Oakland Personal Injury Lawyer
Personal injury attorneys in Oakland are an important part of our legal system. You might even say that these legal professionals are an important part of our overall society. Without personal injury attorneys, innocent victims would find it difficult to hold negligent individuals accountable. In many situations, these negligent parties consider themselves above the law. They might even intentionally act in a negligent or reckless manner to increase their profits. While these parties may face criminal consequences as a result of their actions, these penalties only go so far. A wealthy individual such as a property owner might simply laugh off a $500 fine for not making their premises safe for members of the public.
In contrast, a personal injury lawsuit holds them accountable for their actions, and it acts as a genuine deterrent for further acts of negligence. In effect, Oakland personal injury attorneys help make society safer each day. While it is true that individuals could theoretically file lawsuits without the assistance of an attorney, this rarely works out. Navigating the legal system can be incredibly confusing, time-consuming, and expensive for the average citizen. Personal injury attorneys help these victims stand up to powerful individuals and approach the legal system with a sense of clarity and efficiency.
If you have suffered devastating injuries as a result of an accident, you may be entitled to compensation. Not all accidents can be the subject of a personal injury claim. However, if negligence caused you to sustain losses, you may be able to pursue legal action. Our Oakland personal injury lawyers can evaluate the circumstances that led to your accident and determine whether you are eligible for damages from potentially liable parties.
You may feel the need for guidance and support of legal professionals in the aftermath of a severe accident. Hiring legal counsel can remove some of the burdens from your shoulders at this difficult moment in your life, while allowing you to concentrate on your full recovery.
What Does a Personal Injury Attorney Do?
What happens after you enlist the help of a personal injury attorney? How do these legal professionals ensure that you get the compensation you deserve? What specific tasks will your attorney undertake? The first step is to attend a consultation with your attorney. You will go over the specific circumstances of your injury, and your lawyer will assess whether or not you should pursue a claim or a lawsuit.
If your attorney believes that you have a strong case that is worth pursuing, they will start the process of building your case. This process involves considerable research. Your attorney’s main focus will be on gathering evidence to support your claims. To some extent, you can help with this in a number of ways. Your lawyer might ask you to provide receipts of medical expenses and records of your treatments. They may also ask for doctor’s notes and medical imaging that prove the extent of your injuries. You can also help your attorney by telling them as many details of the accident as possible.
At this point, your attorney may help you deal with insurance companies. Negotiating with these companies can be tricky, and it helps to have a skilled lawyer on your side. Both sides will present their own evidence and claims, and in many ways, this process is like a trial. At the end of this negotiation process, you may end up going to trial if you cannot agree on a settlement.
If you end up going to trial, your lawyer will continue to play a central role in your aim to regain compensation. They will be responsible for presenting evidence to the court, giving oral arguments, questioning witnesses, and much more. Your attorney may also focus on finding weaknesses in the defendant’s arguments and exposing inconsistencies in their stories.
Filing a Claim vs Pursuing a Lawsuit
You may be wondering whether it is better to file a claim through an insurance company or pursue legal action through a trial. Both options have their own set of benefits and drawbacks, and your personal injury attorney in Oakland can help you decide which route to take. That being said, injured victims almost always pursue a settlement with the insurance company first and foremost.
This is because when you negotiate a settlement with an insurance company, it is a slightly more controlled environment compared to a trial. When you go to court, you are essentially at the mercy of a judge and jury. There is no telling what decision they might make. They may offer you more than what the insurance companies are offering, or they may offer you much less.
Insurance companies understand this, and that is why they are likely to settle out of court rather than going through a trial. They understand that judges and juries could potentially offer you much more than what they are willing to part with, and they prefer to work in this controlled environment. Their main goal is to offer you as little as they can get away with, while still avoiding a trial. At the end of the negotiation process, you can speak with your attorney and ask them whether or not you should accept the settlement. While this decision is completely up to you, your attorney can tell you whether you stand to receive more through a lawsuit.
The only exception is if there is no insurance company involved. For example, you might be a pedestrian who was hit by an uninsured driver. If neither party has an insurance policy that can cover damages in the event of an injury, a lawsuit is the only real option.
What are the Personal Injury Laws in California?
Each state has its own unique approach to personal injury lawsuits, and there are a number of laws that apply to these situations in California. Many other states have “no-fault” insurance laws that allow individuals to file injury claims without ever establishing who is at fault for a car crash. California does not follow this system, which means that you must establish that another party was liable for your injuries if you want to receive compensation. In addition, you will need to file your claim with the insurance provider of the negligent driver.
One of the benefits of living in an “at-fault” state such as California is the fact that you can file for non-economic damages, such as pain and suffering. In “no-fault” states, this is almost always not the case. On the other hand, the negotiation and filing process in an “at-fault” state is much more complex and demanding, because you are responsible for establishing that another driver was to blame for your injuries.
California also follows a system of pure comparative negligence when it comes to personal injury lawsuits. This means that multiple people may be responsible for one car accident – including the victim. Pure comparative negligence places no limits on how this fault may be divided among many responsible drivers. For example, one driver might be 25% responsible, another might be 25% responsible, and a third might be 50% responsible. It is important to remember that you can theoretically receive compensation even if you were 99% responsible for your own injuries in California. The only downside is that you would receive just 1% of your normal settlement amount.
Some Types of Civil Claims
Personal injury claims can arise out of a variety of situations that cause physical and mental harm. Some of the different types of accidents that may lead to these claim include:
- Motor vehicle accidents that result in injuries to drivers, passengers, pedestrians, and bicyclists
- Animal attacks
- Trip and fall accidents that can lead to liability for property owners
- Faulty products that cause harm to consumers
Some of these incidents can cause catastrophic injuries that lead to prolonged recovery times and permanent impairments. Our civil claims lawyer serving Oakland can help an individual build his/her case, depending on the incident that caused their injuries.
Negligence and Personal Injury Cases
When the negligent or careless actions of another cause someone to suffer losses, these individuals may qualify for compensation from the responsible parties. The legal theory of negligence is the basis for liability in most civil claims.
In general, individuals and businesses owe a duty of care to others to act as reasonable a person would in a similar situation. When they violate this duty of care, they may be liable for any property damage or bodily injuries that their misconduct causes. In a personal injury claim, a plaintiff may need the help of our Oakland lawyers to prove the various elements of legal negligence. To obtain compensation, a claimant must be able to demonstrate that:
- The defendant owed a legal duty of care to the plaintiff
- The defendant breached his/her duty of care
- This violation proximately caused the plaintiff’s injuries and other losses
- The plaintiff suffered damages
It is important to note that in some situations a court may find an injured party partially responsible for his/her accident. In this scenario, the injured person may still recover monetary compensation, but by a reduced amount.
Statute of Limitations
Civil claims are subject to a statute of limitations, which place a deadline on the time in which someone must file his/her case. In general, under California Civil Code §335.1, potential claimants must file his/her case within two years of the date of the accident. However, if an individual is solely seeking damages for property damage, Cal. Civ. Code §338 allows them up to three years from the date of the accident to file his /her case, with some notable exceptions.
Potential claimants who fail to file their cases within these statutory deadlines may lose the ability to pursue compensation. Our personal injury attorney serving Oakland can help injured parties meet these crucial deadlines.
Contact Our Oakland Personal Injury Attorneys
Pursuing a personal injury claim may allow you to pursue compensation for damages related to your injuries. By contacting our Oakland personal injury lawyers today, you can learn about your legal options and decide the best course of action for your situation. Contact the dedicated attorneys at Mary Alexander & Associates to get started on your case.
