It’s common for personal injury victims to become frustrated by obstacles such as an insurance company’s refusal to offer a fair settlement or the lack of necessary medical treatment due to financial issues.
If you have been injured in an accident, a personal injury lawyer can help you understand your claim options.
The experienced team at Ernst Law Group is committed to helping victims move forward with their lives after being injured due to someone else’s negligence.
A personal injury lawyer in San Luis Obispo will guide you through the claims process, which may include taking your case to court.
Call us today for a free consultation.
Determining fault in a San Luis Obispo personal injury accident
When injuries occur due to the negligence of another, there may be more than one party liable.
Victims should seek compensation from all parties involved in the accident that caused their injuries.
First, to find anyone liable for your injury, you must first determine fault. To do so, you will need to demonstrate that the injury was caused by the action or lack of action on the part of the defendant.
Potential impact of comparative fault in California
Comparative fault laws in California allow personal injury victims to recover damages based on their percentage of fault in the accident.
For a victim to recover full compensation, they must not be found guilty of any wrongdoing that may have led to the injuries sustained in the accident. In California, a victim who is claiming comparative fault must be less than 50% liable for the accident that led to their injuries.
Then their compensation will be reduced by the percentage of their fault.
The defendant will likely try to downplay their fault and play up the fault of the victim. This can be prevented by working with a personal injury lawyer who will ensure that your side of the story is properly told in court.
Get effective representation from a San Luis Obispo personal injury attorney
If you or a loved one has been injured due to someone else’s negligence, do not hesitate to contact a personal injury attorney in San Luis Obispo.
At Ernst Law Group, we work with victims of negligence every day and know how difficult the personal injury claim process can be. Our lawyers have over 50 years of experience representing personal injury victims and will fight to get you the compensation you deserve.
Call us at (805) 779-3630 or contact us online for a free case evaluation with a personal injury lawyer near San Luis Obispo, CA.
Why choose Ernst Law Group
No payment upfront
Our lawyers do not require any payment upfront. We operate on a contingency fee basis. This means that payment is based on a percentage of the compensation that we are able to help you recover through your claim.
Therefore, you never have to pay us a cent until we win your case for you. This incentivizes us to win and get you the largest payout possible.
We look out for our own
When you choose Ernst Law Group as your personal injury attorney, we will look out for your best interests and make sure that nothing is left on the table when it comes to settling or litigating your claim.
One call does it all.
Our personal injury lawyers can handle any claim for you with ease.
Every case is prepared for trial from the beginning
Not all cases go to trial, but we prepare every case as though it will. We will take care of all paperwork and negotiations on your behalf.
And if a settlement cannot be reached, we will litigate your claim in court to ensure that you receive the compensation you deserve for your injuries.
We pursue maximum compensation for your injuries
At Ernst Law Group, compensation is not just about the physical injuries you have sustained.
Injuries include mental trauma or lost wages due to taking time off work for medical reasons.
This is why our San Luis Obispo personal injury lawyers will fight to get you the most compensation.
Common types of personal injury claims
Medical malpractice means that you have been the victim of negligent medical care. This can occur in a hospital, during surgery, or during outpatient treatment. Any form of negligence or substandard care by a medical professional falls under medical malpractice.
Wrongful death claims occur when the negligent act of another results in the death of a victim. An example of wrongful death could be personal injuries from a car accident that are so extensive that they cause the victim to die as a result. Their family can then claim damages in their stead.
Slip-and-fall claims happen when the injured victim slips or falls due to an unsafe condition on someone else’s property.
A slip-and-fall accident can occur in a store, at work, or even on someone’s personal property like their lawn. The property owner is responsible for keeping these areas safe and they are often liable for any harm that occurs.
Product liability claims occur when a victim is injured due to a faulty or defective product, as well as products that were mislabeled or failed to include adequate instructions or warnings.
Premises liability claims happen when injuries are sustained due to hazardous conditions on someone else’s property.
Truck accident injuries are often some of the most severe injuries due to the speed and size of a truck. Successful truck accident claims can require special knowledge and experience since multiple parties, including the driver’s employer, may be at fault.
Work personal injury claims happen when injuries are sustained due to unsafe or hazardous conditions on someone else’s property.
Since victims cannot file a dog bite injury claim against an animal, other factors come into play, such as where the bite occurred and how the dog’s owner may have been involved. This increases the need for an experienced personal injury attorney.
Common personal injuries
Back injuries – Back injury claims are some of the most common personal injuries that happen to victims. This includes all sorts of spinal injuries.
Concussion – A concussion is an impact injury to the victim’s brain.
Broken Bones – The impact of an accident can break bones.
Neck Injuries – Neck injury claims happen when an accident causes damage to the neck muscles, tendons, and ligaments.
Scarring – This is a form of disfigurement that can result from lacerations and burns.
Contusions – Bruising is one of the most common forms of injury, but often does not warrant a claim without other personal injuries as well.
Potential damages In a San Luis Obispo personal injury lawsuit
Some damages may include economic losses, such as medical bills and lost wages.
Other injuries are mental and do not have easy-to-read bills attached to them. These include emotional trauma, loss of companionship, and depression.
Our personal injury attorneys will not only fight to get you maximum compensation for your physical injuries but also any emotional trauma or reduced quality of life.
Our hope is that knowing your case is in the hands of professionals that will fight for you can help ease some of your anxiety. We ensure that insurance companies will not take advantage of you by offering settlements that don’t even cover your economic damages.
Work with us to get the maximum compensation so you can get your life back.
How to choose the best personal injury lawyer for your needs
Working with a personal injury attorney is a long-term commitment. Some cases can take years to resolve, so you have to choose someone that you trust. It’s also important that you feel comfortable speaking with your attorney since you’ll likely spend a lot of time working with them throughout your claim.
Before hiring a personal injury lawyer, you should ask them several questions:
- How long has this personal injury attorney been practicing law?
- What personal injury cases have they handled before?
- Have they ever worked with clients from your background (occupation, age, gender)?
- What is their success rate?
- How challenging do they foresee your case being?
- Are they willing to put you in touch with previous clients?
- How many cases do they take on annually?
- Who can you call in the office to ask questions throughout the case?
How does a personal injury claim work?
If you’re going after someone in court for personal injury damages, your lawyer will start this process by submitting an initial statement that includes facts about what happened and what damages were caused.
The other party can then file their own response with a Statement of Defense.
At this point, the other party will likely offer settlement options to the victim to attempt to avoid court.
If a trial is necessary, then you will proceed to take your evidence to court. This involves showing proof of damages and negligence, having witnesses testify, and sharing specifics about the case before a judge and/or jury.
This is why a personal injury case can take years to be settled, as court dates can be delayed and you must work with multiple schedules.
How long does it take to settle a personal injury claim?
Some personal injury claims are settled by the insurance companies within a couple of weeks, while it can take years to settle others.
During these cases, you will have multiple appointments with your lawyer to discuss strategy and decisions.
It’s important to remember that any form of claim for damages can take a long time. You have to be patient and keep your head on straight the entire time you are working with an attorney.
The personal injury lawyers at Ernst Law Group know how challenging these cases can be, which is why we’re always available for our clients during this process.
How personal injury cases differ from other legal cases
If you have been injured because of someone else’s negligent or careless actions, then an attorney from the Ernst Law Group may be able to help you.
Personal injury cases are different from other types of legal disputes in many ways. It is helpful for anyone considering hiring a personal injury lawyer to understand those differences so that they can decide whether they need assistance or can handle it on their own.
Personal injury attorneys focus most of their attention on the impact that an injury has had on the victim and their job, family, and friends. Their argument is structured around the accident and the victim’s life.
This is different from other types of cases, in which the personal or professional life of the plaintiff is less important.
Also, personal injury cases must meet certain criteria to be valid under California law. The personal injury must have been caused by a negligent act committed by someone else. The personal injury must have been severe. Those injuries typically include harm that has resulted in a loss of bodily function, a disfigurement, scarring, or a broken bone.
If your case does not match these criteria, then it will not be heard in court.
Get in touch with a San Luis Obispo personal injury attorney
Ernst Law Group’s personal injury lawyers are ready to help you reclaim the peace of mind that your accident has cost you. Our personal injury lawyers can handle car accidents, construction accidents on personal or public property, slip and fall injuries, dog bites, product malfunctions, dangerous road conditions, and more.
With our decades of expertise and location-specific knowledge, we are the best option for your needs.
Our attorneys can offer you a free, no-obligation case analysis of your situation. To schedule an appointment with one of our San Luis Obispo personal injury lawyers, contact us today.
There are several reasons why victims may benefit from hiring a personal injury lawyer.
The most important reason to hire an experienced personal injury attorney is that it allows you to focus on your personal recovery instead of worrying about the many details involved in filing your legal claim for damages.
Our lawyers will take care of all the paperwork, document gathering, and investigatory work.
Contacting an experienced personal injury lawyer immediately after the accident is critical because the sooner they can get to work on your case, the more likely it will be that you receive maximum compensation for your injuries.
A personal injury lawyer is more likely to get you more compensation than you can get on your own.
Finally, a personal injury lawyer will prevent the defendant’s legal team from bullying you or shifting blame.
Other lawyers know that they can boss around individuals without representation, shift the blame onto them, or get away without paying them a fair settlement. When you work with a personal injury attorney, you can prevent this from happening.
It is extremely important that you do not make any statements, officially or otherwise, to your insurance company or the other party’s insurance company without your lawyer’s permission.
Insurance companies are looking out for themselves. They are simply trying to get you to make a statement that benefits their case and prevents you from getting a personal injury settlement.
Do not make any statements over the phone or in person.
Insurance companies will record these conversations and use them against you in court. Instead, tell them that they can contact your lawyer for additional information. Get their contact information and direct your lawyer to answer their questions.
This will prevent you from accidentally saying anything that could invalidate your case.
It depends. Only some personal injury cases require police presence.
For example, car accident cases almost always require police to contain the scene, help clear debris, and take statements. They will also issue an accident report.
However, other personal injury claims relating to minor incidents such as slip and falls where no illegal acts caused the injury likely don’t require police to attend to the scene. Similarly, medical malpractice injuries likely do not require calling the police.
When the personal injury is more serious, police will often be notified to look into whether or not the personal injury was caused by some sort of criminal act.
Call your attorney first, and they can advise you on how best to proceed with contacting the police.
If anyone is in a life-threatening situation, call 911 and request emergency services.
A slip and fall is a personal injury case caused by the dangerous condition of another party’s property.
For example, if you slipped and fell on an icy sidewalk that was not cleared by the city, you may be able to file a personal injury claim against the city because they did not sufficiently maintain their property.
Or, you could slip and fall in a grocery store due to an unmarked spill that had been there for hours. Then you would be able to file a claim against the store due to their negligence.
A slip and fall injury typically involves the victim falling or tripping due to the dangerous condition of the property.
Under California’s personal injury law, you have two years to file a lawsuit after sustaining personal injuries.
After this time, you will no longer be able to file a lawsuit and be heard in court.
This means that when your case is urgent in nature, it’s important that you file your personal injury lawsuit before the two-year statute of limitations expires. Otherwise, you won’t be able to seek compensation for your injuries and losses.
What Our Clients Say About Us
“I could not be more satisfied with Ernst Law Group. Over the course of my case they were nothing but kind and friendly. When you’re in a situation where you need a lawyer it can be a very stressful time…Samantha Spelman
“Enough cannot be said for the amazing job done for us by the Ernst Law Group. Their compassion and dedication to ‘doing what is right’ makes them go above and beyond in all that they do. After spending time and money on other local attorneys, Don, Taylor and Terry were a blessing to us. They never backed down even though our case was a very unusual case. Thank you Ernst Law Group.“Mary Barrett
“Best personal injury and wrongful death attorneys available! The whole team is friendly, works very hard, is knowledgeable, and will do their best to take care of their clients. The Ernst team is the best around!“Hannah W.