When you’ve been injured by someone else, hiring a California personal injury attorney could be your best course of action. We understand the difficult time you are facing, so the lawyers with Sargent Law Firm Injury Lawyers work on a contingency fee basis. You don’t have to worry about how much legal representation will cost. You only pay when we win.
We also offer free initial case evaluations. During your free consultation, a member of our personal injury law firm will listen to your story and explain your legal options. Once we agree to work together, our accident attorneys will investigate, determine your damages, and fight to get you and your family the maximum compensation possible.
Sargent Law Firm Injury Lawyers is your local law firm, and we are dedicated to helping injury victims like you. Reach out today for your free case consultation.
Accidents That Fall Under the Umbrella of Personal Injury
Personal injury is any physical, financial, or emotional harm caused by another party. The action that caused your harm could be due to negligence or intentional. As a personal injury victim, California law permits you to seek financial compensation to address the injuries and losses to make you whole again.
There is a wide range of accidents that fall under personal injury, and our California personal injury attorneys have legal experience with such cases as the following:
- Auto accidents
- Motorcycle accidents
- Truck accidents
- Wrongful death
- Slip and fall injuries
- Dog bites
- Workers’ compensation
- Catastrophic injuries
- Traumatic brain injuries
- Spinal cord injuries
- Burns
- Premises liability
- Rideshare accidents
- Pedestrian accidents
- Bicycle accidents
If you think you might have any type of accident injury case, contact our law firm. Our legal team can discuss your case during a free consultation to let you know your legal options.
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It’s free to speak with us and learn the value of your case today.
Call Us NowHow Does Liability Work in California?
California is a fault state, meaning that the at-fault party is responsible for paying for damages caused by an accident. Often, the at-fault party’s insurance policy covers the damages.
Under California law, there are several ways that injury victims can recover compensation from the liable parties after an accident. Victims can:
- Seek compensation from the liable party’s insurance company
- File a lawsuit against the liable party
- File an insurance claim under their own policy, depending on their coverage
It is important to note that in some cases, more than one person shares the responsibility for causing the accident. When this occurs, the compensation received from each liable party correlates to the degree of fault assigned to them by the court. Under CIV § 1714, California follows a “pure comparative negligence” law. Even if you are found to be 1% at fault for your injuries, you may still recover compensation. However, your compensation will be reduced by your degree of fault.
Proving your actions did not contribute to the crash is critical in getting the maximum compensation. Depending on the facts of your accident, this may require an extensive investigation and advocacy from a California personal injury attorney.
The Damages You Could Recover After a Personal Injury in California
When another party causes your injuries, you may be entitled to receive fair compensation for a wide variety of damages. There can be various damages in your claim, but they generally fall into two categories: economic and non-economic.
Your economic damages may include such losses as:
- Medical expenses, such as doctor’s visits, surgeries, hospitalizations, rehabilitation, and therapy
- Lost wages, including any bonuses, tips, and benefits you missed while recovering
- Reduced earning potential if your injuries prevent you from returning to work or career
- Property damage, such as vehicle repairs and replacing personal effects
Non-economic damages reflect losses to your quality of life, and include such things as the following:
- Pain and suffering that you endured
- Emotional distress and mental anguish
- Loss of enjoyment of life if you can no longer participate in the activities you previously enjoyed
- Loss of consortium sought by a spouse or partner
For families that lost a loved one, they may seek such damages as:
- Funeral and burial expenses
- Prior medical bills
- Loss of guidance and financial support
- Loss of inheritance
Our personal injury attorneys in California can identify all possible damages in your case and ensure you have the proof necessary to present them to the insurance company and in court.
The Value of Your California Personal Injury Case is Unique
The value of your personal injury case will be based on the damages unique to you. Insurers will try to pay as little as possible. They are like any other company trying to protect their profits. However, our California personal injury attorneys will identify all damages in your case and fight for fair compensation.
Generally, plaintiffs who work with an accident lawyer typically get three times more money than managing their claims alone. Regretfully, insurers know this and will take advantage of your lack of representation, but you can retain our legal counsel on contingency. There is no financial risk to you.
If you want to understand your damages and recovery options, contact Sargent Law Firm Injury Lawyers today. We’ll discuss your specific situation, injuries, and potential compensation at no cost. Knowing your full legal rights in California may take an understanding of a legal professional, but we make it easy to understand your options.
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If you’ve been injured or a loved one has been killed through an act of negligence, you need the highest level of legal representation.
Schedule a Free ConsultationHow a California Personal Injury Lawyer Could Help You
Injury attorney Ryan Sargent understands the laws regarding personal injury and takes pride in fighting for injured clients. When we take on your case, you can count on us to:
Provide a Free Case Review
Everything begins with your initial consultation. During your confidential consultation, you can explain what has happened, how it has affected you and your family, and what you are hoping to achieve. Our team can explain your options and answer any questions you may have.
Investigate the Accident
We have the resources to investigate your accident to determine who was at fault, who carries liability, how the accident occurred, and what you have lost. Referred to legally as negligence, we identify the four key components:
- Duty of Care
- Breach of Duty
- Causation
- Damages
Gather Evidence to Prove Negligence
Proving those four key components requires evidence. The evidence in your case may include the following:
- Photographs and videos of your injuries, the accident scene, and any relevant items
- Incident reports from the police or first responders
- Medical records on your diagnosis and treatment
- Witness statements, which can add and corroborate events
- Repair estimates and bills for damaged property
- Financial records on your income
- Expert testimony to explain complicated topics
- Insurance policies
File Your Claim and Negotiate a Fair Settlement
We will compile the information and evidence we collect and submit our demands to the insurance company of the responsible party. Our investigation may find that there are multiple negligent parties. If that is the case, we will submit insurance claims with each.
Represent You in Court
If we cannot reach a fair settlement with the insurance company, we will proceed with a lawsuit and seek a favorable outcome through the courts.
Do You Need to Hire a California Personal Injury Lawyer?
No, you are not legally required to hire an attorney. However, personal injury law can be quite complex. Add to it that you’ll be investigating your own accident, collecting evidence, dealing with the insurance company, their adjusters, and their lawyers, plus the fact that you will be seeing doctors and trying to recover from your injuries—it can all be a bit overwhelming without help.
When you have a California personal injury lawyer standing by your side, you will have the benefit of our knowledge and resources to build your case and deal with the insurance company on an equal footing.
How Do You File a Personal Injury Lawsuit in California?
Here is a basic overview of the steps involved in filing a personal injury lawsuit in California:
- Consult an attorney: Retain a California personal injury attorney to handle your case. They will advise if you have sufficient grounds to proceed.
- Send a demand letter: Your attorney sends a demand letter to the at-fault party requesting compensation for damages suffered.
- File a complaint: If the demand is rejected or ignored, your lawyer will draft and file a civil complaint with the court outlining your allegations.
- Serve the defendant: The defendant must be properly served with a summons and the complaint per CCP § 415.10.
- The discovery phase: Both sides exchange information through tools like interrogatories, depositions, and document requests.
- Negotiate a settlement: Your lawyer will continue pursuing potential settlement options with the defendant’s insurance company as the case proceeds.
- Go to trial: If no settlement is reached, the case will go before a judge and/or jury, who will decide if the defendant is liable for damages based on hearing arguments and reviewing evidence.
- Court judgment: If successful, the judge or jury will award compensation through a court judgment in your favor.
While the basic process is straightforward, formal personal injury litigation can be complex. Hiring a California personal injury attorney to handle your case could be beneficial, especially if you are recovering from injuries.
Get a free case evaluation
Schedule NowHow Long Will It Take to Settle Your California Personal Injury Case
According to California’s statute of limitations, CCP § 335.1, you typically have two years from when the accident occurred to file a personal injury lawsuit. If you wait and the deadline expires, you may lose your right to sue. Without this right, the insurance company will have no reason to negotiate a settlement with you, and you may be left paying for your losses.
Additionally, the longer you wait to reach out to an injury attorney, the less time they will have to build a strong case for your compensation. If you contact our law firm soon enough, our California personal injury attorneys can preserve evidence before it is lost or destroyed. We can send out letters of spoliation to defendants who may be in possession of relevant evidence and speak with witnesses before their memories of the event fade.
However, there are things that will affect when your case is settled. The legal process depends on many factors, including the following:
- The severity of your injuries: More serious injuries often take longer to assess the damages and loss. Minor soft tissue injuries may resolve faster.
- The need for litigation: Cases settling pre-trial generally resolve faster than those going to trial, which can add years.
- Disputes over liability: Clear liability means quicker resolution versus protracted disputes over who’s at fault.
- Insurance delays: Reluctance by insurance carriers to engage in negotiations delays the process.
- The extent of your medical treatment: Cases involving ongoing treatments and procedures tend to take longer.
- Willingness to settle: Mutual willingness to compromise helps cases settle more promptly.
- The court’s caseload: Busy courts can mean delays if judicial rulings are required at certain stages.
While every case is different, it could take one to three years from incident to settlement in California. A California personal injury attorney can keep your case on track through assertive negotiation and litigation tactics.
Take Steps to Ensure Your Healthy Recovery and Protect Your Rights
Accident victims can take proactive steps toward their recovery and protect their rights starting at the accident scene. If you have been in an accident, you should:
- Check for injuries: Whether it was a slip and fall or you were hit by a car, check yourself for injuries. If you can move, move to a safe location to avoid any further injury. If necessary, call 9-1-1 and ask for emergency services.
- Report the incident: You need to report what has happened. Employees on the job would report to their employers. Car accident victims would call the police. This step will lead to the creation of a report on the accident, which could contain vital information for your claim.
- Collect information: If your injuries permit, you can start gathering evidence for your personal injury claim. You could take pictures and videos of the accident scene and contact information from witnesses.
- See a doctor: Your injuries may require immediate medical attention at a hospital. If not, see your primary care doctor as soon as possible. They can begin diagnosing your injuries and begin a treatment program.
- Follow your doctor’s orders: Do not miss any treatment, medication, or appointments. Seeing a doctor and following their orders creates a link between your injuries and the accident. The longer you wait to see a doctor or skip any treatment, the more it causes the insurance companies to doubt your claim.
- Contact an attorney: Insurance companies can use anything you say to devalue or deny your claim. Innocent comments like “I’m sorry” or “I feel fine” can be twisted against you. A California personal injury lawyer knows these tactics and can protect you from them and others.
Get Started With a California Personal Injury Lawyer Today
Reach out to the team at Sargent Law Firm Injury Lawyers to learn if you have a valid claim. A California personal injury attorney is here to take the pressure off you so you can focus on healing. Call today.