Personal Injury Cases

What are Personal Injury Cases?

Personal injury law compensates individuals injured as a result of another’s negligence or intentional misconduct. Personal injury law involves civil claims in which an individual is injured through the negligence, recklessness or intentional misconduct of another person, a company, or a property owner. A personal injury lawsuit may arise from physical or emotional injuries. We know how these cases work and what you’re up against with the insurance companies. If you’re unsure about your next step, reach out—your consultation is free, and we’re here to help

Understand Your Legal Options. Protect Your Rights After An Accident

Accidents can happen anywhere at any time. We assist people who are injured by the negligent, reckless, or illegal behavior of others. We also assist families who have lost a loved one in cases of wrongful death. We can help people recover the proper compensation for their personal injury and get their lives back on track.

California follows a pure comparative negligence system. With this system, a judge or jury assigns a percentage of fault to each responsible party and then apportions the damage award accordingly. Using this system, an injured person may recover his or her damages even if the injured person was 99% at fault in causing the injury, with those damages reduced by his or her portion of the fault.

Here’s a rundown of the different types of compensatory damages that are common in many personal injury cases:

Medical treatment

A personal injury damages award almost always includes the cost of medical care associated with the accident — reimbursement for treatment you’ve already received and compensation for the estimated cost of medical care you’ll need in the future because of the accident.

Income

You may be entitled to compensation for the accident’s impact on your salary and wages – not just income you’ve already lost but also the money you would have been able to make in the future, were it not for the accident. In personal injury legalese, a damage award based on future income is characterized as compensation for an accident victim’s “loss of earning capacity.”

Property loss

If any vehicles, clothing, or other items were damaged as a result of the accident, you’ll likely be entitled to reimbursement for repairs or compensation for the fair market value of the property that was lost. Pain and suffering. You may be entitled to get compensation for pain and serious discomfort you suffered during the accident and in its immediate aftermath – also for any ongoing pain that can be attributed to the accident.

Emotional distress

Usually linked to more serious accidents, emotional distress damages are meant to compensate a personal injury plaintiff for the psychological impact of an injury – including fear, anxiety, and sleep loss. Some states consider emotional distress as part of any “pain and suffering” damage that is awarded to a personal injury plaintiff.

Loss of enjoyment

When injuries caused by an accident keep you from enjoying day-to-day pursuits like hobbies, exercise, and other recreational activities, you may be entitled to receive “loss of enjoyment” damages.

A statute of limitations is a type of law that restricts the period of time that a person may initiate legal proceedings. Time limits can vary depending on the type of case and the state where the particular cause of action occurred.

We know how these cases work and what you’re up against with the insurance companies. If you’re unsure about your next step, reach out—your consultation is free, and we’re here to help.

Decades of experience

Our goal is to ensure that each client of our firm receives exceptional service and representation with superior results. Our Firm is comprised of highly experienced attorneys with decades of litigation and trial background who are well known and recognized in their field of practice. We have experienced and dedicated paralegals and office staff who are committed to taking care of our clients’ needs and expectations.

We have some of the most successful and passionate lawyers in the state. Our legal team was built to provide unmatched service and legal expertise for clients. Although we deliver a wide variety of services, each of our attorneys has specialties and focus areas where they have honed their skills and garnered extensive experience.

Which role does insurance coverage play?

Insurance coverage for design professionals and contractors will also play a critical role in disputes involving construction defects. For there to be insurance coverage for negligence claims there must be resulting damage in the form of property damage and/or bodily injury where the design professional and/or contractor fall below the applicable standard of care.

A defectively designed and installed balcony collapsing and injuring people is an example of bodily injury damage while defectively installed windows and doors leaking and damaging property is an example of resulting damage to property. It is important to note that for there to be insurance coverage for damage to property, the resulting damage has to be to property other than insured’s work. For example, if the defectively installed windows and doors leak and they cause damage to the window and door components and/or water proofing material installed by the same contractor, there maybe defect but since the resulting damage is to the installer’s own work/material, there may be no insurance coverage while the same defectively installed windows and doors leak and damage to hardwood floors of the house that may be type of resulting damage that invokes insurance coverage.

Of course, there could be numerous other exclusions in insurance contracts for a variety of reasons such as mold exclusion, on going operations exclusion etc. That is why it is very critical to contact a lawyer who is well versed on these issues experienced in representing not just homeowners, but also developers, general contractors, sub-contractors and design professionals.

A construction defect claim can range from conditions resulting from aesthetic issues, such as improper surface painting to more intricate and complex issues, such as soil expansion or structural issues, like improper/poor framing and foundation.

Personal Injury Categories

  • Catastrophic/Serious Injury Accidents
  • Wrongful Death
  • Traumatic Brain Injury(TBI) and concussion Injuries
  • Traumatic Spinal Cord Injuries/Paraplegic/Quadriplegic Cases
  • Automobile Accidents
  • Motorcycle Accidents
  • Bicycle Accidents
  • Electric Scooter/Electric skateboard
  • Accidents/Fires
  • Boat Accidents
  • Truck Accidents
  • Bus Accidents
  • Drunk Driver Accidents
  • Racing Event Accidents
  • Pedestrian Injuries/Accidents
  • Agricultural Equipment Accidents
  • Industrial Equipment Accidents

Our promise: Personal attention

You will get to know us well if your case is handled by one of our attorneys. We will be available to directly and personally discuss your needs, look into what happened in detail, and work toward achieving true justice for you. We are available to answer your questions. Every member of our staff is committed to helping clients in any way we can.

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Our Free Consultation promise to you

When you are faced with a legal question it is a daunting task. How do you find the right attorney? How do you explain your problem? How do you go about making an informed decision? You are worried about a variety of things, the least of which is what this will cost. We provide you a “free consultation” to address these questions. Here is what you should expect from your free consultation:

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  • There is no Obligation to Hire
  • Preparation for Your Free Consultation is Essential
  • Legal Compensation will be Explained
Personal Injury Attorney Ayhan M Menekshe

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Office Location

Our Firm covers the entire State of California. The firm’s size, diversity and state-of-the-art information systems as well as communication between offices allows us to offer a comprehensive and integrated range of solutions to our clients.

Menekshe Law Firm, Morgan Hill Office

15940 Concord Cir

Morgan Hill, CA 95037

Tel: (408) 358-1200

Fax: (408) 358-1205