Oakland Personal Injury Lawyer
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.
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.