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Common Legal Questions After A Injury Accident In Sacramento

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Common Legal Questions
By Ashley Amerio

Most people think that accidents only happen to other people. But the truth is, anyone can be involved in an accident anytime. Accidents sometimes happen even if you are careful and take all the necessary precautions. And when they do, it can be a very stressful and overwhelming experience. If you or someone you love has been involved in an accident, you may have questions about what to do next and how to deal with the insurance companies. But you are not alone. Many resources are available to help accident victims, and their families navigate this difficult time.

The Law Offices of Ashley Injury Lawyers is a personal injury law firm based in Sacramento, California. We are dedicated to helping people injured by others’ negligence get the compensation they deserve. Our attorneys will work hard to help you recover damages from those responsible for your injuries. Suppose you’ve been involved in an auto, motorcycle, slip-and-fall, dog bite, defective vehicles, nursing home abuse, or any other personal injury case. In that case, we can help you seek justice. Call Ashley Injury Lawyers at (916) 419-1111 for a free consultation.

If you’ve been in an accident, you probably have many questions. Here are some answers to common questions we hear from clients.

Do I Have a Case?

You can do many things to improve your chances of winning a personal injury claim. One thing you cannot do is try to win a personal injury claim without having a complete case file. Before considering filing a suit, you must have everything you need to prove your case. If you don’t have what you need, you might lose your chance to collect compensation. Here are some tips to help you build a vital case file.

Collect All Evidence

You’ll want to gather every piece of evidence possible. This includes medical records, police reports, witness statements, photographs, video footage, and anything else that proves your injuries occurred because of someone else’s negligence. Make sure you keep copies of everything you collect.

Document Your Injuries

Take photos of your injuries immediately following the accident. Keep those pictures handy. Also, take notes during your treatment. Write down the name of each doctor, nurse, technician, or hospital employee who treated you. Don’t forget to write down the date and time of your visits.

Get Medical Records

Obtaining a copy of your medical records is essential if you’re hurt in an auto accident. These documents include X-rays, MRIs, CAT scans, blood tests, and lab work. They show how severe your injuries are.

Having a Case for Compensation

If you have been injured due to someone else’s negligence, you might feel like you don’t deserve to be compensated for your injuries. However, it doesn’t matter how much money you make or what job you do; everyone deserves fair treatment under the law. Suppose you have been hurt because of someone else’s carelessness. In that case, you should speak with an experienced personal injury lawyer who knows how to help you recover monetary compensation for medical bills, lost wages, pain, and suffering, and even punitive damages.

The types of cases that qualify for compensation include:

• Automobile accidents

• Trucking accidents

• Medical malpractice

• Product Liability

• Dog bites

Understanding Your Case

A car accident can happen anywhere, anytime, to anyone. If you are involved in an auto accident, it is crucial to understand what happens next. You might think you are done once you file a claim against the insurance carrier. But it doesn’t end there. Many things could happen after filing a claim, such as:

• Negotiation

• Settlement

• Trial

• Arbitration

• Court decision

• Appeal

Do I Need a Lawyer?

A personal injury lawyer will help guide you through the process of recovering damages after a car accident. They will investigate the facts of the accident to determine fault. They will seek the maximum amount allowable under the law. They will work with experts to help you choose the size of the financial impact of a car accident on your life. They will communicate with insurance companies on your behalf and negotiate settlements with them. If necessary, they will take your case to court and allow a judge and jury to decide the value of your damages.

Why Hire an Injury Attorney?

An injury lawyer helps injured people like you because they know how important it is to protect your legal rights. They understand what happens while filing a claim and how much money you deserve. You’ll receive the best representation possible if you hire an injury lawyer. You won’t have to deal with insurance companies alone; your lawyer will care for everything.

In addition to representing clients in personal injury cases, an injury lawyer works closely with medical professionals to ensure that patients receive prompt treatment. Injured people often wait weeks or months to see doctors, and many never seek help. When someone suffers an accident, they must receive immediate medical attention. A lawyer can assist you in obtaining proper treatment and compensation for your injuries.

A good injury lawyer will always do whatever it takes to win your case. This includes taking depositions from witnesses and gathering evidence. Your lawyer will conduct thorough research into your case and consult with experts in different fields. Finally, your lawyer will negotiate with opposing counsel to reach a fair settlement.

If you’ve been hurt due to another person’s negligence, contact an experienced injury lawyer today.

What Can Ashley Injury Lawyers Do for Me?

Personal Injury Lawyers are often called to help injured people recover damages after an accident or other injury. Insurance companies often try to avoid paying claims if they think there’s a good chance of pressuring you to settle. We work hard to ensure that our clients receive their maximum compensation.

How Much Will it Cost?

Experienced lawyers can help protect your rights and recover more money. Our fees are reasonable, and we offer free consultations. Our office is conveniently located in Roseville near downtown Sacramento, California.

Zero Fees for a Legal Consultation

When hiring a lawyer, most people fear the price tag and feel they don’t know enough about legal issues to hire one. But most personal injury lawyers do not charge fees upfront. Instead, they work on a contingency basis, meaning they won’t collect anything unless you win your case. This allows you to afford representation without worrying about paying for it upfront.

Most attorneys offer free initial consultations where they’ll discuss your options and explain what you’re entitled to under the law. If you decide to go ahead with a consultation, ensure you understand precisely what you’re getting into.

Zero Fees Unless We Get You Money

Personal injury cases are often complicated and require specialized expertise. Because of this complexity, many believe that contingency fees mean that attorneys take advantage of their clients and charge exorbitant amounts without providing value. In reality, contingency fees do not allow us to charge anything until we win your case. If we lose your case, we don’t collect a dime.

Contingency fees are standard in personal injury law because it allows us to provide our client with free legal advice and representation while protecting our firm against potential losses. Contingency fees also help ensure that no one gets hurt financially during litigation.

A contingency fee case is better than hourly billing because it puts risk upon the lawyer instead of the client. If the lawyer fails to win the case, there won’t be anything coming out of the client’s pocket. In contrast, hourly billing puts risk upon the client because if the attorney doesn’t win the case, the client still must pay their fees.

Hourly billing works differently. An hourly rate is set up where the lawyer charges a certain number of hours each month. Then, the lawyer bills the client for every hour worked.

What’s My Case Worth?

Many factors can affect how much money you receive from a personal injury case, whether you settle with the insurance company or continue through the legal process. Every accident is unique, so the value of your lawsuit will be determined by various factors. Here is an overview of how we determine the worth of your case.

Details of your accident

The severity of your injuries affects the amount of money you may receive. The more serious your injuries, the higher your recovery could be. For example, suppose you were involved in a car accident and suffered multiple fractures. In that case, you may have a greater chance of recovering compensation for medical expenses, lost wages, pain and suffering, and other damages.

Extent Of Your Injuries

How long you need to recover depends on the extent of your injuries. Your doctor can tell you how long it takes to heal after an injury. Your medical bills would factor into your settlement if you received medical care due to your accident.

A personal injury lawyer can help you understand your rights, responsibilities, and options. They can advise you about how much money you stand to receive and whether you should accept a settlement offer from the defendant.

Who Pays My Medical Bills?

MedPay is optional and typically covers costs up to $5,000 per person. You may qualify for Medicaid or Medicare coverage if you do not have health insurance.

You should always seek out medical care after an auto accident. Your doctor can help determine what injuries are severe enough to require treatment.

Health Insurance pays for medical expenses during the pendency of your claim.

Some doctors will accept payment for medical bills if you don’t have insurance.

A medical lien allows an injury victim to collect money owed to her from any settlement or judgment she receives in her lawsuit.

How Can I Protect My Rights?

If you are involved in a car accident, it is vital to seek medical attention immediately. You could sustain serious injuries, such as broken bones, internal bleeding, head trauma, spinal cord damage, brain damage, or even death. If you wait too long to seek medical care, you might lose your chance to receive compensation for your injuries.

Seek Medical Attention Immediately After An Accident

Your doctor will examine you for signs of life-threatening conditions like breathing problems, unconsciousness, bleeding, and severe pain. They will take X-rays and perform tests to diagnose your injuries.

Medical Treatment

After you receive medical attention, your physician will treat your injuries. They will prescribe medications and may recommend physical therapy to ease recovery.

Insurance Company Investigation

The insurance company will investigate your claim within 24 hours of receiving notice of the accident. A claims adjuster will contact you or your lawyer to discuss policy coverage limits and what additional benefits you are entitled to.

Ask That The Incident Be Documented

If the police arrive at the accident scene, request a report to be filed and request a copy. Documenting the details of your accident helps prove your claim. It also shows the insurance company that you did everything possible to avoid the collision.

Stay Silent

No matter what anyone tells you, if you’ve been in an accident and are injured, you have the right to speak to a lawyer before giving any recorded statement to insurance companies. We recommend that you never say anything or sign anything from an insurance company until you’ve contacted a lawyer.

Contact An Attorney

Once you’ve spoken with your doctor, contact a personal injury attorney to protect your right and ensure you receive the monetary recovery you deserve.

Personal injury cases involve injuries caused by someone else’s negligence. These include automobile accidents, slip and fall incidents, dog bites, and other accidents.

In a personal injury case, the plaintiff must prove that the defendant was responsible for causing the harm. This includes proving that the defendant breached their duty of care.

How Do You Prove My Case?

To win a personal injury case, you must show that the defendant was negligent. Negligence means that they failed to act reasonably under the circumstances. The law requires defendants to use reasonable care when they encounter risks.

Proving Negligence

You can prove negligence through direct evidence or circumstantial evidence. Direct evidence involves statements made by the defendant about how they acted. Circumstantial evidence involves facts that lead to a conclusion that the defendant was negligent without requiring them to admit wrongdoing.

Direct Evidence

You can present direct evidence of negligence through eyewitnesses who saw the defendant driving recklessly or speeding. You can also submit direct evidence of negligence by showing that the defendant violated traffic laws. For example, if the defendant ran a redlight or drove on the wrong side of the road, this is direct evidence of negligence.

Circumstantial Evidence

You can prove negligence using circumstantial evidence. If the defendant had a history of reckless driving, then it is likely that they were negligent during the accident. Similarly, if the defendant has a history of speeding, they may have been speeding during the accident.

What Is Causation?

Causation is the connection between the defendant’s actions and the harm suffered by the plaintiff. To prove causation, you must show that, but the damage would not have occurred for the defendant’s breach of duty.

Duty Owed By Defendant

If the defendant owed a duty to the plaintiff, then the defendant will be liable for any harm that results from their breach of that duty.

Breach Of Duty

Once you establish that the defendant owed you a duty, you must show that they breached that duty. A breach occurs when the defendant fails to live up to their obligations.

Negligent Acts

The defendant may have committed many acts that could constitute negligence. Examples include:

    • Failing to keep a vehicle under control
    • Driving too fast for conditions
    • Driving while distracted
    • Improperly loading cargo onto a truck
    • Failing to warn others of dangerous conditions
    • Using defective equipment
    • Failing to maintain equipment properly

How Much Time Is There To File?

Demand letters are required under California Law to file a claim against insurance companies. Negotiation is the next stage after sending a demand letter, and it is vital to know how much time you have to do both. A personal injury attorney can help you navigate through the process.

California Statute of Limitations

In California, personal injury claims must be brought within two years of the accident date. A lawsuit generally accrues when the plaintiff suffers damage. Damages include medical expenses, lost wages and pain, and suffering. In addition, wrongful death actions are subject to a two-year limitation period. This includes claims for loss of consortium, parental care, companionship, society, guidance, and protection.

The law does allow some exceptions. For example, certain types of physical injuries do not begin to accrue until the injured party knows or reasonably should know about the damage. Additionally, minors under 18 cannot bring a lawsuit until they reach the age of majority. Finally, the statute of limitations is extended during periods of infancy or minority.

How Do Statutes of Limitations Affect My Claim?

A person who neglects to file a personal injury claim before the deadline loses their opportunity to receive damages. If you don’t file a claim within the allotted time frame, your action will be dismissed, and you will lose your right to a trial. That’s why it’s crucial to contact an experienced attorney as soon as possible.

What is Compensation for “Pain and Suffering”?

When it comes to personal injury cases, many different types of damages can be awarded to victims. Some include medical expenses, lost wages, pain and suffering, and punitive damages. But what exactly does each one mean? Let’s look at some of the most common types of compensation available to injured people.

What Are Pain and Suffering?

You might also be entitled to recover money for the emotional distress caused by your injury. Pain and suffering are very subjective terms. What one person considers painful, another might consider fun. But regardless of whether you find it enjoyable, you should still be compensated for the mental anguish you endure because of your injury. Three main factors determine how much you can collect for pain and suffering: your age, mental status, and the extent of your damage.

Physical Pain and Suffering

A concussion is a brain injury that occurs when there is a sudden jarring force to the head or body. This injury can occur during motor vehicle accidents, falls, and violent assaults.

Symptoms of a concussion include headache, dizziness, nausea/vomiting, sensitivity to light and noise, trouble sleeping, irritability, mood changes, poor concentration, and loss of coordination. These symptoms usually resolve within 24 hours, although it could take up to three weeks.

How Do Pain and Suffering Differ From Other Damages?

Pain and suffering are different from other damages because they occur during the period immediately following an accident. They do not require proof of future economic loss. Instead, you can recover from the physical and emotional pain and suffering you experienced while your body was recovering from the accident.

In addition to the financial burden of paying for medical care, things like lost wages and travel expenses might be incurred. You could also be required to take time off work to recuperate. You could be entitled to additional compensation if you suffered permanent disability due to the accident.

The amount of money you can collect depends on how much pain and suffering you endured.

What If I Can’t Travel to Your Law Office?

If you were injured in an accident, you might not be able to come to our office. However, we will come to you. We understand that you may be in a hospital or rehabilitation facility or stuck at home. We want to help you get the compensation you deserve and will do whatever it takes to get started on your case.

What If I Can’t Work?

You might have been unable to return to work after being injured in an accident. It’s important to know that you’re eligible to collect money for lost income.

We’ll help you gather evidence proving you qualified for the job and earned money before the accident. We’ll also help you prove that you couldn’t perform your duties as well as you would have had you not been injured.

How Do I Recover Lost Wages?

If you lost wages due to a car accident, it might seem like you don’t deserve to recover those wages. But there are ways to make sure you do.

The first step is to talk to an experienced personal injury lawyer. They can help you determine if you have legal grounds to file a claim. If you do decide to pursue a claim, the next thing you need to do is find a way to prove your loss. This usually involves collecting evidence such as pay stubs, tax returns, bank statements, receipts, etc. You can also ask your employer for documentation showing how much money you earned before you were injured.

Once you have collected enough proof, it’s time to discuss your options with a qualified personal injury attorney. They can explain what types of claims are available to you and how much you could potentially collect. They can also advise you on how best to proceed with your claim.

Who’s Liable to Reimburse Me for Lost Wages?

A pure comparative negligence system means that even if a driver is found to be partially responsible for causing a traffic accident, they may still receive compensation. This is known as partial liability. If both parties are negligent, each could be held liable for damages caused during the crash. However, under California law, if one party is more responsible for the accident, they could be required to pay less money towards the victim’s losses.

In addition to compensating victims for medical bills, property damage, lost wages, and pain and suffering, courts often award people whose vehicles were damaged in accidents. In some cases, the court may require the at-fault party to pay for repairs, depending on how much fault the other party had in causing the crash.

Personal Injury Lawyer Sacramento

If you’ve been injured due to someone else’s negligence, it’s essential to consult with an attorney as soon as possible. You want to ensure you don’t lose out on the money you deserve for a full recovery. The experienced personal injury lawyers at Ashley Injury Lawyers will know how to represent your interests best and ensure that you receive fair compensation for your injuries. Contact us today for a free case evaluation.

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