Personal Injury Litigation in Santa Barbara

Choosing a Santa Barbara personal injury law firm with the experience to get you the best results is a critical first step. The law firm you choose to represent you for a serious injury or wrongful death claim makes a huge difference in the amount of money you recover for your claim. At McCarthy & Kroes, we understand how much your future depends on the outcome of your case. We will fight for you and help you recover the maximum compensation available.

Personal litigation in Santa Barbara can be daunting. Knowing the personal injury laws in Santa Barbara is essential to any case brought before a court of law.

First, time is not on your side. Personal injury law in Santa Barbara dictates a two year statute of limitation for any personal injury case. That means that the clock starts ticking when the injury is reported. As soon as possible, contacting an experienced and knowledgeable attorney is key.

Personal injury law in Santa Barbara, like all of California, is based in the law of "torts". A tort is a harmful act or failure to act for which the law provides a remedy.

Santa Barbara personal injury laws describe the basic principle of tort law being that an injured person be compensated by those responsible for their injuries. Thus, a victim of a tort has the right to sue the "tortfeasor" (the person committing the tort) for damages.

In a civil lawsuit, the plaintiff, or person who files the injury claim, must prove his or her case "by a preponderance of the evidence." In other words, the plaintiff must show that a majority of the evidence establishes that the defendant is liable. The attorneys at McCarthy & Kroes are equipped to handle both the plaintiff and defendant sides of injury litigation in Santa Barbara, making us the obvious choice for your Santa Barbara personal injury litigation needs.

California Injury Law

In Santa Barbara injury law, there are several steps beginning at the point of filing the lawsuit until a trail. While the vast number of cases settle before going to trial, it is critical to hire a personal injury attorney with trial experience in the event that you need a representative in court. At McCarthy & Kroes, our experience stemming from more than two decades of work means that we will fight aggressively for the best results in your case.

While each personal injury case is unique, the general structure of a civil lawsuit may include the following:

• Complaint Filing: Every case begins with the filing and service of a Summons and Complaint. The Complaint will contain one or more "causes of action" such as "Breach of Contract" or "Fraud".

• Service Of Complaint: After the Summons and Complaint have been filed with the court, the defendant(s) are properly served. If the defendant(s) will accept service, he/she may sign an Acknowledgment of Service." Otherwise the documents will have to be formally served.

• Response To Complaint: The Defendant(s) have 30 days from the date of service of the Summons and Complaint to serve on the Plaintiff(s) either an Answer to the Complaint or a pleading challenging the sufficiency of the the Complaint. Responses challenging the sufficiency of the Complaint include a motion called a "Demurrer" and a "Motion To Strike"

• Hearing Of Challenges To Sufficiency Of Complaint: If the defendant(s) decide to file a demurrer or motion to strike, these motions can't proceed until ruled upon. If such motion is sustained and the court grants leave to amend the Complaint, a new complaint must be drafted and served and the process starts over.

• Discovery: Once the Complaint and Answer have been filed, both parties commence "discovery" procedures. These procedures may include interrogations, document requests, and depositions.

• Discovery Motions: If a party fails or refuses to comply with discovery requests, it may be necessary for the party propounding the discovery to make a motion in court to compel responses. If the court grants the motion, further responses will be made. If those responses are still inadequate, another motion may be made and the court can sanction (fine) the resisting party. In extreme cases the court can even terminate the action in favor of the moving party.

• Trial Setting: Throughout the case the court will set a series of Case Management Conferences, or hearings, which your attorney will attend. These hearings will determine if the case is ready for trial, and once a date is set, any remaining discovery orders are concluded and both sides prepare their evidence for trial.

• Settlement Negotiations: Settlement negotiations may proceed throughout the trial, but intensify as a trail date draws nearer. The courts often encourage the parties to mediate before the trial date.

• Trial

Contact our lawyers for your personal legal matters today 

 When we take on a case, we commit to being accessible for our client, maintaining open lines of communication and responding promptly to all inquiries.  For your convenience, evening and weekend appointments are available.  To learn how our experienced attorneys can help you with your legal matter, contact the Santa Barbara attorneys of McCarthy & Kroes today.