Personal Injury in Santa Barbara

Through litigation and other legal action, the Santa Barbara law office of McCarthy & Kroes represents both plaintiffs and defendants in connection with personal injury claims.

Personal Injury Claims

Personal injury lawsuits can arise whenever a person or business entity breaches a duty of care owed to another, and an injury results from that breach.  For instance, shopkeepers and property owners must keep their premises free of dangerous conditions that could foreseeably cause another to slip and fall or otherwise become injured.  Product manufacturers must design and manufacture their products to be safe in their intended use, while providing adequate warnings about unsafe uses or other dangers associated with their product. 

Drivers of automobiles owe a duty of care to all the other cars on the road to drive in a safe and reasonable manner.  California law requires all drivers to carry liability insurance to compensate others in the event of an accident or accompanying injury.  The minimum liability limits required are $15,000 for personal injury to one person, $30,000 for injuries to more than one person, and $5,000 for property damage.  Despite this legal requirement, as many as 20% of the drivers on the road at any given moment are not carrying liability insurance.  State law also requires all insurance companies to offer uninsured/underinsured motorist coverage to make up for this fact, but many people do not choose to accept this coverage. 

In California, someone injured in a motor vehicle accident may recover against a negligent driver even if the victim was also negligent.  The injured victim may recover against the other driver for that portion of the other driver's negligence which contributed to the accident or injuries, even if it is less than the victim's own portion of comparative fault. 

Although the factual and legal issues may be the same when suing an unrepresented individual versus one with insurance, efforts at recovery and the strategies employed may be vastly different.  In either case, professional legal assistance is required.  Even when dealing with your own insurance company, it is still wise to utilize an attorney in order to make sure you receive the full value of your claim.

California injury law imposes a two year statute of limitations on personal injury actions, which means that you have two years from the date of the injury to file a lawsuit, or you will be forever barred from bringing a claim.  It is therefore important to consult with an attorney as soon as possible to make sure that no legal deadlines are missed, and that the accident can be properly investigated and evidence preserved for a trial that may not begin for months or even years after the accident.

Insurance Defense

Our Santa Barbara injury lawyers have spent years representing insurance companies in defending personal injury claims.  Our lawyers know how to evaluate claims, prepare a case for trial, anticipate potential defense tactics, and achieve a favorable result.  Whether the issue is premises liability, products liability, or general negligence, our skilled trial lawyers have the knowledge and experience to ably represent your interests at the negotiation table for a personal injury settlement or at the courthouse.

Contact Our Santa Barbara Personal Injury Lawyers

If you have been injured in an automobile accident or are facing a personal injury claim, contact the personal injury lawyers of McCarthy & Kroes today for a free consultation.