A personal injury is any harm inflicted on one party due to another party’s negligence or misconduct. Every day, many personal injuries occur in various ways in the Roseville area and throughout California. Victims of these incidents need to know their rights in terms of recovering their losses and the value of reliable legal counsel when they have options for legal recourse.
Compassionate Legal Advocacy for Roseville Personal Injury Claims
If you or a family member is struggling with damages caused by another party, you need a Roseville personal injury attorney to help you determine your best options for recovery. The Ward Firm has years of experience helping victims of personal injuries through their legal proceedings, and we are ready to leverage this experience on your behalf after any personal injury in the Roseville area.
The sooner you secure legal counsel you can trust, the more likely you are to maximize your recovery. The average person may have some grasp of the damages they can seek from the defendant responsible for their injury, but they could easily overlook claimable compensation if they attempt to handle their personal injury case on their own. They could also encounter unexpected obstacles they do not know how to address without legal counsel. Ultimately, a Roseville personal injury attorney will make every aspect of your recovery process easier to manage and more likely to generate the results you hope to see.
Proving Liability for Your Personal Injury
Before the victim of a personal injury in Roseville can secure any type of compensation for their losses, they must prove the full extent of their claimable damages and identify the party responsible for those damages. To succeed with any personal injury claim, the plaintiff must identify the defendant, prove that they breached some duty of care or committed an intentional act of harm against them, and then go on to prove the full scope of their resulting damages.
If you need legal representation for your impending personal injury case, it’s crucial to hire an attorney with experience handling cases like yours. The Ward Firm has diverse professional experience in handling a range of personal injury claims for Roseville area clients, including:
Motor vehicle accidents, which are a leading cause of personal injuries throughout the country. If any other driver’s negligence or intentional misconduct behind the wheel causes an injury, you have the right to seek accountability for your losses through a claim against the at-fault driver’s auto insurance policy. However, if their insurance cannot fully repay your damages, you will need to prepare a personal injury claim to recover the remainder of your claimable losses.
Premises liability claims. Every property owner has a legal duty of care to ensure their property is free from foreseeable safety hazards that might injure lawful guests and visitors. If you suffered an injury in a slip and fall or other accident on private property, you could have grounds for a personal injury claim against the property owner under California’s premises liability laws.
Dog attack claims. While most people are fortunate to only have positive experiences with dogs, it is possible for a dog to inflict life-threatening injuries and expensive damages without warning. The state enforces a strict liability rule for dog attacks, so the owner of the dog that harmed you is fully responsible for any and all damages the pet caused.
Catastrophic injury claims. A personal injury is “catastrophic” when it results in permanent harm to the victim. If your recent personal injury caused a disability, prevents you from returning to your job, or imposes lifelong medical complications of any kind, you need a Roseville personal injury attorney who can help you secure full repayment of all immediate and future damages resulting from the incident.
Regardless of the type of personal injury you suffered, you need legal counsel you can trust to guide you through all the stages of your recovery efforts. Your recovery could begin with an insurance claim against the at-fault party, or you may need to proceed directly with filing your personal injury action. Whatever your case entails, you can rely on the Ward Firm to provide the comprehensive legal support you need for all your recovery efforts.
Claimable Damages in a Personal Injury Case
The state’s personal injury laws aim to ensure a plaintiff can be made as “whole” as possible again through the compensation they obtain from a defendant. Once you have identified the party responsible for causing your personal injury, your Roseville personal injury attorney will help you determine the full range of damages you can include in your claim. You have the right to claim compensation for both economic and non-economic damages resulting from the incident in question.
Economic damages are more straightforward and typically proven with the right documentation. Your claimable economic losses could include the following:
Property damage. If the defendant damaged your home, vehicle, or other property, you have the right to seek repair or replacement costs with your personal injury claim.
Medical treatment costs. When you have suffered a physical injury because of a defendant’s actions, they are liable for the cost of all the medical care you require to reach maximum improvement from your injury. This includes both immediate and long-term medical expenses. Your Roseville personal injury attorney can consult your medical treatment team to ensure the defendant faces full accountability for all the medical expenses they caused you to incur.
Lost income. Many personal injuries leave victims unable to work and earn income while they recover. If this applies to your situation, the defendant is liable for the income you are unable to earn due to the injury they inflicted on you.
Lost earning capacity. When a defendant’s actions have caused a permanent disability of any kind, they are liable for the future income you are no longer able to earn. Your attorney can assist you in calculating how much you would have reasonably expected to earn if your personal injury hadn’t occurred.
Once you have an experienced Roseville personal injury attorney handling your case, you could be surprised to discover your total immediate and future economic losses are worth much more than you initially anticipated. However, your recovery does not stop there, as you still have the right to seek pain and suffering compensation.
Calculating Pain and Suffering Compensation for a Roseville Personal Injury
Under California law, there are no limits on pain and suffering compensation for a personal injury, with the sole exception of medical malpractice cases. As long as your personal injury claim falls outside the purview of medical malpractice, there is no limit on the pain and suffering compensation you may seek with your claim. However, the amount included in your complaint should reflect the severity of your condition and the scope of long-term or permanent harm you have suffered.
Attorneys use two methods to calculate pain and suffering in most personal injury claims. First is the per diem method, which sets a specific amount of compensation per day until the plaintiff reaches maximum medical improvement from their injury. This method is most appropriate for plaintiffs expected to fully recover from their injuries in the near future. The second method is the multiplier method, usually reserved for plaintiffs who face long-term or permanent damage from their personal injury. Under this method, the attorney adds up their client’s total economic losses and multiplies this amount by a factor of one to five to reflect the severity of the client’s condition.
Your pain and suffering compensation could be more than your total economic damages, especially if you suffered a serious personal injury resulting in permanent damage. However, while appropriate pain and suffering compensation could enhance your recovery significantly, it is also important to know what factors might diminish your recovery.
Comparative Fault in Personal Injury Claims
California enforces a pure comparative negligence statute. This means that when a plaintiff bears partial fault for causing their claimed damages, they lose a percentage of their final case award to reflect this shared fault. For example, if a plaintiff is found 10% at fault, they lose 10% of the damages recovered from the defendant. If they were 50% at fault, they would lose half of their case award. The state does not place a threshold of fault that would bar plaintiff recovery.
If you have any concerns about bearing partial liability for your claimed damages, you need a Roseville personal injury attorney who can help you preserve your case award and minimize any comparative fault assigned to you. Success with any personal injury claim hinges on effectively leveraging evidence and testimony, and reliable legal counsel is an invaluable asset for any personal injury plaintiff.
Roseville Personal Injury Lawyer FAQs
Q: How Long Will My Personal Injury Claim Take to Resolve?
A: The time your case will require to complete hinges on the severity of your damages and whether you suffered any long-term or permanent injuries. Your case’s timeline also depends on whether the defendant who injured you accepts liability for your damages. If they agree to settlement negotiations, a good attorney can potentially settle your claim in a matter of weeks. If settlement is not an option and your case goes to trial, this could take months to resolve.
Q: How Long Do I Have to File a Personal Injury Claim in Roseville?
A: California law places a two-year statute of limitations on personal injury cases. This means you must file your complaint against the defendant who injured you within two years of the date the injury occurred. This may seem like more than enough time, but it is best to consult a Roseville personal injury attorney after your injury to start your case as soon as possible. Swift legal action preserves the freshness of any evidence you will need to establish defendant liability and helps to preserve the reliability of witness testimony you may require for your case.
Q: How Much Is My Personal Injury Claim Worth in Roseville?
A: The exact value of your personal injury claim depends on the scope of the injuries you suffered. You can typically expect full repayment of your economic losses, but you can also claim pain and suffering compensation that could enhance your final case award substantially. For the best chance of maximizing your recovery as much as state law allows, it’s vital to consult a Roseville personal injury attorney as soon as possible.
Q: How Much Does It Cost to Hire a Roseville Personal Injury Attorney?
A: The Ward Firm handles personal injury cases on a contingency fee basis. With this billing arrangement, you are not required to pay any upfront or ongoing fees for our legal counsel, instead only parting with a percentage of your final case award as our fee. Additionally, you are only required to pay this fee if we win your case. If we cannot secure compensation for your damages, you pay nothing, so there is no financial risk to hiring the Ward Firm as your personal injury representation in Roseville.
Q: Is It Worth Filing a Personal Injury Suit in Roseville?
A: If another party has injured you in Roseville, there is no reason for you to bear the cost of their negligence or misconduct. Your case could be worth much more than you initially expected, and the right attorney is the ideal asset for unlocking the full potential of your legal recourse. When you choose the Ward Firm to handle your personal injury case, we will seek the maximum amount of compensation possible and strive to secure it on your behalf in the shortest time.
The Ward Firm has years of professional experience in personal injury law, and we provide personalized, compassionate representation to every client we represent. Regardless of what your case entails, you can expect our team to answer questions and address concerns as they arise, providing ongoing guidance through every phase of your recovery. If you are ready to learn how an experienced Roseville personal injury attorney can empower your recovery from a personal injury, contact the Ward Firm today and schedule your consultation with our team.
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.