John P. Martin: San Diego Lawyer, Personal Injury, Auto Accident, Products liability

	1400 Sixth Ave, Suite 207 San Diego, CA 92101 (619) 233-5299 Fax: (619) 239-8323

WHAT IS A PERSONAL INJURY?

A personal injury is a broad definition which includes, but is not limited to: car accidents, slip and fall injuries, and damages to your person caused by negligently manufactured or designed products such as drugs, household products, and vehicles or items used on vehicles such as tires. This can include all those products whose design or manufacture may cause injury or do not work the way you reasonably expected them to function.

AUTOMOBILE INJURY

First, there is no such thing as an "accident" in an automobile case. An accident is something, which cannot be prevented. Someone chose to drive a vehicle. Someone chose to drive in such a manner that caused injury to yourself and family. It was no accident. As such, you are entitled to compensation for "economic damages" (lost wages) and "non-economic damages" (pain and suffering) caused by the other person/entities behavior.

THREE HELPFUL SUGGESTIONS IF YOU ARE IN AN AUTOMOBILE COLLISION

OBTAIN MEDICAL ADVICE IMMEDIATELY - DO NOT DENY INJURIES MAY HAVE BEEN SUFFERED:
Many victims receive "soft tissue injuries." This kind of injury is real, but does not show up right away and often with only minimal evidence. In these kinds of injuries people are injured but either don't know it or don't feel it for days and sometimes the damage does not show up for years. It is important to seek a medical professional to minimize your discomfort. Don't be afraid to seek proper medical care to try and "make you whole." GET A SECOND OPINION. THAT IS YOUR RIGHT.
DOCUMENT, DOCUMENT, DOCUMENT!
Only YOU know how much pain and suffering you endure as a result of a collision. A jury or even an insurance adjuster cannot "put themselves" in your place easily. Therefore, it is important to take down at the scene, if possible, names of witnesses, street addresses, license information, insurance information, and take pictures of both the scene and ALL VEHICLES involved in the accident.
1. A picture tells a thousand words. Document and show your injuries such as scars and broken bones or bruised tissues. The body does heal to some extent from a collision, so it is important to document and take pictures carefully to show your injuries.
  Don't expect an adjuster or even a jury to believe you. Often a trial will occur months, or even a year after the incident, so it is important to document and record as much as possible.
2. DO NOT LET THE INSURANCE COMPANY REPAIR YOUR VEHICLE without this important evidence. The impact of a vehicle MAY show how much damage YOU sustained. It is important to also document your pain on a regular basis, i.e. what you do (aspirin, cold compress) and HOW this injury affects your life. This may have a major impact on your future recovery (if any).
3. Report the accident to your insurance company and account for any expenses incurred, whether it is a towing bill, doctors bill or lost wages.
4. Draw a diagram of the scene and events.
WHY SEEK AN ATTORNEY?
The reasons are simple. Do you know the law? Do you know what "discovery" is? How to organize the evidence and make the best possible arguments both to adjusters and to a Court? What motions to file? How to prepare for trial? An attorney is far more likely to answer your questions, help you in this difficult and complicated process. YOU FOCUS ON GETTING WELL; WE WILL WORK ON THE REST.
1. WHY NOT JUST USE MY INSURANCE COMPANY? Common sense and the insurance industries OWN STUDIES show that an attorney can recover several times more financial compensation for their clients than those who do not use an attorney. THE INSURANCE COMPANIES OWN STUDIES SHOW THIS AS A FACT.
2. USE COMMON SENSE: like any corporation, an insurance company wants to make money. They do this by collecting more money than they pay out. If an adjuster can get you to waive away your rights without knowing your injuries are or what your damages are worth, the insurance company SAVES MONEY (at your expense!) DON'T LET AN INSURANCE COMPANY PRESSURE YOU.

DON'T WAIT:

While injuries sometimes take time to develop (and hopefully they heal in time) there are "statutes of limitations" on any lawsuit. If you wait too long to protect your rights, you lose them! It's that simple. Remember to gather your evidence, take pictures and documents your injuries.

WHAT IS PRODUCTS LIABILITY?

Products liability are cases where you, the client, and the attorney, help make a product safer and better or get it taken off the market so it can't hurt others.

Examples include: DRUGS, ENGINES, TIRES, LAWNMOWERS, BABY CARRIAGES. A product is anything used by someone.

FACT: CORPORATIONS ARE DESIGNED TO MAKE MONEY, NOT PROTECT YOU.

Corporations may do good things such as charity, but their primary purpose is to make money for their "owners" which typically are "shareholders" and while a corporation is legally an entity, is NOT a person. A corporation has no feelings. A CORPORATIONS PURPOSE OF TO MAKE PROFIT, NOT PROTECT THE PUBLIC.

We often rely on name brand products and expect either the corporation or the government to protect us. Unfortunately, this sometimes is not the case. Not all manufacturers live up to the expectations of their customers and sell products that are either not property designed or manufactured to insure safety. Other times the manufacturer will fail to warn of the potential dangers of their product and the unsuspecting consumer (YOU) will use and be injured by a product. The injury could have been avoided if properly warned.

Example: A client came to our office with an engine problem on his water boat. His business relied on the boat working as promised. To go faster, the boat had a big propeller, which caused the engine to break every few years, costing the client hundreds of thousands of dollars. The design could have been "defective." This problem could have affected thousands of other boat owners who also bought the same boat.

Courageous clients have helped thousands of defective products that have been taken off the market or improved or add a warning to the label to protect unwary consumers. Other products include "BAYCOL" and many other medical products. Be vigilant in protecting the health and safety of your family and your rights! YOU can make a difference.

The statements on this web site are for information purposes only and not to be construed as a promise or guarantee of any type on the outcome of your particular case and is NOT legal advice. A statute of limitations may apply to your potential claim. This web site does not create an attorney client relationship. This firm limits its practice of law to the State of California. Individual results can and do vary from case to case.