As a peacemaker, the lawyer has a superior opportunity of being a good man. There will still be enough business.
- Abraham Lincoln
How Martin Rose Made a Full Recovery – and Earned a $110,000.00 Settlement – with Help from Silva Injury Law
How Helen G. Earned a $600K Trip & Fall Settlement with Help from Silva Injury Law
Monterey is a beautiful place to live and work, but life as you know it can flip upside-down in an instant if you suffer injuries in an accident. We should all share the roads and other parts of Monterey as safely as possible. Still, unfortunately, some people or businesses might not act with the proper care, causing injuries to others.
When others behave negligently or recklessly, serious accidents can happen, leaving others injured and needing ongoing medical treatment. If you suffered injuries in a recent accident, you may not know where to turn or what you should do.
You have legal options following your accident. In addition to receiving prompt medical treatment for your accident-related injuries, you should discuss your case with a Monterey personal injury attorney as quickly as possible.
At Silva Injury Law, our legal team can meet with you to discuss the circumstances of your accident and determine if you are eligible to file a personal injury claim or lawsuit for monetary compensation. If you are eligible, we can begin working on your case immediately and pursue fair settlement compensation on your behalf.
If the insurance company will not take your case seriously or offer appropriate monetary damages, we can file a lawsuit on your behalf and litigate your case in court.
Our legal team’s primary goal is to maximize the monetary compensation that you receive, either through the settlement or litigation process. Please contact our office today for a free case evaluation and legal consultation with an experienced Monterey personal injury lawyer.
Don`t settle for less than you deserve.
No one chooses to become involved in an accident and suffer injuries. However, negligent individuals and the resulting accidents are unfortunately all too common. Fortunately, the experienced personal injury legal team at Silva Injury Law handles many accident cases.
Some of the most common accident cases that we handle include personal injury claims involving:
If you suffered injuries in any of these circumstances, you should immediately speak with the trusted legal team at Silva Injury Law. We can explain your legal options clearly and help you develop a plan of action to move your case forward through the settlement or litigation process.
Below is a more in-depth look at the personal injury claims our firm handles for injury victims in the Monterey area.
In California, many auto accidents result from a driver’s negligent conduct. A driver is typically negligent when they act unreasonably under the circumstances. For example, a negligent driver might violate a traffic law, speed, drive inattentively, engage in road rage or distracted driving, or drive while under the influence of alcohol or drugs.
To prove that a driver was negligent under the circumstances, you must show that the driver owed you a duty of care they violated in some way. In addition, you must show that you sustained personal injuries in your accident and that the accident and your injuries directly resulted from the other driver’s negligence.
Many accidents, unfortunately, result from truck driver and trucking company negligence, including driver fatigue, lack of training, speeding, driver intoxication, vehicle defects, and truck maintenance issues. Moreover, some truck crashes happen when truck drivers and trucking companies violate state and federal motor carrier regulations.
Since most trucks are significantly larger than the average motor vehicle, serious accidents can lead to debilitating injuries. If a truck driver operates their vehicle while in the scope of their employment, the trucking company may share some or all of the legal liability.
A Monterey personal injury attorney at Silva Injury Law can identify all potentially responsible parties and name them as defendants in any lawsuit you file in court.
Motorcycle riding has several inherent risks due largely to the lack of protection that motorcycles offer their riders. Besides a motorcycle helmet, riders have minimal protection if an accident occurs.
Some motorcycle accidents happen because of inattentive and negligent drivers. In contrast, others occur because of deep potholes or loose gravel that a municipality, such as a city or a county, fails to repair in a reasonable amount of time. Inclement weather conditions may also contribute to a motorcycle crash—especially if a driver does not slow their vehicle down appropriately.
A motorcycle accident lawyer in Monterey can help you file a personal injury claim or lawsuit arising from a motorcycle crash that someone else negligently caused.
Bicycle and pedestrian accidents typically result from driver error. Motorcyclists, bicyclists, and pedestrians have limited protection while on the road. Some of the most common causes of these accidents include drunk and drugged driving, defective roadway conditions, distracted driving, failure to yield the right-of-way, and failing to obey posted roadway signs.
When a large dog attacks a person, the accident victim can suffer severe physical injuries, including bite wounds, teeth mark wounds, puncture wounds, fractures, broken bones, and deep lacerations.
In California, a dog owner is liable for all dog attack injuries. This is true even if the attack results in a relatively minor injury. Moreover, dog owners are responsible for dog bite injuries even if their dog never bit anyone before or showed any vicious propensities previously.
In addition to the physical injuries resulting from a dog attack, an accident victim may also experience severe emotional trauma and psychological injuries, including post-traumatic stress disorder.
Trip and fall accidents are accidents that occur on someone else’s property. Premises owners have to maintain their properties in a reasonably safe condition to benefit their visitors. When a property owner fails to timely warn about or correct a known dangerous defect or hazard on their property, and a property visitor suffers an injury, the premises owner may be legally liable.
Common defects on others’ premises include defective flooring materials, carpeting, staircases, and railings. Other potential trip and fall hazards include food and liquid spills on the floor that the premises owner does not clean up reasonably.
Product manufacturers must make reasonably safe products. Moreover, products should function correctly when a consumer properly uses them. When a malfunction occurs, the injured or ill consumer can file a Product liability claim or a lawsuit against the product manufacturer, designer, or other entity in the product distribution chain.
Premises accidents include slips, trips, falls, and similar incidents on property belonging to someone else. These accidents frequently happen when property owners fail to care for their property reasonably. However, other incidents may fall under the umbrella of premises liability, including swimming pool accidents, boating accidents, and incidents that result from negligent or inadequate security on the premises.
In some instances, an accident victim suffers fatal injuries in an accident. When that happens, surviving family members may be eligible to file a wrongful death claim or lawsuit seeking various types of monetary recovery and damages. Potential damages in a wrongful death case may include compensation for burial and funeral expenses, future lost wages, pain and suffering, medical treatment from the accident date until the deceased individual’s death, and loss of the decedent’s care, comfort, and companionship.
Drivers must always drive safely and carefully. This duty includes refraining from alcohol consumption before and while driving a car.
Accident victims in drunk driving cases still need to prove the legal elements of negligence. However, the other driver might have been per se negligent if they were legally intoxicated when the accident occurred. In that instance, the accident victim will still need to prove the causation and damage elements of their personal injury claim or lawsuit.
Distracted driving car accidents happen when drivers ignore the road. Instead of watching the road, they might look at a cell phone or GPS or listen to loud music in their vehicle.
California prohibits talking on a handheld cell phone while driving. When a driver turns their attention away from the road—even for a short time—they may not see an approaching motor vehicle, bicycle, or pedestrian in the vicinity, causing a severe crash.
Not every nursing home or elder law facility lives up to its duties of professionalism and compassion for others. When nursing home employees and others commit acts of negligence or intentional acts against residents—and a resident suffers an injury or illness as a result—someone acting on the resident’s behalf can pursue a civil claim or lawsuit against the responsible facility or healthcare provider.
The experienced Monterey personal injury attorneys at Silva Injury Law can begin an investigation to determine if abuse or negligence occurred. If so, we will take the appropriate legal action on your behalf.
To recover monetary damages as part of a personal injury claim or lawsuit, you should satisfy four legal elements. First, you must show that another party violated a duty of care they owed you. Next, you must demonstrate that this violation caused your accident. Finally, you must prove that you suffered physical injuries that directly resulted from your accident.
Our skilled legal team can help you prove these elements by retaining experts to testify in your case and gathering the necessary evidence to support your claim or lawsuit.
You need a skilled Monterey personal injury lawyer advocating for you at every stage of your case—especially during settlement negotiations with insurance adjusters.
It is also vital that you not speak with insurance company representatives or submit a recorded statement. In fact, the only reason an insurance company wants to request a recorded statement from you is to see if they can uncover information damaging to your case.
Our legal team can handle all settlement negotiations with insurance company representatives on your behalf. If the insurance company does not offer you fair monetary damages for your injuries, we can file a lawsuit and litigate your case to a resolution in the court system.
Accident victims who can successfully satisfy the legal elements of their claim may recover monetary damages. Recoverable monetary compensation in a personal injury case depends upon multiple factors, including the circumstances surrounding the accident, the severity of the accident victim’s injuries, the cost and extent of their medical treatment, and whether they sustained a permanent injury in their accident.
Potential monetary recovery for accident victims may include compensation for related medical expenses, including the cost of surgical procedures, physical therapy, hospitalization, and doctor visits. In addition, if you miss work, you can claim lost income and other out-of-pocket costs.
Next, accident victims can recover pain and suffering compensation, monetary damages for their mental distress, loss of use of a body part, permanent disfigurement, loss of life enjoyment, inconvenience, past and future pain and suffering, and loss of spousal companionship and support.
Our knowledgeable legal team can help you maximize your monetary damages and work to pursue the highest amount of financial recovery available in your case.
If you suffered injuries in a recent accident resulting from someone else’s negligence, you should take legal action immediately. Accident victims only have two years from their accident date to file a claim or lawsuit seeking monetary compensation.
At Silva Injury Law, our team can begin advocating for you immediately by investigating the circumstances of your accident and filing a claim or lawsuit on your behalf. For a free case evaluation and legal consultation with an experienced Monterey personal injury lawyer, please call us at (831) 471-5060 or contact us online today.
“I cannot say enough good things about Silva Injury Law. Everyone starting with the front desk were very professional, honest and hardworking. Michael and his team worked diligently to make sure everything went as quickly and as smooth as possible. Silva Injury Law genuinely care about their clients and I would highly recommend them.”-Vallerie Rosas
215 W Franklin St #212
Monterey, CA 93940
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
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.
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.
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.
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.
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.