Morada Car Accident and Personal Injury Lawyer
Morada is a census-designated place in San Joaquin County, and just under 3,800 residents call it home. Located along Highway 99 just north of Stockton, it is ideal for those commuting to Sacramento or the Bay Area for work. While it is a small town, Morada still sees its fair share of accidents.
When an incident is caused by negligence, the injured party may be able to file a claim for personal injury to recover the resulting losses.
If you have suffered injuries in an accident caused by another's negligence, call our experienced Morada personal injury lawyers today at (209) 227-1931 or toll-free at (800) 404-5400 for a free consultation.What Are Personal Injury Claims?
A personal injury is generally defined as the emotional, mental, or physical harm caused by negligence. Our law office represents those seriously injured in various accidents, including:
- Bicycle Collisions
- Car Accidents
- Dog Bites
- Motorcycle Crashes
- Pedestrian Accidents
- Premises Liability
- Products Liability
- Slip and Fall Accidents
- Traumatic Brain Injuries
- Trucking Collisions
- Wrongful Death
To recover compensation in a personal injury case, negligence must be proven by another party or entity. Evidence of negligence to show liability must fall into the following four categories:
- Duty of Care: Evidence must prove that the negligent party owed a legal obligation to an injured person.
- Breach of Duty: The personal injury lawsuit must show that the responsible individual breached that duty of care. In other words, the at-fault party breached reasonable standards for safety and failed to provide them to prevent foreseeable trauma to the other individual.
- Causation: The injured person must prove that the breach of duty caused their injuries.
- Damages: To request compensation, the injured person must demonstrate documentation and evidence of personal injury damages. This accounting should include the emotional, physical and financial loss caused by the trauma.
Damages in a personal injury claim are intended to offset losses suffered by a person injured in an accident. There are two types, economic and non-economic. Economic damages provide reimbursement for expenses incurred due to an injury, while non-economic damages refer to the intangible harms caused by a car wreck. These include:
- Emotional Distress: After a severe car wreck, an injured person may experience emotional distress, which can present through humiliation, anxiety, depression, and post-traumatic stress disorder (PTSD). Evidence must prove the extent of emotional trauma to recover this damage.
- Loss of Consortium: When a debilitating injury causes damage to the marriage, the spouse of the injured party may be able to be compensated for the deprivation of assistance, care, comfort, love, moral support, protection, and society. The inability to have children and the loss of enjoyment of sexual relations may also be considered for compensation.
- Lost Wages: The time a person is forced to take off from work to recover from an injury or receive medical treatment may be claimed. This also includes reimbursement of sick time or vacation time used for rehabilitation. Evidence supporting the loss of pay, such as income statements before and after the accident or testimony from the employer, must be presented for compensation.
- Loss of Earning Capacity: If a person is permanently disabled or unable to return to work due to an injury, the loss of earning potential may be recovered. This can be supported by expert testimony from a vocational rehabilitation specialist. The expert will assess the medical limitations of the injured individual, conduct dexterity and cognitive tests, and evaluate the various employment requirements.
- Out-of-Pocket Expenses: These are not considered medical bills. Instead, they deal with reasonable and necessary expenses an injured person would have to make to heal or function appropriately. These include the costs of over-the-counter or prescription medication and medical appliances such as wheelchairs, crutches, or walkers. Expenses for renovating a home to accommodate an injury or disability, such as a ramp entrance, may be compensated. The cost of travel to and from medical treatments may also be reimbursed.
- Pain and Suffering: No law dictates the amount of pain and suffering received in a personal injury claim. Instead, it is based on the severity of the trauma, the amount of pain experienced, the recovery period, and how the injury disrupted the injured person's life. Since most of these factors are subjective, it can be difficult to equate this damage.
- Property Damage: If personal property was damaged in an accident, the injured person might be eligible to collect compensation for the costs of repairing or replacing it. For instance, someone injured in a bicycle accident may be reimbursed for damage to their bike, glasses, or clothing. Cost estimates or receipts for each damaged item must be provided for reimbursement.
- Punitive Damages: These are rarely awarded in cases of negligence. However, an injured person may recover punitive damages from the negligent party for acts of fraud, oppression, or malice. For instance, punitive damages may be recovered for car accident cases involving drunk driving.
California applies a system of comparative fault when assessing claims for personal injury. If an injured person shares partial liability in an accident, any compensation awarded would be reduced by the percentage of negligence apportioned to them. Insurance companies often use an injured person's unfamiliarity with these situations to diminish and devalue claims. If there is a disagreement with the insurance company regarding liability assessment in an accident, an injured person should consult with an experienced Morada personal injury attorney to discuss their legal options.Is There a Time Limit on Personal Injury Claims?
In California, a time limit is set on a person's right to file a claim for damages. This is known as the statute of limitations. For personal injury and wrongful death, a claim must be filed within two years from the time of loss. In cases of government negligence, the statute is shortened to 180 days or 6 months from the accident date. If an injured person is unsure how long they have to file, an experienced Morada auto accident attorney can help by reviewing the case's details and ensuring the claim is filed within the deadline.How to Find the Right Morada Personal Injury Lawyer
Having the right Morada car accident lawyer represent your case can distinguish between securing a favorable recovery or suffering financial hardships following a collision. You want to retain a lawyer who practices personal injury law exclusively and has a proven history of successful verdicts and settlements. You also want to work with an attorney to feel comfortable discussing the details of your claim and who has the resources to take your case to court, if necessary. To decide whether an attorney is a good fit for you, you can browse reviews of their practice on Avvo, Google, and Yelp.
The following video also contains valuable suggestions on what to look for in a Morada personal injury lawyer.What if I Can't Afford a Personal Injury Attorney?
Legal fees can be daunting. However, most injury lawyers handle cases on a contingency basis. This means an injured individual can focus on recovering from their injuries without worrying about paying upfront fees to hire an injury attorney. A fee will only be required if a successful outcome is obtained in the case. In other words, we only get paid if we win your case.Contact Our Personal Injury Lawyers in Morada, CA
Being injured in an accident is devastating, regardless of the circumstances. If you or a loved one has been injured in an accident caused by someone else, our Morada personal injury lawyers are here to provide free and friendly case advice. Please contact us at (209) 227-1931 or toll-free at (800) 404-5400 for free and friendly advice.
See our past cases on our verdicts and settlements page.
Editor's Note: This page has been updated for accuracy and relevancy [cha 9.16.22]
Image Source: By "Aleksejs Bergmanis" via Pexels
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