What are my rights as a visitor vacationing in San Diego as it relates to pursuing damages for personal injury?
Each year thousands of people visit San Diego to enjoy its beautiful weather, beaches and attractions such as the SD Zoo, Sea World, Legoland and San Diego Zoo Safari Park. During their visit, many end up suffering some sort of personal injury due to either an automobile accident or a fall. They treat their injuries at a San Diego Hospital, lay in pain in their expensive hotel room then endure pain and suffering during their car ride or flight home.
Many people I talk to that had this situation occur often feel that being many miles away from San Diego, its not worth their time to pursue money damages. Some actually felt that there was nothing they could do because they lived outside of the state of California. This is not the case.
Under California law, anyone can pursue a personal injury claim if you can establish both liability and damages. That is, someone is legally at fault for causing you harm. The law does not discriminate as to who can sue. The law does require however that if a lawsuit is filed, it typically needs to be filed in the county where the accident occurred or where the defendant resides.
Many of the cases I handled for visitors were resolved without the injured party needing to come back to San Diego. Typically everything can be handled through the mail, fax or email. Even depositions can be scheduled in your home town.
If a trial is necessary, the plaintiff would have to come to San Diego for the hearing. Keep in mind about 95% of all cases settle without going to trial.
Recently I was able to obtain a very nice settlement for a man who was injured by a faulty hotel room shower door. He was visiting from Philadelphia when the fall occurred in a local hotel. The shower door was not properly secured falling off its track resulting in his fall and injury. He did not have to come to San Diego once during this process.
I am presently handling an automobile accident injury case for three woman from Mexico who were visiting their niece here in San Diego. It is anticipated that the case will resolve without the need for them to return even though they would not mind visiting their niece again.
If you have questions, need the advice of a trusted counselor, or simply do not know where to turn, our team is here to help. Contact us today to schedule a free consultation.
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