Do I Have a Case?

How We Evaluate Injury Cases

People are bombarded with legal advertising about personal injury. The backs of telephone books, late night TV, and busses are filled with invitations to speak with an attorney about your personal injury case. At Peach & Weathers, we also do personal injury law. However, we believe we are different. We will analyze your case promptly, giving you an honest opinion about the legal issues involved and your chances of success. Listed here are some of the factors we consider when evaluating your case. To learn more about personal injury law, contact our southern California law firm.

You have a case if:

  • There was an injury to you or your property. The injury to you does not need to be physical.

  • The injury was another's fault, caused by negligence. Negligence is when a defendant did not adhere to the governing standard of conduct and this failure was the direct or indirect cause of the injury. Another way of putting it is that the person causing the accident failed to use reasonable care.

  • The injury occurred within the past two years. The statute of limitations is shorter in certain circumstances. Your lawyer can advise you.

Wrongful death cases have similar considerations. One of the important issues in a wrongful death case is whether the individual is eligible to file a wrongful death claim. In California, people who would normally inherit under the state's probate laws can bring a wrongful death action. In addition, registered domestic partners are also able to file a claim under the state's wrongful death statute.

There are many other considerations, including those involving the liability of children, dangerous work sites, contributory negligence on the part of the plaintiff, and other issues that must be taken into account when appropriate. To learn more about personal injury law, contact Peach & Weathers for a free initial consultation. Find out if you have a case.