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Santa Barbara Personal Injury Overview

Personal Injury Overview

Proving negligence in connection with a car accident is very different from proving that a manufacturer's product was unreasonably dangerous or defective. Similarly, two people who suffer the same type of injury may be affected by it and deserve to be compensated for it in completely different ways.

In other words, determining whether you have a case and what we can do to help depends solely on the specific facts and circumstances involved; every case is different.

What Kind of Accident or Event Occurred?

Different types of claims may involve different legal issues and means of proof. Our Santa Barbara personal injury lawyers represent clients in many different types of personal injury lawsuits, including:

Motor Vehicle Accidents

Other Injuries & Accidents

What Happened as a Result?

Minor injuries, severe injuries and fatal injuries are all legally compensable. We work with medical specialists and other experts, as needed, to ensure that the people we represent receive maximum compensation for the injuries and other losses they have suffered.

Serious Injuries

From brain injury to fractures, our Santa Barbara injury lawyers have the experience and knowledge to help when you suffer personal injuries. Whether your injury was caused by a car or vehicle accident, animal attack, slip/trip and fall, defective product, or neglect, we can help. Let us use our experience to help you. To learn if you have a case, contact our southern California law firm at (866) 298-2041.

What Now?

The turmoil that an accident can bring to day-to-day life is tremendous. Suddenly, you may be dealing with painful injuries or grief, doctor appointments, transportation problems, insurance issues and a great deal more. So much, in fact, that it can be easy to lose sight of the fact that you may have legal options. We are here to answer your questions and can protect your rights during this difficult time.

What is Negligence?

Negligence is a legal term that refers to actions or inactions. It is what a reasonable person would or would not do under the same or similar circumstances. There is no strict definition of each and every possible act of negligence, it is open to interpretation by a judge or jury in a civil case. Some actions are easy to label as negligence, such as shooting a firearm in a crowded area. Other actions depend on the context of a situation. For example, most people would consider swerving a vehicle into an oncoming traffic lane to be negligence. But what if someone had to swerve into oncoming traffic to avoid another vehicle heading directly toward him? These kinds of issues make negligence difficult to define, and insurance companies are in the business of making profits, not paying maximum value to injured claimants, which is why you need an experienced injury lawyer on your side.

What is Liability?

Liability is a concept closely tied to negligence and is a legal term for "responsibility" in a civil case. In order for a lawsuit to be successful, the injured party must prove that the defendant was negligent and that his or her negligence caused injuries. Though driving while intoxicated is against the law, simply driving after drinking alcohol does not automatically make a person liable. If the person gets into a car accident while intoxicated, however, he or she may be held liable for damages from that accident because a reasonable person would not drink and drive, and the accident directly caused the victim’s injuries and damages. This direct connection is vital to establishing that the defendant is actually liable for expenses.

What If Someone Else Committed a Crime?

When you file a civil claim, there is no direct relationship between the civil case and any criminal charges that may have been filed. Civil and criminal court proceedings are separate and usually handled by different lawyers. With that in mind, a criminal conviction or admission of guilt can be used in and will strengthen a civil case.

Can I File a Claim for Someone Else?

In some cases, you may be able to file a claim on another person's behalf. For example, parents can file a civil claim on behalf of their child if their child is under 18. You may also be able to file a civil suit for someone who is incapacitated or disabled, e.g., in a coma or dead. In order to do so, you must have a legally recognized relationship with the person: a child filing on behalf of a parent, a spouse filing for a husband or wife, or through a power of attorney or conservatorship.

Aren't Lawsuits Just "Frivolous"?

Not at all, though this is an all-too-common belief; this "theory" has been promoted by the insurance industry, the very companies that want to avoid paying fair compensation to people injured by their insured’s negligence. In reality, so-called frivolous lawsuits are quite rare and almost always dismissed in short order. Experienced lawyers do not take on such cases because we only receive compensation if our client does, which makes any kind of frivolous lawsuit a waste of time for us, as well as for the courts.

Statute of Limitations/Do Not Lose Your Right to Recover Money

If you have been injured due to negligence of another, you may feel that you should adopt a "wait-and-see" approach with respect to your injury, or perhaps you don't "feel up to" deciding whether you want to pursue your legal remedies. You should, however, bear in mind that the law requires you to pursue legal remedies sooner rather than later. This requirement is generally known as the "statute of limitations." If you fail to file your claim within the statute of limitations you may be forever barred from bringing your claim, regardless of the merit of your claim. Therefore, even if you do not think you will be bringing a lawsuit, consulting with an experienced personal injury attorney is essential to determine if any action should be taken to preserve your potential claim.

NordstrandBlack PC offers aggressive representation to our clients so they get the compensation they are legally entitled to. Contact our Southern California law firm today for a free initial consultation to learn about your rights and how we can help after an injury.

Take Action to Protect Your Rights

Call our Santa Barbara law offices directly at (866) 298-2041 or contact us online.

Free Case Evaluations / You Pay No Fees Until We Win

Personal Injury Case Results

  • $750,000 Settlement - Personal Injury - Blindness

∗ Selected cases listed. Every case is different. Past case results are not a guarantee, and similar results may not be obtained in your case. View more case results here.

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