Woodbridge Car Accident and Personal Injury Lawyer

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Woodbridge is one of the many unincorporated communities in San Joaquin County. As a famous wine-growing region of the San Joaquin Valley, its population has grown to almost 4,000. 

With such growth comes the potential for accidents that often leads to emotional, physical, and financial hardship. This is where the assistance of an experienced Woodbridge personal injury lawyer can make a difference. A skilled attorney can help injured people recover compensation from moving forward from their loss. Call our legal team at (209) 227-1931 for a free consultation.

What is Considered a Personal Injury?

The physical, mental, or emotional harm caused by the negligence constitutes a personal injury. Our law office exclusively handles accident cases involving serious injuries, such as:

How Do You Prove Negligence in an Accident Case?

Personal injury cases are based on a theory of negligence. This means that an individual failed to act in a way that was reasonable and caused harm to another person. To recover damages in these cases, the injured person must prove how the negligent party violated their due diligence in the accident. Establishing fault usually requires these four elements:

  • Duty of Care: The injured person must demonstrate that the at-fault party owed them a duty of care in the accident that gave rise to the trauma
  • Breach of Duty: The injured individual must prove how the responsible party breached this duty of care. Negligence may include failing to exercise due care when another reasonable individual would have
  • Causation: The injured person must compile documents and evidence that demonstrate that their damages were incurred as a result of the liable person's breach of duty
  • Damages: The injured party must show that they have suffered actual harm or measurable loss
What Are Compensatory Damages in a Personal Injury Claim?

An unexpected motor vehicle collision may trigger significant stress and expenses. Your Woodbridge car accident lawyer can help seek financial compensation that covers any of the following economic and noneconomic damages applicable to your case:

  • Disfigurement: Scarring and disfigurement, particularly in a visible area of the body, can have a significant psychological, physical, and financial impact on the life of an injured person. Multiple reconstructive procedures may be required to achieve minor improvements to the structure or appearance of the scarring, and this process can be prolonged and costly.
  • Loss of Consortium: A claim for loss of consortium may be placed if the person involved in the accident is severely injured or killed and cannot supply their spouse with the same companionship, affection, love, or sexual relations provided before the incident.
  • Loss of Earning Potential: If an individual cannot earn wages or is permanently disabled due to a personal injury, the loss of earning capacity may be claimed. Testimony from an expert, such as a vocational rehabilitation specialist, may be necessary to demonstrate the assessment of medical limitations and cognitive and dexterity examinations. The expert will also calculate future wage loss based on the injured party's age, occupation, skill, experience, life expectancy, and various employment requirements.
  • Lost Wages: If a traumatic injury forces a person to miss time at work, they may claim wage loss during that time. To be eligible to recover damages for lost wages, the injured person must prove the amount of income that they have lost to date. This can be done by presenting testimony from the employer or income statements before and after the crash.
  • Medical Bills: Expenses for necessary and reasonable medical treatment are recoverable. All forms of treatment and care, whether ambulance, hospital, diagnostic testing, physical therapy, chiropractic care, and the like, may be recovered.
  • Out-of-Pocket Expenses: Some injuries require medical appliances such as a brace or a wheelchair. Others may require modifications to the home, like installing medical equipment, widening hallways, adding ramps to entrances, and retrofitting bathrooms. Any of these out-of-pocket expenses may be claimed for compensation.
  • Pain and Suffering: This includes treatment for emotional and psychological trauma caused by a collision, such as anxiety, depression, or post-traumatic stress disorder (PTSD) stemming from the crash.
  • Property Damage: If the actions of a negligent person caused any damage to the injured person's personal property, they might be able to recover the costs of replacing or repairing that property.
  • Wrongful Death: The surviving spouse, domestic partner, or decedent's children may claim damages for wrongful death. Damages include funeral and burial expenses, loss of future income, household services costs, and consortium loss.

Watch the video below for information on what factors may affect the value of a bodily injury claim.

What Qualifies for Punitive Damages?

Punitive damages may be awarded in some cases under certain circumstances. These are not intended to compensate injured people. Instead, they serve as punishment for a negligent party if it is shown that they have behaved with malice, fraud, or oppression. Punitive damages are also intended to act as a deterrent for preventing similar conduct.

What Does Comparative Negligence Mean?

California adheres to a system of comparative fault when assessing personal injury damages. In other words, all parties are liable for no more than the percentage of negligence assigned to them. Insurance companies often apportion a percentage of liability to each party involved in comparative negligence cases. However, there are times when an insurer uses an injured person's unfamiliarity with comparative fault to their advantage. 

Have an experienced Woodbridge personal injury attorney by your side in these situations. Your lawyer will review the facts and evidence of the case to ensure liability is adequately determined.

Is There a Statute of Limitations on Personal Injury?

Time is of the essence when filing a claim for damages. Under the California Code of Civil Procedure Section 335.1, there is a two-year window to file a personal injury or wrongful death claim. Conversely, there are some exceptions for which the statute of limitations can require an injured person to file a claim sooner. 

In cases involving government negligence, a claim must be filed within six months or 180 days from loss. Since various causes of action and several possible statutes of limitations apply to a case, it is essential to consult with an injury lawyer to avoid missing any deadlines applicable to your claim.

Can I Afford a Lawyer for My Personal Injury Case?

Some believe hiring an injury attorney can come with high hourly rates or retainer fees. However, most injury lawyers offer contingency-fee billing, which helps provide injured people with legal representation when they need it most. Legal fees are only owed when the injury attorney can secure fair compensation on the injured person's behalf.

Call Our Personal Injury Lawyers in Woodbridge, CA 

If you were injured in a crash in Woodbridge or elsewhere in San Joaquin County, you could depend on our team of accident attorneys for the experience, skills, and resources your case needs. Give us a call today to arrange a meeting with one of our lawyers and receive free, friendly advice on your legal options on how to move forward in your situation at (209) 227-1931 or (800) 404-5400.

Editor's Note: updated 4.13.23 Image by Peter H from Pixabay ds cha [cs 1245]

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"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.
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"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
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"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.
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"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.