San Francisco Personal Injury Attorneys
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Our San Francisco Personal Injury Attorney Help Clients Understand Their Rights
If you have been injured in an accident that wasn’t your fault, you may be wondering what to do next. You don’t have to go through the insurance claims process on your own. Our experienced San Francisco personal injury attorneys can help protect your legal right to compensation.
We can also handle the paperwork, allowing you to focus on getting better and spending time with your loved ones. We can manage the claims process and communications with the insurance company on your behalf. Learn more about the types of personal injuries, who can be held responsible for your damages, and what to expect in pursuing a claim.
largest personal injury settlement in Calaveras County in 2020; client suffered lower leg injuries.– Judd Ross Allen
What Is A Personal Injury?
A personal injury refers to physical, emotional, or psychological harm caused by another person’s or entity’s negligence or wrongful conduct. In such cases, the injured party may have the right to seek compensation through a personal injury claim if it can be shown that the other party was legally responsible for the harm.
Injuries can be mild (such as a concussion that resolves on its own after a few days of rest) or severe (such as brain damage that leaves the victim unable to speak or walk). Some could heal within a few days, or they could leave you permanently unable to engage in your work and hobbies. Personal injuries do not have to be physical: many accident victims suffer from post-traumatic stress, anxiety, depression, and other emotional injuries.
These, too, can be pursued in a compensation claim. The bottom line is this: if someone else was negligent, and you were injured because of it, they may have a legal obligation to compensate you for the injuries and financial losses you have suffered.
Types Of Personal Injury Cases Our San Francisco Lawyers Handle
Many types of accidents can leave a person with a personal injury. Here are some of the common cases our lawyers handle:
Auto Accidents
Auto collisions contribute to traffic accidents in California that result in injuries and fatalities. Many accidents occur daily on the busy roadways of major metropolitan areas, such as San Francisco, Silicon Valley, and the broader Bay Area. An auto accident could involve passenger vehicles, large commercial trucks, bicycles, or motorcycles. You could be injured as a driver, passenger, or pedestrian. In many cases, pedestrians often suffer severe injuries due to a lack of protection from the force of the collision.
Technologies, such as rideshare services, rental bikes, and electronic scooters, have unique legal considerations in accident cases. If a negligent driver causes a car accident, they may have a legal obligation to compensate the injured victims. To provide a legal avenue for compensation, California, like other states, requires drivers to carry liability coverage on their auto insurance policies.
Premises Liability
In California, property owners are legally responsible for exercising reasonable care to keep their property safe for visitors. If an unsafe condition leads to an injury, a claim may arise under premises liability law, but only if the owner knew or reasonably should have known about the danger.
Generally, the expectations of “reasonable care” are higher for commercial properties than for private residences. Businesses have a greater duty to regularly inspect and maintain safety for customers, which can make it easier to establish that they had notice of a hazard. Homeowners, while also required to use reasonable care, face a lower inspection burden. This difference in expectation often makes claims against businesses generally easier to prove than those against individual homeowners.
Medical Malpractice
Healthcare professionals have a legal duty to provide care that meets the standard of a reasonably competent practitioner with similar training and experience. If a doctor, nurse, or other medical professional provides care that falls below this standard and causes harm, they may be considered negligent and potentially liable for medical malpractice.
In many cases, the employer, such as a hospital or medical facility, can also be held responsible for the actions of its staff. These institutions typically carry malpractice insurance to address potential claims arising from negligent care.
Nursing Home Abuse And Neglect
Nursing homes and long-term care facilities are held to a high standard of care, similar to hospitals. Because residents are often mentally and physically vulnerable, facilities have a responsibility to protect them from foreseeable injuries, such as falls, as well as from abuse or neglect by staff, including physical, financial, or sexual abuse.
If any type of neglect or abuse is found to occur in a nursing home, the facility may be held liable for the victim’s injuries and losses. Families play a critical role in holding nursing homes accountable, helping protect other residents from similar harm.
Products Liability
Consumer goods sold in the United States must be safe. Under strict liability, manufacturers can be held responsible if a defect causes injury while the product is used as intended. Retailers may also bear liability for selling defective goods.
“Strict liability” means that the victim does not have to prove that the defendant was negligent. They must only prove that the product was being used as intended when it caused injuries due to a defect in its design or manufacturing. Product liability can lead to severe injuries.
If, for example, a truck manufacturer installs a defective brake system and causes an accident that results in injuries or fatality, auto manufacturers may issue a voluntary recall to repair the defect. The victims may also pursue a personal injury claim.
Who Is Responsible For Paying For My Personal Injuries?
The person (or company) who caused the accident may be held responsible for your injuries and losses. There can also be more than one defendant who is legally responsible for paying you. This is why it can be beneficial to work with an experienced injury attorney. They can help assess liability and provide guidance on the claims process.
Who can be a potential defendant in a personal injury lawsuit? Liability generally hinges on negligence, which occurs when someone breaches a duty of care owed to others.
In auto accidents, the defendant is often another driver whose negligence caused the crash. However, liability may also extend to an auto manufacturer if a defective vehicle contributed to the accident. In some cases, road crews or municipal agencies can be held responsible for failing to address dangerous conditions on public roadways.
Medical facilities and nursing homes can also be held “vicariously liable” for employees’ negligence while they are on the job. A nursing home can also be liable for the negligent or abusive acts of its employees. For example, a nursing home orderly is physically abusing patients. The employee could be criminally liable for these acts. The nursing home could also be held liable for failing to protect its patients from these actions and for negligent hiring practices, especially if the employee were found to have a criminal record or a history of committing crimes at other medical facilities.
Nursing home abuse cases can be complicated. They can involve criminal charges, administrative complaints, and civil lawsuits for personal injuries. Families can benefit from working with a San Francisco personal injury attorney experienced in handling nursing home abuse and neglect cases. Lawyers can help them navigate the complexities involved in these situations.
What Are The Common Types Of Compensation In A Personal Injury Claim?
One of the most frequently asked questions about injury cases is, “How much money will I get?” Money can be a pressing concern, especially for an injury victim whose medical bills are piling up at a time when they might be unable to work. The amount of compensation you may be able to pursue depends on the severity of your injuries and the circumstances of your case. Here are some of the common types of compensation in a personal injury claim:
Medical Bills
Compensation may be available to cover all medical bills related to the accident. These expenses can include physical therapy, chiropractic care, and other rehabilitative services. In many cases, medical bills are the most straightforward losses to prove. Your doctors will provide itemized statements that show what care was rendered for specific injuries.
Sometimes, medical charges may be questioned during the claims process. For example, there may be scrutiny over whether the provider’s fees are consistent with typical rates for similar treatments or whether the amount of treatment provided was necessary. This type of review is especially common for chiropractic care, which often involves subjective assessments of pain and discomfort and is evaluated differently than some other types of medical treatment.
Additionally, questions may arise about whether delays in seeking treatment or failure to follow medical recommendations affected the extent of the injuries. It can be difficult for someone without legal experience to manage these types of discussions or negotiations with an insurance company. Personal injury attorneys can help you navigate these challenges and guide you throughout the claims process.
Lost Wages
Injury-related absences from work can lead to a loss of income. Even short periods away, such as the time spent on medical appointments, can result in lost wages. More serious injuries may cause extended absences, potentially lasting weeks or months.
In addition to regular pay, lost income can include bonuses, overtime, commissions, and other forms of compensation, as well as employment benefits like health insurance or retirement contributions. A personal injury claim may pursue compensation for the value of these lost earnings and benefits.
Pain & Suffering
In addition to financial losses, individuals injured in an accident may seek compensation for non-economic damages, such as pain and suffering, emotional distress, and reduced quality of life. These damages often represent a significant portion of a personal injury settlement or verdict.
Claims for pain and suffering can be difficult to prove because they rely on subjective experiences rather than measurable data. The extent of pain or emotional distress may be questioned, and there can be disputes over how severe the suffering truly is or how long it is expected to last. In some cases, compensation for these losses may be denied or reduced if the evidence is considered insufficient or inconsistent with medical findings.
Due to these complexities, seeking legal guidance can be beneficial. A San Francisco personal injury lawyer can help you understand the potential value of your claim, evaluate settlement offers, and determine whether pursuing litigation may be appropriate.
Future Losses
The statute of limitations on most personal injury claims is generally two years from the date of the injury. This means that you may not be allowed to file a lawsuit after that deadline, or your claim may be dismissed.
In cases involving serious or long-term injuries, however, it may be difficult to determine the full extent of your losses at the time the claim is filed. Severe injuries can result in ongoing or lifelong expenses, including future medical costs, loss of income, diminished earning capacity, pain and suffering, and other long-term consequences. Compensation for these anticipated losses may be included as part of a personal injury claim.
In order to calculate these costs, your lawyer may work with expert witnesses to project the value of your future losses. A life care planner can estimate the cost of your future medical care. A vocational expert can assess your ability to return to work or perform alternative employment given your limitations. An economist can project the value of your lost wages and employment benefits, adjusting this value for inflation and life expectancy.
Projections of future losses are often closely scrutinized during the claims process. These estimates may be questioned based on assumptions about your ability to return to work, the duration of your recovery, or the extent of your ongoing pain and suffering. Opposing counsel may also argue that future income losses could be reduced if you are able to engage in some form of limited employment.
Because these assessments rely on expert opinions and long-term forecasts, they are sometimes subject to disagreement and require strong supporting evidence. Our San Francisco personal injury attorneys work diligently to document your losses, gather evidence, and present well-supported legal arguments. They advocate for appropriate compensation for your current and future losses that may be available under the law.
How Long Will It Take To Resolve My Case?
Every case is different. The timeline for resolving a personal injury case can vary widely depending on the circumstances. In cases where liability is clear and financial losses are easily documented, settlements may be reached within a few weeks or months.
Other cases are more complicated and may take longer. Disputes may arise over fault, the extent of medical expenses, lost wages, or the value of pain and suffering. Resolving these issues can extend the duration of the case.
Sometimes, the lawyers are able to negotiate these issues between themselves. Other times, the plaintiff’s attorney must file a lawsuit to show the defense that they are serious about pursuing compensation.
Some cases are resolved through mediation or arbitration, while a small number may proceed to trial, where a jury determines the fair value of the claim. Although most cases are settled before trial, those that go to court can take several years to conclude.
Contact Our San Francisco Personal Injury Lawyers For Legal Help
An accident can be a terrifying experience for anyone. You don’t have to handle the insurance claim on your own. An experienced personal injury lawyer can help protect your legal rights and advocate for a fair settlement on your behalf.
In addition to San Francisco, we serve clients in Sacramento, Riverside, San Jose, San Diego, Sherman Oaks, and throughout California. Call (888) 488-1391 or contact us online to schedule your free initial consultation. You may also complete the “Do I Have A Case?” form here to discuss your situation.
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