People can suffer harm in various ways, and sometimes, the liable party is a corporate entity. For example, some common causes of personal injury accidents involving businesses include negligent property maintenance and careless employees.
If you believe that a business is responsible for your injuries, you should consult a knowledgeable and resourceful personal injury lawyer. Suing a company can be a complex process, but an attorney can help you pursue fair compensation for your damages.
Mission Personal Injury Lawyers, provide some tips on what you should know if you’re considering a legal claim against a business in San Diego, CA.
When Can a Business Be Liable For a Personal Injury?
A business can be held financially accountable for a personal injury in many ways. Negligence is at the heart of many – but not all – cases.
If you’re filing a claim against a business entity for its own negligence, you’ll have to prove that it:
- Owed you a legal duty of care, such as an obligation to repair or warn of a dangerous condition on the premises;
- Breached that duty by failing to exercise reasonable care under the circumstances; and
- Directly caused the accident and your damages.
For example, a store owner may be deemed negligent if they failed to inspect their property for hazards, leading to a customer’s slip and fall accident. The owner could also be liable for inadequate security, such as if a customer was assaulted due to a lack of reasonable safety measures. These are common types of premises liability claims.
However, negligence isn’t always the only applicable cause of action. For example, a business can be strictly liable if its product injures a consumer due to a defect (product liability). It could be vicariously liable for an employee’s carelessness, such as if a worker caused a car accident on the job.
What Steps Are Involved in Filing a Personal Injury Claim Against a Business?
Each personal injury case is unique, and various factors and circumstances can change the steps involved. However, we explain the general process below.
Seeking Prompt Medical Treatment
You should obtain a medical evaluation right after the accident, regardless of how injured you think you are. This will ensure that any injuries are promptly diagnosed and treated.
Additionally, your medical record will show that your harm resulted from the incident in question. This can help prove the causation element of negligence.
Consulting an Experienced Personal Injury Lawyer
If you’re facing a business in a legal matter, you should consider hiring an experienced personal injury lawyer. Many corporate entities have aggressive defense attorneys and other resources at their disposal. With your own legal representation, you level the playing field.
Most personal injury lawyers in San Diego offer free consultations and take cases on a contingency fee basis. That means you can get legal advice and retain representation with no upfront or out-of-pocket costs.
Gathering Evidence and Calculating Damages
You’ll need strong evidence proving that the business is liable for your damages. The kinds of evidence required will depend on the type of case you’re filing. It could include medical records, surveillance footage of your accident, and eyewitness testimony.
Additionally, you need to identify and assess your losses. You may be entitled to both economic and non-economic damages. That includes medical bills, lost earnings, and pain and suffering. However, you should also consider your future needs. For example, you may require ongoing physical therapy, and your quality of life may be forever impacted by your injury.
You deserve compensation for these and any other losses stemming from your accident. A skilled attorney will ensure that all past and future damages are accounted for in your claim.
Negotiating With the Business or Its Insurance Provider
Once your lawyer has collected evidence and calculated your damages, they will send a demand letter to the business or its insurance company. This letter outlines your damages, legal arguments, and the compensation you’re seeking. It also starts the negotiation process.
The company will respond by denying liability, accepting the terms, or offering a settlement amount. There may be several rounds of back-and-forth negotiations before the parties reach a resolution.
However, if your claim fails to settle, you may need to file a formal lawsuit with the court. That’s especially true if the statute of limitations is near. In California, most claimants must file a personal injury lawsuit within two years of the date they were injured. Failure to do so will result in the dismissal of your case.
Filing a Formal Personal Injury Lawsuit, If Necessary
If you file a lawsuit, you and the opposing side will most likely engage in the discovery process. This allows each party to evaluate each other’s arguments and evidence.
You may reach a settlement agreement at any point. If you don’t, the case will proceed to trial. However, only around 5% of cases are resolved by a court verdict. Most are settled between the parties.
An Experienced San Diego Personal Injury Attorney Can Help You Sue a Business and Maximize Your Recovery
If you’re considering suing a business in San Diego, it’s best to retain legal counsel. Doing so will ensure a more favorable outcome. Speak to a San Diego personal injury lawyer for a free initial consultation to discuss your case.
Interesting Related Article: “What Are the Duties of a Personal Injury Lawyer?“