Lincoln Village Car Accident and Personal Injury Lawyer

Located in San Joaquin County in California’s Central Valley, Lincoln Village is a growing community near Stockton. Only 50 miles from Sacramento, this area is becoming popular with its suburban feel and easy access to Interstate 5 and San Joaquin Delta College. With a population of 4,381, it is considered home for families and young professionals alike. 

Even in a small community like Lincoln Village, accidents can still happen. When they are caused by the negligence of someone else, the injured party may file a personal injury claim to recover subsequent losses.

Types of Personal Injury Cases

Unlike some lawyers, I practice personal injury law exclusively. I focus on handling serious injury cases such as:

• Bicycle Collisions
• Boating Accidents
• Car Accidents
• Dog Bites
• Motorcycle Accidents
• Pedestrian Accidents
• Premises Liability
• Products Liability
• Traumatic Brain Injuries
• Truck Accidents
• Wrongful Death

What Damages May Be Recovered in a Personal Injury Case?

People who suffer injuries in an accident caused by the fault of another may have the right to seek compensation for their losses. They must be able to prove that the actions of another individual or entity caused the incident and injuries. While establishing liability is necessary for a personal injury claim, showing the extent of damages is also essential to obtaining a favorable outcome. Based on the nature of the collision and injury, the injured person may be able to claim compensation for the following:

• Economic Damages: These are direct financial losses for the injured person and their family. They include past and future medical expenses for reasonable and necessary treatment, income lost during recovery, and loss of future earning potential due to a permanent disability.
• Noneconomic Damages: These are often difficult to equate into monetary sums as they generally refer to emotional trauma. They include a family’s loss of emotional support and companionship, loss of enjoyment or quality of life, loss of consortium for a spouse, disfigurement, and pain and suffering.
• Punitive Damages: When a person is injured in an accident caused by an egregious act, he or she may be eligible to recover punitive damages. These are also known as exemplary damages and are awarded in cases when injuries were caused by the intentional misconduct or gross negligence of another person or entity. These are designed to punish the responsible party for the negligent acts and deter others from committing such conduct.

Proving Negligence in a Personal Injury Claim

To recover damages in a personal injury case, the injured individual must provide a burden of proof for the following:

• The negligent party owed a duty of care to the injured person
• The at-fault party breached this duty of care through some way
• The claimant suffered injuries in the incident
• This breach of duty was the exact cause of the individual’s trauma

Comparative Fault

Not every personal injury case is straightforward. Sometimes fault may be falsely pinpointed on an injured person by an insurance company to avoid paying a larger settlement. Since California is a comparative fault state, this may reduce the amount of compensation the injured party may be entitled to otherwise. 

For this reason, it is essential to have an experienced injury lawyer at your side. An attorney can examine the facts and circumstances of the case to properly determine liability and obtain the compensation you need and deserve to cover your losses. For details on what to look for in a reputable lawyer, watch the below video.

How Does a Lincoln Village Auto Accident Attorney Get Paid?

Most injury attorneys handle cases on a contingency fee basis. This means that a client will not face any upfront costs. The attorney will only be paid if a favorable outcome is obtained in the case.

Lincoln Village Accident FAQ

The other driver’s insurance company called me. What should I do?

You should avoid speaking directly with an adjuster from the other driver’s insurance company. They may use anything you say over the phone against you to reduce the value of your claim or deny it altogether. If they contact you, politely decline from discussing your personal injury claim and direct them to speak with your Lincoln Village car accident lawyer or your insurance carrier.

What if the at-fault motorist does not have insurance?

Unfortunately, it is very common to come across drivers who do not have car insurance in California. If the motorist who caused the accident is uninsured, there are still other avenues you may take to recover the compensation you need. You may be able to file a claim for damages through your own insurance provider so long as you have uninsured/underinsured motorist coverage. This helps pay for losses incurred in a collision with a driver who has little to no coverage. It may also provide reimbursement for damages resulting from a hit and run accident.

How much time do I have to file a personal injury claim?

There is a specific length of time a person has to file a personal injury claim. This is known as the statute of limitations. In California, a person has a two-year window to file a claim from the date of the accident. However, this period can change under certain circumstances. In the case of a minor, he or she has two years to file after turning 18 years old. For claims involving government negligence such as road defects, the statute is reduced to 6 months or 180 days.

How a Lawyer Can Help

The diagnosis of a traumatic injury should always be taken seriously after a car wreck. As a first step, it is essential to consult with an experienced Lincoln Village personal injury attorney. Some of the ways an injury lawyer can help include reviewing accident records to ensure details are documented properly and communicating effectively with insurance companies. This way, the attorney can assist the injured party and their family in recovering damages related to the collision. If this situation applies to you or your loved one, do not hesitate to ask for help when it is needed.

Lincoln Village Personal Injury Lawyer

I’m Ed Smith, a Lincoln Village car accident lawyer. Coming to terms with the aftermath of an accident is never easy. Not only do you have to think about your medical treatment, but you also have to deal with the financial concerns of your injuries and their effects on your loved ones. If you or someone you love has been injured in an accident through the negligence of someone else, I am here to provide you with free, friendly case advice. Please phone me at (209) 227-1931 or toll-free at (800) 404-5400.

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 8.24.20]

Image Attribution: By "RawPixel" via Pexels and "12019" and "Free-Photos" via Pixabay

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