Personal Injury Claims in Fresno
We Can Fight For Your Compensation
If you have been involved in an accident through no fault of your own, you must speak with a skilled attorney from Fowler | Helsel | Vogt.
As compassionate legal professionals, we are committed to protecting your interests and pursuing your full amount of financial compensation.
Call us 24/7 for your free initial consultation.
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The client suffered severe injuries to his legs when the 2-story ladder he was climbing (which was affixed to the building), detached causing him to fall approximately 15 feet.
The client was rear-ended by a commercial work truck resulting in serious neck and back injuries. After months of conservative treatment, the client eventually underwent surgical repair to her cervical spine.
FHV filed a lawsuit against a local agribusiness on behalf of the father and dependents of a young man whose life was cut short following the release of ammonia gas from the company's refrigeration equipment.
Multiple Car Pile Up Results in $750,000 Recovery for Client.
The driver suffered severe burns due to a salvaged vehicle catching on fire. Settled to the plaintiff for damages.
Choose Fowler | Helsel | Vogt
You can trust Fowler | Helsel | Vogt to look out for your interests. Our Fresno personal injury firm represent clients from a variety of backgrounds who face a wide array of legal challenges. Our goal is to protect your right to receive compensation after an injury or loss due to the negligence of another. You can rely on us to provide you with sound legal counsel, as we work to obtain the compensation you deserve to help cover medical expenses, loss of wages, and pain and suffering.
Filing a personal injury lawsuit after an accident isn't about being opportunistic; it's about receiving the care you deserve and holding the individuals responsible for your injuries financially accountable. The justice system in the United States was designed to protect individuals in your situation, and we are prepared to stand in your corner.
Q: When should I file a personal injury lawsuit?
A: You should file a personal injury lawsuit whenever you think a person or entity is responsible for the harm you have suffered. If you think their reckless or negligent actions contributed to your injuries, you should consider filing a personal injury suit against them.
Q: How do I prove negligence in a personal injury lawsuit?
A: In California, like in many other jurisdictions, a personal injury lawsuit based on negligence typically requires the injured party (plaintiff) to prove certain elements in order to establish the defendant's liability. These elements are essential components of a negligence claim and must be demonstrated to succeed in a personal injury case. The elements of negligence in California are as follows:
- Duty of Care: The plaintiff must establish that the defendant owed them a duty of care. In other words, the defendant had a legal obligation to act reasonably and prudently to prevent harm to others in similar circumstances. The existence of a duty of care is determined by the specific facts of the case and the relationship between the parties.
- Breach of Duty: The plaintiff must demonstrate that the defendant breached their duty of care. This means that the defendant failed to act in a manner that a reasonably prudent person would have under similar circumstances. It involves showing that the defendant's actions or inactions fell below the standard of care expected of them.
- Causation: The plaintiff must prove both causation in fact and proximate causation. Causation in fact, also known as "but-for" causation, requires showing that the defendant's breach of duty was a substantial factor in causing the plaintiff's injuries. Proximate causation, or legal causation, involves demonstrating that the harm suffered was a foreseeable consequence of the defendant's actions.
- Damages: The plaintiff must have suffered actual damages as a result of the defendant's breach of duty and the resulting injury. Damages may include medical expenses, lost wages, pain and suffering, property damage, and other losses related to the injury.
Q: How are personal injury claims calculated?
A: The value of a personal injury claim is determined based on the evidence in your case. Courts will generally use the following factors to figure out how much your personal injury case is worth:
- The entire costs of your injury treatments and medical expenses
- How much income you lost out on because you were injured
- If your injuries are permanent or temporary
Q: Can I claim personal injury if I was at fault?
A: Personal injury claims only cover incidents where your injury was the result of another person’s or organizations’ negligent act or breach of duty. If you are at fault for your injury, you can’t file a personal injury claim.
Q: Can I appeal a personal injury case?
A: Yes, you can appeal a personal injury case. Appealing your case gives you the opportunity to have the court overturn a jury’s decision. In most situations, you can ask a higher court to review the judgment of your case and overturn it. Depending on your case, you can make the request directly with the court that presided over your trial. You might also be able to get a motion for a new trial.
Q: What type of damages am I eligible for?
A: In a personal injury lawsuit in California, various types of damages may be available to compensate the injured party (plaintiff) for their losses and injuries. These damages are intended to make the plaintiff "whole" to the extent possible and cover various aspects of harm suffered as a result of the defendant's negligence or wrongful conduct. The specific types of damages that can be sought in a California personal injury case include:
- Special (Economic) Damages: These are specific, quantifiable losses that have a clear monetary value, such as medical bills, property damage, and lost wages. Special damages are easier to calculate because they are supported by documentation and receipts.
- General (Non-economic) Damages: General damages are non-economic losses that are not as easily quantified. Pain and suffering, emotional distress, and loss of enjoyment of life are examples of general damages. These damages are more subjective and typically require the testimony of experts or other evidence to establish their value.
- Wrongful Death Damages: In wrongful death cases, where a person dies as a result of another party's negligence or wrongful conduct, damages may be awarded to surviving family members. These can include funeral expenses, loss of financial support, and loss of companionship.
- Punitive Damages (in some cases): Punitive damages are intended to punish the defendant for particularly egregious behavior and to deter similar conduct in the future. They are not typically awarded in most personal injury cases but may be available in cases of extreme recklessness or intentional misconduct.
Q: How long will my personal injury claim take?
A: The amount of time it takes for a personal injury case will depend on the context and circumstances surrounding your injury. Some cases can be relatively straight forward, while others are complicated and require litigation and lengthy court proceedings. Determining a precise length of time for your personal injury case is an impossible feat. Some cases can be as long as a couple of months, and others can take years to resolve.
Experienced. Skilled. Compassionate.
At our Fresno personal injury firm, we understand the implications of your case and how to protect you. If you or someone you love has been injured, we encourage you to get in touch with our team as soon as possible. We are ready to aggressively and tirelessly work on your behalf to help you move forward from this incident with a sense of relief.