Personal Injury Cases

What are “Personal Injury Cases”?

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. Personal injury law compensates individuals injured as a result of another’s negligence or intentional misconduct.

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. For example, in a car accident between Dave and Debbie where Debbie was found to be 99% responsible, and the jury found that Debbie suffered $10,000 in damages, that award would be reduced by Debbie’s 99% fault in causing the injury. In the end, Dave would only have to pay 1% of Debbie’s damages, or $100 in this case.

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.

Testimonials

“The events that followed an accident caused by a negligent driver which resulted in catastrophic head injuries for my son were extremely difficult for me as a mother and for our entire family.  Mr. Menekshe was there with us from hospital rooms to courtrooms, from family meetings to depositions, to mediations to court appearances at every stage of a process with which we had no familiarity. Without his unwavering support and relentless work, against many large firms on the defense side, we would not be able to reach the resolution we were able to reach to secure my son’s future.  Throughout out this difficult litigation processes my family, and I always felt that we were in good hands, our attorneys had our best interest on mind. Even after the case resolved with a very large amount, he helped guide us through all the details and planning. I am very appreciative for all they have done for us.  For all those reasons, I would strongly recommend Menekshe Law Firm.”

S. P., Client
“My accident was a life changing event for me when I suddenly became a quadriplegic at age 22.  I was confused about what was happening to me and what my future would be and the litigation process while trying to deal with my medical care and treatments and the traumatic changes in my life. I wanted to be sure my attorney was someone who I could fully rely on and trust. My father contacted Mr. Menekshe after a referral by a family friend.  When I met him at my parents’ house and had a chance to ask all my questions, I knew that he would be the right attorney to represent me in my case. My case was not an easy one against a very big defendant and took a lot of turns and ups and downs, but throughout the entire process I never had any doubt that I was being taken care of by someone who cared and protected me and worked very hard to get the best resolution for me.  Now, I still stay in touch and share all the positive changes in my life years after the resolution of my case.”
E. S.
“Our case was a large case where Mr. Menekshe represented approximately 24-26 of us in a case involving sexual assault and abuse by a teacher in a school for adults. Throughout the long interviews, meetings, and litigation process, we always felt that we were listen to, heard and assured by our attorney.  Individually and as group, our questions were answered in detail and the process was explained to us as to what was happening and what we should expect further down the road.  Even when we felt the most vulnerable, confused, uncertain and uncomfortable, we believed that we were supported and protected. We had confidence that the result would turn out to be in our favor. Our attorney’s advice guided us through this difficult process, but we were always treated as decision makers and respected by our attorney in that role. Even after a settlement was reached, Mr. Menekshe guided us through all the details of the resolution.”
Various-Anonymous, Client
“When a roofing company I hired for my commercial building charged me hundreds of thousands of dollars and started leaking as soon as they were finished, all I expected was to get my money back but getting a full replacement and all my cost for the litigation is what my attorney got for me and I was elated to be in a situation where they put me in a place better than I expected.”
S. L., Client
“My business litigation lasted over 5 years where after the first few years all the attorneys who represented me told me it was time to retain Mr. Menekshe, he battled against several large firms and many lawyers hired by my ex-business partner and the feeling of vindication and being made whole after all those years was amazing. I was thankful and appreciative far beyond I can express with words.”
T. C., Client

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:

  • The Consultation is Free
  • Your Free Consultation will be with an Attorney
  • Your Consultation is Confidential and Privileged
  • There is no Obligation to Hire
  • Preparation for Your Free Consultation is Essential
  • Legal Compensation will be Explained

Let’s talk about how we can help you today

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