A Brief Summary of the Following Article
- Critical Steps After an Accident: The aftermath of an accident can be overwhelming; critical actions like taking photographs, avoiding discussions with insurance companies, particularly recorded statements, and being cautious of surveillance are pivotal to protecting your rights.
- Legal Timeframes in San Diego: Understanding the statute of limitations is crucial; typically, you have two years to file a personal injury claim in California, but exceptions exist, making timely consultation with a knowledgeable attorney imperative.
- Establishing Liability: Successfully proving negligence involves demonstrating duty of care, breach of that duty, and direct causation of injuries.
- Jassim Law: With over 20 years of experience, Jassim Law offers unparalleled legal representation for personal injury cases in San Diego. They prioritize client well-being and tirelessly pursue justice on their behalf.
Nobody expects to be injured in a sudden accident, and victims are typically unprepared to contend with the aftermath. Frequently, accident victims suffer life-altering injuries that take a physical, emotional, and financial toll on their lives. These issues are even more challenging if someone else’s negligent actions caused your accident. If you suffered a personal injury in San Diego, California, an experienced personal injury attorney in San Diego can help you pursue the justice you are entitled to.
At Jassim Law, our injury attorneys have over 20 years of experience helping personal injury victims in San Diego fight for justice and hold negligent parties accountable for the harm they have caused. Attorney Jassim offers exceptional legal representation and will take the stress of complex legal process and professional insurance adjusters off your shoulders as you heal and recover. When you retain our services, you can rest assured that your case is in the caring hands of a dedicated legal professional, with a proven track record of success. Just read our reviews from real recent clients.
Steps to Take to Protect Your Rights After a Personal Injury Accident in San Diego
While the moments and days after an accident can be confusing and overwhelming, the actions you take during this critical time can significantly impact the outcome of your case. To protect your rights, interests, and the total value of your claim, it is essential to take the following steps:
Take Photographs
Photos taken at the accident scene can serve as critical evidence and may help establish liability for your accident. If you are injured in a car accident, take pictures of the scene, any damaged property (such as your or the other parties’ vehicles), and the injuries you or your loved ones sustained.
Avoid Talking About Your Case or Signing Paperwork
Shortly after your accident, you may be contacted by the insurance company to give a recorded statement or sign a settlement offer. You are under no obligation to give a recorded statement to any insurance company, including your own.
However, insurance companies use these tactics to deny and devalue claims, mischaracterize and distort your statements to use against you later. Remember, insurance companies want to protect their money.
Often, insurance companies attempt to offer victims the lowest amount possible for their injuries, before you have the opportunity to hire a San Diego personal injury lawyer, and even innocent remarks will be used and distorted against you. Before speaking with the insurance company, make sure you have a personal injury attorney in San Diego on your side.
Be Aware of Surveillance
Insurance companies will typically hire a private investigator to manipulate video and photos in an attempt to mischaracterize your injuries as less severe than you claim.
While not everyone is observed by a private investigator, they may be watching you without your knowledge. With this in mind, it is safe to assume you may be watched. While this does not mean you need to live in fear and stay inside, it is vital to your safety and your claim not to overextend yourself and to follow your doctor’s orders.
Close or Privatize Your Social Media
These days, our lives are publicly displayed on sites such as Facebook, Twitter, Instagram, LinkedIn, TikTok, Snapchat, YouTube, and the like. Following an accident, the insurance company will likely investigate your social media accounts as part of your case. They will attempt to “friend” you innocuously, it is best to close down or privatize social media, do not post about your accident, injuries, or treatments.
Photos, posts, comments, events, and places you’ve visited or plan to visit will all be scrutinized and used against you to distort the truth and tell a misleading and false story. For example, the insurance company may claim that you were able to go to the movies, and dinner – therefore, you are not very injured and your life is normal, even though these activities were painful, and uncomfortable for you.
Be careful never to post about your case online, and avoid accepting friend or follow requests from people you do not know. In many cases, closing or privatizing your account may be the best option to protect your rights.
Contact an Experienced San Diego Personal Injury Lawyer
The most significant step you can take following an accident is retaining the services of a dependable San Diego personal injury lawyer. Your lawyer should handle all aspects of your case, while you focus on your medical treatment and healing.
You should be contacting an attorney as soon as you are well enough to pick up the phone and discuss your situation, or have a loved one or family member do it. Your attorney will speak and advocate on your behalf, will help you negotiate with insurance companies, establish liability, and guide you through the complex legal process.
If you need help getting medical care or dealing with health insurance and medical providers, at Jassim Law, we are always proud about being dedicated to helping our clients get the best medical care – no matter whether or what type of health insurance our clients may have. At Jassim Law, our first-class attorneys are committed to fighting on your behalf so you can focus your energy on your healing and recovery. When we take your case, you can trust us to advocate aggressively for your rights and interests.
How Long Do I Have to File a Personal Injury Claim in San Diego?
When you’ve been injured due to someone else’s negligence, time is of the essence in seeking justice. In San Diego, California, there is a specific timeframe, known as the statute of limitations, within which you must file a personal injury claim. This legal deadline varies depending on the type of accident and the injuries sustained. In California, generally, you have two years from the date of the injury to file a personal injury lawsuit.
However, there are exceptions to this rule, and certain circumstances may extend or shorten this timeframe. Consult with a knowledgeable personal injury attorney as soon as possible to make sure you are able to meet all deadlines and protect your right to compensation. Delaying action could jeopardize your ability to recover damages for your injuries and other losses.
Proving Negligence Through a Personal Injury Claim
All personal injury claims in California must meet specific requirements to establish liability successfully. To prove the other party’s negligence and pursue damages for your losses, your San Diego personal injury lawyer must demonstrate the following elements:
- The Defendant Owed You a Duty of Care: Individuals (and their employers if they are on the job when an accident occurs) in San Diego have a legal obligation to act reasonably and responsibly to prevent harm to themselves and others, known as the duty of care.
- The Defendant Breached the Duty of Care: Although the law requires individuals to act with care, it often does not stop them from behaving negligently. Common examples of negligence include disregarding traffic laws or failing to address hazards on your property.
- The Breach Caused Your Injuries and Other Damages: Finally, your attorney must prove that the defendant’s negligence directly caused your losses. Typically, accident victims suffer losses like medical bills, lost wages, and pain and suffering.
Establishing liability in a personal injury claim can be complex and may seem impossible to face alone after a severe accident. Believe it or not, even in the most obvious cases that should be a “slam dunk,” the insurance company or at-fault party often denies fault simply to make it more difficult for the injured person to get a fair recovery.
At Jassim Law, our attorneys are ready to take the stress of the legal process, litigation, and trial off your plate – so you can focus on getting back on your feet. We want you to sleep at night, knowing that we are awake and working on your case!
Our attorneys are committed to leaving no stone unturned as we investigate your claim and pursue the maximum compensation available on your behalf.
How Long Will It Take for My Claim to Settle or Go to Trial?
After an accident, victims are often grappling with physical, emotional, and financial challenges that leave them understandably impatient for a resolution. Understanding the timeline for settling or trying personal injury claims can provide some clarity and relief during this difficult time.
Here’s what may factor into how long your case takes to settle:
Legal Complexity and Timing
Personal injury claims vary significantly in complexity and are influenced by numerous factors, including the severity of injuries, medical treatment, liability issues, and insurance company tactics. While some cases may settle relatively quickly through negotiations, others may require more extensive investigation and even litigation and trial. We always do what is best for each particular client and case.
Medical Treatment and Recovery
The duration of your medical treatment and recovery process will significantly impact the timeline for settling your claim. It’s imperative to prioritize your health and well-being, allowing ample time for thorough medical assessments, appropriate treatments, and ensuring all current and future medical expenses are accounted for in your claim.
Negotiations and Settlement Offers
Your attorney will negotiate with the at-fault party’s insurance company to reach a fair settlement. This process can take time as both parties exchange offers and counteroffers to resolve the claim. Your attorney will advocate for your best interests and work to recover the compensation you deserve. If a fair settlement is not possible, we are always prepared to take your case to trial and let a jury decide.
Litigation and Trial
If negotiations fail to yield a satisfactory settlement, your attorney may recommend filing a lawsuit and pursuing your case in court. While litigation can prolong the process, it may be necessary to secure full compensation for your damages. Your attorney will guide you through each step of the legal process and fight tirelessly on your behalf.
Discuss Your Case With a Proven, Successful Personal Injury Attorney at Jassim Law
The San Diego personal injury attorneys at Jassim Law have 20 years of experience helping personal injury navigate the aftermath of their accident. We have helped countless accident victims in San Diego, California, recover the maximum compensation available for their injuries and other losses. We take the time and care to get to know our clients and the unique details of their cases so we can tailor our approach to their specific needs.
To schedule a free consultation with a member of our unparalleled legal team, call us today at (619) 630-2680 or complete our contact form.
Practice Areas
- Amazon Delivery Truck Accidents
- Amputation Injuries
- Animal Attacks
- ATV Accidents
- Back Injuries
- Bicycle Accidents
- Boat Accidents
- Brain Injuries
- Bus Accidents
- Burn Injuries
- Car Accidents
- Catastrophic Injuries
- Child Injuries
- Commercial Vehicle Accidents
- Concussions
- Construction Accidents
- Cruise Ship Accidents
- Daycare Injuries
- Distracted Driving Accidents
- Drunk Driving Accidents
- E-Bike Injuries
- Government Entity Liability
- Hit and Run Accidents
- Maritime Vehicle Accidents
- Motorcycle Accidents
- Negligent Security
- Nursing Home Abuse
- Orthopedic Injuries
- Pedestrian Accidents
- Personal Injury
- Premises Liability
- Product Liability
- Rear End Accidents
- Rideshare Accidents
- School Injuries
- Slip and Fall Accidents
- Spine Injuries
- Texting and Driving Accidents
- Traffic Accidents
- Train and Trolley Accidents
- Truck Accidents
- Whiplash Injuries
- Workers' Compensation
- Work Accidents
- Wrongful Death
- Youth Sports Injuries
FAQ
Our firm accepts personal injury and employment matters on a contingency fee basis. This means we only earn a fee when we recover money for you. A recovery can include a financial settlement out of court before a lawsuit is filed, during litigation after suit must be filed, or after verdict and judgment after trial. You should not hesitate to contact an attorney because you are concerned about the cost, most if not all personal injury attorneys accept cases on a contingency basis and because they should if they believe in your case. There is no fee unless we recover for you.
The answer is almost always,“YES”– especially when dealing with highly trained insurance adjusters, corporations or government institutions. If you are injured, you will likely incur medical expenses and lost income.
Insurance adjusters (yes, even those employed by your own insurance company with the amusing and clever TV commercials and characters) are trained to protect the insurance company’s money and interests, avoid compensating the injured, dispute and deny fault, and to minimize and belittle your injuries. They often try to shift the blame to you – the injured party – and do so before you’ve had the opportunity to consult an attorney.
Not every lawyer has the same skills, nor can every lawyer handle your case at the same level of commitment, skill and advocacy. The initial days and weeks following an accident or injury are critical to preserve evidence, investigate, and protect your interests.
First, you are faced with the initial trauma and shock surrounding the injury, including dealing with doctors, missed work, and the upheaval of your life in many other ways. At the same time, your legal team must act fast to preserve evidence, obtain witness statements, and conduct a thorough scene investigation. We are here to help every step of the way.
In the midst of that, you will likely be contacted by an experienced insurance adjuster – or “risk manager” – who will “nicely” ask you a series of questions, and ask to record your conversation to use against you later.You should never provide a recorded statementwithout consulting with an attorney first – it can be damaging or fatal to your case. Your words may be distorted, or misunderstood.
While insurance companies often have cute and heart warming TV commercials – most of the time they are trying to protect their financial interests and avoid responsibility. You need a lawyer that is dedicated and loyal to you advocating for your interests.
Unfortunately you and your or your loved one’s well-being is not the insurance company’s top concern. They are working to protect their interests by obtaining recorded statements (to be used against you later), or offering a nominal amount to settle your claimbefore you can hire a lawyer.
To have the best chance of preserving your right to a full and fair recovery for the harms you’ve suffered – your right to civil justice – contact Jassim Law as soon as possible. We will protect your interests, so you can focus on your recovery. Our office never charges for “consultations” and we are always eager to speak with you.
JASSIM LAW has a history of exceptional results in injury cases, and will work swiftly to help with your legal matter – and, with getting your life back on track.
6 Steps After An Injury
Don’t discuss your case with anyone except your attorneys. Do not give recorded statements that will be used in a misleading way. Innocent remarks will be used and distorted against you. If anyone contacts you, ask for their name and contact information, and advise them that your attorney will contact them.
Pictures help tell the story, and describe the accident and injuries. If you are injured in an accident, take pictures of the scene, of any damaged property (such as your or the other parties’ vehicles), and of the injuries you or your loved ones sustained.
Do not sign any statements, waivers, papers, reports, or any other documents unless you are advised to do so by a lawyer. Anything you sign may jeopardize important legal rights. When you’ve been in an accident, it is not uncommon to be dazed, stunned, or confused. That is not the time to be signing documents, especially without consultation from an attorney.
We always offer free consultations with an attorney, either by phone or in person. A lawyer is trained to protect your legal rights and will give you the best guidance. He or she can evaluate your case, and serve as an intermediary between you and the other party and/or their insurance company.
These days, our lives are publicly displayed on sites such as Facebook, Twitter, Instagram, LinkedIn and the like. If you are in litigation, your social media is likely to be scrutinized and investigated. Photos, comments, events, places you’ve visited or plan to visit will all be scrutinized and used against you to distort the truth and tell a misleading and false story. You should never discuss your case, your injuries, or other details on social media. You should immediately close, or privatize your social media sites to the public and should be wary of accepting new “friends” or “followers” that you do not know.
Traffic Accidents
Pedestrian Accidents
Dangerous conditions
Work Accidents
wrongful deaths
Spine and back injuries
Brain Injuries
Animal Attacks