Personal Injury

California personal injury law allows a person, who is injured by negligence or intentional conduct, to seek compensation from the person or entity that caused the injury, including compensation for all medical expenses (past and future), lost wages (past and future), and a reasonable sum to compensate the injured person for physical pain, mental suffering, inconvenience, loss of enjoyment of life, physical impairment, inconvenience, grief, anxiety, humiliation, and any other emotional component to a personal injury.

A typical personal injury claim involves several phases. First, the claim is investigated to establish liability. An injured person can only bring a claim if they were actually injured, and if that injury was caused by the negligence or intentional conduct of another party. The investigation phase can be short, if the liability is clear and the injuries are obvious, or long if it requires the interviewing of witnesses, talking to doctors, etc. Cases are won and lost in the investigation phase. It is critically important to any personal injury case, and must be completed as quickly as possible.

Once the claim is investigated, and the case is deemed to be viable, it usually goes one of two ways. The first, is to address it directly with the third party or its insurance company. If the liability is straightforward and the damages fairly easy to calculate, the claim can usually be settled without the need for a lawsuit. Most car accident claims, for example, are resolved this way. For example, if the case involves a rear-end or t-bone type collision, and witnesses establish the party at fault (or it is admitted at the scene), the the lawyer spends most of his or her time collecting the evidence, photographs, medical records, lost-wage reports, and other documents that support the claims made in the case.

If the liability or damages aren't straightforward, or there is a dispute about the claim's value, a lawsuit is likely going to be necessary. A lawsuit allows the injured client, through his or her lawyer, discover the necessary facts through discovery (such as written interrogatories or depositions), and through the power of the subpoena. This can be invaluable, because it gives the lawyer an opportunity to obtain documents and testimony (under oath) that might otherwise be inaccessible.

Personal injury cases cover a wide ranging set of events. Most people think of motor vehicle accidents when the think of a personal injury lawyer, but the truth is there are many, many other incidents that can give rise to an injury claim. Those claims might include slipping and falling because of a dangerous condition on someone's property, or being injured by a product that malfunctions. Dog bites are also a frequent source of insurance claims, as are accidents on a construction site or in a nursing home or hospital. Less known, but just as serious, are injuries that aren't necessarily physical, such as insurance claims that are unfairly denied, or cases of defamation and severe emotional distress. Personal injury claims are classified as torts under the law, which simply means a wrong committed by another.

Randy Walton has been representing individual and families impacted by personal injury and wrongful death accidents for more almost 20 years, and is proud of the work he has done to improve the lives of those injured or killed by the negligent or careless conduct of another. He represents individuals all over Southern California, but works from his main office in San Marcos, California, which gives him close proximity to the Vista Courthouse, and the neighboring communities of Escondido, Poway, Vista, Fallbrook, Oceanside, Encinitas and Carlsbad. He has collected millions of dollars for those clients, and prides himself on the service he provides to his clients and the results he receives.  Listen to and read what many of his clients have to say.

Cases accepted by the Walton Law Firm are taken on a contingency fee, which means if there is no recovery for the client, then the client pays no fee. All cases consultations are free of charge.