Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.
After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.
He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.
An avid waterman, he surfs and scuba dives frequently.
Reviewed
Adam Ramirez, J.D.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.
After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.
He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.
An avid waterman, he surfs and scuba dives frequently.
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
San Diego is home to the Padres, seals and sea lions, over a million people and more than a few personal injury attorneys.
If you’ve been injured in a car accident, through medical malpractice or from a poorly-designed product, it can seem overwhelming to try and find the best attorney to help you get justice.
Not to worry—the best personal injury lawyers in San Diego can all be found right here. At Forbes Advisor, we’ve carefully weighed dozens of factors to make sure only the best personal injury lawyers in the San Diego area make our list.
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Best San Diego Personal Injury Attorneys
Compare Our Top San Diego Personal Injury Attorneys
| Lawyer Name | New York Bar Association Status | Year Admitted to New York Bar | Law School Attended | LEARN MORE | |
|---|---|---|---|---|---|
| Vincent J. Bartolotta, Jr. | Active | 1973 | University of Pittsburgh School of Law | View More | |
| David S. Casey, Jr. | Active | 1974 | University of San Diego School of Law | View More | |
| Cynthia Chihak | Active | 1977 | Pepperdine University School of Law | View More | |
| Robert J. Francavilla | Active | 1983 | University of San Diego School of Law | View More | |
| Valerie Garcia Hong | Active | 2005 | Chicago-Kent School of Law | View More | |
| Jordon Harlan | Active | 2010 | University of San Diego School of Law | View More | |
| Conor Hulburt | Active | 2007 | University of San Diego School of Law | View More | |
| Thomas D. Luneau | Active | 1989 | Western State College of Law | View More | |
| David J. Muñoz | Active | 2010 | St. Mary’s School of Law | View More | |
| Renee Stackhouse | Active | 2008 | Thomas Jefferson School of Law | View More | |
| Robert F. Vaage | Active | 1982 | Pacific McGeorge School of Law | View More |
Other California Personal Injury Lawyers
California Personal Injury Laws
California is the most populous state in the U.S., accounting for more than 10% of the entire country’s population. That means that it accounts for a pretty significant percentage of the personal injuries in the nation, too.
Just like every other state, California has its own set of laws concerning personal injury. If you get hurt in the golden state, you may need to file a personal injury suit. Knowing at least the basics about the laws that control personal injuries in the state could prove invaluable, but there’s no substitute for the assistance of a great personal injury attorney—like those we included in this article.
Statute of Limitations in San Diego
Most states have a statute of limitations of between one and three years. California falls in the middle of the spectrum with a two-year statute of limitations on most personal injuries.
This means you have to file a personal injury case within two years of the initial injury or you may be barred from recovery entirely.
If you were injured by someone who worked for the government you may have even less time. Claims against a city, county, or state agency in California must be filed within six months. Not only that, but you’ll have to adhere to a strict set of procedural rules to have your claim heard.
If you’ve been injured by a government employee or action in California, make it a priority to contact an experienced personal injury attorney as soon as possible to avoid losing your chance at making a claim.
Determining Fault in San Diego
There are a few different rules used to decide fault. One of the most common is used in California, called “pure comparative negligence.”
This rule deals with how courts will award damages when both parties are partially to blame for the injury. Imagine a car accident with $10,000 of damages to your vehicle. At trial, you were found to be 10% at fault and the other driver 90% at fault. In California, you will be awarded only $9,000 (after reducing your award by the percent you were at fault).
Now, imagine the other driver counter sues you for $20,000 in damages and you are found to be 10% responsible again. In “modified comparative negligence” states, the other driver would get nothing since they’re more than 50% at fault, but in California, they would get $2,000 in their countersuit even though they were 90% at fault in causing all the damage.
Some states use a rule called contributory negligence that is even more strict. In these states, you are not allowed to recover anything at all if you were even 1% responsible for the accident.
Dog Bite Liability in California
In many states, dog owners are given the benefit of the doubt when it comes to dog bites. Generally known as the “one bite” rule, most dogs are treated as if they are not known to bite others until they actually do so. Once a dog bites someone, the owner should be on notice that the dog might bite, and it becomes much easier to hold the owner accountable.
California does not grant dog owners this leeway. Typically, the owner of a dog in California is liable for any harm caused by their dog regardless of the dog’s past behavior.
California Limits on Personal Injury Recovery
California law prevents uninsured drivers from recovering non-economic damages after a car accident regardless of who was at fault. This means that pain and suffering or emotional distress are off the table for uninsured drivers.
There’s an exception to this rule, however. If the driver of the other vehicle is under the influence of drugs or alcohol. The idea is to punish drivers who choose to operate without insurance, but the state has opted to punish driving under the influence more harshly than driving without insurance.
California has another cap on recovery—in medical malpractice cases, non-economic damages like pain and suffering are capped at $250,000.
How to Find the Best San Diego Personal Injury Lawyer
There are many types of personal injury lawyers. Some specialize in car accidents, while others specialize in workers’ compensation or class action lawsuit injuries. As you shop to find a personal injury lawyer in San Diego, you want to make sure that you choose a lawyer who has the experience for your accident type. You’ll also want a lawyer who’s professional, affordable and well-respected.
Most personal injury lawyers offer a free consultation. Here’s a list of what you should be asking.
What Type of Experience Do They Have?
Before you go any further in a consultation, ask the attorney about their experience with your type of injury. If you were in a car accident, you want a lawyer specializing in car accidents. If you were injured at work, get a lawyer with experience in workers’ compensation claims and labor laws. If you were hurt when a product malfunctioned, you want a lawyer with experience in product liability cases.
Finding someone who has the experience means they will understand what needs to happen with your case. They’ll be able to navigate legal hurdles, medical access and insurance coverage on your behalf.
How Do They Communicate With Clients?
When you are injured in an accident, you can feel left out on an island alone with a lot of frustration and confusion. Good communication helps you feel like the process is working and that you have a team on your side. Talk to the lawyer about their communication process. Because personal injury cases can take a long time, look for an attorney with a regular schedule of communication with you when progress is slow. Of course, you want a lawyer to communicate with you quickly when there are timely notices that you need to review and address.
How Expensive Are They?
Personal injury attorneys usually work on contingency rather than charging an hourly fee. This means they get a percentage of your settlement and don’t get anything if you don’t get a dime. When it comes to their fee, look for someone who falls within the normal range of contingency fees. San Diego personal injury lawyers usually charge between 33% and 40%. For a lawyer with a lot of experience, the higher contingency fee may be worth it since they typically negotiate a higher settlement.
What Percentage of Their Business Comes From Attorney Referrals?
This is not an obvious question, but it’s an important one. You want a lawyer who is respected by their peers. Being referred to by other lawyers who are willing to stake their own reputation on how good a personal injury attorney performs is a good indication of skill. Good attorneys will also give you references to talk to that will help you set better expectations about the process and success rate of the lawyer.
How Professional Is Their Office?
This isn’t a question you’ll ask the lawyer but is, instead, a sense that you get at your first consultation. You want someone who comes across as organized and on top of all the details of their clients’ cases. A tidy, well-run office is a good sign that the lawyer is not only competent and capable, but has the bandwidth to take on another client.
Methodology
To come up with the Best Personal Injury Lawyers in San Diego in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical module considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
How much do accident lawyers charge in San Diego, California?
California has a reputation for being one of the most expensive states, but not when it comes to personal injury attorneys.
Just like in the rest of the country, most personal injury lawyers in California work on a contingency basis. This means they’ll keep a percentage of any compensation you get. It’s not uncommon for this to be around one-third of the total recovery. This is right in line with the average contingency fee in California of between 30 to 40%.
How long does it take to settle a car accident claim in San Diego?
There is a state law in California requiring insurance carriers to settle claims within 85 days from the initial claim filing. This means that insurance companies are required to reach a settlement within about three months.
If the claim results in a lawsuit, of course, it can take much longer for the final resolution to be reached, whether that’s a settlement or a verdict.
How much can you get for pain and suffering in California?
California does not put a cap on pain and suffering for most personal injury claims. There are exceptions, however, as discussed above.
• If you’re driving without insurance, you’ll only be able to recover for non-economic damages like pain and suffering if the other driver is under the influence of drugs or alcohol.
• If you are a victim of medical malpractice, your non-economic damages will be limited to $250,000 unless you can prove that the harm was intentional or the result of gross negligence.
