When Negligence Causes Harm, You Have Legal Options
A car runs a red light and hits you in an intersection. A property owner ignores a broken stairway for months until someone falls. A dog owner lets an aggressive animal off-leash in a public park.
Each of these situations has something in common: someone failed to act responsibly, and that failure caused injury to another person.
California personal injury law exists to hold negligent parties accountable and provide compensation to those they harm. At Thorsnes Bartolotta McGuire, we represent El Cajon residents who have been injured through no fault of their own.
Our firm has spent decades fighting for clients in San Diego County courtrooms, recovering over $2 billion in settlements and verdicts.
Whether your injury happened on the road, at a business, or in someone's home, our attorneys can evaluate your case and explain what compensation may be available. Contact us at (619) 236-9363 to schedule a free consultation with an El Cajon personal injury lawyer.
How Personal Injury Claims Work in California
Personal injury claims are built on the legal concept of negligence. To recover compensation, you must show that the other party had a duty to act with reasonable care, failed to meet that duty, and caused your injury as a result.
This framework applies whether you were hurt in a vehicle collision, injured on someone's property, or attacked by an animal. The specific facts matter, but the underlying question remains the same: did someone else's carelessness cause your harm?
Vehicle Collisions
Drivers have a duty to follow traffic laws and operate their vehicles safely. When a driver texts behind the wheel, speeds through a school zone, or runs a stop sign, they breach that duty. If their actions cause a crash that injures you, they can be held liable for your damages.
This applies to all types of motor vehicle accidents:
- Car accidents at intersections, on highways, and in parking lots;
- Motorcycle accidents, where riders face serious injuries due to limited protection;
- Truck accidents involving commercial vehicles, delivery trucks, and big rigs;
- Hit and run accidents, where the at-fault driver leaves the scene;
- Bicycle accidents along El Cajon Boulevard and neighborhood streets; and
- Pedestrian accidents in crosswalks, shopping centers, and residential areas.
Premises Liability
Property owners and business operators must maintain reasonably safe conditions for visitors. A grocery store that mops a floor without placing warning signs, a landlord who ignores a broken handrail, or a restaurant with cracked pavement in the parking lot may be liable if someone is injured.
Slip and fall accidents are among the most common premises liability claims. These injuries can result in broken bones, head trauma, back injuries, and other conditions that require extensive medical treatment.
Dog Bites and Animal Attacks
California imposes strict liability on dog owners. If a dog bites someone in a public place or lawfully on private property, the owner is responsible for the resulting injuries, regardless of whether the dog has shown aggression before. Dog bite injuries can cause puncture wounds, nerve damage, scarring, and serious infections.
Wrongful Death
When negligence results in the death of a loved one, surviving family members may file a wrongful death claim. These cases seek compensation for funeral expenses, lost financial support, and the emotional toll of losing a family member.
Injuries That Result in Personal Injury Claims
The type of injury you've sustained affects both your medical treatment and the compensation you may be entitled to receive. Minor injuries that heal quickly without medical intervention rarely justify a legal claim. Serious injuries that require hospitalization, surgery, rehabilitation, or ongoing care are a different matter.
Personal injury cases in El Cajon involve a wide range of injuries:
Head and Brain Injuries
Traumatic brain injuries range from mild concussions to severe brain damage that affects memory, cognition, speech, and personality. Even a concussion can produce symptoms that last for months, including headaches, difficulty concentrating, and sensitivity to light. Severe brain injuries may require lifelong care and prevent the injured person from ever returning to work.
Spinal Cord and Back Injuries
The spine protects the nerves that control movement and sensation throughout the body. Damage to the spinal cord can result in partial or complete paralysis. Herniated discs, fractured vertebrae, and soft tissue injuries to the back cause chronic pain and limit mobility, sometimes permanently.
Broken Bones and Fractures
A broken arm or leg may heal in weeks with proper treatment. Compound fractures, multiple breaks, or fractures near joints can require surgery, metal hardware, and months of physical therapy. Fractures in older adults may never fully heal.
Burns
Vehicle fires, explosions, chemical exposure, and defective products can cause burns ranging from minor skin damage to injuries that destroy muscle and nerve tissue. Severe burns require skin grafts, leave permanent scars, and may result in disfigurement.
Soft Tissue Injuries
Sprains, strains, and tears to muscles, tendons, and ligaments are common in vehicle accidents and falls. While these injuries may seem minor compared to broken bones, they can cause lasting pain and require months of physical therapy.
Other Serious Injuries
Amputations, crushing injuries, chest trauma, eye injuries, and nerve damage all appear in personal injury cases. Each type of injury carries its own medical costs, recovery timeline, and long-term effects that factor into the compensation you may recover.
What Compensation Can You Recover?
A personal injury claim seeks to make you whole by compensating for both the financial costs of your injury and its effects on your daily life.
Economic Damages
These are the calculable financial losses you've experienced:
- Medical bills for emergency treatment, hospitalization, surgery, and rehabilitation;
- Future medical expenses if your injury requires ongoing care;
- Lost income from time away from work during recovery;
- Reduced earning capacity if your injury limits your ability to work in the future; and
- Costs to repair or replace damaged property.
Noneconomic Damages
These address the personal impact of your injury:
- Physical pain and discomfort from the injury itself and the recovery process;
- Emotional distress, such as anxiety, depression, or post-traumatic stress;
- Loss of enjoyment of life when injuries prevent you from participating in activities you valued;
- Impact on your relationship with your spouse or partner; and
- Permanent scarring or disfigurement.
Punitive Damages
In cases involving reckless or intentional misconduct, California courts may award additional damages to punish the wrongdoer and discourage similar behavior.
To learn what compensation may be available in your case, call (619) 236-9363 or complete our online intake form. Our El Cajon personal injury attorneys offer free case reviews.
Shared Fault in California Accidents
Many people assume they cannot recover compensation if they contributed to their own injury. California law says otherwise.
Under the state's pure comparative negligence rule, you can pursue a claim even if you were partially at fault. Your share of responsibility will reduce your compensation, but you can still recover damages from the other party.
How Courts Assign Fault
Consider a motorcyclist who is hit by a car making an illegal left turn. The car driver clearly violated traffic laws. However, the motorcyclist was traveling 10 miles per hour over the speed limit. A jury might find the car driver 80% responsible and the motorcyclist 20% responsible. If the motorcyclist's damages total $150,000, they would recover $120,000.
In a slip-and-fall case, a shopper might be found 15% at fault for not watching where they were walking, while the store bears 85% responsibility for failing to clean up a spill. The shopper can still recover 85% of their damages.
Protecting Your Share of Recovery
Defense attorneys look for reasons to shift blame onto injured parties. They may argue you were distracted, ignored a warning, or failed to take precautions.
An experienced El Cajon personal injury lawyer counters these arguments with evidence that accurately reflects what happened. Witness statements, video footage, accident reconstruction, and medical records all play a role in establishing how fault should be divided.
California's Deadline for Personal Injury Claims
California law gives you two years from the date of injury to file most personal injury lawsuits. This applies whether you suffered injuries in a vehicle collision, a slip-and-fall, a dog attack, or another incident caused by negligence.
Missing this deadline typically bars you from recovering compensation, regardless of how strong your case may be. If your claim involves a government entity, you may have as little as six months to file an administrative claim.
When the Other Party Denies Responsibility
The person or business responsible for your injury may refuse to accept blame. They might claim you caused the accident, insist conditions were safe, or argue their actions were reasonable. A denial of fault does not mean your case lacks merit.
Evidence Makes the Difference
Personal injury cases succeed or fail based on evidence. Photographs of the accident scene, witness contact information, surveillance footage, and police reports help establish what happened. Medical records connect your injuries to the incident and document your treatment.
Collecting this information early matters. Memories fade, witnesses become difficult to locate, and physical evidence may be cleaned up or repaired. If you've been injured, preserving evidence should be a priority.
Building a Case Against a Reluctant Defendant
At Thorsnes Bartolotta McGuire, we investigate the circumstances of your accident and gather the evidence needed to prove negligence. We handle communication with the other party and their representatives so you can concentrate on your medical treatment. When defendants refuse to offer fair compensation, we're prepared to present your case to a jury.
"There's really no secret about what I do…I really do care for my clients; each case gets the same kind of attention my family would get."
— Vincent J. Bartolotta, Jr.
Results for Our Clients
When Thorsnes Bartolotta McGuire represents you, our goal is to secure maximum compensation for your damages. Here are the examples of results we've obtained:
- $20.3 million jury verdict in a case involving a van rollover accident,
- $14.5 million settlement for injuries caused by a gas explosion in a downtown San Diego building,
- $6.25 million settlement for a case involving a head-on collision on the highway,
- $3.1 million negotiated settlement for dehydration injuries caused by negligence in an organized race, and
- $2.59 million prelitigation settlement for a catastrophic car accident involving a Winnebago and a passenger vehicle.
Every case is different, but studies show that victims who hire a lawyer are more likely to recover full compensation. According to a survey conducted by Martindale-Nolo, people with legal representation recovered nearly three times more than those who filed claims on their own.
Why Choose To Work With Our El Cajon Personal Injury Lawyers?
Our firm was among the first contingency fee law firms in Southern California. Over the decades, we've recovered over $2 billion for clients injured by negligent drivers, property owners, healthcare providers, and corporations.
We've earned recognition from U.S. News & World Report and Best Lawyers® with Tier One rankings in San Diego for Personal Injury Litigation and Product Liability Litigation. American Lawyer Magazine named us one of 20 outstanding new law firms in the nation early in our history.
These recognitions reflect the reputation we've built in California courtrooms. When opposing counsel sees our name on a case, they understand we will not accept inadequate offers.
What Our Clients Say
"I not only recommend attorney Vince Bartolotta, but I guarantee that once you have used his service, you too will look no further. He responds in an extremely timely manner, he is very knowledgeable, and he is a trustworthy person. There is no other attorney who will work as hard for you."
— Emily F., Verified Client Testimonial.
Get Support From a Top-Rated El Cajon Personal Injury Law Firm
If someone else's negligence caused your injury, you have the right to seek compensation for your medical expenses, lost income, and the impact on your quality of life. At Thorsnes Bartolotta McGuire, we've spent decades representing injured El Cajon residents and holding negligent parties accountable throughout San Diego County.
Your consultation is free, and there's no obligation. Contact us at (619) 236-9363 to discuss your case with an El Cajon personal injury lawyer.




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