Get a free consultation

Experienced Personal Injury Attorneys

Injured in an Accident? 

If you’ve been seriously injured in an car or truck accident in California, you deserve the best representation.


Car Accidents

Truck Accidents

Motorcycle Accidents

Make sure the insurance companies pay you what you owe. Get a free consultation and see if you have a case.


$100

Over
MILLION
Recovered since 2015

Do I have a case?

Here are some indicators you have a solid personal injury case:

Clear Fault

The other party is obviously negligent, and it's provable.

Severe Injuries

Examples include broken bones, surgeries, hospital stays, or permanent impairment. 

Insurance

You have auto or business insurance.

Treatment

You sought medical care soon after the accident, and followed up consistently.

TESTIMONIALS

What Our Clients Say About Us

Ryan Conger is truly amazing he went above and beyond on my case, I would recommend him to anyone It was life-changing I’m beyond grateful.



Should you ever need - or think you need - any legal help, call Ryan Conger. Ryan and his team possess the expertise, the diligence, the timely follow ups and a multi-faceted approach that was proven invaluable for me. I was referred to Ryan and happy to do the same. Ryan's handling of my situation provided the absolute best outcome possible. Thank you, Ryan!



Ryan Conger and the entire crew at Conger Law are top shelf. I am a trial lawyer in New Mexico, and when I needed help with my own personal lawsuit in San Diego, I turned to Ryan Conger and his firm. I am glad I did. They are professional, thorough, creative and strong advocates. Ryan took really good care of me and my case and I am very grateful.



Juanita A.

Steve S.

Dan A.

What is Negligence?

Negligence is a legal term used to describe a failure to behave with the level of care an ordinary, prudent person would exercise under the same circumstances. It’s a situation where a person acts carelessly, harming or damaging another person or property.


This can include causing an accident or injury due to the failure to exercise reasonable care. Most personal injury cases are based on this legal principle. The concept of negligence is established to protect society against unreasonable risk. It sets a standard of behavior individuals are expected to maintain to prevent causing harm to others.

What Kinds of Injuries Warrant a Lawsuit?

In personal injury law, various injuries could warrant a lawsuit. An injury’s severity and lasting impact usually determine if a case is worth pursuing. Here are some injuries that commonly result in lawsuits:

  • Traumatic brain injuries (or TBI)
  • Back injuries
  • Broken bones
  • Amputation or loss of a limb
  • Soft-tissue injuries
  • Spinal cord injuries
  • Internal injuries
  • Disfigurement and scarring
  • Burns
  • Nerve injuries

Negligence, Fault, and Liability in California Personal Injury Claims

The first step to determining who is liable or responsible for your injuries is to prove negligence is involved. Without proof of negligence, your case likely won’t get very far.


Negligence, in the context of car accidents, arises when a driver fails to act with the reasonable care expected of an average person. This can be broken down into: duty of care, breach of duty, causation, and damages. Duty of care means all drivers have a responsibility to operate their vehicles safely.


For example, a driver who runs a red light is breaching their duty of care. This action disregards the established rules of the road and jeopardizes the safety of other drivers and pedestrians. Running a red light demonstrates a clear lack of the caution and care an average person would exercise.


Causation occurs when this breach of duty directly leads to harm. In this case, the driver running the red light might collide with another vehicle, causing significant damage.


The resulting damages encompass the losses suffered due to the accident. These damages could include extensive vehicle damage, lost wages due to inability to work, and pain and suffering from injuries sustained in the collision.

Types of Negligence

Negligence falls into different categories. The following are concepts of negligence:  


Vicarious liability is relevant in situations involving employees while driving. For example, if an employee driving a work truck gets into an accident, the company could be held vicariously liable.


Comparative negligence may apply when the fault is shared between more than one person or entity. In these situations, the percentage of fault becomes important, especially in California. For example, in a three-way car accident, one person might be found 30 percent at fault, another 20 percent, and another 50 percent. The consequences for each depend on the percentage of fault.

Gathering Evidence to Determine Liability

Gathering evidence is crucial to help determine who is liable for your injury. It can be extremely challenging to gather necessary evidence without the help of an attorney. However, you can take steps to help your case.


Copies or photographs of the scene of the accident are extremely valuable. Photographs of any injuries sustained are also worth taking.


Aside from simply having connections, your attorney can help to lift the burden of preparing your case so you can focus on your physical and mental recovery.

Calculating Comparative Negligence

California is a pure comparative negligence state. Even if a claimant is partially at fault for an accident, he/she can still recover damages.


The jury determines the percentage of fault. If the plaintiff is found partially responsible for their injury, the available compensation the plaintiff can receive is reduced by whatever percentage they are found at fault for the injury.


As the jury divides fault, the total sum must equal 100 percent. For example, if one person is found to be 30 percent at fault, the other individuals involved must share the remaining 70 percent.

Compensation for Your San Diego Personal Injury Case

Compensation or damages for your personal injury case depends on your situation. Without the details of your particular situation, it can be difficult to estimate the value of your case. 


However, the compensation available to you will fall under one of the following categories: economic, non-economic, or punitive damages. Talk to your lawyer about calculating these damages, which we explain below, and what your claim may be worth. 

Economic Damages

Economic damages have a clear-cut value or price tag. If the resulting harm from your injury comes with a bill, receipt, or invoice, it is likely economic damage. Examples of economic damages include:



  • Medical bills
  • Prescription costs
  • Physical therapy co-pays
  • Emotional therapy charges
  • Ambulance charges
  • Future medical expenses
  • Lost wages
  • Lost future wages

Any expenses you had to pay because of your personal injury case may qualify as economic damages.


If you sustained damage to your vehicle in a car accident, both the repairs to your vehicle and the temporary mode of transportation while it’s in the shop (for example, taking taxis to and from work) would count as economic damages. If you need accident-related physical, mental, or emotional therapy, the cost would fall under economic damages. 


While recovering, any work you’ve had to miss due to your injury would result in lost wages. If you do not fully recover and cannot return to your career path due to a disability or some other factor brought about by the circumstance of your injury, it qualifies as lost future wages. Both of these scenarios can result in financial compensation.


To receive the full value of economic loss, it helps to keep a detailed record of all of your expenses following the incident. You may keep your receipts and invoices in a binder or have a special tab in your email to store everything.


California does not have a limit on the value of economic damages a plaintiff can recover. This means you and your lawyer should seek full compensation. 

Non-Economic Damages

Non-economic damages can be more difficult to calculate non-economic damages as they are more subjective. While these damages do not come with bills or invoices, they are often the most significant loss to injury victims. Some examples of non-economic damages include:

  • Physical pain and suffering
  • Emotional pain and suffering
  • Loss of consortium
  • Emotional distress
  • Loss of enjoyment of life
  • Diminished quality of life
  • Permanent disability
  • Permanent disfigurement

While you cannot collect receipts for non-economic damages as you can with economic damages, you can still collect evidence to help support your case. You may journal about your experiences or request testimony from a doctor, therapist, or loved one.


An attorney with experience valuing non-economic loss can help articulate the extent of your non-economic damages to an insurance company and/or jury to maximize your recovery.

Punitive Damages

Punitive damages, sometimes exemplary ones, are less commonly pursued in personal injury cases. Punitive damages are an option when the liable party acts with malice or bad intent. Malicious intent or disregard for the safety of others can justify the imposition of punitive damages. 

Seek the Right San Diego Personal Injury Attorney for You

Conger Law Injury Attorneys brings years of expertise and a deep understanding of personal injury law. Our team is passionate about advocating for victims, ensuring each individual secures the maximum available compensation. We handle every case with the utmost dedication, meticulously building strong arguments while providing compassionate support.


Remember, you’re not just getting legal representation when you choose us. You’re gaining allies committed to fighting for your rights and well-being. At Conger Law, we’re not just on your side; we’re on your team. 



Citations

California Legislative Information

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1714.&lawCode=CIV