Santa Maria Personal Injury Lawsuits & Settlements

Frequently Asked Questions on Personal Injury Lawsuits

• How do I pay for legal assistance?
• How soon after I am injured do I have to file a lawsuit?
• How do I know if I have a valid personal injury case?
• What is negligence?
• What kinds of expenses can be recovered through personal injury lawsuits in Santa Maria?
• What is the difference between compensatory and punitive damages?
• How much is my personal injury case worth?
• Do I still have a claim if my medical bills were paid by the insurance company?
• How long will it take to get a fair settlement offer?
• Will I have to go to court?

How do I pay for legal assistance?

Most attorneys who handle personal injury claims—including those of the Santa Maria personal injury law firm of Esteban Valenzuela—are paid on a contingency basis.  This means that you do not have to pay anything unless we win your case for you.  Our attorney fees are deducted from your personal injury settlement or award.  If there is no recovery, our fees are not paid.  However, there are court fees for which you are responsible.

How soon after I am injured do I have to file a lawsuit?

California law states that you have two years to file a personal injury lawsuit.  You may lose your legal right to damages for your injury if you miss the deadline for filing your case.

How do I know if I have a valid personal injury case?

In order to recover monetary compensation in a personal injury lawsuit, you must prove:

1. That you suffered damages
2. That the defendant was negligent
3. That the defendant's negligence caused your damages

If you are unsure of whether or not your injury warrants filing a lawsuit, you can meet with an attorney from our firm to discuss the circumstances of your accident.  Our experienced Santa Maria injury lawyers have decades of experience handling Southern California and Santa Maria personal injury lawsuits.

What is negligence?

The law requires all of us to act with "reasonable care" to protect the public.  When someone gets hurt because another failed to act with reasonable care in a given situation, that is negligence.  In order to recover damages in most personal injury lawsuits in Santa Maria, you must prove that someone else was negligent, and that the negligence caused your injuries.

What kinds of expenses can be recovered through personal injury lawsuits in Santa Maria?

Depending on the circumstances of your case, you may be able to recover your medical expenses, including physician's bills, medication, physical therapy, ambulance bills, necessary medical equipment, permanent disability, and other related expenses. Your income loss while you recovered from the accident, reimbursement of personal property that was damaged, and compensation for pain and suffering may also be recovered.

What is the difference between compensatory and punitive damages?

Compensatory damages are paid to the claimant either for actual economic losses or for more subjective losses, such as the loss of enjoyment of life and pain and suffering.  Punitive damages are intended to punish the defendant and to discourage others from engaging in the same kind of negligence involved in your case.  Your attorney can explain more about the type of damages you should seek in your personal injury settlement.

How much is my personal injury case worth?

An experienced injury attorney is your best resource to determine the value of your personal injury lawsuit.   Many factors must be taken into consideration, including the circumstances of the incident, the injuries incurred, medical expenses, current and future pay lost from work, and other losses you have suffered relative to your accident.  For more information about personal injury settlements in Santa Maria, contact the Law Offices of Esteban Valenzuela.

Do I still have a claim if my medical bills were paid by the insurance company?

In many cases you are entitled to compensation beyond just the expense of your medical bills.  Even if your medical bills were paid by insurance, you may still file a claim for your loss of income, permanent disability, damage to property, and future pain and suffering.  Your lawyer can explain more about what can be included in a personal injury settlement.

How long does it take to receive a fair settlement offer?

Personal injury lawsuits can vary in length depending on their complexity.  Insurance companies may attempt to settle quickly, but chances are the settlement will not be fair enough to cover all present and future losses.  Your attorney will thoroughly investigate your claim to assure you get all the money to which you are entitled.  

Will I have to go to court?

More than three-quarters of all personal injury cases are settled out of court.  Cases only go to trial a personal injury settlement cannot be reached to the satisfaction of both parties.  If your suit progresses to this point, the Santa Maria injury attorneys at the Law Offices of Esteban Valenzuela have the expertise needed to present and litigate your case in a court of law and win verdicts in your favor.

Contact Us Today - Se Habla Español.

If you have suffered a serious injury or lost a loved one in an accident, contact the Law Offices of Esteban Valenzuela today at 888-341-3891 for a free initial consultation.