If you’ve been injured in Oakland, CA — or anywhere else in California — then you could be entitled to sue for compensation. Victims often face significant challenges when dealing with an insurance company, as these companies may employ tactics to minimize payouts and may even deny claims altogether. But navigating the legal process can be confusing and somewhat scary, especially for a first-time plaintiff, so it’s worth connecting to experienced Oakland personal injury attorneys for guidance.
Contact 1-800-THE-LAW2 for a free case evaluation with a qualified local injury attorney. You’ll be able to discuss your case and be advised on the next steps you should take to secure the compensation you deserve.
If you’d like to learn more about personal injury attorneys and what they can do for you, keep reading!
What can an Oakland personal injury attorney do to help me with my dispute?
Personal injury lawyers are more than just courtroom advocates — they have many different tasks and responsibilities over the course of litigation. These include, but are not necessarily limited to:
- Identifying, gathering, and preserving relevant evidence
- Communicating on your behalf with the defendant and various third parties (i.e., the insurance companies, law enforcement officers, etc.)
- Working with experts and eyewitnesses to develop supportive testimony
- Building a strong legal argument
- Negotiating a potential settlement
- Navigating various court hearings and processes
- Handling the complexities of filing a personal injury lawsuit, including submitting a complaint in court and discussing potential outcomes
- Pushing forward to trial, if necessary
- Securing the payout after a trial award
- And more
That’s a large number of responsibilities, and each of these is nuanced — it’s easy to make mistakes during litigation, especially if you’re not a trained and experienced personal injury lawyer. That’s why it’s so important to work with a lawyer as soon as possible after you’ve been in an accident.
What is the compensation for personal injury?
In California, and elsewhere, personal injury compensation in personal injury cases is meant to account for the various losses that you sustained as a result of the defendant’s negligent, reckless, or intentional misconduct. Claimable losses include:
- Lost wages
- Loss of earning capacity
- Loss of property
- Healthcare expenses (i.e., medical bills for whatever medical treatment you received to deal with your injuries, supported by your various medical records)
- Pain and suffering
- Loss of enjoyment of life
- Loss of companionship
- And more
Traumatic brain injuries are a significant risk in high-impact accidents and can lead to substantial healthcare expenses and long-term consequences.
Damages vary considerably from case-to-case, due to the particularities unique to each dispute. For example, if you are injured in a serious car crash, but you are unemployed at the time of the collision, then your wage loss claim would be zero. By contrast, if you are gainfully employed, and you’re forced to take a lot of time off from work after the accident, then your wage loss claim could be substantial.
Can I claim for personal injury if the accident was my fault California?
Yes, California does allow injured plaintiffs to sue and recover damages even if they are partially at-fault.
California implements a doctrine known as “pure comparative fault.” Under pure comparative fault, you — the injured plaintiff — can sue for damages even if you are 99 percent at-fault for the accident. That being said, your compensation will be reduced by your percentage contribution of fault. So, for example, if your damages claim is $100,000, and you’re 50 percent at-fault, then you’d be entitled to recover $50,000. It’s not ideal, but it’s better than nothing!
How are personal injury settlements calculated in California?
Personal injury settlements are essentially a way for the parties to negotiate around the inherent uncertainty of litigation. If you bring a personal injury claim, such as a car accident claim, you may have a 70 percent likelihood of “winning” your desired $100,000 damages should the case go all the way through to trial. That 30 percent possibility of a “loss” can be quite concerning for many plaintiffs, however, just like the 70 percent possibility of a “win” is concerning for many defendants.
Rather than spend time and resources litigating claims that are inherently uncertain, most parties prefer to negotiate a settlement — this ensures that there is a certain and immediate resolution to the dispute. “Fair” settlement offers must account for the level of uncertainty involved.
Let’s return to our previous $100,000 example. If, after presenting initial legal arguments and evidence to the defendant, they agree that you have a roughly 70 percent likelihood of success should the case proceed to trial, then a “fair” settlement would be around $70,000. By agreeing to this payout, you avoid the possibility of a zero payout in the event of a loss at trial, and you are able to avoid the hassle and demands of litigation, too.
How long does it take to settle a personal injury case in California?
Every case is different, so there’s no one-size-fits-all answer to how long it takes to settle personal injury lawsuits. Factors that may influence the length of time it takes for a personal injury case to be resolved through settlement include:
- The hostility of the defendant and their willingness to come to a settlement compromise
- The financial resources available to the defendant (i.e., a defendant with significant resources at their disposal can litigate a dispute for longer)
- The potential negative impacts of extended litigation (i.e., a company may be willing to offer an early and favorable settlement compromise to avoid the negative publicity of your lawsuit)
- The strength of the evidence supporting your legal claims
- The strength of the evidence supporting your damages claims
- And more
Depending on the particular circumstances of your case (and the above factors), the dispute could be settled in a week or a month, or a year or more. We encourage you to speak to an attorney for a clearer understanding of what sort of settlement opportunities you might have available in your dispute.
Do I have to hire an Oakland personal injury attorney or can I handle the case on my own?
You are under no legal obligation to hire an Oakland personal injury lawyer to represent you in your dispute. That being said, it’s highly discouraged to pursue your claims without the guidance of professional legal representation. Experienced Oakland personal injury lawyers can provide invaluable expertise and dedication, handling various types of personal injury cases and aiming to achieve favorable outcomes for their clients.
Industry observers have long noted that working with an attorney leads to better case outcomes on average (as compared to handling the case on your own). Further, if you try to “represent yourself,” you’ll be struggling against the court’s biases, as they are likely to consider you as being a problematic claimant who is wasting the court’s valuable time and resources.
How much time do I have to pursue my personal injury claims in California?
In California, as in other states, there is a statute of limitations that applies to your personal injury claims — this acts as a sort of deadline by which you must file your injury claims with the court. Failure to do so in a timely manner (i.e., waiting past the deadline) will result in the courts automatically dismissing your claims on the basis that you have abandoned or relinquished them under the law. This can significantly restrict you from recovering compensation.
For negligence-based personal injury claims in California, such as car accident claims, the statute of limitations is quite short — in fact, you have just two years from the date of injury to file your claims. In cases involving a government defendant, you’ll have just six months to begin initial filing procedures.
Given the severe consequences of a delay, it’s critical that you consult a qualified personal injury lawyer for guidance, and for assistance on handling your lawsuit. They’ll be able to ensure that your claims are processed in a timely manner. Understanding personal injury law is essential, as it helps you navigate the complexities of legal deadlines and ensures that you do not miss the opportunity to seek compensation.
Worth noting: if you’ve waited too long, that doesn’t necessarily mean that you don’t have an actionable claim. There are certain legal exceptions that suspend/extend your statute of limitations deadline, and those might apply to your claims — for example, if you didn’t reasonably discover your injuries until years after the accident (i.e., the injury was asymptomatic until later), then your statute of limitations countdown will have been suspended until the date that you “discovered” the injury.
What percentage do personal injury lawyers take in California?
Generally speaking, most personal injury lawyers in California (and elsewhere) work on a contingency fee basis — they offer legal representation in exchange for a percentage cut of whatever compensation they’re able to secure on your behalf. This percentage can vary from 25 percent at the low-end to 40 percent or more at the high-end, depending on what you negotiate when you hire them.
Contingency fee arrangements don’t typically require any payment upfront, and the percentage cut is only paid out if — and when — you “win” compensation. If you don’t “win” any compensation, then you don’t have to pay. This makes pursuing your claims a lot less risky and financially burdensome.
Perhaps best of all, contingency fee arrangements incentivize attorneys to work efficiently to maximize the total compensation. After all, the more you get paid, the more they get paid, so it’s a win-win!
Contact 1-800-THE-LAW2 for a Free Consultation
If you’ve been injured in an accident in California, then you could be entitled to sue for damages under the law. As you explore the possibility of a lawsuit, however, you may be feeling overwhelmed and anxious about what to do next, and how to maximize the likelihood of success. We encourage you to get in touch with an experienced Oakland personal injury attorney who can help guide you through the litigation process.
Contact 1-800-THE-LAW2 for a free consultation with a qualified personal injury lawyer in Oakland, CA. We operate a large network of attorneys so that injury victims can access local legal representation. By choosing an attorney who works at a reputable personal injury law firm, you ensure that your case is handled by professionals who understand the legal complexities and prioritize your needs. During the initial consultation, you’ll have an opportunity to discuss the details of your case and learn about your strategic options. That being said, if you decide against moving forward with the dispute, that’s okay too — there’s no obligation to pursue your claims.
We look forward to assisting you.
