Fair Oaks Car Accident and Personal Injury Lawyer
Fair Oaks is known for its quaint small-town vibe and a strong sense of community. The area offers many parks, bike trails, and outdoor activities that appeal to nature lovers. Art enthusiasts can also enjoy the vibrant local arts scene in Fair Oaks, which features numerous galleries and studios showcasing the works of talented local artists. In addition, the town hosts various community events, such as a weekly farmers market and an annual chicken festival.
Fair Oaks has busy roads like Fair Oaks Boulevard and Madison Avenue, which can become congested during peak hours. To ensure the safety of pedestrians and cyclists, the town has implemented several measures, such as crosswalks with flashing lights and bike lanes. Despite these efforts, accidents can still happen, and injuries sustained from crashes can result in high medical costs, loss of income, and pain and suffering.
If you've been injured in a Fair Oaks car accident or personal injury, call our law office at (916) 921-6400 or (800) 404-5400 for a free case evaluation.What Is Considered a Personal Injury?
A personal injury is an affliction that affects a person's physical or mental well-being or emotional state, rather than causing damage to property. Personal injury cases can arise from various incidents, such as car accidents, slip and falls, medical malpractice, product defects, and intentional harm. These injuries can range from minor cuts and bruises to more severe injuries like broken bones, traumatic brain injuries, and spinal cord injuries.
In personal injury cases, the injured party may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other related damages. Personal injury law aims to provide legal remedies for those who have suffered harm due to another party's negligence, recklessness, or intentional actions.Recoverable Losses in Bodily Injury Claims
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 injury is permanent, 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.
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:How a Lawyer Can Help with Your Personal Injury Claim
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.
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, 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.
Experienced Personal Injury Lawyers Serving Fair Oaks, CA
We understand how difficult it can be to navigate the legal system after suffering an injury, and that's why we're here to help. Our team of experienced and empathetic personal injury lawyers in Fair Oaks is committed to advocating for your rights and securing the compensation you are entitled to. Please don't hesitate to call us at (916) 921-6400 or (800) 404-5400 for a free and friendly consultation. We'll listen to your story, offer our professional advice, and explain your options for seeking compensation. We are here to support you every step of the way and look forward to helping you through this challenging time.
Discover how we have helped others get fair compensation on our Settlements and Verdicts page.
Editor's Note: updated [cha 6.12.23] cd  bw