Injury Lawyer in Fresno, CA

Fresno Injury Lawyer

If you've been injured due to someone else's negligence, you have the right to demand financial compensation for the losses you've suffered. However, seeking a personal injury lawsuit is no simple task. Offenders and their insurers are backed by armies of attorneys ready to protect their clients. Who's looking out for you?

At Tim D. Wright, we fight for personal injury victims. Where possible, we settle cases out of court so our clients can return to their lives. If needed, however, we put together a litigation strategy and take the case to trial. In either case, we stand by our clients from start to finish so they can concentrate on getting better.

What Is Personal Injury?

The essence of a personal injury claim is negligence. When another individual, business, or even a governmental agency acts irresponsibly, others can get hurt. The injury is often physical, but it can also be psychological or emotional too.

"Negligence" is a legal term that indicates failure to exercise a proper degree of care under the circumstances. Another way of putting it is failure to behave as a reasonably sensible individual would. Negligence can be displayed through someone's actions (like speeding or driving intoxicated) or through an omission (such as failing to eliminate a known risk from one's company property).

To win a personal injury case, the victim needs to prove that the defendant was negligent. There are four particular elements that are required under California law:

• Duty of care. The offender must have owed a duty of care to the plaintiff. Occasionally a duty arises out of a personal relationship between the individuals, such as physician and patient. But this isn't always necessary. For example, when you drive on a freeway, you owe a duty to other motorists not to be careless.
• Breach. Next, the plaintiff needs to demonstrate that the defendant breached the duty of care. This is where the defendant's negligent acts and/or exclusions are exposed. It also covers circumstances where the at-fault party breaks a law or participates in deliberate wrongdoing. Breach is generally the most contested part of a personal injury claim.
• Causation. The defendant's breach has to actually result in injury to the plaintiff. If the offender acted negligently but didn't harm the plaintiff, this element fails.
• Damages. These are the losses for which the plaintiff will demand financial compensation. Some of the most common damages are medical expenses, lost wages, lost earning capacity, and pain and suffering. The nature and quantity of damages are hotly disputed in most personal injury cases.

Possible Damages In an Injury Claim

The objective of a personal injury lawsuit is to make the plaintiff whole via financial compensation. This compensation is known as damages, and some examples are:

• Medical costs. This broad category can consist of everything from hospital bills and prescription medications to physical therapy and unique adaptive equipment to help with a victim's daily activities.

• Lost income. While you recuperate or are hospitalized for your injuries, you will lose time from work and, with it, potentially considerable amounts of money. You can ask a court to grant you damages to cover this lost income.
• Lost earning capacity. Your occupational prospects might be cut short or drastically restricted after a personal injury. An expert witness can help approximate the future earnings you will miss out on as a result.
• Pain and suffering. These damages account for the pain and emotional trauma you will likely experience for some time to come. Although hard to quantify, they are vital to catastrophic injury cases.
• Loss of enjoyment of day-to-day life. It might not be possible to enjoy your regular day-to-day activities, hobbies, and other interests after a bad injury. These damages help compensate you for the loss.
• Loss of consortium. This category refers to the deprivation of the benefits of a family relationship. It includes the loss of assistance, society, friendship, and sexual relationship between partners brought on by the injury.
• Punitive (exemplary) damages. In rare cases, an at-fault party can be subject to punitive damages. These are meant to punish the wrongful party and discourage others from engaging in similar conduct.

Are There Time Limits to File an Injury Claim?

Your right to file a claim against a negligent party will not last forever. In California, personal injury cases are subject to what's called a statute of limitations. This sets a deadline for plaintiffs to file their claims before they lose the right to do so. For a personal injury, the statute of limitations is two years. In most cases, the clock begins to run when the injury occurs.

However, it's best not to delay taking action on your claim. Witnesses' memories can fade over time, evidence will be harder to obtain, and you could forget vital information if you wait too long. If you or a loved one have been injured, reach out to a committed Fresno personal injury lawyer.

How Can the Injury Lawyers of Tim D. Wright Assist Me?

Suing a defendant usually means suing an insurance company, like a motor vehicle insurer. Regardless, you can count on the offender's legal representatives pushing back on your claims or making settlement offers that come nowhere near to covering your losses. You want an attorney who not only knows California personal injury law, but understands how to establish a fair value for your case.

At Tim D. Wright, we've assisted countless personal injury clients get the compensation they require to recuperate. We will not accept unreasonable deals and will stand by you from start to finish. Give us a call or fill out the contact form today to get started on your claim.

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