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Personal Injury Attorneys in California Fighting For the Rights of Injured Clients
Accidents are a normal part of life. Unfortunately, a good percentage of accidents and injuries may have been avoidable if it hadn’t been for another party’s negligent or reckless actions. A drunk driver, a property owner who refuses to maintain their premises, or a company selling a defective product can all be examples of defendants in a personal injury case in which someone has sustained losses and injuries as a result of the negligent actions of these individuals or corporations. The attorneys at Nadrich Accident Injury Lawyers represent injured clients in a variety of cases across California, and we are here to help you protect your rights as a victim.
What Do You Need to Prove in a Personal Injury Case?
Personal injury cases are based on negligence, meaning it is up to the plaintiff to prove that the defendant’s negligence was the cause of their damages. The four basic elements of negligence are duty, breach, causation, and damages.
Duty refers to the legal obligation that the defendant owes to the plaintiff to exercise reasonable care. A breach occurs when the defendant fails to fulfill that duty. Causation establishes a link between the defendant’s breach of duty and the plaintiff’s injuries. Finally, damages refer to the harm or losses suffered by the plaintiff as a result of the defendant’s negligence. In order to prove that all four elements apply to your case, our attorneys can assist you with recovering evidence and building a strong argument to support your case.
How Can I Get Compensation for an Injury Caused by Someone Else’s Negligence?
There are a few different options to recover compensation for a personal injury, depending on the type of injury and the parties involved. Many personal injury claims can be resolved by filing an insurance claim against the at-fault party’s insurance company. This is common in cases such as motor vehicle accidents and premises liability claims. In some instances, an insurance claim may be unfairly denied. This is when the help of an attorney may be crucial to help you secure a fair settlement for your case.
If no insurance coverage is available or the amount offered by the insurance company is inadequate to cover your damages, the next option may be to file a personal injury lawsuit in court. In general, a personal injury lawsuit takes longer than an insurance claim but can potentially yield higher settlement amounts. However, each case is unique, so be sure to discuss your options with an attorney in order to determine the best course of action for your case.
Is Going to Court the Only Way to Settle a Personal Injury Case?
Each personal injury case is unique and requires an individualized approach, which means doing what is needed to resolve the case in the most favorable and efficient manner possible without sacrificing the rights and interests of the client. While it is true that going to court is not the only way to settle a personal injury case, it is worth mentioning that not every case will do well in a trial; likewise, not every case can be resolved without a lengthy courtroom battle.
The reality is a good percentage of personal injury cases can be settled before reaching the trial stage, either through mediation or negotiation. At Nadrich Accident Injury Lawyers, our attorneys are dedicated to doing what is most beneficial to our clients. Sometimes, that means preparing for out-of-court negotiations directly with the defendant or the defendant’s insurance company. Other times, it means representing the client’s best interests in a courtroom trial. When you choose to bring your case to Nadrich Accident Injury Lawyers, our attorneys will work with you to determine the right approach for your case.
What Kind of Personal Injury Cases Does Nadrich Accident Injury Lawyers Handle?
The attorneys and legal team at Nadrich Accident Injury Lawyers have represented injured clients and their families in a variety of cases across the state of California. Some of the case types our firm focuses on include:
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Bicycle Accidents
- Slip & Fall
- Rideshare Accidents
- Pedestrian Accidents
- Dog Bites
- Hazardous Exposure
- California Wildfires
- Sexual Abuse
- Products Liability
We can provide legal guidance and representation for cases of any complexity. Even if you are not ready to begin a case or are simply looking for answers to your questions, contact Nadrich Accident Injury Lawyers to discuss your situation and learn more about how we can help you.
What Makes Nadrich Accident Injury Lawyers Different?
When you have been injured and are feeling overwhelmed and frustrated, you need a strong legal ally who can help you understand your options and assist you with the process of putting together a case strategy to hold the at-fault party responsible for their actions. If you have been injured, you can count on our law firm for the knowledgeable legal guidance and assertive representation you deserve to turn the page in this difficult chapter of your life and move on.
At Nadrich Accident Injury Lawyers, personal injury law is all we do. Representing the rights of the injured and helping individuals stand up against major corporations and insurance companies is what we are passionate about. Our attorneys are dedicated to building a trusting relationship with every client and delivering the best possible results for every case. Contact us today to discuss your case and see why our firm is the right choice for you.
01 What is a personal injury?
A personal injury is any harm or injury that physically occurs to an individual as a result of someone else's negligence or intentional misconduct. It is considered a type of civil action called a tort. In a tort, a plaintiff seeks financial compensation for the damage resulting from the defendant's negligence or wrongdoing. Personal injuries can range from minor accidents to severe injuries resulting in long-term complications or even death. A successful personal injury claim allows the plaintiff to "be made whole," meaning they can receive compensation for their economic losses as well as non-economic losses resulting from their accident.
02 What are the steps to file a personal injury claim in California?
In general, the first step and your priority is to seek immediate medical attention for any injuries suffered. Even if you don't believe you have been seriously injured, get examined by a medical professional as soon as possible, as many injuries may show delayed symptoms days or weeks after they occur. Contact a personal injury attorney who can guide you through the process and try to gather and preserve all relevant evidence, such as medical reports, incident reports, and witness statements. Be sure to file a police report if applicable, and retain a copy of the report to use as evidence for your claim. Document all financial losses, including medical expenses, lost wages, and property damage, and file an insurance claim or personal injury lawsuit as soon as possible with the help of your attorney.
03 Do I need a lawyer to file a personal injury claim in California?
While it is possible to file a personal injury claim without a lawyer, it is generally recommended to seek legal representation. A personal injury attorney can provide valuable guidance, expertise, and representation throughout the legal process, helping you maximize your compensation. You may find that insurance companies may take you more seriously and be more inclined to cooperate with the process of resolving your claim and offering you a fair settlement simply by having an attorney representing you as they know you are working with someone who can take them to the courtroom if necessary.
04 What is the statute of limitations for filing a personal injury claim in California?
A statute of limitations is a legal time limit for a person to file a lawsuit. In the context of personal injury claims, it means that there is a specific period after the incident during which you can file a claim. If the claim is filed after the expiration of the statute of limitations, it is likely to be dismissed by the court, and you won't be able to recover any compensation. In California, the deadline for filing a personal injury claim is two years from the date of the accident or injury. However, there may be exceptions to this rule, so it is important to consult with a personal injury attorney to determine the exact deadline that applies to your case.
05 What factors determine the compensation in a personal injury claim in California?
The compensation in a personal injury claim in California is typically calculated based on several factors, including the nature and extent of the injuries and financial damages suffered. That may include losses such as medical expenses and the cost of medical treatment required, any lost wages or income, the long-term impact on the injured person's life, including loss of future earning capacity, the pain and suffering endured by the victim due to the accident and during the recovery process, and any other financial or subjective losses or damages resulting from the accident.
06 What are some common defenses raised by insurance companies in a personal injury claim?
Insurance companies may raise various defenses in personal injury claims, including claiming that the injured party may have contributed to the accident and their own injuries or that the injured party knowingly and voluntarily put themselves in harm's way. They may also allege that the claim was filed after the expiration of the statute of limitations or that the claim cannot be accepted due to a lack of evidence to support it. An attorney can assist you in the process of building a strong argument in your favor and pushing back against the insurance company.
07 Can I file a lawsuit against a government agency in California?
It is possible to file a lawsuit against a government agency in California if you were injured in an incident caused by the negligence of a government employee or agency, including an accident that took place on government property. However, the procedures and requirements for filing a lawsuit against a government agency may be different from those for private individuals and businesses – claims against the government may have a shorter statute of limitations and require additional steps, such as filing a letter of intent. Each government agency may have different requirements and deadlines for personal injury claims, so be sure to consult a California personal injury lawyer as soon as possible regarding your case.
08 Can I file a personal injury claim if I was partially at fault for the accident?
In California, it is possible to file a personal injury claim even if you were partially at fault for the accident. California follows the pure comparative negligence rule, meaning that you may still be able to recover compensation even if you are partially at fault for your accident. There is no 50% or 51% bar to recovery, so you can still seek fair compensation even if you are 99% at fault. However, the compensation you may be entitled to may be reduced based on your percentage of fault. It is important to consult with a personal injury law firm to determine your legal options and the potential impact on your claim.