3 Considerations for Your Personal Injury Dispute in Oakland, CA
If have injuries from an accident in Oakland or the San Francisco Bay area, then California law may entitle you to damages as compensation for your losses. These losses can vary quite substantially from case to case. They may include: wage loss, loss of earning capacity, medical expenses, pain and suffering, property loss, and more.
Personal injury is a broad category that covers a wide range of disputes, from motor vehicle accidents to slip and falls, and so forth. It is a heavily litigated area of civil law that benefits from dynamic legal representation.
1. California Statute of Limitations
The statute of limitations, like in California, is of critical importance to every civil case. This includes personal injury disputes and lawsuits. Though the CA statute of limitations varies depending on the nature of the legal claim, it serves as a “deadline” for it.
If you file to bring your legal claims before the deadline passes, then the court will automatically dismiss your claims, should you bring it at a later date. This action prevents any recovery in a court of law. As such, you must seek legal assistance in a timely manner, and before the statute of limitations period runs out.
Note: there are exceptions to this that will apply under limited circumstances. If you delayed filing your injury claim, consult an Oakland personal injury attorney to evaluate whether one of these exceptions may apply.
2. Social Media Concerns
This may come as a surprise to some first-time personal injury plaintiffs, but the defendant’s law firm is likely keeping track of your social media profiles. Also, they may hire a private investigator to “tail” you in public. Defense firms engage in these less-than-savory methods in an attempt to catch you behaving in a way that conflicts with your injury narrative.
For example, if you claim your back injury prevents you from working, but you post pictures on social media of your flag football game from over the weekend, the defendant might introduce that as evidence. It could show that your injuries are not as severe as you claim.
3. Medical Follow-Through
Failure to “follow-through” with your medical diagnostics and treatment plan can seriously undermine your personal injury claim.
Not only will the defendant attempt to argue that your injury is potentially illegitimate, they will also attempt to argue the negative impacts of your injury. They may argue that the severity of these impacts was heightened by your failure to follow through on treatment. Pursuant to this argument, they will attempt to show that they aren’t liable for most of the damages.
Contact 1-800-THE-LAW2 for a Free Consultation with an Oakland Personal Injury Attorney
If you have an injury due to another person’s fault, it is important to consult with a qualified personal injury lawyer as soon as possible.
Contact our team at 1-800-THE-LAW2 to connect to one of the experienced Oakland personal injury attorneys in our network today. Consultation is free and confidential, so there’s no risk to call in and get started with the injury case evaluation process.
We look forward to assisting you.