Santa Clarita Accident Lawyer

 

Call (661) 388-0000 For Immediate Help!

If you or a loved one have been injured in Santa Clarita through no fault of your own, you may be entitled to compensation. Our Santa Clarita accident lawyer will FIGHT for maximum compensation and ensure you and your family are taken care of.

At The Law Offices of Gerald L. Marcus, we are here to offer support, guidance and experienced legal representation to seek the highest possible settlement or award for your personal injury case. We have successfully recovered over $250 MILLION for our clients.

The majority of personal injury claims are actually settled out of court, but the legal team at our firm approaches each case with enough preparation to go to civil court if this is what’s best for our client.

We take on cases in Santa Clarita and throughout Los Angeles and the surrounding areas, and offer a free initial consultation with a skilled lawyer so that you can learn more about your options and your rights.

Working with A Santa Clarita Accident Lawyer

Since 1987, our firm has been helping accident and injury victims in California. Let us review your case and help you make the right decisions about your insurance claim and your legal counsel.

What to Look for in a Santa Clarita Accident Lawyer

In general, there are a few things you should be searching for in personal injury attorney, in addition to your personal preferences. When you are injured in an accident and left with the steep costs of the aftermath, choosing the right Santa Clarita accident lawyer can be a very pivotal moment in your recovery. The compensation you receive for the accident will assist you in recovering and moving on from this incident.

There are several traits that mark successful and effective personal injury lawyers, and The Law Offices of Gerald L. Marcus is confident that our legal team meets these marks.

• Legal focus: First, it is important to remember that not all lawyers are effective personal injury lawyers. The field of personal injury law is much different than other areas of law; therefore, you should look for someone whose legal focus is centered around or solely dedicated to personal injury law. This means that their professional mindset is in recovering compensation for innocent accident victims like you.

• Past results: Many personal injury lawyers will claim to have the abilities and knowledge your case requires. However, given the nature of the legal field, these claims can be proven or disproven by looking at the track record of one of these legal professionals. Past case results will reflect just how effective and able a personal injury attorney is in handling these types of claims for their clients.

• Relevance: When you have examined the past successes of a potential lawyer, the next step is to determine whether they will be able to assist you in your specific situation. There are many different types of personal injury claims and some areas involve more complex theories than others. Finding an attorney with experience is one thing; finding one with the experience you specifically need is another.

• Quantitative experience: Another simple question to ask is how much legal experience this person has. This has to do with how long they have been practicing personal injury law, how many cases they have handled, how many of those cases they have won or lost, and why. The more experience, the better, because even losses can produce valuable lessons that may benefit your situation in the future.

• Qualitative experience: One last thing to consider is the size of the cases they have handled. While it is true that cases won demonstrate certain qualities, the size of those cases will tell of the individual’s talent. Whether or not your case is a million-dollar claim, having someone who has experienced the pressure and difficulties of such large cases will tell of their aggression, determination, and creative abilities.

We recommend visiting several law offices or at least speaking with a few different attorneys to get a feeling of what’s out there. You can compare what each firm tells you and make a decision based on your criteria.

How Do I Know If I Am Eligible to File a Personal Injury Claim?

By working with your personal injury attorney, you can determine fault and negligence in the accident. If another party was entirely at fault for the accident, leaving you with absolutely no fault for the damages, you are most likely eligible to file a claim. However, insurance companies can be sneaky, and they may try to convince you otherwise or that you are not eligible for a claim. You should only speak to an insurer if you have your lawyer present.

What Is Negligence?

The legal principle of negligence is a key element in any personal injury claim. Unless the plaintiff can prove that the defendant’s negligence was the direct cause of their injuries, the case is unlikely to be successful. Negligence is a non-criminal wrong done by one person to another without the intention of harm but with the absence of reasonable care and prudence. Negligence is present in civil actions as opposed to criminal actions.

Should I Speak to the Insurance Company?

It is in your best interest to refrain from giving the insurance company a recorded statement until you have consulted with a lawyer. If you believe that your injuries were caused by negligence on the part of the other party, then you may be entitled to more compensation than the insurance company will tell you upfront.

The goal of most insurance companies is to settle for as little as possible as quickly as possible. They incentivize most victims with a fast settlement. However, when your life has been transformed by injuries that you did nothing to cause, you deserve a fair settlement that is proportionate to your current and long-term situation.

How Long Do I Have to File a Claim?

The time limit on pursuing legal recourse for personal injury is legally referred to as the statute of limitations. In California, the statute of limitations for most personal injury claims is two years from the date of injury. This means that a claim, however valid it may be, will be rendered invalid if the plaintiff fails to file within the two year limit.

If the case involves professional malpractice, such as, the statute of limitations is extended to three years from the date of the injury. If the injury is not discovered immediately, or if the date of the injury cannot be identified, the plaintiff has one year to file for medical malpractice from the discovery of the injury.

What If I’m Partially at Fault for Causing My Injuries?

In the past, negligence on the part of the plaintiff would completely disqualify them from from being able to seek damages. This is known as contributory negligence, which does not award compensation to plaintiffs who had even the slightest degree of fault in causing their own injuries. However, California is among the states operating by a pure comparative negligence system, where percentage of fault determines the amount of damages paid.

Under a system of pure comparative negligence, the judge or jury will assign percentages of fault to each party and then award damages according to those percentages. This means that if the plaintiff is found to be 25% at fault for their own injuries as a result of their own negligence, their financial award will be reduced by 25%.

Will I Have to Take My Case to Trial?

Not necessarily. In fact, most personal injury claims reach a settlement before getting to the courtroom. Out-of-court settlements are favorable for both parties because they avoid added court costs and lengthy trials. Obviously, you do not want to compromise the amount of compensation that a trial may bring you. However, the right Santa Clarita personal injury attorney can adequately negotiate a fair settlement without having to resort to a courtroom trial.

What Will I Have to Prove to Win a Personal Injury Claim?

There are three main elements in a successful Santa Clarita personal injury claim. The first thing you will have to prove is that there was a duty of care owed by the defendant to you. This would include anything from being a fellow driver on the road expected to follow traffic signs to being a physician responsible for providing reasonable medical care.

Secondly, you must show that the defendant breached that duty by failing to exercise the care that any reasonably prudent person in the same situation would have. Last, you must be able to demonstrate that you suffered damages and that the breach was the direct cause of those damages. These are called the elements of negligence.

Big-Firm Representation, Small-Firm Price, World-Class Service

Contact our BBB-Accredited law firm today at 661-388-0000 and schedule your free case consultation, which is offered over the phone or in-person at our Santa Clarita office. If you are unable to travel, we would be happy to make accommodations to visit you in the comfort of your home or in the hospital for emergency situations.