Personal Injury Attorney, Sacramento CA
Each day dozens of people in California suffer severe personal injuries. Those injuries can include brain injury, back injury, neck injury, dog bite, amputations, medical malpractice, paralysis, internal injuries, spinal cord injury, and the like.
A personal injury accident is a complicated situation. Very rarely is the case so simple and straightforward a layperson can successfully file a claim. Far more often, these types of cases involve legal complexities beyond what the average person is familiar with and which considerably affect the value of the claim.
The only people allowed to file a personal injury claim are those who have actually been injured and have a rightful personal injury claim. During the claim filing stage these people are known as the “claimants”. Should the claim proceed to trial, they will be called the “plaintiffs”.
The responsible party or the person, company or entity that caused the harm is called the “insured”. Should the case go on to trial they would be called “defendants”.
Personal injury cases occur when a victim suffers an injury from another person or from a product that is defective in some facet. The injury can be either intentional or through some means of carelessness. One party may be held responsible in a court of law for the injuries suffered by the other. If so, the party deemed responsible can be made to pay compensatory damages to the injured party.
The goal of compensatory damages is to restore the injured party to the original state before the injury. In some cases, punitive damages are also awarded. Punitive damages are extra monies paid as a fine intended to punish the responsible party for some wrong-doing and serve as a deterrent in future actions.A Right to Recover Damages
If you or a loved one has been injured because of someone else's negligence, California law states that you have the right to recover money damages for your injuries. These types of cases are extremely unsettling. Lost wages, lengthy hospital stays, unpaid medical bills and a whole host of other problems begin to stack up.
Recouping these expenses as soon as possible is on every personal injury clients mind. In cases such as Quintana v. Arthur, Fresno County Superior Court, a 61 year old man was burned on over 35% of his body while welding a large diesel tank which exploded. He was awarded $2,125,000.
A personal injury trial consists of several stages. Once a claim is filed against the responsible parties’ insurance company the process begins. At this point an insurance adjuster will contact the injured party and attempt to make a settlement out of court. Far more often than not, these offers are way under what would be awarded by a court once all facets of the accident are considered.
Court proceedings rely on accurate and timely filing of documentation and forms. The statute of limitations also comes into play. The statute prevents a person from filing a claim against another if a specified amount of time has already passed.
An experienced attorney, knowledgeable in personal injury cases can maneuver this red tape where the average person cannot. There is no room for error in cases like these.
You have a right to recover damages for your past lost wages, future lost wages, past medical bills, future medical bills, property (car) damages, and all related expenses. In addition, the law states that you are entitled to money damages for the pain and suffering you have experienced in the past and will experienced in the future.
Every successful claim for personal injuries has three parts:
- You have suffered an injury.
- It is someone else's fault.
- There is insurance or money to pay for it.
I have been representing injured clients for over 40 years. If you have suffered a serious personal injury you should call my office. There is never a charge for discussing your case. If we take your case, there's no fee until we win.Don't Let Your Statute Of Limitations Run Out
In California, the law imposes a statute of limitations, which sets a maximum amount of time that legal proceedings can occur after the date the incident. Each year at our Law Office, people call me to ask me for help that have legitimate cases, only to find their statute of limitations has run out. It is one of the most difficult things for me to tell them I can’t help because they waited too long.If you or a loved one have been injured in an accident or due to medical malpractice, you will need a lawyer with experience. Call Moseley Collins at (916) 444-4444 for a free consultation.
Moseley Collins is a personal injury attorney serving those badly hurt throughout California. There is absolutely NO FEE to discuss your case and there is absolutely no fee unless we win and get you the money you are entitled to. We are on your side and know what to do to get you compensation and justice.
980 9th St, 16th Floor
Sacramento, CA 95814
Phone: (916) 444-4444
If you have been injured or had your personal property damaged because of someone else’s unreasonable or careless behavior, you may be entitled to have that person compensate you for the cost of your damages. If you are not sure if you should file a claim, a personal injury lawyer in Sacramento will be able to evaluate your case and advise you on the best course of action to take. If filing a claim is appropriate, your personal injury lawyer will make sure you file a claim on time.
You have two years from the date of your injury to file your personal injury claim. But you should not wait long to speak to a personal injury lawyer. Preparing a personal injury claim involves:
All of these steps take time. It is important to have a lawyer on your side from the beginning of your case to be sure your personal injury claim is handled properly and filed on time.
The value of a personal injury claim is different for every plaintiff. Each case depends on a variety of factors, including, but not limited to:
- Your ability to prove fault;
- The nature and extent of your injuries;
- Whether you settle your case or go to trial;
- Whether you have an attorney represent you or pursue the case yourself.
Having a lawyer represent you at every step of the process will be a great advantage, especially when negotiating with insurance companies. Without a lawyer, insurance companies will attempt to bully you into a settlement in an effort to save money.
When you contact a personal injury lawyer, you will have a free initial consultation to discuss your case. Your lawyer will determine who was at fault and what evidence will be needed to prove it. Your attorney also will review your medical records and evaluate your injuries to determine a proper financial reward that will fully compensate you for your damages.
Your lawyer will file a claim with the other party’s insurance company and demand full and fair compensation. The insurance company likely will either deny liability or will lowball a settlement offer. Your lawyer will continue to fight for a fair settlement. Insurance companies do not like to negotiate with lawyers or go to trial, so they will be more likely to agree on a fair settlement if you are represented by an experienced personal injury lawyer who is not afraid to stand up to bullies.
If the insurance company refuses to settle or only offers an award that is too low, your attorney will file a personal injury lawsuit with the court and will prepare to take your case to trial. Because having a trial will cost the insurance companies money, they likely will be more reasonable and settle your case, which is why only five percent of personal injury cases go to trial.
Once filed, there is no set time by which personal injury claims must settle or go to trial. A case that settles quickly could take as little as two or three months. A complicated case that goes to trial could take several years. Having a lawyer represent you is the best way to keep your case on the fast track so that you get paid as soon as possible.
Doctors know how to cure illnesses. Builders know how to construct houses. And personal injury lawyers know how to win personal injury cases. Winning a personal injury case requires specialized knowledge and skills, including:
- Knowledge of tort law;
- The relevance of evidence;
- How to interview witnesses;
- How to value injuries;
- How to negotiate with insurance companies;
- How to navigate the court system;
- How to prepare for trial;
- Knowing what documents to file; and
- How to present a case to a judge or jury.
Attempting any one of these critical steps in a personal injury case without a lawyer can jeopardize your chance to receive the compensation you deserve.
If you have been injured in an accident, you don’t have to handle your case alone. Contact the experienced personal injury lawyers at Moseley Collins Law. We will help you through every step of your case until you receive the maximum compensation you deserve.