Personal Injury in Beaumont, CA

Beaumont Personal Injury Law Firm

If you've been injured due to another person's negligence, you have the right to ask for financial compensation for the losses you've endured. However, pursuing a personal injury lawsuit is no simple task. Defendants and their insurance providers are backed by armies of attorneys ready to defend their clients. Who's looking out for you?

At Tim D. Wright, we defend personal injury victims. Where possible, we resolve cases out of court so our clients can return to their lives. If needed, however, we assemble a litigation strategy and take the case to trial. Either way, we stand by our clients from beginning to end so they can focus on recovering.

What Is Personal Injury?

The essence of a personal injury case is negligence. When another individual, business, or even a governmental agency acts irresponsibly, others can get injured. The injury is often physical, but it can also be psychological or emotional as well.

"Negligence" is a legal term that implies failure to exercise a proper level of care under the circumstances. Another way of putting it is failing to act as a reasonably prudent person would. Negligence can be demonstrated through someone's actions (like speeding or driving intoxicated) or through an omission (such as failing to eliminate a known hazard from one's business property).

To win a personal injury case, the victim must show that the defendant was negligent. There are four particular elements that are required under California legislation:

• Duty of care. The defendant must have owed a duty of care to the plaintiff. Occasionally a duty arises out of a personal relationship between the individuals, such as physician and patient. However this isn't always required. For instance, when you drive on a highway, you owe a duty to other drivers not to be careless.
• Breach. Next, the plaintiff must show that the offender breached the duty of care. This is where the offender's negligent acts and/or exclusions are brought out. It also covers circumstances where the at-fault party breaks a law or engages in deliberate wrongdoing. Breach is generally the most contested part of a personal injury claim.
• Causation. The defendant's breach needs to actually result in injury to the plaintiff. If the defendant acted negligently but didn't hurt the plaintiff, this component fails.
• Damages. These are the losses for which the plaintiff will seek financial compensation. A few of the most common damages are medical expenses, lost income, lost earning capacity, as well as pain and suffering. The nature and amount of damages are hotly disputed in most personal injury cases.

Possible Damages In a Personal Injury Case

The objective of a personal injury lawsuit is to make the plaintiff whole via financial compensation. This compensation is referred to as damages, and some examples are:

• Medical expenses. This broad category can consist of everything from hospital bills and prescription drugs to physical therapy and special adaptive equipment to assist with a victim's day-to-day activities.
• Lost income. While you recover or are hospitalized for your injuries, you will lose time from work and, with it, potentially significant amounts of money. You can ask a court to grant you damages to cover this lost income.
• Lost earning capacity. Your occupational prospects may be cut short or significantly limited after a personal injury. An expert witness can help approximate the future earnings you will lose out on as a result.
• Pain and suffering. These damages account for the pain and emotional trauma you will likely experience for some time to come. Although hard to quantify, they are necessary to catastrophic injury cases.
• Loss of pleasure in everyday life. It may not be possible to enjoy your typical day-to-day activities, hobbies, and other passions after a bad injury. These damages help compensate you for the loss.
• Loss of consortium. This category refers to the deprivation of the advantages of a family relationship. It includes the loss of support, community, companionship, and sexual relationship between spouses brought on by the injury.
• Punitive (exemplary) damages. In rare cases, an at-fault party can be subject to punitive damages. These are meant to penalize the wrongful party and discourage others from engaging in similar conduct.

Are There Time Limits to File a Personal Injury Claim?

Your right to take legal action against a negligent party will not last forever. In California, personal injury claims are subject to what's called a statute of limitations. This sets a deadline for plaintiffs to submit their lawsuits before they lose the right to do so. For a personal injury, the statute of limitations is two years. In most cases, the clock starts to run when the injury occurs.

However, it's best not to procrastinate taking action on your claim. Witnesses' memories can diminish over time, proof will be more difficult to obtain, and you might forget vital information if you wait too long. If you or a loved one have been hurt, reach out to a dedicated Beaumont personal injury attorney.

How Can the Personal Injury Attorneys of Tim D. Wright Assist Me?

Suing a defendant almost always means suing an insurance company, like an automobile insurer. Regardless, you can count on the offender's legal representatives pushing back on your claims or making settlement offers that come nowhere close to covering your losses. You want a lawyer that not only knows California personal injury legislation, but understands how to determine a reasonable value for your case.

At Tim D. Wright, we've helped numerous personal injury clients obtain the compensation they require to recover. We will not accept unjust offers and will stand by you from start to finish. Give us a call or fill out the contact form today to get started on your case.

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