Monterey Personal Injury Lawyers

No matter how careful you are, accidents happen. On the road, in your neighborhood, or around town, there are many ways someone else’s negligence can affect your life. Even if your physical injuries are relatively minor, you may still be left with emotional trauma.

At Silva Injury Law, Inc., we understand what you’re going through when you come to us. We believe that as attorneys, our duty goes beyond just getting a settlement for you. We treat each of our clients with care and compassion while handling your case. If you need Monterey personal injury lawyers, contact us today. You won’t pay anything unless we win your case.

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Cases Monterey Personal Injury Lawyers Handle

Silva Injury Law, Inc. is dedicated to serving clients in the Monterey area in a variety of common personal injury claims. The cases we’ve handled in the past include:

Auto Accidents 

In California, when a driver’s negligent conduct results in a car accident causing injury and property damage to another, that driver may be liable for those losses. Proving negligence requires the existence of the following elements:

  • The driver owed a duty of care to others;
  • The driver breached that duty of care; and
  • You suffered injuries and property damage resulting from the breach of that duty of care.

Retain a qualified Monterey personal injury attorney to assist you in building your case for recovery after an auto accident.

Truck Accidents 

Truck accidents often result in severe injuries. Unfortunately, truck accidents happen more commonly than you might think. A variety of factors may cause a truck accident including:

  • Distracted driving,
  • Driving under the influence,
  • Driver fatigue,
  • Lack of driver training,
  • Speeding,
  • Maintenance issues, or
  • Defects in the vehicle.

Due to their size, truck accidents typically cause more severe injuries than car accidents. When a crash occurs due to a truck driver operating their vehicle while working, determining who is responsible becomes complex. In these situations, both the truck driver and the truck driver’s employer may be responsible. Therefore, it’s crucial to retain Monterey personal injury attorneys to represent you in this type of complex case.

Motorcycle Accidents 

Motorcycle accidents carry substantial risks. Many riders rely on the attentiveness of other drivers on the road to keep them safe. Unfortunately, this does not always occur. Many factors contribute to motorcycle accidents, including:

  • Inattentive drivers—Drivers often don’t look for motorcyclists when changing lanes. This conduct often results in collisions with motorcyclists on roadways.
  • Road hazards—Potholes and loose gravel often cause motorcycle accidents. State and local governments are responsible for maintaining safe roadways, so you may have a claim against these agencies if you suffer injuries due to road hazards.
  • Weather conditions—In unfavorable weather conditions, drivers must take extra precautions when operating their vehicles. When they don’t, accidents often happen.

A motorcycle accident may result in severe injuries. A Monterey injury lawyer will work to protect your interests as you work toward recovering.

Bicycle and Pedestrian Accidents 

Bicyclists and pedestrians face dangers when riding and walking on roads they share with cars and motorcycles. There are multiple causes of bicycle and pedestrian accidents, including:

  • Driver distraction;
  • Failure to yield;
  • Defective road conditions;
  • Driving under the influence of alcohol or drugs;
  • Distracted bicycling;
  • Failure to obey pedestrian and road signs; and
  • Night riding without lights or safety clothing.

Pedestrian and bicycle accidents often result in severe injuries because these people do not have the protection provided by a vehicle.

Dog Attack and Other Animal Injuries 

Dog bites happen almost every day. In California, dog owners’ liability exists for any type of dog attack, even one resulting in a minor injury. California subjects dog owners to the standard of strict liability. This standard of liability makes a dog owner liable for injuries their dog causes, regardless of whether their dog has any history of aggressive behavior. Even if your physical injuries are minor, dog bites often result in psychological and emotional trauma. You have a right to sue for your emotional distress and physical injuries following a dog bite. Contact a Monterey injury lawyer to discuss your rights.

Slip and Falls 

Slip and fall lawsuits represent lawsuits against a property owner. When someone slips and falls on the property of another due to unsafe conditions on that property, they may recover for their injuries against the property owner. California law requires all property owners to maintain their property in a safe condition for residents, visitors, and consumers and to warn of any existing dangers. A short statute of limitations exists for slip and fall lawsuits. If you get injured in a slip and fall accident, your time to file is only six months from the date of the incident. Therefore, it’s imperative that you contact a Monterey injury attorney as soon as possible to discuss your case.

Sexual Harassment 

Everyone deserves the right to work in an environment free from sexual harassment. Some employers may try to brush off inappropriate conduct as a joke. However, sexual harassment is no joking matter. Multiple state and federal laws exist to protect employees and their right to work in an environment free of sexual harassment. There are typically two types of sexual harassment in the workplace. These include:

  • Quid Pro Quo Harassment—This occurs when an employer conditions employment on satisfying sexual advances or demands.
  • Hostile Work Environment—A hostile work environment occurs when one subjects an employee to unwanted sexual advances, physical contact, or sexual comments. A hostile work environment may include exposure to unwanted sexual jokes, photographs, or other similar types of behavior.

Sexual harassment is an isolating experience. Don’t let it deter you from coming forward to protect your rights. Contact Monterey’s personal injury lawyers to discuss your rights if you experienced sexual harassment.

Product Liability and Premises Liability 

When someone correctly uses a product but due to product defects suffers an injury, they have the right to recover compensation for their injuries. Potentially harmful products can result in serious injuries, illness, and even death. To establish a claim for injuries resulting from a defective product, California requires proof of negligence. Product liability law represents a particularly complex area of law. Don’t go about it alone. Contact a Monterey injury lawyer today.

 

Premises liability refers to the injuries one may sustain when they are on the property of another. This includes slips and falls that were mentioned previously. California property owners owe a duty of care to people who visit their property. For example, if a property owner has knowledge of a dangerous condition on their property they have a duty to give notice of this dangerous condition to visitors. If they don’t and someone gets injured, the injured party can sue the owner for damages through a premises liability lawsuit.

Wrongful Death 

You can sometimes bring a wrongful death lawsuit when a loved one is killed due to the negligence of another. These lawsuits are brought by surviving family members, such as the spouse, children, or others who relied on the deceased person for support. Wrongful death lawsuits require proof that the conduct of one person caused the death of another. Additionally, a statute of limitations exists for bringing a wrongful death claim. Therefore, it’s vital to speak to a Monterey personal injury attorney about your potential wrongful death claim promptly.

 

If you or a loved one suffered injury because of someone else’s negligence, you may have a claim. Receiving a settlement or jury award can help offset the expense and stress that comes after an accident. Contact a Monterey personal injury lawyer for a free case review or if you have questions about your claim.

Do I Need a Monterey Personal Injury Attorney?

A common question clients have is whether a legal practitioner is really necessary. When it comes to personal injury cases, the answer is yes. Just like any other claim, the legal proceedings in a personal injury case are complex.

We Will Fight for You Against Insurance Companies

Additionally, insurance companies do not play fair, especially with claimants representing themselves. Remember than an insurance company has a vested interest in paying you as little as possible. From the start, they will give you lowball offers and try to pressure you into accepting a claim.

 

Silva Injury Law, Inc. has the experience negotiating with these companies necessary to ensure that you aren’t bullied and that you get a fair settlement. Simply having a Monterey personal injury attorney already tells the insurance companies that you mean business. If necessary, we will take the case to trial to get you the compensation you deserve.

How Long Does It Take to Resolve a Personal Injury Claim?

Each personal injury case is different. As a result, it is difficult for Monterey personal injury lawyers to give an exact estimate of how long your case might take. Ultimately, the length of a case depends on several factors.

 

Before starting his own firm, Michael Joe Silva worked for several years at the Merced County District Attorney’s Office as deputy district attorney. Mr. Silva uses the advocacy skills he learned there to provide effective and dedicated representation to his personal injury clients.

 

If you’ve been injured and are seeking compensation, Silva Injury Law, Inc. can help. Contact us today online or by phone at 831-471-5060 for a free consultation.

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Promoting Healing Through Compassionate Advocacy

We believe that our duty goes beyond achieving large monetary awards for our clients. We strive first to be decent human beings who seek not to stir up fights, but to solve problems.

As a peacemaker, the lawyer has a superior opportunity of being a good man. There will still be enough business.

- Abraham Lincoln

The Number of Parties Involved

A case with multiple defendants or complicated claims may take longer than a case with a single defendant. This is partially because the parties will spend additional time arguing over what level of fault they are responsible for.

Whether Your Case Goes to Trial 

Ideally, we would present your case to an insurance company and they would pay out a fair amount. In reality, the settlement negotiation process takes some time and doesn’t always resolve nicely. If the case goes to trial, the backlog of cases already in the court system can extend the length of your case significantly.

At Silva Injury Law we strive to promote healing through compassionate advocacy.

The Amount of Compensation Involved

Larger dollar amounts will naturally require more time to obtain. As mentioned above, insurance companies have an interest in paying you as little as possible. More proof and strong evidence will be necessary to show them that your injuries warrant a larger settlement. Generally, a case can take anywhere from several months to several years to reach a resolution. During an initial consultation with a personal injury lawyer in Monterey, residents can discuss more of the details of their case.

What Damages Are Available in a Monterey Personal Injury Case?

The damages in a personal injury case can change depending on your specific circumstances. In general, however, the following damages are available: Current and future medical expenses; Lost income; Lost future income as a result of reduced earning capacity; Loss of consortium (the intimacy and companionship of a spouse or domestic partner); Pain and suffering, including loss of enjoyment of life; and Punitive damages (in some cases). Other damages may be available as well. It is important to speak with a Monterey personal injury lawyer about your case. Doing so will give you a better idea of the specific kinds of damages that might be available to you.

How Much Is My Case Worth?

Settlement calculations can vary widely from case to case. When you speak with Monterey personal injury lawyers, they may be able to give you a “ballpark estimate” of how much your claim is worth. However, keep in mind that there are many factors that influence the value of a claim. Some of these include: The cost of current and future medical expenses; Lost wages and income; Reduced earning capacity; Damage to personal property; The severity of the injuries suffered; and Whether the injured party was partially at fault. Plaintiffs in California can still recover damages even if they are partially at fault for their injuries. This is because California is a pure comparative negligence jurisdiction. In these jurisdictions, a plaintiff’s level of fault simply reduces the amount of damages available to them. As a result, even if a plaintiff is 99% to blame, they can still recover 1% of damages. For example, imagine that a jury awards a plaintiff $100,000 and finds the plaintiff 50% liable for their own injuries. In that scenario, the plaintiff could still recover 50% of the damages awarded.