San Diego Personal Injury Lawyer

When someone suffers an injury as a result of negligence or misconduct by another person, a company, or a governmental entity, he or she may seek compensation for financial losses, pain and suffering, and more. Founded in 1947, Casey Gerry has been helping people succeed in personal injury cases for more than 70 years. Our injury lawyers can help you understand the steps toward legal recourse if someone else’s misconduct caused your personal injuries and the daunting process of dealing with an insurance company. Contact us today for a free consultation on your case.

San Diego Personal Injury Resources

• Examples Of  Settlements From A  San Diego Personal Injury Attorney
• Negotiating A Settlement For Damages In A San Diego Personal Injury Lawsuit
• Calculating Damages In A San Diego Personal Injury Case
• Types Of Personal Injury Cases We Handle In San Diego
• Elements Of Negligence In A San Diego Personal Injury Claim
• Compensation Available In A San Diego Personal Injury Claim
• San Diego Personal Injury Statute Of Limitations
• How Much Is Your San Diego Injury Claim Worth

Why Choose Us For Your San Diego Injury Lawyer?

We are San Diego’s oldest and most experienced personal injury law firm. Our injury lawyers are the best in the business and include certified private investigators and a personal injury attorney with extensive courtroom experience. Our in-house investigators are experts in gathering critical information from accident attorney reports, medical records, and witness statements to support clients’ claims. We also work with expert witnesses who can testify in our cases. Clients receive the high-quality representation and resources of a large law firm, along with the personal attention and responsiveness they deserve throughout their cases.

Our thorough investigations and analyses help us hold parties accountable for letting others get hurt. 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 who have against other individuals as well as some of the largest corporations in the world. Below is a snapshot of some of the cases we have handled.

• $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 with the National Football League on behalf of the family of deceased San Diego Chargers player Junior Seau

Negotiating Your Personal Injury Settlement in San Diego

An insurance company for defendants is involved in most personal injury cases. Insurance company adjusters are notorious for trying to take advantage of injury victims. Their practices and procedures often include pressuring injured parties into accepting a settlement that does not provide them with the compensation they deserve.

Adjusters will contact you, often pretending to be concerned about your injuries and saying that they intend to make you whole. 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 most cases, accepting a quick settlement only benefits the insurance company, and it is usually to your detriment to do so. Even if the adjuster tells you that the offer is their best and highest offer, in most cases, it is not. An insurance company will want to minimize the amount they pay for their claims, so their first offer is typically the lowest amount that they think you will accept.

Our injury attorneys know how an insurance company operates, and we will do everything possible to help you get a fair and maximum settlement. Settlement negotiations should not be rushed, 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 and future medical treatment is going to be necessary, it is important to accurately factor in those costs. Otherwise, you may be stuck with future medical bills that you cannot afford. Similarly, if your injuries prevent or limit your workability, future lost income needs to be included in your settlement as well.

Calculating future damages can be a complicated process, and it may be necessary to enlist medical experts to evaluate your injuries and determine your future medical needs. Financial experts might be needed 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 not afraid to go up against government entities, large corporations, automobile and pharmaceutical manufacturers, or any other defendant.

We know that most of our clients do not have resources that compare with large corporate defendants, so we take our cases on a contingency fee basis. 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 accident causes and contributing factors include intoxicated drivers, texting and other distractions, road rage incidents, teen drivers, and automobile defects. 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 generally involve large trucks transporting cargo for hire. Commercial transport is governed by federal and state rules and regulations that do not apply to regular automobile operations. 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

Most passengers assume that the rideshare company’s insurance policy will cover them if they are injured in an accident. Unfortunately, rideshare companies such as Uber and Lyft have found clever ways to escape liability in many cases.

Specific California laws govern rideshare accidents and liability. Recovering compensation for your injuries and damages can be complicated, but experienced San Diego rideshare accident lawyers can make it easier to secure financial recovery from responsible parties.

Cases Against Government Entities

Specific laws and requirements govern personal injury claims against the government. If a government agency, municipality, state, or other government entity is responsible for your injuries, you have limited time to notify the defendant of your personal injury claim. If you miss that deadline, you may forfeit your right to collect compensation.

Common claims against the government include automobile accidents with government vehicles and employees, mass transit accidents, school-related injuries, and injuries caused by dangerous conditions on government-owned 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 often involve slip and fall injuries, dog bites, pool accidents, negligent security, poor property maintenance, and other dangerous property conditions that the property owner failed to remediate. 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. Unfortunately, industry insiders kept the harmful effects a secret for decades, and people who were regularly exposed to asbestos years ago, are now suffering the consequences.

If you or a loved one has suffered asbestos-related injuries and damages, you may need a team of San Diego mesothelioma lawyers by your side. Manufacturers, current and former employers, and other parties may be liable for the losses you have suffered due to 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. Finding a San Diego aviation litigation attorney who has aviation accident experience and knowledge is critical to succeeding in a claim for compensation against responsible parties.

Assault And Abuse

Criminal convictions are not the only consequences that assault and abuse perpetrators face. Survivors of sexual assault and abuse may file personal injury claims against their offenders and anyone else who shared responsibility for the abuse. For example, hotels, nightclubs, and other entities that turn a blind eye to signs of human trafficking and sexual abuse on their property may be liable for the victim’s injuries and damages.  Contact our San Diego sexual assault lawyers to learn more.

Product Liability

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

Product liability cases often involve dangers and defects related to automobiles, household appliances, children’s toys and equipment, medical devices, pharmaceuticals, and any product containing lithium-ion batteries. If you were injured because of a product, reach out to our team of product liability lawyers in San Diego today.

Burn Injuries

Severe burn injuries can cause excruciating pain, scarring, and permanent disability. Burn injury sufferers are often forced to undergo many medical procedures to treat burn damage and scar tissue. Car accidents, building and apartment fires, construction site negligence, wildfires, and defective products are common burn culprits, and require the attention of a skilled San Diego burn injury lawyer. 

Maritime Injuries

Maritime injuries involve accidents that occur offshore and are covered by federal and state laws. Determining liability and knowing which laws apply to each case can be complicated unless you are represented by an attorney who understands personal injury and maritime laws. If you have been injured in a recreational boating accident, on a commercial vessel, or suffered any other type of offshore accident, contact our San Diego maritime litigation attorney. 

Wrongful Death

When accident injuries are fatal, the deceased’s surviving family members are usually left with significant emotional and compensatory losses. When someone else’s misconduct causes fatal accidents, survivors may have a claim against the defendant for some of the losses they suffered. Those damages frequently include loss of the deceased’s financial support and benefits, funeral and burial expenses, and the value of the decedent’s services. 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. Thanks to our 70-plus years in practice and the variety of cases that our team has experience handling, we have attorneys that represent clients in complicated injury matters, including the following:

• 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 another party responsible for an injury and related losses, you must be able to prove their negligence was the cause. That will involve establishing the following four elements: 

Duty of Care

Cases of negligence only have standing if the defendant (at-fault party) owed you a duty of care when 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. For example, if your claim involves a car accident, the at-fault driver would have owed you a duty of care to follow traffic laws and operate their vehicle safely. Whereas if your case involves medical malpractice, your physician would have owed you a duty of care to possess the same training and skills as other doctors in the community and to extend that same degree of skill and care to you.

Breach of Duty of Care

A breach of duty of care is a defendant’s failure to demonstrate the reasonable care expected of them, resulting in an injury or death. Violating a duty of care may be a wrongful action taken by the defendant or a failure to act to prevent injury. Different situations call for a higher or lower standard of care. Therefore, whether the defendant acted “reasonably” will be a highly contested issue. First, you must be able to establish what the expected standard of care was in your case and how the defendant deviated from it. Some examples of situations in which a duty is breached are when a driver is driving while under the influence of alcohol; a manufacturer fails to warn consumers of the potential dangers of using a product; or a doctor prescribes a medication without checking the patient’s medical history for allergies, etc. 

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. For instance, if you were in a car accident and transported to the hospital, medical records will show that your injuries were caused by the collision. However, in other cases, proving a proximate cause is not as simple. For example, if a physician failed to diagnose a condition early on, you will have to establish when your illness began, the symptoms you presented, and that the doctor should have known or determined you were ill but failed. 

Another element of causation that the court will consider is whether the defendant’s actions caused foreseeable harm. For instance, if the defendant was under the influence of alcohol and crashed their car into yours, they should have known that the act of driving drunk could result in harm. On the other hand, it could be harder to prove that a physician should have known that their failure to diagnose an illness early on would result in you having a stroke. 

Damages

The final element of negligence is damage. To hold another party accountable for their negligence, there must be evidence that you suffered actual losses—such as a physical injury, property damage, medical bills, lost income, pain, and suffering, etc. 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 are entitled to recover damages. Damages is a legal term that describes the kinds of compensation that can be recovered in a settlement or court award. There are two types of damages: compensatory and punitive. 

Compensatory Damages 

Compensatory damages are meant to make a victim “whole” again or as close as possible to the state they were in before the accident. There are two subcategories of compensatory damages: economic and non-economic 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. 
• Diminished earning capacity (if you are no longer able to earn income at the same level as before the accident)

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 type of damages, punitive damages, is only available in personal injury accident cases that involve a defendant who acted with an extremely reckless disregard for the safety of others. Punitive damages are intended to punish the defendant and deter others from committing similar harmful acts in the future. 

San Diego Statute Of Limitations

Every state has a statute of limitations, which limits the amount of time you have to file a personal injury lawsuit. For example, in San Diego, victims typically have two years from the date of the injury. Alternatively, if the injury is not discovered immediately, then they have one year from the date of discovery or when they should have known about the injury. 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. 

The purpose of California’s statute of limitations is first to prohibit a victim’s ability to threaten a lawsuit for an indefinite amount of time. Secondly, this law helps ensure that the legal process moves forward, that evidence remains available, and that eyewitness memories are fresh. If too much time has passed, evidence can begin to disappear or become corrupted, and witnesses can become less reliable. 

What Is My Personal Injury Claim Worth?

Evidence related to the defendant’s misconduct is essential to your case. When an insurance company knows that you have a strong case and an injury attorney is prepared to go to trial, they will often increase their maximum settlement offer to avoid litigation expenses and trial uncertainties.

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. As San Diego’s oldest personal injury law firm, our team know what it takes to successfully recover compensation for your injuries and damages.

Contact A San Diego Personal Injury Lawyer

If you were injured as a result of someone else’s misconduct or careless behavior, you may be able to seek compensation for your medical bills, lost wages, pain, suffering, and more. As previously mentioned, our attorneys are only paid if they are successful. Our team of accident attorneys take these risks, so our clients can focus on recovering and finding a path to a better life.

We welcome you to contact CaseyGerry at (619) 238-1811, or visit our San Diego office for a free consultation to discuss what happened and how we can help.

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