include:
- Medical Care: This covers past, present, and future doctor visits, treatments, and medications.
- Lost Income: You might be compensated for wages you missed while recovering or if you cannot return to your previous job due to the accident.
Intangible Losses (Non-Economic Damages)
These are the hardships you experience that are harder to put a price tag on but are still very real. This could include:
- Pain and Suffering: Both physical and emotional pain caused by the accident.
- Diminished Quality of Life: The limitations on your ability to enjoy activities you used to due to the accident.
- Loss of Intimacy: If the accident affects your ability to have a normal physical relationship with your partner.
How Much is My Accident Worth?
Several factors come into play to determine how much your compensation will be worth, including:
- Severity of injuries: This is a significant factor. More severe injuries that require extensive medical care and cause long-term problems will result in higher settlements.
- Property damage: The cost of repairing or replacing your car and any other damaged belongings will be factored in.
- Fault: California follows a comparative fault system, so the amount you receive may be reduced if you are found to be partially at fault for the accident.
- Insurance coverage: The at-fault driver’s insurance policy limits will determine the maximum settlement amount.
Personal Injury Claim, Step by Step
Here are the general steps of an accident lawsuit in San Diego:
- Seek Medical Attention: This is crucial, even if your injuries seem minor. Documentation of your injuries is vital for your case.
- Gather Evidence: Collect everything related to the accident, including the police report, witness statements, pictures of the scene and your injuries, and any damage reports.
- Report the Accident: File an accident report with the appropriate authorities, such as the police or your employer (if work-related).
- Consider the Statute of Limitations: In California, you generally have two years from your injury to file a lawsuit [selfhelp.courts.ca.gov].
- Consult an Attorney: An experienced personal injury lawyer can guide you through the legal process, build your case, and negotiate a settlement on your behalf.
- Investigation and Discovery: Your attorney will investigate the accident, gather evidence, and conduct legal research to determine liability. This phase may involve depositions, where witnesses give sworn statements under oath.
- Demand and Negotiation: Your attorney will present a demand for compensation to the at-fault party’s insurance company. Negotiations for a settlement will likely ensue.
- Lawsuit Filing (if no settlement): If a settlement can’t be reached, your attorney will file a lawsuit in court.
- Trial: A judge or jury will hear the case and determine fault and damages if no settlement is reached before trial.
How Long Will it Take for Me to Receive my Compensation?
The time to receive your compensation from an accident claim can vary depending on the specifics of your case. Still, extreme cases generally take two weeks, several months, or even years. Here’s a breakdown of the factors that can influence the timeline:
- Settlement vs. Trial: Most accident lawsuits are settled without going to trial, which is much faster. Trials can take significantly longer as they involve extensive evidence gathering, court appearances, and judge or jury decisions.
- Severity of Injuries: The extent of your injuries significantly impacts the settlement amount and negotiation timeline. More severe injuries with substantial medical bills and lost wages will likely take longer to settle as there’s more compensation at stake.
- Liability Disputes: If there’s disagreement about who caused the accident, it can significantly extend the process. Lawyers must gather evidence to prove fault, which can be time-consuming.
- Insurance Company Involvement: Dealing with insurance companies adds another layer of complexity. Their investigation and negotiation processes can add weeks or months to the settlement timeline.
Here’s a rough timeframe to consider:
- Settlement with No Dispute: If there are no disagreements about fault and minor injuries, a settlement could be reached within two weeks to 2 months.
- Settlement with Complexities: Settling can take several months, up to a year, or more for cases involving severe injuries or disputed liability.
- Trials: If your case goes to trial, the wait time can be much longer, potentially lasting over a year, depending on the court backlog.
If you’re unsure about the timeline for your specific case, it’s highly recommended that you consult with your accident lawyer in San Diego. They can assess your situation and provide a more accurate estimate based on the details of your accident and injuries.
How Much Time Do I Have to Do My Claim?
In California, according to the statute of limitations, you generally have two years to file a personal injury lawsuit. This two-year window starts from the date of the injury.
However, there is an exception if the injury is not immediately discovered. In that case, the two-year window starts one year from when the injury was discovered or should have been discovered with reasonable effort.
It’s important to note that this applies to lawsuits against private parties. If your claim is against a government entity, you have an additional deadline for notifying the government entity that you’ll make your claim, which lasts only six months from the date of the injury.
Useful Links if You Have an Accident in San Diego City
- DMV
- San Diego Police Department
- San Diego Fire-Rescue Department
- San Diego County Sheriff
- San Diego County Hospitals
- Triple A San Diego
- San Diego County Court
What Can I Do if a Beloved One Dies in an Accident?
In many cases, you may be able to file a wrongful death lawsuit. This is a civil case that allows surviving family members to seek compensation for damages caused by another person’s negligence that led to your loved one’s death. Wrongful death lawyers in California can help determine if you have a case and navigate the legal process.
If you think you might pursue legal action, it’s important to start gathering evidence as soon as possible. This could include the police report, accident scene photos, medical records, and witness statements. An experienced wrongful death attorney can be a valuable resource during this time. They can advise you of your rights, handle complex legal matters, and represent you in court if necessary.
How Much Does it Cost to Hire an Accident Lawyer in San Diego?
Contingency fees are a common way for personal injury law firms in California to get paid. My Lawyer Mark is one of them. In this modality, the lawyer only gets paid if your case is successful, meaning you win a settlement or judgment. If you lose, you don’t owe the lawyer anything for their time.
The lawyer’s fee is a percentage of the money you receive from the settlement or judgment. This percentage is typically between 33% and 40%, but it can vary depending on the specifics of your case. This arrangement benefits you because you don’t have to pay any upfront legal fees. It also aligns the lawyer’s interests with yours since they only get paid if you win.
Make a Free Consultation With an Accident Lawyer in San Diego
Hiring an accident lawyer in San Diego gives you the best chance to obtain the maximum compensation you deserve by law. If you were injured by somebody else’s fault, why should you pay for others’ mistakes? Why should you and your family suffer because of somebody else’s negligence or imprudence? Don’t settle for less!
Call My Lawyer Mark at (866) 721-5808 to schedule a free consultation. We’ll evaluate your case and start fighting for justice immediately.