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If you sustained one or more injuries as a result of an accident or the negligence of another party, you have the right to seek compensation that covers your financial losses. Filing an insurance claim for the injuries sustained due to an accident can help you get compensated, but whenever negligence is a factor in causing a personal injury incident, the best course of legal action might be to file a civil lawsuit that seeks monetary damages.
California has passed numerous personal injury laws, such as setting a deadline for filing a civil lawsuit and following the comparative fault doctrine for awarding monetary damages. Getting legal support from an experienced San Francisco personal injury lawyer is the first step of many steps you need to take on the road to receiving just compensation. An experienced personal injury attorney in San Francisco conducts a thorough investigation, as well as monitors the progress of an insurance claim.
For more than 30 years, the team of personal injury lawyers at Morgan and Morgan has helped clients recover more than $13 billion in monetary damages for personal injury cases such as car accidents and medical malpractice. The key to winning an award for monetary damages involves proving that another party committed at least one act of negligence that caused you harm. Our highly-rated litigators also work with clients to ensure they file the most persuasive insurance claims.
Because Morgan and Morgan operates on a contingency fee basis, you do not have to pay upfront legal fees to receive the best legal representation. Schedule a free case evaluation to learn more about how a San Francisco personal injury lawyer from Morgan and Morgan can help you recover financial losses.
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Morgan & Morgan
What Types of Personal Injury Cases Does Morgan and Morgan Handle in San Francisco?
Morgan and Morgan has represented clients for more than three decades by handling several common types of personal injury cases.
California is known for many things, including the state’s elaborately designed interstate system. San Francisco is known for its undulating terrain where roads and streets run through narrow ravines, as well as expansive stretches of coastal beaches. As with other states, car accidents represent the most common type of personal injury case in California
One of the unique traits of San Francisco is the almost daily rolling in of fog from the Pacific Ocean. Dense fog and driving a motor vehicle are not compatible, which means the per capita car accident rate in San Francisco is much higher than it is for most cities in the United States. Head-on, T-bone, and rear-end auto accidents lead the list of the types of auto collisions. Negligence also plays a role, with distracted driving leading the list of the causes of car accidents.
Slip and Fall
Slip and fall incidents can cause serious injuries, such as a concussion, a fractured wrist, and/or spinal cord damage. Customers of grocery and convenience stores are the most vulnerable to slipping and falling because of the beverages that spill from cups, as well as beverage machines. Businesses that do not take immediate action to address a beverage spill can be held legally liable for causing the injuries sustained by a customer from a slip and fall.
The key to proving negligence is to review security camera footage, as well as interview witnesses.
Despite the in-depth education provided to healthcare workers, mistakes happen at clinics, hospitals, and medical centers across the United States. Mistakes such as misdiagnosis and incorrect medical procedures can cause irreparable damage to a patient. Although most medical malpractice cases are deemed accidents, far too many patients suffer from negligence acts committed by one or more healthcare professionals.
If you believe a healthcare provider committed one or more acts of medical malpractice, contact a San Francisco personal injury lawyer from Morgan and Morgan to explore your legal options.
American manufacturers of consumer goods are responsible for ensuring their products do not cause harm to customers. A defective product can cause a severe injury that results in medical bills that run into thousands of dollars. Product liability cases are common for products such as toys, electronics, and motor vehicles. However, Morgan and Morgan represents clients that have sustained injuries or developed illnesses because of the use of commercial-use products like herbicides.
Sometimes, man’s best friend turns into an adversary by biting an unsuspecting victim. California law holds the owner of a dog responsible for a dog bite if the dog has shown signs of aggression in the past. This means that if a dog has bitten another person before biting you, the owner of the dog is considered negligent in training and controlling the canine.
Dog bite injuries can leave behind permanent scars, as well as force a victim to undergo painful rabies shots.
Workplace accidents technically are not considered personal injury cases because California workers’ compensation statutes cover an employee sustaining injuries while on the job. California law requires employers to purchase workers’ compensation to cover a wide variety of expenses like medical bills, temporary disability, and job retraining programs.
At Morgan and Morgan, we specialize in handling workers’ compensation cases in San Francisco.
What Are the Four Elements of Proving Negligence?
To file a civil lawsuit that seeks monetary damages, your San Francisco personal injury lawyer has to demonstrate another party committed one or more acts of negligence. For example, if another driver ran a red light and then struck your vehicle, your attorney has to gather enough evidence to convince a judge that the other party recklessly operated a motor vehicle and thus, committed an act of negligence by running a red light.
The San Francisco personal injury lawyer that you hire from Morgan and Morgan must prove four elements of negligence.
Duty of Care
Duty of care means another party assumes responsibility for protecting your well-being. For a product liability case, duty of care requires the manufacturer to design and manufacture a product that does not harm a customer. For car accident cases, the duty of care doctrine applies to the operators of motor vehicles.
Breach the Duty of Care
Breaching the duty of care means a party did not uphold the responsibility of protecting another party against sustaining an injury or developing an illness. For example, a convenience store assumes a duty of care to ensure customers do not get hurt while shopping at the store. If a customer slipped and fell because store employees did not clean up a spill promptly, the convenience store violated the duty of care doctrine.
The third element of proving negligence requires your San Francisco personal injury lawyer to link your injuries to a violation of the duty of care doctrine. Submitting medical and physical evidence can show that the other party’s actions caused you harm. The attorney representing the other party might try to claim that you sustained your injuries from another source. For instance, the other party’s attorney might claim that you received a concussion not from a car accident, but from the impact you received during a recreational league basketball game.
Proving the negligent act of another party caused your injuries brings us to the fourth element of proving negligence. You must convince the judge hearing your case that your injuries generated financial losses. The San Francisco personal injury lawyer that you hire from Morgan and Morgan submits persuasive medical evidence such as the results of diagnostic tests, as well as descriptions of treatment programs and physical therapy sessions.
What Are the Types of Monetary Damages for Personal Injury Cases?
The most important goal of a San Francisco personal injury lawyer is to get you compensation for the costs associated with an accident or an incident that involved the negligence of another party. Filing an insurance claim is the first step to recovering financial losses. The second option involves filing a civil lawsuit that can lead to the awarding of three types of monetary damages.
Economic damages represent tangible expenses that should create a paper trail proving an accident or a case of negligence caused financial losses. Medical bills represent the most common type of economic damages. Diagnostic tests, treatment programs, and rehabilitation sessions can cost a considerable amount of money, especially if the illness or injury develops severe symptoms. You also have the right to request compensation to cover the costs associated with prescription medications and the use of an assistive device such as crutches.
For car accident and product liability cases, property damage is a factor in determining the value of monetary damages. If a personal injury incident forced you to miss work, you should file a civil lawsuit to recover lost wages.
Non-economic damages do not come with a price tag. Instead, your San Francisco personal injury lawyer calculates non-economic damages by using a formula that includes the value of economic damages. Non-economic damages cover mental and emotional distress symptoms, such as fear, anxiety, and depression. For example, if you are a victim of medical malpractice, maybe the event that caused you harm has made you fearful to schedule basic physical examination appointments with your healthcare provider.
One common negative emotional outcome of a personal injury incident is called Post-Traumatic Stress Disorder (PTSD).
Judges and juries do not award punitive damages to pay for economic and non-economic damages. Punitive damages punish defendants for committing one or more acts of negligence. Let’s say the defendant in your civil lawsuit failed to repair a stairway handrail on the defendant’s property. Because the handrail broke free of a wall, you tumbled down several stairs, which caused you to sustain a broken arm and dislocated shoulder.
The judge hearing your case can award punitive damages to punish the defendant, as well as deter the defendant from neglecting structural issues on the defendant’s property.
Can I Afford a Lawyer?
Yes. Our attorneys work on a contingency fee basis, meaning you don’t pay us a dime when you hire us and we get paid only if we win your case. Our payment is a fraction of the settlement or jury verdict we obtain for you.
Why Should I Speak With an Attorney?
Ideally, the insurance company for the at-fault party would reimburse your losses in full. However, insurance companies aim to maximize profits, so they’ll likely do anything they can to minimize your payment.
Our attorneys afford you the best chance of achieving a favorable outcome in your case. We can:
- Investigate the cause of your injury and who was responsible for it
- Collect key evidence including police reports and witness statements
- Evaluate the short- and long-term effects of your injury
- Identify the full scope of your losses
- Negotiate a fair settlement with the insurance company
- Go to trial if a settlement can’t be reached
How Much Is My Case Worth?
The value of your case will depend on the severity of your injury, among other factors. Although it’s difficult to estimate what your claim will be worth before reviewing the facts, one thing holds true no matter what: you should never settle for less than your case is worth.
A successful claim may result in compensation for:
- Past and future medical expenses (e.g., hospital bills, therapy, surgery, medication)
- Lost wages
- Pain and suffering
- Punitive damages
- Loss of life’s enjoyment
Contact a San Francisco Personal Injury Lawyer
You have several criteria to consider before choosing a San Francisco personal injury lawyer. Not only should you choose an experienced litigator, but you also should hire a litigator that has compiled a proven record of successfully winning cases. The attorney you hire should be a responsive communicator, as well as a lawyer who tries to negotiate settlements to avoid a costly and time-consuming trial.
Schedule a free case evaluation today with a San Francisco personal injury lawyer from Morgan and Morgan.
¿Usted tiene preguntas acerca de su caso en español?
Los abogados de lesiones personales de Morgan & Morgan entendemos lo importante que es resolver todas sus preguntas legales en el idioma en el que usted pueda entender mejor. Por eso contamos con una sección de Preguntas Frecuentes en nuestra página de abogados.com. Recuerde que en caso de ser victima de un accidente y necesitar ayuda legal, usted cuenta con los abogados de Morgan & Morgan. Siendo el bufete de abogados de lesiones personales más grande de los Estados Unidos, contamos con los recursos y la experiencia que usted necesita para defender sus derechos. ¡La justicia es derecho de todos!