Speaking with a knowledgeable attorney should be a priority if you sustain injuries in an accident. Depending on the circumstances, you may have a claim for damages from the parties who contributed to your injury.
Any person, company, or government whose negligence was a factor in your accident could be liable. Your damages could cover your pain, mental anguish, medical costs, and lost income. An Oakland personal injury lawyer can review your case and determine the best strategy for achieving a reasonable settlement.
What Events Lead to Personal Injury Claims?
Most accidents occur due to someone’s failure to use reasonable care. When a person, company, or government does not make reasonable efforts to avoid or prevent harm to others, they are negligent. Common situations that lead to personal injury claims include:
- Incidents on waterslides, at amusement parks, and at other recreational facilities
- Motor vehicle accidents
- Falls in a public place
- Fires and explosions
- Medical errors
- Drownings, near-drownings, and other swimming pool injuries
- Accidents on elevators and escalators
- Toxic exposure
Nearly any accident could form the basis of a personal injury claim if another party had some responsibility for it. However, some injuries do not require an attorney in Oakland to prove negligence.
For example, manufacturers are strictly liable when a product with a defect in its design, manufacture, or label causes an injury to a consumer. Strict liability also applies to dog owners when their animal bites someone on public property.
Time Limits Apply to Injury Claims
An injured person must file a lawsuit claiming damages within a time frame set by law. However, the specific time depends on the legal theory behind the claim. For example, if a person was a minor when they sustained an injury, several rules could apply, depending on the circumstances.
If an injured adult claims negligence caused their injury, the statute of limitations is usually two years from the date of the incident. However, if the injury or its cause is not apparent immediately, the two-year clock begins to run when the person learns about it.
If the claim is based on medical malpractice, the claimant must file a lawsuit within one year of discovering the injury or three years after the incident, whichever comes first.
Finally, state and local governments often have liability for an injury. California Government Code §945.6 requires an injured person wishing to bring a claim against the state to file a notice of claim within six months of the injury. Even shorter time limits might apply if the claim is against a local government. Seeking immediate counsel from a hardworking lawyer in Oakland can provide clarity and preserve an injured person’s rights.
Why Work With a Personal Injury Lawyer?
Sometimes people believe that working with a legal professional might extend or complicate the claims process. However, that is not the case. Instead, working with an injury attorney in Oakland will speed up the process and ensure you receive an appropriate settlement.
When a person without legal representation makes a claim for an injury, the insurance company for the responsible party often makes an extremely low offer. Although negotiations might result in a higher settlement, they might not cover all the injured person’s expenses or offer adequate compensation for their pain, suffering, inconvenience, and other losses.
When an insurance company must negotiate with a legal professional, they start low but often begin good-faith negotiations swiftly. As a result, an insurer is less likely to stonewall or use intimidation tactics with an experienced legal representative. In addition, a seasoned legal team member has a good sense of how much a case might be worth and will not back down until the injured person receives the settlement they deserve.
Pursue Your Injury Claim With an Oakland Attorney
If you suffered an injury and another party’s conduct had a role in the accident, you might have a viable claim against the other party. Our experienced and energetic Oakland personal injury lawyers can help determine who is liable and hold them accountable for the harm they caused.
There is a limited time to bring an action, so do not delay. Reach out to our diligent advocates today.