Gold River Car Accident and Personal Injury Lawyer

Gold River is a part of the Sacramento-Arden-Arcade-Roseville Metropolitan Statistical Area. In the latest census, it had a population of 7,812. The medium family income is approximately $117,000, which is the highest reported throughout the county of Sacramento. Gold River lies close to U.S. Highway 50, which connects it to the city of Sacramento. The community is composed of planned residential development and several smaller subdivisions.

It also has retail and industrial establishments and commercial areas. Geographically, it forms a triangle with Rancho Cordova, which lies south of the community of Gold River with Folsom to the east and the American River to the north. It is considered an incorporated area of Sacramento County. There were 3,335 households in 2010.

Personal injury is an umbrella term that covers many types of harm that can befall an individual. The injury is due to negligence by another person. Here are some common personal injury cases I handle:

• Car Accidents
• Bus Accidents
• Pedestrian Accidents
• Amputations
• Bicycle accidents
• Roadway Defects
• Traumatic Brain Injuries
• Products Liability
• Wrongful Death
• Trucking accidents
• Motorcycle Collisions
• Nursing Home Abuse
• Pesticide injury
• Medical device injury
• Dog Bite Injuries
• Boating accidents
• Electric scooter accidents

There are two basic types of personal injury damages. They are labeled as economic and noneconomic. Economic damages are those that relate to actual losses the injured party experiences. These consist of medical bills and lost wages. Even contract workers can claim the money they would have earned had the accident not happened.

Noneconomic damages are personal losses such as pain and suffering. Since no two people are affected by physical pain in the exact same way, each case must be dealt with individually. This category takes into account the loss of joy a person experiences, such as being able to carry one’s child. The loss of being able to do daily tasks involved in self-care or taking a walk is also included. Psychological and emotional pain are other forms of noneconomic damages.

Since negligence is the cornerstone of personal injury lawsuits, proving it is a vital part of any case. There are four elements of negligence. They are:

• Duty of care: Proof must be provided that the person who caused the accident had a responsibility to the injured person to use care not to cause harm. For example, all drivers have the responsibility of following traffic laws to protect others who share the road with them.
• Breach of duty: The next level in establishing negligence is to prove that the person who caused the accident (the defendant in a lawsuit) failed to fulfill this duty. This can refer to a driver who was speeding or driving drunk in spite of laws to the contrary. Other types of actions that are irresponsible include being distracted, failing to maintain a vehicle, or being aggressive on the road.
• Causation: It is necessary to prove that the driver’s breach of duty caused the accident. For example, if another driver is texting while driving and hits your vehicle, that driver is liable for your injuries.  However, what if the accident was caused by faulty brakes on your car due to a manufacturer’s defect and the texting driver did not hit your vehicle. The texting driver would not be liable because their actions had nothing to do with the accident. However, in this case, the manufacturer could be held responsible for the accident.
• Damages: The final element of negligence your personal injury lawyer must prove is that the accident caused damages along with financial loss. The damages must be related to the accident. For example, if a reckless driver caused an accident, but the injuries were caused by another accident one week earlier, then there are no damages. Many times, the defendant’s attorney tries to say that the injuries a plaintiff (injured person) claims were not caused by their client’s lack of care. The plaintiff’s attorney will counter that argument with proof that the injuries are related to the current incident.

It is essential to file a claim before the time runs out. In California, an injured party has two years to claim damages in most cases. If the injury was discovered later, the plaintiff has one year in which to file. This is referred to as the statute of limitations. Property damage must be claimed within three years of the date the accident occurred.

If an injury is due to the lack of care by a government entity, the time limit is shortened. In such cases, the plaintiff (injured party) has six months from the time the injury occurred to file the claim. The government entity has 45 days to respond. If the claim is denied, the plaintiff has six months to file a lawsuit from the time the denial was mailed. However, if a rejection letter is not received, you have two years to file a lawsuit from the date of the injury. Sometimes, the length of time can be halted for some time. This is called tolling of the statute of limitations. Your attorney will ensure that all claims are filed within the limit.

A personal injury lawyer charges a client on a contingency basis. This means that fees for the attorney’s work are paid only after the successful completion of the case. If the outcome of the matter is not favorable to the client, the attorney does not get paid. This is helpful to a client since due to the monetary losses an accident involves, paying legal fees upfront would be difficult for some clients.

After being involved in an accident, it is complicated to select an attorney that is a good fit for you and your case. There are ways for you to do this:

• Look for an attorney who has dedicated his or her practice to personal injury. It is essential to find a lawyer who is as much at home at the negotiation table as they are in the courtroom.
• Look at reviews provided by former clients and the attorney’s peers.
• Retain an attorney who is responsive to your calls.
• Engage an attorney who has the resources to investigate your accident and take the case as far as it needs to go. Since payment is made only if you win, this is an essential element in choosing your personal injury attorney.

Watch to the following video presented by Ed Smith to learn how to choose a Gold River personal injury lawyer:

I’m Ed Smith, a Gold River personal injury lawyer. It is crucial to have the insight of an experienced injury lawyer when you are injured in an accident. You can obtain our free and friendly advice by calling (916) 921-6400 or (800) 404-5400. It is also possible to reach out to us online.

We are members of the Million Dollar Advocates Forum and the National Association of Distinguished Counsel.

See a list of our past cases on our verdicts and settlements page and our client reviews on Avvo, Yelp, Google.

Editor’s Note: This page has been updated for accuracy and relevancy [cha 1.28.21]

Photo by Dhyamis Kleber from Pexels

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