Common Questions in Encinitas Personal Injury Cases
What types of compensation can I receive in an Encinitas personal injury claim?
You have a legal right to be compensated for your economic and non-economic damages. Economic damages are verifiable money damages, such as past and future medical expenses and loss of income. Non-economic damages are subjective, non-monetary losses, physical pain, mental suffering, loss of enjoyment of life, and emotional distress. California Civil Code §1431.2 provides a full list of all economic and non-economic damages available to injury victims.
How long do I have to make a personal injury claim in California?
You have 2 years from the date of injury to file a lawsuit against the at fault parties. This deadline is referred to as the “statute of limitations.” The California statute of limitations for personal injury cases is found at Code of Civil Procedure Section 335.1.
The statute of limitations does not prevent you from settling your claim prior to filing a lawsuit. If you’re not able to settle your case within 2 years from your date of injury, it is extremely important that you file a lawsuit to preserve your right to make a legal claim. If the 2-year deadline passes without a lawsuit being filed, you lose your right to compensation.
What is the value of my Encinitas personal injury case?
There is no secret formula to determine how much your case is worth. Several factors are taken into consideration in valuing your damages, including the severity of your injuries, your past and future medical expenses, past and future loss of income, and past and future pain and suffering.
It is extremely important to have an experienced Encinitas personal injury attorney to obtain compensation for all of your economic and non-economic damages. Insurance companies routinely take advantage of injured people without an attorney, making settlement offers that severely undervalue your case. Our skilled Encinitas injury attorneys will aggressively fight for the maximum value of your case.
Will I have to go to court if I make a Encinitas personal injury claim?
It is highly unlikely you will have to go to court. If your case goes all the way to trial, you would explain to a jury how you were injured. However, if your case is settled at any time before your trial date, you will not see the inside of a courtroom.
It typically takes around a year to go to trial after filing a lawsuit in an Encinitas personal injury case. If your lawsuit is filed at the 2-year deadline from the date of your injury, and you add a year to go to trial, you would have 3 years to settle your case without having to go to court.
Do I have to pay anything to hire you?
Savage Law works on a contingency fee basis, which means that you pay us a fixed percentage of the total amount you receive by way of a settlement or verdict. Our office will advance any costs associated with your claim, such as medical record fees, filing fees, services fees, deposition fees, and expert witnesses.
Savage Law is owned and operated by a U.S. Marine Corps veteran. As a tribute to fellow service members, our office reduces our attorney’s fees for all veterans and active duty military and spouses. Savage Law also donates a portion of our attorney’s fees to a charity of your choice following a settlement or verdict.
Should I call 911 or report the incident to the Encinitas Sheriff’s Department if I’m injured?
Yes. A police report can be very helpful in establishing fault and obtaining compensation for your damages. Calling 911 It is the quickest way to report the incident and receive medical help. The responding sheriff’s deputy will conduct an investigation of your incident, including taking photographs, obtaining witness statements and contact information, and documenting how the incident occurred in a written report.
You can also report your incident and injuries to the North Coastal Sheriff Station by phone or in person. The dispatch phone number is (858) 565-5200, and the sheriff station address is 175 North El Camino Real, Encinitas, California 92024.