Ceres Car Accident and Personal Injury Lawyer
A personal injury is defined as the emotional, mental, or physical harm resulting from the negligence of another party or entity. Our law office represents clients for serious personal injury cases such as:
- Car Accidents
- Bicycle Collisions
- Medical Malpractice
- Motorcycle Crashes
- Pedestrian Accidents
- Premises Liability
- Products Liability
- Trucking Collisions
- Workers’ Compensation
- Wrongful Death
Bringing a successful personal injury case usually requires proving four elements of negligence. These include:
- Duty of Care: The at-fault party owed a duty of care to the injured person
- Breach of Duty: The responsible party violated or breached that duty of care
- Causation: The negligent person’s actions directly caused bodily injury to the other party
- Damages: The injured party suffered measurable losses due to the negligent person’s actions
As you can see, a personal injury lawsuit is not always easy to litigate. It requires the production of specific evidence to persuade a jury and judge that you should be compensated for your damages. This is why you should contact a skilled Ceres auto accident attorney as soon as possible. An attorney is there to guide you through this challenging time to obtain the compensation you need.Types of Compensation in a Personal Injury Claim
Compensation from a personal injury case is intended to make an injured person whole again. Two types of damages may be recovered through these cases, economic and noneconomic. These include:
- Disfigurement: A disfigurement is a physical, permanent change to a person’s appearance. Common types include amputations, burns, and scarring. Placing a value on a disfigurement varies upon specific factors. These include a person's age, gender, and employment. It also includes the type and location of the disfigurement and how it affects a person's self-esteem. The cosmetic surgeries needed to fix the appearance of the scarring or disfigurement will also be considered in the settlement.
- Medical Expenses: All reasonable and necessary expenses incurred for medical care related to an accident can be claimed. This includes reimbursement for medical treatment received and the estimated cost of future medical care related to the injury.
- Loss of Consortium: An uninjured spouse may seek damages for loss of consortium. This compensates the claimant spouse for the loss of affection, love, society, companionship, and services such as childcare and household chores. The injured spouse’s inability to conceive a child may also be considered for compensation.
- Loss of Earning Potential: A permanent injury or disability can cause a significant reduction in earning capacity. Determining lost earning potential usually involves calculations and evidence such as expert testimony. A Ceres personal injury attorney can hire economists and other expert witnesses to help substantiate your claim.
- Lost Wages: The time missed from work to recover from an injury and attend medical appointments may be claimed. Evidence must be consistent and complete with the treatment received by medical providers to prove the inability to work.
- Pain and Suffering: This takes into account the mental anguish and emotional suffering caused by an injury. These include fear, anxiety, or post-traumatic stress disorder (PTSD). The amount of compensation awarded for pain and suffering is subjective. It is calculated on the severity of the injury and how it has impacted the person’s life and employment opportunities.
- Property Damage: An injured person may be compensated for damage to his or her personal property due to the car crash. If repairs are not feasible, then the injured person may be reimbursed for the fair market value of the property lost.
- Wrongful Death: Financial restitution from a wrongful death claim can help cover several expenses. Costs related to a loved one’s death like end-of-life medical care, funeral arrangements, and burial services are recoverable. The loss of household services, wages, and future income provided by the decedent may be recovered as well. Intangible harms such as mental suffering and emotional anguish may also be claimed for compensation.
Punitive damages are rarely considered in a personal injury case. They are not intended to compensate an injured person for their losses. Instead, the purpose of punitive damages is to punish a person for their reckless or egregious conduct. For instance, a hit and run or driving under the influence could constitute negligence for a motor vehicle accident. A judge or jury could potentially award punitive damages under these circumstances.Is There a Time Limit on Personal Injury Cases?
There is a specific amount of time for which a personal injury claim must be filed. This is referred to as the statute of limitations. Under California Code of Civil Procedure Section 335.1, there is a two-year window to bring a case. When government entity negligence is involved, an injured person has six months or 180 days to file a lawsuit. This is by California Government Code Section 911.2. If the specific deadline is not met, the injured person will lose the right to pursue compensation.What If I Can’t Afford a Lawyer?
Many people who have been injured in an accident avoid seeking legal assistance because they believe they cannot afford it. However, legal services do not always come at a high price. Most personal injury attorneys in Ceres handle cases on a contingency fee basis. This means there is no upfronts cost in hiring an attorney with years of experience for your claim. A client is only required to pay attorneys’ fees if and when there is a favorable result.Should I Hire a Ceres Car Accident Lawyer?
People face many challenges after they have suffered serious injuries in an accident. Substantial medical care and time away from work are necessary for the recovery process. This can cause financial hardship for not only the injured person but for their family as well. An injury lawyer does not want someone who is injured to worry about finances when they should be focusing on healing. An injury attorney can provide peace of mind by obtaining a fair settlement on the injured person’s behalf. To learn what to look for in a lawyer, watch the below video.Ceres, California FAQ
What are the most dangerous intersections in Ceres, CA?
When you are driving in Ceres, you are obligated to use caution and follow traffic laws. However, too many motorists make unsafe or illegal driving decisions. This can put others in harm’s way when drivers speed or fail to yield the right of way. Some of the intersections where auto accidents occur most frequently include:
- Central Avenue and Pine Street
- Don Pedro Road and Blaker Road
- Fowler Road and Mitchell Road
- Harold Street and Pine Street
- Herndon Road and Hatch Road
- Mitchell Road and Alphonse Drive
- Moffett Road and Whitmore Avenue
- Morgan Road and Whitmore Avenue
- State Route 99 and Hatch Road
- Whitmore Avenue and 5th Street
Can you recommend a good chiropractor in Ceres?
The following chiropractic clinic has excellent reviews on Yelp:
Ceres Chiropractic Center
2450 East Whitmore Avenue
Ceres, CA 95307
Do you have any suggestions for a good auto repair shop in Ceres?
The car repair shop listed below have great Yelp reviews:
1321 Rockefeller Drive Suite A2
Ceres, CA 95307
I’m Ed Smith, a Ceres car accident lawyer. A catastrophic accident can devastate the lives of injured people and their families. If you or a loved one has been injured in an accident through no fault of your own, please call me at (209) 227-1931 or toll-free at (800) 404-5400 to receive my free, friendly case advice.
Editor’s Note: This page has been updated for accuracy and relevancy [cha 8.14.20]
Image Credit: By "12019" and "Free-Photos" via Pixabay
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