Personal Injury Law in Oakland, CA

Personal injury lawsuits can help victims in Oakland recover compensation for their losses. Medical bills, lost wages, pain and suffering, and other damages can add up quickly. However, these lawsuits are not always easy to win and require expertise.

A skilled attorney can help you evaluate your case, negotiate with insurance companies, and represent you in court. Read on to learn more about your options to protect your future during this difficult time.

What Is Personal Injury Law?

In Oakland, personal injury law pertains to the legal procedures involved in obtaining compensation for an injury. Such cases involve the plaintiff seeking expenses and financial losses due to reckless conduct. Insurance companies of both parties get involved and settlements may happen before litigation.

Examples of Personal Injury Claims In Oakland, CA

Although some personal injury claims are more frequent than others, any incident may be eligible. Some of the frequently occurring personal injury claims include:

• Burns
• Dog bites
• Workplace injuries
• Slip and fall incidents
• Traffic collisions
• Medical malpractice cases

Most Common Injuries In Oakland 

According to the CDC, falls are the most common non-fatal injuries in Oakland. Accordingly, slip and fall accidents are the most frequent cause of trips to the ER. Traffic accidents, including car, motorcycle, and pedestrian incidents, come second. Finally, assaults, including domestic violence, are the third most common issue.

Steps in a Personal Injury Lawsuit In Oakland, CA

There are specific steps you can anticipate during a personal injury claim in CA. Since tort law depends on procedures and timelines, engage a lawyer as soon as possible.

Proving Negligence

The initial step in a claim is to establish the negligence of the party liable for your injury. Although it may seem straightforward, the court requires evidence instead of assumptions. Before initiating a lawsuit, your legal team will collect evidence to demonstrate the negligent action or inaction.

Comparative negligence is the most significant aspect of personal injury lawsuits in Oakland. This legal doctrine means each party can have a percentage of fault for an incident.

Some states do not allow you to recover anything if the court finds you over 50% at fault. But California has pure comparative negligence, which means you can be 99% at fault and receive what’s left of the damages.

The Court Process in California

A lawsuit commences by filing a complaint with the court and serving it on the defendant. The complaint asserts the plaintiff’s claim that the defendant’s negligence caused harm. The plaintiff may undergo depositions, medical evaluations, and document production. This discovery process is extensive and culminates in a settlement or court appearance.

The court process for a personal injury lawsuit in Oakland involves several stages, including:

• Filing a complaint with the judicial system that outlines the allegations of negligence or wrongdoing.

• Next, the defendant must receive a formal service of the complaint and a summons.

• The discovery process allows both parties to exchange evidence and information relevant to the case.

• Before trial, either party can file motions to dismiss the case, request summary judgment, or exclude evidence.

• Many personal injury cases settle before trial through Alternate Dispute Resolution efforts.

• If the case goes to trial, both parties will present evidence and arguments to a judge or jury.

• After a verdict, either party may file post-trial motions or appeals to challenge the decision.

California Personal Injury Settlement

In most personal injury cases, the insurance company and the injured party often prefer to settle. As the injured party, you may have questions regarding how much you should seek.

Examining the average emergency room visit bill can help to estimate these costs. Minor or moderate injuries without insurance run an average of $1,220. Nonetheless, the range with coverage can be $623 – $3,087. But the follow-up costs for therapy, medication, and other necessities can easily reach the tens of thousands. More severe incidents may require hundreds of thousands over the next few years or decades.

If the opposing party has insurance, their insurance company would likely prefer to settle out of court. A settlement is helpful for injured parties and insurers since it guarantees prompt compensation. Additionally, in CA, pursuing litigation could result in not receiving any damages.

Damage Awards In California

If your personal injury lawsuit in California proceeds to trial, your legal team will request damages. There are three types of compensation the court may order the defendant to pay for the harm caused.

Special compensatory damages reimburse you for specific financial losses. It covers lost income, medical bills, and insurance deductibles. You must provide receipts as evidence of these expenses.

General compensatory damages are subjective. For instance, if your injury was painful, you may request compensation for your suffering.

Punitive damages are the rarest and are entirely up to the court. It only gets awarded when the judge or jury determines that the negligence was egregious.

There is no cap on damages for personal injury cases in Oakland. However, non-economic damages may have limits in medical malpractice cases.

Statute of Limitations In Oakland, CA Personal Injury Law?

The injured party typically has a specific timeframe to file a lawsuit. Generally, the statute of limitations begins when the plaintiff gets injured or discovers the injury. However, determining the exact discovery date can be difficult and requires evidence.

There is no cap on damages for personal injury cases in Oakland. However, non-economic damages may have limits in medical malpractice cases.

The statute of limitations for personal injury lawsuits in Oakland is two years from the date of the injury. Regardless, some exceptions exist based on the type of injury and circumstances involved.

Consult with a personal injury attorney to ensure you receive the compensation you deserve. Time is of the essence, and delaying action may result in missed opportunities.

Work With an Experienced Oakland, CA Lawyer

If you have suffered an injury, consider pursuing a personal injury claim in Oakland. Our legal team can provide guidance and support throughout the process.

Submit a request online or call us today at (866) 345-6784 to talk to a local personal injury attorney. We can even help you connect with an attorney across California state lines.