Fair Oaks Car Accident and Personal Injury Lawyer

car accident

Ask anyone in Fair Oaks, and they will tell you it's one of California's nicest places to live. However, an injury accident can happen no matter where you live. It can leave you with high medical costs, the inability to work, and pain and suffering. When this happens, a Fair Oaks personal injury law firm can get you fair compensation to cover those expenses and reimburse you for your non-economic damages. After a serious injury, it is essential to focus on your recovery. An injury attorney will deal with the insurance carrier on your behalf.

Free Advice in a Personal Injury Claim

Those injured in a Fair Oaks car accident or personal injury can benefit from the advice of a lawyer to protect their rights. Call us at (916) 921-6400 or (800) 404-5400 for a free evaluation of your case. We have successfully handled many personal injury claims since 1982 and know how to deal with insurance companies so you get the compensation you deserve. We treat our clients like family.

What Is a Personal Injury?

A personal injury is a trauma from an accident caused by a negligent motorist or other entity. The majority of personal injuries occur because of a traffic accident but can include:

What Can Be Recovered in a Personal Injury Claim?

Both economic and non-economic damages can be recovered in a personal injury claim. Economic damages include areas with a specific value. Non-economic damages include areas where the loss has no predetermined value, such as your pain and suffering. The recovery of compensation can consist of the following and more:

  • All of your medical costs caused by the accident are recoverable. This includes the ambulance fee, physicians' bills associated with your accident injury, prescription medicines, tests, surgeries, and recuperation in a facility if ordered. If your serious injury continues into the future, those expenses will be factored into the settlement by your attorney.
  • Out-of-pocket expenses: Serious injuries often require a lengthy recovery, doctor visits, and possibly undergo further treatment and testing. 
  • Wages: Wages lost due to the inability to work can be recovered. Unpaid wages can be recovered, and tips, bonuses, and other items come with the job. The difference can be recovered if the injured party takes a job that doesn't pay as much. Self-employed can use receipts and tax returns to establish their income.
  • Future earnings loss: If the injured person is determined to be permanently disabled and unable to work in the future, that wage loss can be factored in. Medical records and expert witnesses can be used to support the claim.
  • Loss of consortium:  Damage to the marital relationship, such as the lack of emotional support and inability to conceive children in some cases and others, is recoverable.
  • Pain and suffering include the physical, emotional, and psychological trauma experienced by the injured person. Insurers use their own computer programs to calculate pain and suffering. However, it may not be sufficient, so asking for the advice of a Fair Oaks injury lawyer may be helpful.
Deciding on a Personal Injury Lawyer to Handle Your Case

Choosing the right Fair Oaks car accident and personal injury attorney to handle your case is essential, especially since it can affect the outcome of your claim. In the following video, Fair Oaks personal injury lawyer Ed Smith discusses things to look for when choosing an attorney:

Why Do I Need a Lawyer to Handle My Personal Injury?

It has been shown that those who use a lawyer to handle their case when they've suffered a personal injury end up obtaining two to three times the compensation they would receive if they handled it themselves. When you retain legal counsel, the attorney will handle all aspects of your case while you have the peace of mind of knowing it is in good hands and can concentrate on recovering without financial worry. Remember, an injury lawyer works on a contingency basis. This means that you owe nothing until your case has been won. Some of the areas which are handled by your injury lawyer include:

  • Insurer: Insurance companies are notorious for making a low initial offer because they are in business to make money. They hope the injured party will settle early because the insurance company will no longer be liable for additional expenses. By settling too early, the injured person may owe a lot for medical bills and be unable to recover their lost wages or sufficient damages for their pain and suffering. Your Fair Oaks personal injury attorney will notify the insurance company that they represent your case. It also protects your right to privacy because they will no longer contact you directly to ask for things such as access to your medical records, which they often use to deny or undervalue a claim.
  • Collecting evidence: Your lawyer will gather the evidence needed to support your claim. At-fault parties and their insurance companies seldom freely admit fault. Evidence must be collected to support your claim and prove that the other person/entity was responsible for your injuries. In an auto accident, this can include checking traffic cameras for film footage of the accident, performing forensic reconstruction, and interviewing witnesses to prove your claim.
  • Sending a demand package to the at-fault party's insurance company: Your Fair Oaks car accident lawyer prepares a demand package, requesting that they settle the claim for what the attorney has calculated to be the correct recovery of damages. Some of the items in the demand package include medical records, wage loss statements, copies of bills, and other proof of your losses. If the injury is expected to continue into the future, your lawyer will also calculate and include those damages. 
  • Negotiating a fair settlement: Your Fair Oaks personal injury lawyer can negotiate with the insurance company to protect your interests and get you the compensation and justice.
  • Taking a case to civil court: If the insurance company refuses to budge or won't pay what is needed to cover your losses, the case can be taken to civil court. Few cases have to go in that direction, but your attorney should be well-prepared to do so if necessary. 
Fair Oaks Personal Injury FAQ

What happens if the at-fault driver doesn't have car insurance? 

When someone causes an auto accident resulting in injuries and property damages and doesn't have auto coverage, the injured party will need to file a claim with their own insurance company for compensation. Insurance companies usually provide uninsured and underinsured motorist (UM/UIM) coverage as an option. If you have uninsured motorist coverage on your plan, it may come into play up to the policy's limits. 


How long do I have to file a personal injury case in California?

You have up to two years from the accident date to file a claim. However, you only have up to 180 days if the accident involves a government agency. Other deadlines and filing criteria must be followed in these cases. That's why it is a good idea to work with an experienced car accident lawyer to ensure all of them are met accordingly.


Call Our Personal Injury Lawyers in Fair Oaks, CA

Having someone by your side who can fight for your rights is essential. You are welcome to call us for our free and friendly advice about the possibility of placing a claim at (916) 921-6400 or (800) 404-5400. You can reach us online too. We can schedule a free, no-obligation review of your case, answer your questions, and tell you about your legal options to recover damages.

We are honored to be members of the Million Dollar Advocates and the Top 1 Percent.

Discover how we have helped others get fair compensation on our Settlements and Verdicts page.

Photo attribution: by Netto Figueiredo from Pixabay 

Editor's Note: This page has been updated for accuracy and relevancy [cha 7.7.22]

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Client Reviews
★★★★★
"Me and my wife; had a car accident. We were amazed how easy, professional, friendly attorney Ed Smith is along with his staff. Everybody is amazing. Thank you so much, we are very impressed!" Alex & Dinah M.
★★★★★
"Ed Smith and his office team took on a difficult personal injury case on my behalf and for the passenger in my car. Ed is a top- notch attorney. His staff couldn't have been more helpful and kind. No need to look elsewhere. I give Ed Smith my highest recommendation." Beverly
★★★★★
"Ed and Robert have been taking great care of my husband and I for the past 5+ years. They are always there when you have a problem and a quick resolution! Even when the issues have nothing to do with them. They are willing to help ease the pain off your shoulders. They are as good as it gets! Thank you again for everything." Annie T.
★★★★★
"Very professional. Great team, staff and service all around. Mr Smith was very honest, straight forward with his advice. He gives the word "attorney" an honest reputation. I will seek his council anytime, and would recommend him at the drop of a dime." Jeremy M.
★★★★★
"I would highly recommend Ed Smith to any friends or family in need of a personal injury attorney. Ed, and his staff, are very caring on top of being very experienced in this field. The staff always keeps you informed of the status of your case and they are always easy to reach by phone." Shannon D.
★★★★★
"Edward Smith law offices provide competent, thorough, and personable help for victims of personal injury. When you first meet the staff you know you contacted the right office. This law office treats clients like people. I recommend this office to anyone seeking representation regarding personal injury." David M.