Injured in an Accident in California?
Call a Santa Clara Personal Injury Attorney for a Free Case ReviewA personal injury will change your life. The accident may have only taken a few moments to occur; yet you will experience changes – physically, mentally, and financially. The effects of an injury may even last for the rest of your life. You may have to change how you live, how you work and how you interact socially. Due to the significant impact that any accident can have on your life, the law entitles you to receive compensation for your personal injuries and losses when they result from the negligent or intentional actions of others. This compensation cannot undo the pain of an injury, but it can help you cope with the economic burdens the injury can impose. When searching for the best personal injury attorney, it is important to find someone who has experience with California personal injury law and offers a free initial consultation. The attorneys at the Law Offices of Braid Pezzaglia represent personal injury victims throughout Santa Clara County and all of California. A personal injury attorney from our team can meet with you, free of charge, to discuss your situation. Then, if we accept your case, we will aggressively represent your interests and seek full compensation for all your losses.
Do I Need a Personal Injury Lawyer to File a Claim?After an accident, your first step is generally to file an insurance claim with the at-fault party’s provider. Car insurance covers vehicle accidents, while homeowners or renters insurance applies to accidents that happen on the insured’s property. Physicians and medical workers are generally covered by medical malpractice insurance or the hospital’s liability insurance policy. Regardless of the type of accident, some sort of insurance generally applies. In theory, this system should benefit you, the victim – the insurance company should pay for your injury-related damages. However, insurance companies are private businesses; their only concern is their bottom line. Thus, insurance adjusters want to settle personal injury claims for as little as possible and push the responsibilities of the injury off onto the victim. This is a sad truth that many people discover too late. So, while it is possible to file a personal injury claim alone, you have a better chance of success if you work with a lawyer. In the end, insurance companies must comply with the terms of their policies and with the law. A qualified personal injury attorney can enforce your rights and work to ensure that the insurance company honors its agreement with its policyholder. If the adjuster refuses to make a fair settlement offer, then an attorney can assist you in filing a personal injury lawsuit instead.
When Can I File a Personal Injury Lawsuit?Virtually any kind of injury, whether physical or financial, may be grounds for a personal injury claim if it results from the negligence of another party. Common types of personal injury claims include:
- Catastrophic injury claims. A catastrophic injury causes such severe and permanent damage that it affects the rest of your life. Traumatic brain injuries, spinal cord injuries and severe burns may be grounds for a catastrophic personal injury lawsuit.
- Product liability claims. Manufacturers are legally responsible for ensuring that their products are safe for their intended use. Unlike other types of claims, you may be able to file a product defect claim according to the doctrine of strict liability, which does not require you to demonstrate negligence. Commonly defective products include vehicles, machinery, fireworks and even food that causes food poisoning.
- Motor vehicle accident claims. The most common type of accident may be a vehicle collision. However, getting a successful settlement from a car accident claim can still be difficult without the assistance of a personal injury attorney. Our law firm handles claims involving cars as well as trucking wrecks, motorcycle crashes and pedestrian accidents.
- Premises liability claims. If you are hurt in an accident due to hazardous conditions on someone else’s property, then the property owner may be liable for your injuries and damages.
- Work injury claims. After a workplace accident, you may be able to recover through workers compensation. However, in some cases, you may have the option of filing a third party claim as well.
- Wrongful death claims. If someone else’s negligence caused your loved one’s death, then you may be able to file a claim for your losses.
What Personal Injury Damages Can I Recover?Every case is unique; you may be eligible for different types of compensation, depending on the circumstances. The damages you may receive generally depend on your injury, the type of accident that occurred and your overall losses. In most cases, the following types of compensation are included in any offer from the insurance company:
- Current and future medical costs associated with the injury
- Lost wages, both current and future, as a result of the accident
- Loss of current and future benefit contributions as a result of the accident
- Loss of enjoyment of life
- Cost of services that you can no longer perform
- Loss of consortium
- Pain and suffering, usually in cases involving catastrophic or disabling injuries
- Losses associated with personal items (such as vehicle damage)