Sacramento Personal Injury Lawyer
If you suffered an injury in an accident caused by someone else’s negligence, you may have a lot of questions about the claims process.
At the personal injury law firm of Moseley Collins in Sacramento, we have over 40 years of experience helping personal injury litigation victims recover rightful compensation.
Read some of the questions we hear most often below. For personalized answers from our legal team, contact our office today for a free case review.A Personal Injury Accident
A personal injury accident is a complicated situation. Very rarely is the case so simple and straightforward that 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 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, law firm, 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 non economic damages.
Punitive damages are extra monies paid as a fine intended to punish the responsible or negligent party for some wrongdoing 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 monetary 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 client's 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 that 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 serious injury, medical expenses and 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.
Moseley Collins personal injury firm 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 in car accidents 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.Frequently Asked Questions How Do I Know if I Should File a Personal Injury Claim?
You may be entitled to compensation if you suffered harm due to another party’s unreasonable behavior. An experienced personal injury lawyer can evaluate your case details and advise if moving forward with a claim is appropriate.
We handle this initial case assessment at no charge, and point you toward helpful resources even if we cannot take your case.What is the Deadline to Take Legal Action in California?
Under the state’s statute of limitations for personal injury claims, you typically have two years from the accident date to start legal proceedings. But waiting that long can destroy otherwise strong cases. Building maximum strength requires prompt:
- Interviewing witnesses before memories fade
- Inspecting equipment while still intact
- Photographing conditions at accident scenes
- Gathering medical records
- Consulting experts to recreate events
- Researching insurance policies
We immediately start gathering time-sensitive evidence. Attempting this alone often leads families to miss deadlines, sacrificing rightful compensation. Let us manage legal complexities so you can fully focus on healing.What Factors Determine the Value of My Injury Claim?
Every personal injury case is unique, so value varies drastically based on specifics like:
- Ability to prove fault
- Extent of damages
- If a settlement is reached vs. going to court
- Legal representation vs. self-representation
With over 40 years experience securing record-setting claim values for clients, our attorneys maximize recoveries.What are the Main Steps in the Injury Claim Process?
The basic personal injury claim process involves:Free initial consultation:
We sit down to thoroughly discuss how the accident happened, the extent of resulting damages, and how to proceed.Evidence gathering:
We quickly collect all documentation needed to establish direct negligence and fault by the other parties involved.Record compilation:
We gather all medical reports, images, treatment costs and other records to quantify physical injuries and financial losses.Demand letters:
We formally contact insurance companies demanding they provide fair compensation to the injured victim to cover costs, losses and suffering.Settlement negotiations:
We relentlessly advocate to negotiate the highest possible settlement offer from insurers.Litigation if needed:
If responsible parties refuse reasonable settlement talks we file a lawsuit to take the case before a judge and jury seeking maximum damages.How Do I Know if I Should File a Personal Injury Claim?
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.How Long Can I Wait Before I File a Personal Injury Claim?
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:
- Evaluating the case;
- Obtaining evidence;
- Interviewing witnesses;
- Obtaining police reports;
- Reviewing medical records;
- Negotiating with insurance companies; and possibly
- Preparing for a trial.
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.What Will My Personal Injury Claim Be Worth?
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 legal 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.How Long Do Injury Claims Take to Resolve?
There is no fixed timeframe. Simple claims with clear liability may conclude in months. Extensive cases involving investigations, legal debates and preparation for potential court battles can go on for years. Throughout any case, we update clients regularly so you know what to expect each step of the way.Why Hire a Personal Injury Attorney?
Pursuing financial recovery after an accident injury is extremely challenging without legal expertise including:
- Injury laws
- Court system navigation
- Evidence rules
- Witness interviews
- Settlement negotiations
- Trial preparation
- Presenting persuasively before judges and juries
With so much at stake, protect yourself and loved ones by hiring our dedicated legal team. Let our proven experience work hard for you.What Will Happen in my Personal Injury Case?
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 and skilled personal injury lawyer who is not afraid to stand up to bullies.
If the defendant's 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.How Long Will It Take to Settle My Personal Injury Claim?
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.Why Should You Should Hire Our Sacramento Personal Injury Lawyers
Pursuing fair financial recovery following a serious accident injury presents extremely complex legal challenges without guidance from a legal professional intimately familiar with processes including:
- Specialized personal injury attorneys, laws and prior landmark verdicts
- Local court system inner workings
- Admissible evidence and documentation
- Credibility of potential witnesses
- Insurance claims adjuster negotiation tactics
- -Meticulous trial preparation and compelling arguments
- What information to include in key filings
- Presenting persuasive testimony and evidence before judges and juries
- Far too much is at stake – medically, financially, and emotionally.
- Protect yourself and your family by hiring our dedicated personal injury legal team to handle matters appropriately.
Let our proven 40+ years of courtroom and settlement experience work hard fighting for you while you focus on healing and recovering.What Types of Situations Lead to Injury Claims?
You may have a valid injury claim if someone else’s intentional behavior or carelessness directly caused you physical, emotional or financial harm. Some examples include:Vehicle collisions
Common car, motorcycle, and truck crash injuries include broken bones, traumatic brain damage, internal bleeding, and paralysis.Premises liability
Property owners can be liable if dangerous conditions exist that lead to slips, trips, and falls resulting in fractures, head trauma, and other harm. Homeowners' insurance may cover serious injuries to guests.Defective product accidents
When unsafe consumer goods malfunction causing lacerations, burns, blindness or other damage, the manufacturers, distributors, and sellers can be held responsible.Medical malpractice
Doctors, nurses, dentists, and other practitioners who cause illnesses or wounds through negligent treatment, misdiagnoses, or medication errors face liability.Vicious animal attacks
Pet owners are usually responsible when uncontrolled, aggressive dogs brutally bite, maul, or kill people. Children are common victims.Nursing home abuse
Caretakers who neglect elderly and vulnerable residents resulting in bedsores, infections, broken bones or other afflictions often must pay.
An initial consultation with our injury lawyers will determine if compensation pursuit seems viable regarding your specific car accident situation.Call Our Sacramento Personal Injury Lawyers Today
The personal injury lawyers at Moseley Collins offer complimentary, completely confidential initial consultations to examine injury claims stemming from all types of auto accidents and determine wise next steps.
Contact our law office today to schedule your free meeting with an experienced legal professional who treats all clients like a cherished family.
Reach out now by calling (916) 444-4444 to take the first step toward the justice and financial compensation you rightfully deserve.