Few people in Oakland, California, anticipate that they will ever need the help of a personal injury and accident attorney. But more of us in California might consider the chance of an accident if we look at the many hazards that can befall us at any time:
- Car and truck accidents
- Medical malpractice
- Defective products
- Unleashed and dangerous dogs
- Broken steps and unsafe premises
- Physical assault.
The many hazards and negligent behavior in daily California life are reflected in the fact that there were 141.4 million ER visits in 2014. Not every one of these was due to negligent or reckless behavior of another party. But many very serious and fatal injuries in Oakland happen each year due to negligent conduct by businesses, individuals and government organizations.
Fortunately, the personal injury laws of California establish a framework civil liability for deaths and injuries caused by the negligence of another person or entity.
Financial responsibility can be enforced if there is a valid legal claim to hold the defendant responsible for your economic and/or non-economic losses resulting from the accident. Usually, liability is established through proving negligence, which is the failure of a party to exercise ‘reasonable care’ to prevent harm.
Most of the personal injury lawsuits we are familiar with at Neale & Fhima are due to accidents. However, it also is possible under California law to obtain compensation for intentional injuries, such as from sexual assault or a fight.
Proving a Personal Injury Claim in California
A plaintiff is required under state law to prove to the judge or jury that the alleged conduct caused him physical, emotional and/or financial injury. No matter if you were hit by a drunk driver, fell on a slick floor in a restaurant or were injured by a defective product, you may be entitled to some or all of the following damages:
- Medical costs
- Lost income
- Physical and mental pain and suffering
- Reduced ability to earn a living
- Loss of support and/or companionship of a loved one.
The amount of damages you are entitled to in a personal injury case will vary on the case specifics and the severity of injuries. But the experienced Oakland personal injury attorneys at Neale & Fhima can evaluate your claim at no cost to you.
How to Increase Odds of a Valid Legal Claim
Whether you fell, were hit by a truck or were hurt by a negligent medical professional during a surgery, you will probably be overcome at times with pain, distress and anxiety. These factors can cloud your judgment and actions. That is why we offer the following tips on how to proceed after an injury-causing accident. Remember: The best option after an accident with injuries is to talk to a qualified California personal injury lawyer:
- Get safe: Many do not realize that very serious injuries often occur immediately after a car accident, when occupants of the crashed vehicles get out and are struck by other vehicles. It is important after an accident of any kind for you and others to get to a safe place, away from traffic, to avoid worse and even fatal injuries.
- See a medical professional: You may not realize immediately after an accident that you are injured. The rush of adrenaline can mask pain for hours. So see a medical professional as soon as possible after the incident.
- Gather evidence: In a vehicle accident, get as much information as possible about the other drivers, witnesses and the accident scene. Take pictures of all injuries, damages, the position of vehicles, etc.
- Get the police report: An accident or police report should be generated after the incident occurs. Get a copy of this document if one is not provided to you at the accident scene. This report often will state who the law enforcement official thinks caused the accident.
- Watch your words: Do not ever admit fault after an accident. This could cost you big when it is time to file a claim or lawsuit.
- Talk to an attorney: The sooner you speak to a skilled attorney, the better your chances for a successful settlement or verdict.
To restate: No matter the type of personal injury case or accident, your odds of compensation rise by talking to an attorney right away. One reason: California is a pure comparative negligence state. This means that the amount of financial compensation you may obtain can be reduced by your percentage of fault in the accident. The more you talk without consulting an attorney after the accident, the more likely it is that you will say something that costs you money later.
Have You Been in an Oakland Accident? Talk to Neale & Fhima Today at No Charge
If you or your loved one has been hurt in a serious accident, you should have a law firm in your corner willing to fight it out for your legal rights. Our Oakland personal injury attorneys at Neale & Fhima will not waver before we receive a fair settlement or verdict for your accident injuries.
Whether you were in a car accident, truck accident, motorcycle accident or any other type of accident, we can help you. Our law firm boasts a 99% success rate. Please request your free consultation today by contacting Neale & Fhima at 949-661-1007, or kindly complete our online consultation form.