San Benito Personal Injury Lawyers

You have a viable claim if you can establish the four elements of negligence: (1) the defendant owed you a duty of care (e.g., a property owner's duty to maintain safe premises), (2) they breached that duty (e.g., failing to fix a known hazard), (3) the breach was the actual ('but-for') and proximate cause of your injury, and (4) you suffered legally compensable damages (medical bills, lost wages, pain and suffering). Contact us for a free evaluation of your specific circumstances.

Premises liability is the area of tort law holding property owners and occupiers responsible for injuries caused by unsafe conditions. Liability depends on the visitor's classification (invitee, licensee, or trespasser), whether the owner had actual or constructive notice of the hazard, and whether they took reasonable steps to remedy it. The 'mode of operation' rule in some states eliminates the notice requirement for self-service businesses where hazards are foreseeable (e.g., grocery store spills).

It varies by state and claim type: typically 2-4 years for general negligence, but government tort claims require notice within 6 months in many states (e.g., CA Gov. Code §911.2). The discovery rule tolls the limitation period when injuries aren't immediately apparent. Statutes of repose may impose absolute outer time limits for product liability and construction defect claims regardless of discovery. Contact us promptly to preserve your rights.

Economic (special) damages: medical expenses (past/future), lost wages, diminished earning capacity, property damage, and out-of-pocket costs. Non-economic (general) damages: pain and suffering (multiplier or per diem method), emotional distress, loss of enjoyment of life (hedonic damages), loss of consortium, and disfigurement/scarring. Punitive (exemplary) damages may apply for gross negligence, willful misconduct, or fraud — designed to punish and deter rather than compensate.

In most states, yes. Under pure comparative negligence (CA, NY, FL, and 10+ others), you recover damages minus your fault percentage — even at 99% fault. Under modified comparative negligence (TX, OH, IL, and 20+ others), you're barred at 50% or 51% fault depending on the jurisdiction. In contributory negligence states (MD, VA, NC, DC, AL), any plaintiff fault — even 1% — bars recovery entirely. We evaluate the specific rules and apply the appropriate defense strategy.

At Bond Legal, nothing upfront. We work on a contingency fee basis — you pay no attorney fees unless we recover compensation. Our fee is a percentage of your recovery, aligning our incentives with yours. We also advance all litigation costs (expert fees, court costs, deposition expenses). If there is no recovery, the client is not responsible for any fees, court costs, or litigation expenses.