San Francisco Bay Area Personal Injury Attorney

What is Personal Injury?

Personal Injury law allows an injured person in California to file a civil lawsuit in court and seek compensation for losses due to an injury after an accident. This law aims to provide compensation for the injured person after the stress and harm they have suffered because of another person’s negligent or intentional conduct. If you have suffered an injury because of someone’s negligence, contact one of our Alameda personal injury attorneys today.

Common Kinds of Personal Injury Cases

Car Accidents

Car accidents are the most common personal injury cases in the U.S. When a car accident usually happens, it is because someone didn’t follow the traffic rules. A reckless driver can be held liable for the injuries caused by the accident.

However, California follows shared fault laws or the “pure comparative negligence” rule. In basic terms, this means that the compensation an injured person will receive will depend on their shared fault in the accident.

For example, you were in a car accident where another driver beat the red light and hit your car. However, you were also driving a few miles above the speed limit, so you might share a small percentage of the blame for the accident, say 15%.

Under California’s pure comparative negligence rule, your total compensation is reduced by 15%, representing the total percent of your fault in the accident. So from $10,000, you will only receive $8,500 after deducting the 15%.

Slip and Fall

A slip and fall case is another common type of personal injury case. Landlords, or sometimes even tenants, have the legal responsibility of keeping their property safe and hazard-free to avoid any individuals from being injured. Of course, not all injuries or accidents inside the property premises are against the property owner. To know if your accident falls under a slip and fall personal injury case, call one of our Alameda personal injury lawyers today.

Medical Malpractice

Medical malpractice is a special type of personal injury case. These types of claims are brought against nurses, doctors, and other medical professionals or even hospitals when their treatment falls below medical standards, leading to a patient’s injury or death. However, it is essential to remember that not all bad treatment outcomes mean that your health care provider has committed medical malpractice.

Medical malpractice lawsuits are extremely complicated, so you need legal experts on your side. If you suspect that your healthcare provider has committed medical malpractice, consult with an Alameda personal injury attorney.

Defamation

Defamation is a false statement about you that someone gives. It can appear as fact, and it aims to harm your professional or personal reputation.

Libel and slander fall under defamation law. Libel is defamation in writing, and slander is verbal defamation. When charging for slander or libel, you just usually have to prove that someone made a false statement against you and that it caused harm or financial loss.

Dog Bites

In many states, dog owners are protected from injury liability if their dog injures someone for the first time or if they have reason to believe that the dog isn’t dangerous. In California, California Civil Code section 3342 makes the dog owner strictly liable, which means that the dog’s owner is legally responsible for injuries caused by their dog to someone. The statute reads:

“The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.”

Battery, Assault, and Intentional Torts

Compared to other types of personal injury lawsuits, intentional torts aren’t accidents caused by carelessness but rather when someone intentionally harms someone. Cases like these can usually involve criminal charges against the perpetrator. For instance, when someone physically attacks another person, they face criminal charges. The victim can also file a personal injury lawsuit in court and demand compensation for injuries caused by the attack. If you have experienced physical harm caused by someone, don’t hesitate to press charges. Our Alameda personal injury lawyers can help. We will fight for you and protect your rights.

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Hiring a Personal Injury Attorney in Alameda, CA

Recovering compensation for losses and damages incurred due to another person’s negligence can be done in two ways: either by filing a personal injury claim or filing a personal injury lawsuit. Whether you’re filing an individual insurance claim or filing a case, the best thing to do is to always consult with a personal injury lawyer about your situation. While there’s always the choice of filing independently, consulting with a personal injury attorney in Alameda, CA, can assure you that you’re making the right decision for your case.

Settlement & Negotiation

After gathering all evidence and reviewing your case, your injury attorney will negotiate and make a demand on the insurance company or the opposing party’s attorney. A good attorney will avoid filing prematurely and only file once you have recovered and have a clear idea of how much your case is worth.

Litigation

If you fail to settle, your case will proceed to the litigation phase and file a personal injury lawsuit. Filing a lawsuit should be done before the statute of limitations is up, which is two years from the date of the injury.

Discovery

Both parties will investigate the other party’s legal claims. Your Alameda personal injury lawyer will send document requests and take testimonies from witnesses during the discovery phase.

Negotiation & Mediation

At the end of the discovery phase, settlement negotiations will take place. Negotiations can happen through your attorney, or both clients and their lawyers may go through mediation with the help of a mediator.

Going to Trial

If both parties fail to agree to the mediation process, the case will go to trial. Trials for personal injury lawsuits can last for days, weeks, or even months.

 

Need Help with Your Case?

If you or your loved one is dealing with a personal injury case, our Alameda personal injury attorneys can help. Our Alameda attorneys can also help you with other legal concerns such as criminal charges, civil disputes, or estate problems. Call us at 510-681-2813 today.