The term “personal injury” applies to any situation in which one party’s failure to use reasonable care or intentional misconduct results in harm to another party. The victim has the right to seek accountability and compensation from the party responsible for their personal injury, and California law is relatively flexible when it comes to the compensation they can claim. However, the actual process of pursuing a personal injury claim in Elk Grove is more challenging than the average person may expect.
Compassionate Personal Injury Counsel for Elk Grove Clients
If you believe that you or a family member recently suffered an injury caused by another party’s negligence or misconduct, it is vital to know your options for recovering your losses. You could be entitled to claim more compensation than you realize at first, and the right attorney can be a tremendous asset as you seek repayment for the losses the other party inflicted. The Ward Firm can provide the legal counsel you need in this situation. As your Elk Grove personal injury attorneys, we can guide you through each step of your recovery process and help you reach optimal results.
Our firm has years of experience representing all types of civil claims on behalf of clients in Elk Grove and surrounding areas of California. We can examine the details of how your personal injury happened, help you identify all parties bearing liability for your damages, and assist you in calculating the full scope of damages you are entitled to claim under California’s personal injury statutes. The sooner you connect with our team, the more time we have to guide you through the legal challenges between you and your recovery.
Procedural Rules for Personal Injury Claims in Elk Grove
California upholds a two-year statute of limitations for personal injury claims. This means you must file your complaint with the court no later than two years after the date your injury occurred. Some factors may delay this statute of limitations or bring the discovery rule into play. If the harm done was not immediately noticeable, or if it wasn’t possible for the victim to ascertain that a specific party directly caused their injury, the statute of limitations may begin on the date of their discovery of the harm done or of the defendant’s liability.
Success with any personal injury suit in California requires proving fault, meaning you must identify the party responsible for your damages and then prove their negligence or illegal misconduct directly caused those damages. An Elk Grove personal injury attorney can accomplish this in various ways based on the details of their client’s case. Proving liability for the personal injury you recently experienced may require physical evidence, testimony from witnesses who saw your injury happen in real time, and statements from expert witnesses who can explain the more complex aspects or technical details of your case.
Working with an experienced Elk Grove personal injury attorney is the most effective method of ensuring you meet all the procedural requirements of your case. Your legal team can help you identify all claimable damages and guide you through the process of holding the defendant accountable for their actions. When you choose the Ward Firm as your legal representative, we will take time to get to know you, investigate the details of your recent injury, and assist you in identifying every avenue of recovery available to you. Our goal for every client is maximum recovery in the most efficient manner possible.
Types of Personal Injury Claims We Represent in Elk Grove
Personal injury is a broad area of civil law encompassing many types of cases. When you intend to file a personal injury suit in Elk Grove, it is vital to hire an attorney who has not only extensive personal injury experience in general but also specific experience handling cases like yours. At the Ward Firm, we have a long track record of many types of successful personal injury claims, including:
Motor vehicle accidents. Throughout California and across the United States, motor vehicle crashes continue to be a leading cause of accidental injuries and deaths each year. In California, the fault rule applies to vehicle crashes, meaning the driver responsible for causing an accident is liable for the damages they inflict on others. Recovery from a vehicle accident typically starts with a claim against the at-fault driver’s auto insurance, but if they do not have insurance or your damages eclipse their total coverage, you will need to file a personal injury claim to recover your losses.
Dog bite claims. Dogs are popular pets in California, but when they attack unexpectedly, they can cause tremendous harm. California enforces a strict liability rule for dog owners, meaning the owner is fully liable for any damages their pet causes to others, regardless of whether the dog has any known history of aggression. If you were hurt by someone else’s dog in Elk Grove, you have the right to file a civil suit as long as you did not provoke the attack and you were legally present wherever the attack occurred. The strict liability rule in California does not apply to trespassers or intruders on private property who suffer injuries from property owners’ dogs.
Premises liability claims. Every property owner in California is legally required to address known safety hazards on their property before they can harm lawful guests. If you suffered a slip and fall or similar injury due to a property owner’s negligence, you may have grounds to file a personal injury claim under California’s premises liability laws.
Catastrophic injury claims. Unfortunately, some personal injuries cause permanent damage to victims. A personal injury qualifies as catastrophic if the victim develops a permanent disability or medical condition from the defendant’s actions, resulting in a diminished quality of life, reduced ability to work, or inability to live independently. This type of personal injury claim is likely to involve extensive damages, and it is crucial for the plaintiff to have legal counsel they can trust to reach the optimal outcome.
These are only a few of the types of personal injury cases our firm handles in Elk Grove. No matter what type of personal injury you suffered, time is a crucial consideration if you want to succeed in securing the compensation you legally deserve. Connecting with an experienced Elk Grove personal injury attorney as soon as possible will help you meet the procedural deadlines of your case and increase your chances of maximizing your recovery.
Claiming Compensation for Your Personal Injury in Elk Grove
The objective of your personal injury claim is to secure compensation for the losses you suffered because of the defendant’s negligence or misconduct. The average person should be able to assess immediately recognizable damages like property damage and hospital bills, but they may be entitled to claim much more than they initially expected.
California law allows the plaintiff in a personal injury action to seek full repayment of all financial losses suffered because of the defendant’s actions:
When you have sustained physical injuries, the defendant who inflicted those injuries is liable for the cost of any and all medical care you need to fully recover. You are allowed to seek compensation for immediate medical expenses such as your hospital bills, ambulance transportation costs, and any ongoing rehabilitative care you need. For example, if you suffered a serious injury that will require multiple surgeries, physical therapy, prescriptions, and other ongoing care, the defendant is liable for all associated expenses.
If you cannot work and earn income because of your injury, the defendant who caused your injury is liable for repaying the income you could have earned if they had not injured you. This applies not only to lost wages and the value of vacation time you were forced to use but also future earning losses if your capacity to work has been negatively impacted by the defendant’s actions. An Elk Grove personal injury attorney can help you calculate how much future income you are no longer able to earn and hold the defendant accountable for these unrealized losses along with your other claimed economic damages.
If the defendant’s actions resulted in property damage, such as to your home, vehicle, or other personal property, you can hold the defendant accountable for associated repair and replacement costs. Insurance may be available to cover some of these losses depending on how your accident happened, and your Elk Grove personal injury attorney can be an invaluable asset for dealing with insurance company representatives.
When you have an experienced attorney helping you calculate your economic damages, you might discover that you have grounds to claim much more than you initially anticipated. However, you also have the right to seek compensation for non-economic damages as well.
Pain and Suffering Compensation in California Personal Injury Claims
California law allows a plaintiff in a personal injury claim to seek compensation for the physical pain, psychological distress, and emotional trauma they experienced because of a defendant’s actions. There is no limit to the amount of pain and suffering compensation a plaintiff can seek in a personal injury suit, with the exception of medical malpractice claims. When a personal injury case falls within the purview of medical malpractice law, state law limits how much pain and suffering the victim can claim regardless of the severity of their damages.
Your Elk Grove personal injury attorney can assist you in determining an appropriate amount of pain and suffering compensation to include in your claim. When a plaintiff has suffered injuries that are likely to fully heal in the near future, their attorney may be inclined to seek pain and suffering compensation that reflects the time it takes their client to fully heal. When a plaintiff has sustained life-changing catastrophic injuries that entail permanent damage, their attorney is more likely to aim for a large lump sum, calculated by multiplying the total of their client’s economic damages by a factor of one to five. Depending on the scope and severity of the harm you experienced, your pain and suffering compensation could be the bulk of your total case award.
How Your Personal Injury Attorney Empowers Your Recovery Efforts
Every personal injury claim is different, and each plaintiff will face unique obstacles as they seek compensation for their damages. Depending on how your personal injury occurred, you may need to navigate an insurance claim process before filing your civil action. This is most common for personal injuries resulting from vehicle accidents. An experienced Elk Grove personal injury attorney can negotiate with an insurance carrier on your behalf and ensure they handle your claim appropriately. Once you have resolved any insurance-related issues your case entails, you can proceed with filing your personal injury case, seeking compensation for the losses that insurance couldn’t cover.
Most personal injury cases are not resolved in the courtroom. Instead, the parties involved seek to settle the matter through private negotiation. This settlement process will only work if the defendant accepts liability for the damages in question and both parties are willing to compromise on mutually acceptable terms. A good attorney should be able to settle your case in a matter of weeks. However, if your case cannot be settled for any reason, you will need to take it to court, and the outcome of your litigation process rests entirely in the hands of the judge.
The Ward Firm has years of professional experience handling all types of personal injury cases for our clients in Elk Grove and surrounding communities. If you are concerned about the potential cost of legal fees, the Ward Firm offers contingency fee billing to our personal injury clients. This means you only pay a fee if and when we win your case, and your fee is a percentage of the total compensation you recover. This prevents your attorneys’ fees from overtaking your recovery and allows you to approach your proceedings with peace of mind.
You have a limited time in which to file your personal injury claim in Elk Grove, and the sooner you begin the process, the more likely you are to succeed with your recovery efforts. The Ward Firm is ready to provide the legal representation you need for your impending case, so contact us today and schedule your consultation with an Elk Grove personal injury attorney you can trust.
Schedule a Free Consultation
At your free initial consultation, you will meet directly with Justin, and he will explain how he can best help you with your case. If you decide to work with us, we will immediately get started on creating a strategy that protects your interests.
To get more information, call our office at 916-443-2474 or send us an email using our contact form. We are available by phone 24 hours a day. Se habla español.
The Ward Firm is open and actively assisting clients with personal injury, criminal, and employment related matters, and we do not anticipate any interruption in representation. However, please understand that all appointments will be telephonic as we observe the CDC's recommended social distancing.