Personal Injury Attorneys
Personal injuries can happen almost anywhere in Oxnard. Sometimes serious injuries result from motor vehicle collisions on the 101 or on local roads in and around Oxnard. Injuries can also result from hazards on various kinds of premises, such as slip and fall injuries that occur at retail stores or restaurants, or assaults that result from negligent security at hotels or motels. In some cases, personal injuries happen at the homes of friends or family members, or even in our own homes, as a result of defective products or dog bites. No matter where or how your personal injury occurred in Southern California, an experienced Oxnard personal injury attorney at our firm can discuss your options for seeking compensation.
Understanding Oxnard Personal Injury Law
What is personal injury law? Personal injury law is an area of the law that is broad and encompasses many different types of lawsuits that arise out of negligence and other forms of liability. In Oxnard, personal injury lawsuits are civil claims that allow injured parties to seek financial compensation from the party or parties responsible for any harm. Personal injury lawsuits are governed by state law, and they are filed by the party who has suffered the injury.
You should know that personal injury law in California is closely related to wrongful death law. In a wrongful death case, state law recognizes that the person who suffered fatal injuries cannot file a personal injury lawsuit for themselves any longer. As such, the law allows certain surviving family members to file a lawsuit instead, and this type of lawsuit is known as a wrongful death lawsuit.
Types of Oxnard Personal Injury Cases Our Attorneys Handle
At the Oaks Law Firm, we represent clients in many kinds of personal injury cases, including but not limited to the following:
- Bicycle accidents.
- Bus accidents.
- Car accidents.
- Construction accidents.
- Dog bite claims.
- Motorcycle accidents.
- Pedestrian accidents.
- Premises liability lawsuits.
- Product liability cases.
- Slips and falls.
- Truck accidents.
- Workplace accidents.
Within these types of personal injury cases, we represent clients seeking compensation for a wide range of injuries. Common injuries that occur in these kinds of claims, and for which you may be able to seek compensation, including the following:
Cuts and lacerations.
Fractures, or broken bones.
Scarring and disfigurement.
Spinal cord injuries (SCIs).
Traumatic brain injuries (TBIs).
Elements of a Personal Injury Negligence Claim in Oxnard
Most types of personal injury lawsuits in Oxnard will be based on a theory of negligence. In other words, you will need to prove the elements of a negligence claim in order to be eligible for compensation. While each personal injury case will have its own specific elements, the following are the general elements of a California negligence claim:
- Duty of care, meaning that the defendant owed you a duty of care.
- Breach of the duty of care, meaning that the defendant acted negligently, or failed to act as a reasonable person would have under the circumstances.
- Causation, meaning that the defendant’s breach of the duty of care caused your injury.
- Damages, meaning that you suffered harm as a result of the injury.
When personal injury lawsuits are not based on a theory of negligence, they are usually based on a theory of strict liability. In California, strict liability cases are generally limited to dog bite claims and product defect or product liability lawsuits. In these cases, there is no need to prove that another party was negligent in order to be eligible for compensation.
Oxnard Personal Injury Damages
Most personal injury cases in Oxnard involve seeking compensatory damages. These kinds of damages are supposed to compensate a plaintiff for their losses. The California Code § 1431.2 recognizes two different kinds of compensatory damages, which include economic and non-economic damages. Here is how the law defines those two types of damages:
- “Economic damages means objectively verifiable monetary losses including medical expenses, loss of earnings, burial costs, loss of use of property, costs of repair or replacement, costs of obtaining substitute domestic services, loss of employment, and loss of business or employment opportunities”.
- “Non-economic damages means subjective, non-monetary losses including, but not limited to, pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, injury to reputation, and humiliation.”
Oxnard Personal Injury Statute of Limitations
How much time do you have to file a personal injury lawsuit in Oxnard? Under California law, most personal injury lawsuits have a statute of limitations of two years, and the clock will start to tick on the date of the injury. In cases where an injury was not immediately discovered, such as in medical negligence claims, a plaintiff may be able to extend the clock and will have one year from the date that the injury was discovered to file a lawsuit. It is important to know that the statute of limitations creates a time limit for lawsuits, and the statute of limitations is not impacted based on whether you file an insurance claim first.
While most personal injury lawsuits do have a two-year statute of limitations, you should know that the clock on certain personal injury cases is much shorter. Any claims based on injuries that occurred on public property, for example, or that require claims against government agencies will have a clock of only six months or one year. Accordingly, you should seek advice from a personal injury attorney in Oxnard as quickly as possible about the timeline for your case.
Contact an Experienced Oxnard Personal Injury Lawyer
Were you injured as a result of another party’s carelessness or intentional wrongdoing in Oxnard or elsewhere in California? You could be eligible to file a personal injury claim. Since there are many different kinds of personal injury cases in Oxnard that require different elements in order to obtain compensation, it is important to speak with one of our experienced Oxnard personal injury lawyers as soon as possible. At the Oaks Law Firm, we can help you to seek the financial compensation you need after a serious accident or injury. Contact the Oaks Law Firm today to learn more about the services we provide to injury victims and their families in Oxnard and throughout Southern California.
CALL TODAY! (877) 539-5366
Recovering the Damages You Deserve
If someone else is to blame for your injuries, you have the right to seek compensation for the full amount of damages you've suffered. These damages can include medical expenses, lost wages, property damage, as well as pain and suffering. You must bring forth your claim within one year of the accident date. Not filing your case within one year will bar you from recovery.