CaseyGerry Law Firm: San Diego Personal Injury Lawyer

CaseyGerry’s personal injury lawyers in San Diego have been representing clients injured by others’ negligence since 1947. Our experienced legal team handles a wide range of personal injury cases, always focused on securing the maximum compensation for our clients.

If someone else caused your injuries, our skilled trial lawyers are here to guide you through the complex process of dealing with insurance companies and navigating your legal options.

San Diego Personal Injury Resources

Why Choose Us For Your San Diego Injury Lawyer?

As San Diego’s most established and experienced personal injury law firm, Casey Gerry is known for its unparalleled legal expertise and proven track record. Our team of accomplished trial attorneys, supported by certified private investigators, brings extensive courtroom experience and a deep commitment to justice to every case we handle. With a legacy of representing high-profile clients and achieving remarkable outcomes, we offer our clients the highest caliber of representation in the pursuit of justice.

Our investigators are good at gathering important information. They collect details from accident reports, medical records, and witness statements. This helps clients with their claims.

We also work with expert witnesses who can testify in our cases. Clients get top-notch legal help from a prestigious law firm, along with the personal care and quick responses they need during their cases.

Our thorough investigations and analyses enable us to hold parties accountable for causing harm to others. Using our time-tested investigative process, we help victims maximize their recovery from losses resulting from their personal injuries. Our injury lawyers stay up-to-date on changing state and federal laws and court systems that may affect their cases. Most importantly, our law firm treats each person we help with compassion because we know what they’re going through.

Our San Diego Personal Injury Case Settlements

CaseyGerry’s personal injury lawyers have successfully represented injured plaintiffs in cases against both individuals and some of the world’s largest corporations. Here is a glimpse of some of the cases we’ve managed.

$7.6 million for a physician whose power-assist wheelchair failed and injured him
$1.5 million settlement for a person who was hit by a car as a pedestrian
Confidential settlement for the family of a bicyclist who was struck by a car from behind
Confidential settlement with U.S. Smokeless Tobacco Company on behalf of the family of deceased San Diego Padres player Tony Gwynn
Confidential settlement – The NFL has made a private deal with Junior Seau’s family. This comes after the case related to the late San Diego Chargers player.

Negotiating Your Personal Injury Settlement in San Diego

Most personal injury cases involve an insurance company for defendants. Insurance company adjusters are notorious for trying to take advantage of injury victims. Their practices often pressure injured people to accept a settlement. This settlement usually does not give them the compensation they deserve.

Adjusters will be in contact with you shortly. They may act like they value your injuries. They say they want to help you recover fully. However, they are likely to use that phone call to see if you say anything that they can use against you in the future.

Another tactic is to contact you with a settlement offer and tell you that the offer will not be on the table for long. Their goal may be to pressure you into a settlement before you have time to consult with an injury attorney.

In many instances, agreeing to a swift settlement benefits the insurance company more than you. This approach is often not in your best interest.

Even if the adjuster tells you that the offer is their best and highest offer, in most cases, it is not. An insurance company wants to pay as little as possible for claims. So, their first offer is usually the lowest amount they think you will accept.

Our injury lawyers know how insurance companies operate. We will do everything we can to help you get a fair and maximum settlement. You should not rush settlement negotiations, especially if your personal injuries are severe. It often takes time to discover the full extent of your injuries and damages.

How to Calculate Future Damages in a Personal Injury Case

If your injuries are long-term or permanent, you will need future medical treatment. Including those costs accurately is important. Otherwise, you might face future medical bills that you cannot afford. If your injuries stop you from working, you should include future lost income in your settlement.

Calculating future damages can be complex. You may need to hire medical experts to assess your injuries. They can help determine your future medical needs. You might need financial experts to compute the value of your future medical expenses, injury accommodations, and lost income.

Types of Cases Our San Diego Personal Injury Attorneys Handle

Our injury attorneys have experience handling all types of personal injury matters against defendants of any kind. We are unafraid to challenge government entities, big corporations, automobile manufacturers, pharmaceutical companies, or any other defendants.

We know that most of our clients do not have the resources of large-scale corporations. That’s why we work on a contingency fee basis for our cases. You will never pay any attorneys’ fees out of your pocket. Our injury attorneys will only collect fees after you have secured a settlement or trial award.

Car Accidents

Millions of car accidents occur each year, and many people are injured as a result. Common causes of accidents include drunk drivers, texting, and other distractions. Road rage, teen drivers, and car problems also contribute to accidents.

Succeeding in a car accident claim requires proof of the defendant’s negligent or reckless conduct. Call our San Diego car accident lawyers today.

Truck Accidents

Commercial vehicle accidents typically involve large trucks carrying cargo for hire. The commercial transport sector follows specific federal and state rules. These rules are different from those for regular car operations. Grasping these regulations is vital for ensuring compliance and safety within the commercial transport industry.

These rules and regulations add a legal layer that can make a personal injury claim more complex. Luckily, San Diego truck accident lawyers are here to help.

Rideshare Accidents

Many passengers believe that the rideshare company’s insurance will protect them if an accident occurs. However, companies like Uber and Lyft have discovered clever strategies to evade liability in numerous situations. California has specific laws that address rideshare accidents and liability. Getting compensation for your injuries and damages can be hard.

However, skilled San Diego rideshare accident lawyers can make it easier. They help you get financial recovery from those responsible. This includes cases against government entities.

Cases Against Government Entities

Specific laws and requirements govern personal injury claims against the government. If a government agency or other government group is responsible for your injuries, you must act quickly. You have a short time to inform them about your personal injury claim. If you miss that deadline, you may forfeit your right to collect compensation.

Common claims against the government include car accidents involving government vehicles and employees. They also include mass transit accidents, school-related injuries, and injuries from unsafe conditions on government properties.

Speak to a San Diego accident attorney to learn more.

Premises Liability

Premises liability cases involve injuries sustained on another person’s property. Premises liability cases involve injuries that happen on someone else’s property.

Slips, dog bites, pool accidents, or unsafe conditions can cause these injuries. The property owner is responsible if they did not fix these issues. Our team of premises liability lawyers in San Diego has your back.

Asbestos And Mesothelioma

Exposure to airborne asbestos fibers can cause mesothelioma and other asbestos-related diseases. For many years, industry insiders hid the harmful effects of asbestos. Currently, those who have gone through it are enduring significant hardship.

If you or someone you know has faced issues because of asbestos, you may need assistance. Consider reaching out to mesothelioma lawyers in San Diego for help. You might hold companies and past employers accountable for the losses you experienced because of asbestos exposure.

Aviation Accidents

Aviation accident cases are complex matters related to large and small planes, helicopters, parachutes, gliders, and banner towing operations. Aviation accidents often have tragic consequences, including catastrophic injuries and death. Securing a San Diego aviation litigation attorney with expertise in aviation accidents is crucial for successfully pursuing compensation claims against responsible parties.

Assault And Abuse

Criminal convictions are not the sole repercussions faced by perpetrators of assault and abuse. Survivors of sexual assault and abuse can file personal injury claims. They can claim against their offenders and others who may share the blame for the harm done.

Hotels and nightclubs that ignore signs of human trafficking and sexual abuse on their property could face responsibility. They may face consequences for the harm and suffering experienced by victims. To learn more, please contact our San Diego sexual assault lawyers.

Product Liability

Dangerous and defective products can cause unsuspecting consumers to suffer severe injuries. Manufacturers and sellers of consumer products are responsible for keeping consumers safe. They must also warn consumers about any known dangers. They must also provide consumers with instructions for proper use.

Product liability cases usually deal with dangers and problems related to various products. These products can include cars, home appliances, toys, medical devices, medicines, and items with lithium-ion batteries. If you’ve suffered an injury caused by a defective product, we encourage you to reach out to our team of experienced product liability lawyers in San Diego today.

Burn Injuries

Severe burn injuries can cause excruciating pain, scarring, and permanent disability. Burn injury sufferers often face the need to undergo many medical procedures to treat burn damage and scar tissue. Car accidents, fires in buildings and apartments, unsafe construction sites, wildfires, and faulty products often cause burns. These situations need help from a skilled burn injury lawyer in San Diego.

Maritime Injuries

Maritime injuries involve accidents that occur offshore and are covered by federal and state laws. It can be difficult to determine who is responsible and which laws apply. A lawyer who understands personal injury and maritime laws can help.

If a boating accident injured you, contact our experienced maritime lawyer in San Diego. We can help you whether the accident involved a personal boat or a commercial vessel.

Wrongful Death

When an accident causes fatal injuries, the family members left behind face deep emotional and financial losses. If someone else’s actions cause a tragedy, the survivors can ask for compensation. This usually includes money for lost financial support, funeral costs, and the value of services the deceased provided.

This is when a San Diego wrongful death lawyer can help.

Complex Injuries And Medical Issues

Not all injury lawyers should be entrusted to handle personal injury cases that involve complex injuries and medical issues. With over 76 years of experience, our team has handled many different cases. We have attorneys ready to help clients with complex injury matters, including:
Traumatic brain injury
Spinal cord injuries
Complex regional pain syndrome, also known as reflex sympathetic dystrophy
Defective drug and medical device injuries
And more

What Are The Four Elements Of Negligence?

Negligence is a legal theory on which most personal injury claims are based. To hold someone else responsible for an injury and losses, you must prove their negligence caused it. That will involve establishing the following four elements:

Duty of Care

Negligence cases are only valid if the person at fault had a duty to care for you. This duty must exist at the time the injury occurred. A duty of care refers to a person’s obligation to exercise reasonable care to prevent harming others.

Whether the defendant owed you a duty of care will depend on the circumstances of your case. In a car accident claim, the driver at fault should have followed traffic laws and driven safely to avoid harming you. In a medical malpractice case, your doctor should have the same training and skills as other local doctors. They must also provide you with a similar level of care and attention.

Breach of Duty of Care

A breach of duty of care happens when a defendant does not show the reasonable care expected of them. This can lead to injury or death. A breach of the duty of care can occur when someone acts improperly or fails to take adequate steps to prevent harm to others.

Different situations call for a higher or lower standard of care. Therefore, whether the defendant acted “reasonably” will be a highly contested issue.

Start by identifying the standard of care typically expected in your case. Next, evaluate how the defendant deviated from that standard.

Duty breaches can arise in various scenarios. For example, a driver may opt to consume alcohol before getting behind the wheel. A manufacturer might not warn customers about product dangers. Additionally, a doctor could prescribe medication without checking if the patient has allergies.

Proximate Cause

Proximate cause involves evidence that the defendant’s actions or inaction are directly linked to your injury. In other words, the injury would not have occurred if not for the defendant’s behavior or failure to act.

In some cases, proving a proximate cause can be straightforward. If you have a car accident and go to the hospital, your medical records will show that the accident caused your injuries.

However, in other cases, proving a proximate cause is not as simple. If a doctor failed to diagnose your illness early, you need to prove when your symptoms began. You also need to show that the doctor should have recognized your condition but did not.

Another element of causation that the court will consider is whether the defendant’s actions caused foreseeable harm. If the driver was drunk and hit your car, they should have known that drinking and driving can have serious consequences. It may be difficult to show that a doctor should have realized their late diagnosis could lead to you having a stroke.

Damages

The final element of negligence is damage. To hold someone responsible for their carelessness, you need proof of real losses. These can include physical injuries, property damage, medical bills, lost income, and pain or suffering.

If there are no losses for which the court can award compensation as reparation, there is no case. Speak to our team of San Diego personal injury lawyers to learn more.

What Types Of Damages Can I Receive With The Help Of San Diego Injury Lawyers?

Personal injury victims can recover damages. Damages is a legal term. It refers to the money someone can get in a settlement or court decision. There are two types of damages: compensatory and punitive.

Compensatory Damages

Compensatory damages help a victim return to how they were before an accident. Their goal is to restore the victim to their original state. We categorize compensatory damages into two types: financial damages and non-financial damages.

Economic Damages: Compensation that reimburses actual financial losses. Some examples include:

Current and future medical bills: Emergency visits, hospital stays, physical therapy, outpatient procedures, prescription medications, in-home medical care, rehabilitation costs, etc.
Property repair or replacement
Current and future lost wages from missed work while you recover.
Reduced ability to earn money after the accident compared to what you could earn before.

Non-Economic Damages: Compensation for subjective or personal losses. For instance:

Pain and suffering
Emotional distress
Loss of enjoyment of life
Loss of opportunity
Loss of consortium
Physical impairment (e.g., disability, loss of a limb)
Disfigurement
Unjust hardship

Punitive Damages

The second category of damages includes punitive damages, which apply solely in personal injury cases.

These damages are applicable when the defendant demonstrates a blatant disregard for the safety of others. Their purpose is to penalize the defendant for such behavior. They also aim to stop similar harmful actions in the future.

San Diego Statute Of Limitations

Each state imposes a deadline for filing a personal injury lawsuit, known as the statute of limitations. For example, in San Diego, victims typically have two years from the date of the injury. If they don’t find the injury right away, they have one year from when they discover it or when they should have known about it.

If you miss the deadline, the court will likely dismiss your case, and you will lose your right to recover any compensation. As a result, it is best to speak to an attorney and begin the process as soon as possible.

California’s statute of limitations stops victims from threatening to sue for an unlimited time. Secondly, this law keeps the legal process moving. It ensures that evidence stays available and eyewitness memories stay fresh. Over time, people may lose evidence or damage it, and witnesses may become less trustworthy.

What Is My Personal Injury Claim Worth?

Evidence related to the defendant’s misconduct is essential to your case. Insurance companies might increase their settlement offers if they see that you have a strong case.

If your attorney is prepared to go to trial, this can encourage them to settle. This approach helps the companies avoid the expenses and risks associated with a court battle. This helps them avoid the costs and risks of litigation.

Our injury attorneys conduct thorough and exhaustive investigations to discover facts and evidence that strengthen your case. We do not take shortcuts, and your best interest is our number one priority. We are a leading personal injury law firm in San Diego. We are here to help you get compensation for your injuries and losses.

Contact A San Diego Personal Injury Lawyer

If you were harmed by someone else’s mistake, you may be entitled to compensation. This money can help pay for medical bills, lost wages, pain, and other related expenses.

As mentioned earlier, our attorneys only receive payment if they achieve a successful outcome. Our dedicated team of accident lawyers takes on this risk. This lets our clients focus on their recovery and a better future.

We invite you to contact CaseyGerry at (619) 238-1811 or visit our San Diego office for a free consultation. Let’s discuss your situation and explore how we can assist you.

(619) 238-1811