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If you need the assistance of an accident attorney in Encinitas, you should consider hiring My Lawyer Mark. Our experts have experience, understand the laws, and know how to win. They will fight fiercely with the insurance companies and their lawyers so you obtain the maximum compensation for the damages you suffered in your accident.

My Lawyer Mark also rises above the personal injury law firms in California because we provide our defendants with an empathetic, humane service. We treat you as family and always pick up the phone to answer your questions. You’re not a number to us: you’re a human suffering and struggling after an unwanted, unexpected accident. 

We’re here to defend your rights. Call us today at (866) 721-5808 for a free consultation.

Reasons to Hire an Accident Attorney in Encinitas

Imagine you’ve been hurt in an accident because of someone else’s negligence. The stress can be overwhelming. Mounting medical bills, car repairs, and missed workdays can wreak havoc on your finances. On top of that, physical pain and emotional distress can make it hard to get back on your feet. You deserve fair compensation for your injuries, lost income, and pain and suffering.

Insurance companies are known for making it difficult to get the money you deserve. They might deny your claim entirely or offer a settlement that falls short of what you’re owed. In that case, legal action might be necessary. But going it alone is a risky move. Personal injury cases are intricate, lengthy, and stressful, even for those with legal expertise. They’re even more challenging to navigate if you’re recovering from an accident.

The best course of action is to have a reliable and experienced lawyer by your side. A personal injury attorney will handle everything for you: gathering evidence, speaking with witnesses, dealing with insurance agents and opposing lawyers, fighting for your rights in court, and offering guidance. With a lawyer on your team, you can make informed decisions and get the necessary results to move forward.

Practice Areas

  • Car Accidents
  • Motorcycle Accidents
  • Truck Accidents
  • Uber/Lyft Accidents
  • Wrongful Death
  • Dog bite injuries
  • Pedestrian accidents
  • Premises liability
  • Slip and fall

Types of Compensation You May Obtain From Your Accident

Compensation in California accident cases typically falls under economic and non-economic damages.

Economic damages are the measurable financial losses you suffered due to the accident. They are easier to calculate with receipts and records. Examples include:

  • Medical expenses (past and future)
  • Lost wages
  • Car repairs or replacement
  • Out-of-pocket costs related to the accident

Non-economic damages compensate for the pain and suffering caused by the accident. As these are subjective, assigning a value is trickier. Here are some examples:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Scarring and disfigurement

Common Causes of Accidents in Encinitas

Like many other places in Southern California, Encinitas sees its fair share of accidents. Here are some of the most common causes:

  • Distracted Driving: Just like everywhere else, distracted driving is a major problem in Encinitas. Any activity that takes your attention away from the road can be a distraction, including texting, talking on the phone, eating, drinking, or grooming. Even loud music or animated conversations with passengers can be distracting.
  • Speeding: Speeding is another major cause of accidents. Speeding gives you less time to react to hazards on the road and increases the severity of crashes.
  • Impaired Driving: Driving under the influence of alcohol or drugs is hazardous and illegal. Impaired driving hinders your reaction time, judgment, and coordination.
  • Reckless Driving: Reckless driving includes behaviors like tailgating, weaving in and out of traffic, running red lights, and ignoring stop signs. These behaviors put yourself and others on the road at risk.
  • Poor Weather Conditions: Encinitas mostly enjoys sunshine, but occasional rain can make the roads slick and reduce visibility. Slowing down and turning on your headlights when it rains is essential.

Frequent Causes of Accidents 

  • Speeding: San Diego County, which includes Encinitas, has a problem with speeding drivers. Traffic congestion can be frustrating, but speeding to make up for lost time is dangerous. It is hazardous on freeways, two-lane highways, and rural roads outside the city.
  • DUI/DWI: Driving under the influence of alcohol or drugs is a serious problem and a significant cause of accidents everywhere, including Encinitas. California has seen a rise in drunk driving fatalities.
  • Distracted Driving: Distracted driving, often caused by cell phones, is a growing problem. Texting, talking on the phone, or even looking at the GPS can take your attention away from the road.
  • Fatigued Driving: Driving when you are tired can be just as dangerous as driving under the influence. Drowsiness slows reaction time and can impair judgment.
  • Rain-Slicked Roads: Encinitas doesn’t get a lot of rain, but when it does, the roads can become slick due to built-up oil and grime. Drivers need to be extra cautious when it is raining.

What to Do After an Accident

The immediate aftermath of an accident can be stressful, but staying calm and taking the following steps can help. Here’s a breakdown of what you should do if you ever suffer an accident in Encinitas:

  • Check for Injuries:  The most important thing is to ensure everyone’s safety. Check yourself and your passengers for injuries. Call 911 or ask someone else to do so if someone is seriously injured.
  • Secure the Scene:  If possible, move your vehicle to a safe location out of traffic. Turn on your hazard lights.
  • Call the Police:  Even for minor accidents, it’s wise to call the police to file an accident report. This will be crucial for insurance purposes.
  • Exchange Information:  Exchange contact and insurance information with the other driver(s) involved and any witnesses. Take pictures of driver’s licenses, insurance cards, and vehicle damage.
  • Call an accident attorney in Encinitas.

Additional tips:

  • Do not admit fault: Avoid discussing who caused the accident at the scene. Just exchange information and stick to the facts when speaking with the police.
  • Do not leave the scene: Leaving the scene of an accident, even a minor one, can be considered a hit-and-run violation.
  • Seek medical attention: Even if you don’t feel pain initially, getting checked out by a doctor after an accident is essential. Injuries can sometimes take time to manifest.
  • Keep records: Document everything related to the accident, including the police report, photos, and medical bills.

Basic Steps of a Personal Injury Claim

Seek Medical Attention

Your health is the most critical concern. Even if you think your injuries are minor, getting checked by a doctor is crucial for documenting the injury and creating a medical record.

Consult an Attorney

Personal injury law can be complex. An experienced lawyer can advise you on your rights, the legal process, and the likelihood of success in your case.

Gather Evidence

Document everything related to the accident and your injury. This includes police reports, witness statements, pictures of the scene, and medical records.

File an Insurance Claim

Most personal injury cases involve insurance companies.  Your lawyer will typically handle filing a claim with the at-fault party’s insurance company.

Negotiate a Settlement

Many personal injury cases are settled before going to court. Your lawyer will negotiate with the insurance company for fair compensation.

Lawsuit and Discovery

If a settlement cannot be reached, a lawsuit is filed. Discovery is a pre-trial phase where both sides exchange information and evidence.

Trial

If no settlement is reached during discovery, the case goes to trial. A judge or jury will decide the outcome and award damages (compensation) if you win.

How to Prove Negligence

To prove negligence in a California personal injury lawsuit, a lawyer needs to establish four key elements:

  • Duty: The defendant owed a legal duty to the plaintiff to avoid causing harm. This duty can arise from various factors, such as laws, professional standards, or common courtesy (e.g., drivers owe a duty to pedestrians to follow traffic laws).
  • Breach of Duty: The defendant breached their duty of care by failing to act as a reasonable person in the situation. This could involve actions or inactions. For instance, a driver speeding violates the duty of care to drive safely.
  • Causation: The defendant’s breach of duty must directly cause the plaintiff’s injuries. This means the injury wouldn’t have happened “but for” the defendant’s negligence.
  • Damages: The plaintiff suffered damages as a result of the injury. Damages can be economic (medical bills, lost wages) or non-economic (pain and suffering).

Here are some ways a lawyer might prove these elements:

  • Evidence: This can include police reports, accident scene photos, witness statements, medical records, and expert testimony (e.g., accident reconstruction specialists for car accidents).
  • Violations of Laws or Standards: If the defendant violated a law or safety regulation, it can establish a breach of duty (e.g., a doctor failing to follow the standard medical protocol).
  • In some cases, negligence might be easier to prove. For instance, a violation of a law like speeding can automatically establish duty and breach of duty under the legal concept of “negligence per se.”

Keep in mind that this is a general explanation. The specific way an accident attorney in Encinitas proves negligence will depend on the unique circumstances of your case.

Time Limit to File Your Personal Injury Lawsuit

The general time limit to file a personal injury lawsuit in California is two years from the date of the injury.  There is an important exception to this two-year rule: if the injury was not discovered immediately, the one-year limit starts from the date the injury was discovered. This is known as the “discovery rule.”

Although it might sound like this is a long time, it’s highly recommended that you file your lawsuit as soon as possible. If you let too much time pass, you risk losing important evidence to back up your claim. It may also happen that another person implicated in the accident sues you first.

I Was Partially at Fault. Can I Obtain Compensation?

You can still obtain compensation in California even if you were partially at fault for your injury. California follows a pure comparative negligence system. Here’s how it works:

  • The court will determine the percentage of fault for each party involved in the incident.
  • Your percentage of fault will reduce your compensation.

For example, you suffer $10,000 in damages from a car accident and are found to be 20% at fault. You could still receive $8,000 ($10,000 – $2,000 (20% of $10,000)) in compensation.

How Much Does an Accident Attorney in Encinitas Charge?

In California, personal injury cases often involve contingency fees for lawyers. This means your accident attorney in Encinitas only gets paid if they win your case and secure compensation for you. This system allows people with injuries to access legal representation without the burden of upfront costs.

Contingency fees offer some advantages. First, they allow injured people to fight for fair compensation without worrying about hefty legal fees upfront. Second, this system aligns the interests of the lawyer with yours. Since the lawyer only gets paid if you win, they are highly motivated to secure a successful outcome for your case.

Overall, contingency fees can be a valuable option for personal injury cases in California. They provide access to legal representation, eliminate upfront financial risk, and ensure your lawyer works hard to win your case.

Hire an Accident Attorney in Encinitas Today

Hiring an accident attorney in Encinitas gives you the highest chance of obtaining the maximum compensation you deserve by law. Get a new car, pay your medical bills, recover lost wages, and much more. Call My Lawyer Mark at (866) 721-5808 to make a free consultation with our experts.