Personal Injury Lawyer Madera

We Fight for the Compensation You Deserve

An accident caused by someone else’s negligence can turn your life upside down. The impact of an injury can be overwhelming, with persistent pain, mounting medical bills, lost wages, and emotional distress. You deserve skilled legal representation committed to protecting your rights and helping you seek full compensation. We are compassionate, experienced, and take the responsibility to the people we serve very seriously.

Our Madera personal injury attorneys understand what you are going through. We know how to build strong claims, deal with insurance companies that try to minimize your injuries and navigate California’s complex personal injury laws. Whether your case involves a car accident, a slip and fall, or a tragic wrongful death, our firm will fight tirelessly on your behalf.

Types of Personal Injury Cases We Handle

Regardless of how you were injured, you are entitled to seek compensation if it was someone else’s fault. We handle a wide range of injury claims, including the following:

Car accidents: Auto accidents may be the most common cause of personal injury in Madera. We represent clients who have been injured in all types of wrecks, including rear-end collisions, T-bone accidents, side swipes, head-on collisions, drunk driving accidents, and crashes caused by uninsured or underinsured drivers.
Bicycle and pedestrian accidents: Bicyclists and pedestrians in our state have a high risk of injury from distracted, impaired, or reckless drivers. The California Office of Traffic Safety (OTS) reports that bicycle fatalities increased by 32.1% from 2021 to 2022. Pedestrian fatalities statewide totaled 1,158 in 2022.
Motorcycle accidents: Motorcyclists are vulnerable to serious injuries in a crash, as they lack the protections of an enclosed vehicle. Negligent drivers cause many motorcycle accidents. We advocate for our clients and fight to hold the parties responsible accountable. We pursue damages for medical expenses, lost income, pain and suffering, and other losses.
Truck accidents: Due to their enormous size and weight, commercial trucks can cause catastrophic damage in a collision with a much smaller passenger vehicle. Trucking companies and their insurers have teams of lawyers to fight against claims. We can help level the playing field by aggressively and strategically pursuing full compensation for truck accident victims.
Dog bites: Under California law, dog owners are strictly liable for injuries their animals cause. Unlike in other states that follow a “one-bite rule,” it is unnecessary to prove owner negligence or that the dog has a history of aggression. If a dog has bitten you or your child, we could help you seek justice and full compensation.
Premises liability: Property owners and occupiers have a duty under California law. They must maintain their premises in a reasonably safe condition. When they fail to do so, visitors can be injured in slip or trip and fall accidents, swimming pool accidents, injuries from falling objects, elevator and escalator malfunctions, or assaults due to negligent security. Our Madera personal injury lawyers know how to investigate these incidents and present evidence to hold negligent property owners accountable.
Medical Malpractice: Consequences can be life-altering or fatal when healthcare providers fail to meet the acceptable standard of care. Doctors, nurses, hospitals, and other healthcare providers can cause serious harm through misdiagnosis, medication errors, surgical mistakes, or failure to monitor a patient’s condition properly. Medical malpractice cases are complex, legally and medically. We work with trusted professionals to investigate your claim, build a strong case, and fight for the compensation you deserve.
Wrongful death: If your loved one has died because of someone else’s negligence, we understand that no amount of money can compensate you for your loss. Our compassionate legal team can assist you with a wrongful death lawsuit to hold responsible parties accountable and to provide financial support for surviving family members.

Types of Compensation Available in California Personal Injury Cases

Each personal injury case is different. Damages you are entitled to claim will depend on the nature and severity of your injuries and the specific circumstances of your case. We can assess the full extent of your damages, working with professionals to build the strongest possible case.

California allows personal injury victims to seek both economic and non-economic damages, which may include the following:

Past and future medical expenses
Lost wages
Loss of future earning capacity
Property damage
Permanent disfigurement or disability
Pain and suffering
Emotional distress
Loss of enjoyment of life
Wrongful death (damages for surviving family members)

Comparative Negligence in California

California follows a pure comparative negligence rule for personal injury. If you were partially at fault for the accident, you may still recover compensation, although your recovery is reduced by the percentage of fault assigned to you. For example, if you were awarded $100,000 in damages and found to be 20% at fault, your recovery would be reduced by 20% to $80,000. To minimize liability, insurance companies could attempt to increase the percentage of fault. We know how to counter these tactics and protect your right to fair compensation.

Dealing with Insurance Companies

No matter how helpful and understanding their representatives may appear, insurance companies are not on your side. They are in business for profit, and their goal is to limit their payouts and protect their bottom line. For this reason, it is essential to have legal representation when negotiating with insurers.

We handle all communications with insurance adjusters. Our experienced Madera injury attorneys reject lowball offers and negotiate aggressively for full compensation. If the insurance company refuses to offer a fair settlement, we are prepared to take your case to trial.

Establishing Negligence in Personal Injury Claims

Most personal injury cases are based on negligence. We conduct a thorough investigation and gather evidence to support every element of your claim, including witness statements, camera footage, medical records, police reports, and expert opinions. To prevail, you must prove the following elements:

Duty of care: The defendant had a legal obligation to act reasonably to avoid causing harm.
Breach of duty: The defendant failed to meet that obligation by acting negligently or recklessly.
Causation: The defendant’s breach of the duty directly caused your injuries.
Damages: You suffered losses as a result, such as medical expenses, lost income, pain and suffering, and emotional distress.

Frequently Asked Questions About Personal Injury

If you have been injured in Madera through someone else’s negligence, you probably have questions about the claims process, your legal rights, and what to expect. The following FAQs can help explain your options:

Will I Have to Go to Court for a Personal Injury Case?

Many personal injury cases can be resolved through negotiation and settlement outside the courtroom. We prepare each case for trial if necessary to recover the compensation you deserve.

What If the Responsible Party Has No Insurance?

If the party that caused your accident and injuries is uninsured, we explore all possible sources of compensation. These may include uninsured motorist coverage, personal assets of the at-fault party, and third-party liability.

Should I File a Personal Injury Claim or a Workers’ Compensation Claim If I Was Injured at Work?

Most workplace injuries are handled through workers’ compensation. If a third party, such as a contractor or equipment manufacturer, contributed to the accident, you may also have a personal injury claim.

What If I Didn’t Go to the Hospital Immediately After the Accident?

If you failed to seek immediate medical treatment, you could still seek damages, although the delay in treatment could impact your claim. To support your case, it is important to get medical attention as soon as possible, keep all follow-up appointments, and follow all recommended care.

Do I Need to File a Police Report After an Accident?

In most cases, you do need to file a police report, particularly after an auto accident. It provides an official record of the incident and serves as valuable evidence in a personal injury claim.

How Are Pain and Suffering Calculated in Personal Injury Cases?

Pain and suffering are subjective, non-economic damages with no set monetary value. They are typically calculated based on the severity of the injuries, the impact on the victim’s daily life, and how long the suffering is expected to continue.

How Long Does It Take to Resolve a Personal Injury Claim?

The timeline can vary widely depending on the severity of your injuries, the complexity of the case, and whether it goes to trial. While some personal injury cases may resolve in months, others could take a year or longer.

Can I Handle a Personal Injury Claim Without a Lawyer?

You are not required to hire an attorney, but it is strongly recommended, particularly in cases involving serious injuries or disputed liability. Insurance companies may offer far less to unrepresented claimants. Experienced personal injury lawyers can help maximize your compensation.

Why Choose Us?

At Tomassian, Pimentel & Shapazian, we have decades of experience and a successful track record for the injured people we represent. We offer our clients the advantages of a large firm along with personal attention and tailored strategies for every case. If you have been injured in Madera in an incident that was someone else’s fault, contact us today at (559)-545-0383.