Why Choose Our San Diego Personal Injury Firm?
Injury Areas of Practice
- Car Accident
- Wrongful Death
- Slip and Fall
- Cerebral Palsy
- Dog Bite
- Bike Accident
- Work Injury
- Construction Site
- Motorcycle Accident
- Trucking Accident
- Pedestrian Accident
- Product Liability
- Premises Liability
- Ride Sharing Accident
- Medical Malpractice
- Nursing Home Abuse
- Vaccine Injury
- Electric Bike Injury
- Traumatic Brain Injury
- Hit and Run
- Birth Injury
- Spinal Cord
- Mesothelioma
- Asbestos
- Defective Car Parts
- Catastrophic Injury
- Bus Accident
- Dental Malpractice
- Plastic Surgery Malpractice
Your San Diego Injury Attorney
If you or a loved one has suffered an injury or loss due to an accident or wrongful act, the Law Offices of Melinda J. Helbock are here to help you take action and seek justice. As experienced San Diego California personal injury attorneys, the team is dedicated to helping clients make informed decisions and pursue fair compensation.
Accidents often occur without warning, whether through vehicle collisions, slip-and-falls, medical negligence, or product defects. These incidents can result in serious injuries or even death. Their San Diego personal injury firm understands the complexities of personal injury cases and provides the expert guidance needed to protect your rights and secure the compensation you deserve.
First Steps to Take After a San Diego Injury
- Fast action is a must when you have been injured. Get medical attention if needed, and as soon as possible, contact your San Diego personal injury attorney.
- It is important to only discuss your accident, injuries and other details only with your lawyer. Do this as soon as you can, after you get medical attention for physical harm.
- Get copies of all medical and Police accident reports, photographs, witness information and other documentation from the accident scene. This includes the location, weather conditions, traffic density and other facts from the time of the accident.
- Make an appointment to meet with your San Diego personal injury lawyer. Bring along all your facts, information and documentation.
Stages of a San Diego Personal Injury Case
Your San Diego personal injury attorney will collect all information about your accident and injuries, your income losses and other details that are related to injury-created problems. They have expert witnesses to help with investigations and calculate expenses, including future need for medical care, income and other financial problems that would result from the accident. You life and lifestyle may be drastically affected by your personal injuries; you deserve fair compensation for losses and expenses that those injuries cause.
- Once all the information is collected, your attorney will contact the other party or their legal representative. If no agreements are reached, the case will be filed and move into a court setting. Your San Diego personal injury lawyer is familiar with state and local court systems and procedures and can handle these matters for you.
- Timing is important because in San Diego California, victims only have two years from the time of their accident to file San Diego personal injury claims; six months if the claim is against a government agency. If this deadline is missed, the case would be dismissed and you will lose your opportunity for justice.
- Most San Diego personal injury cases are settled prior to court because it is faster and more beneficial financially to the defendant to make a good settlement. Your San Diego personal injury attorney can also be helpful if you have collection problems.
Fees in San Diego personal Injury cases generally are charged on a contingency basis. You only pay for minor ongoing expenses until and if your case is won; after you receive payment, attorney fees are paid from that settlement or award.
Insurance Companies and Accident Claims
Your San Diego personal injury attorney will work closely with you, to make sure every possible claim is filed and that you get fair treatment from insurance companies. Remember, insurance companies are not going to help you get maximum payments; they only want to minimize costs for their company. Do not sign anything or make an agreement without consulting with your own attorney first.
Typical San Diego Personal Injury Claims:
- Emergency & Medical Care – hospital, surgery, doctor, dentist, nurse, anesthesiologist, transportation, and supplies
- Nursing home, after-care costs, rehabilitation, special equipment, transportation
- Work loss – due to temporary or permanent disability, loss of benefits, loss of future income
- Future costs – medical care, retraining, special needs due to disability
- Wrongful death – funeral, burial, loss of companionship and guardianship, economic losses due to loss of loved one and their support
Some property damage claims may also be included separately by your attorney.
San Diego Personal Injury – Liability and Negligence
There is a broad variety of claims to make under Personal Injury Law. Most involve expenses for medical care and work loss, but if there is a death, survivors can also act to recover costs and financial harm that will occur due to loss of their loved one, their care and financial support. The amount of claims is based on many elements of the case; establishing liability and negligence is critical to winning a case and calculating compensation.
To determine liability, an attorney looks at all aspects of the case, including the accident scene, any warnings, the weather and many other factors aside from the actual accident or non-physical elements.
- To be liable, there must be a duty and a reasonable standard of care.
- There must have been negligent behavior, a breach of that duty, and a failure to use standard care.
- It must be proven that if not for that breach of care, there would have been no injury to the plaintiff.
- That failure must be what caused the injury (proximate cause) and there needs to be proof of actual injury and loss.
- Liability can be shared by several persons or entities; each can be included for recovery of claims.
Injuries may be caused accidentally, deliberately or by negligent/reckless behavior. How a San Diego personal injury accident happens is important, because this affects responsibility and liability for the harm. Many San Diego personal injuries are caused when another person or company fails to use reasonable care and an accident/injury is the result of that negligence. A victim can be partly responsible for their own injury in some cases, if they misuse a product or ignore warnings or the law. A San Diego personal injury attorney also must prove the injury was a foreseeable result of that negligent action. Defense to this accusation sometimes is waged against that term “foreseeable” by arguing that the victim should have been able to foresee a negative result themselves.
San Diego Personal Injury Compensation
The amount of any San Diego personal injury settlement or award is based on the extent and intensity of injuries and other damages. Traffic accidents generate most San Diego personal injury claims in California. Monetary results are generally kept confidential, but recent estimates show that the average personal injury settlement in California is around $31,000 per case as of 2021. To win a San Diego personal injury case, your personal injury attorney must prove both liability and negligence.
Smaller cases, like slip-and-fall accidents, have the lowest settlement amounts, ranging around $2,000. In cases where there are claims for medical malpractice or wrongful death, settlement amounts average over $300,000. Some states, including California, have a cap on some claim awards or settlements.
Personal Injury Settlement Examples
Here are some of the highest personal injury settlements in San Diego, showcasing significant compensation awarded to victims due to various forms of negligence:
- $25 Million Settlement
A San Diego family received a $25 million settlement after a catastrophic car accident caused by a defective vehicle part, leading to severe injuries and permanent disabilities. - $20 Million Settlement
A construction worker was awarded $20 million after a workplace accident resulted in permanent paralysis. The settlement was against the construction company for failing to provide a safe working environment. - $18 Million Settlement
The family of a child who suffered a traumatic brain injury due to medical malpractice received an $18 million settlement from the hospital and attending physicians. - $15 Million Settlement
A San Diego resident secured a $15 million settlement after being severely injured in a truck accident. The trucking company was found liable for inadequate vehicle maintenance and driver fatigue. - $12 Million Settlement
A pedestrian received a $12 million settlement after being hit by a commercial vehicle in downtown San Diego, resulting in life-altering injuries, including the loss of a limb. - $10 Million Settlement
A family was awarded $10 million after a loved one died due to a defective product, resulting in a wrongful death lawsuit against the manufacturer. - $9.5 Million Settlement
A cyclist received a $9.5 million settlement after being struck by a distracted driver, leading to severe spinal injuries and long-term rehabilitation. - $8 Million Settlement
A San Diego woman secured an $8 million settlement after a slip and fall accident in a retail store caused severe back injuries, requiring multiple surgeries. - $7.5 Million Settlement
A burn victim received a $7.5 million settlement after a workplace explosion, holding the employer liable for failing to adhere to safety regulations. - $7 Million Settlement
The family of a San Diego man who died due to medical negligence received a $7 million settlement from the hospital, covering the loss of life and emotional distress. - $6.5 Million Settlement
A motorcyclist was awarded $6.5 million after being hit by a truck, resulting in multiple fractures and a lengthy recovery period. - $6 Million Settlement
A construction accident led to a $6 million settlement for a worker who suffered a permanent disability due to unsafe working conditions on a San Diego job site. - $5.5 Million Settlement
A San Diego resident received a $5.5 million settlement after being injured in a car accident caused by a drunk driver, leading to significant medical expenses and lost income. - $5 Million Settlement
A family was awarded $5 million after a loved one died in a boating accident caused by a negligent operator. The wrongful death settlement provided compensation for the loss and emotional suffering. - $4.8 Million Settlement
A San Diego man secured a $4.8 million settlement after a defective product caused severe burns, leading to extensive medical treatment and long-term rehabilitation. - $4.5 Million Settlement
A pedestrian was awarded $4.5 million after being hit by a car in a crosswalk, resulting in life-threatening injuries and a prolonged recovery period. - $4 Million Settlement
A wrongful death settlement of $4 million was awarded to the family of a San Diego resident who died due to complications from a delayed cancer diagnosis. - $3.5 Million Settlement
A San Diego woman received a $3.5 million settlement after a dog attack led to severe facial injuries, requiring reconstructive surgery. - $3 Million Settlement
A child received a $3 million settlement after suffering permanent injuries in a playground accident due to faulty equipment, holding the manufacturer and park liable. - $2.8 Million Settlement
A motorcyclist was awarded $2.8 million after being involved in a hit-and-run accident, resulting in severe injuries and long-term disability.
Contact Melinda Helbock Law Offices Now
If you’ve been injured in an accident in anywhere in San Diego county including La Jolla, UTC, Encinitas, Solana Beach, Rancho Santa Fe, Carmel Valley, Del Mar, Carlsbad, and Oceanside, it’s essential to seek legal help from a skilled personal injury lawyers. The Law Offices of Melinda J. Helbock A.P.C. provides experienced and compassionate representation to ensure you receive the compensation you’re entitled to. With a deep understanding of California personal injury law, they are committed to protecting your rights and guiding you through the legal process. Contact them today for a free consultation and take the first step towards justice.