Sacramento Personal Injury Lawyer
Injuries usually happen without warning, and they can lead to a victim becoming temporarily or permanently disabled. Unfortunately, injuries can also lead to tremendous medical expenses as well as other out-of-pocket costs for victims. At Rosenthal Law, our knowledgeable and experienced Sacramento personal injury lawyers are here to help if you or a loved one have been harmed due to the negligence of another person. We will thoroughly investigate your claim and work to secure any compensation you are entitled to so you can begin to make a full recovery.
- What Will a Personal Injury Attorney Do for You?
- How Much is My Injury Case Worth?
- Types of Injury Cases We Handle
- Most Common Injuries in Arising in a Sacramento Personal Injury Claim
- How Long Do I Have to File an Injury Claim in California?
- Are There Caps on Damages for Sacramento Personal Injury Cases?
- What Kind of Compensation Can I Recover in a Personal Injury Claim?
- How Liability Works in California
- What is the Timeline for a Personal Injury Case?
- How Much Does a Personal Injury Lawyer in Sacramento Cost?
- Contact a Sacramento Personal Injury Attorney
What Will a Personal Injury Attorney Do for You?
Most people do not realize why they need an attorney for their Sacramento personal injury case. The reality is that most injury victims will not have the resources or legal experience necessary to ensure they obtain maximum compensation for their claim. A skilled personal injury lawyer will provide enormous benefits for your case. They will have the resources necessary to:
- Obtain any evidence needed to prove liability. This can include video or photo surveillance of the incident in question, statements from eyewitnesses, police or accident reports, and more.
- Ensure you are evaluated by a trusted medical professional who can fully assess your injuries and help calculate total expected medical costs.
- Work with financial and economic experts to properly calculate all economic and non-economic damages an injury victim incurs.
- Negotiate with all parties involved, including aggressive insurance carriers, to secure maximum compensation for a claim.
- Prepare a case for trial if a fair settlement is not offered.
How Much is My Injury Case Worth?
Personal injury cases can range anywhere from a few thousand dollars or result in multi-million dollar settlements. California law does not define how much money should be awarded for each particular personal injury claim. Rather, the total amount awarded will vary depending on the factors related to each particular case. For example, the following factors will likely be considered by either insurance carriers or a jury when making a determination of the value of a case:
- The seriousness of the injuries a victim sustains
- Whether or not a victim is able to work or will be able to return to work
- Whether there is any scarring or disfigurement involved
- How much pain and suffering a victim has endured due to their injuries
- Whether the at-fault party was grossly negligent or intentionally caused harm
Types of Injury Cases We Handle
The Sacramento personal injury attorneys at Rosenthal Law have extensive experience helping clients who have been injured in many different ways. Some of the most causes of personal injury cases that we handle include the following:
- Car accidents
- Commercial truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Uber and Lyft accidents
- Autonomous vehicle accidents
- Boating accidents
- Construction excellence
- Dog bite injuries
- Property owner negligence incidents
- Slip and fall accidents
- Swimming pool accidents
- Birth injury incidents
This is most certainly not an all-inclusive list of the ways that personal injury cases arise in Sacramento. You should speak to an injury attorney at Rosenthal Law for help understanding whether or not your case should be pursued. We offer a free consultation for Sacramento personal injury claims, so you have nothing to lose by checking with us first.
Most Common Injuries in Arising in a Sacramento Personal Injury Claim
The injuries sustained by those harmed due to the negligence of another person will vary widely. In some cases, victims suffer from a singular injury, while others may suffer from multiple injuries, all arising from the same incident. At Rosenthal Law, our personal injury attorneys in Sacramento regularly help clients who have sustained to the following:
- Broken or dislocated bones
- Severe burn injuries
- Open head wounds
- Traumatic brain injuries
- Spinal cord injuries with paralysis
- Other neck or back injuries
- Severe lacerations or puncture wounds
- Amputation injuries or crush wounds
In many cases, victims of personal injuries also suffer from significant scarring or disfigurement due to what happened to them. This, along with temporary or permanent disabilities, can lead to a significantly lower quality of life for an injury victim. We want to point out that we work diligently to help clients who are also suffering from severe emotional or psychological trauma due to their injuries. It is not uncommon for personal injury victims in Sacramento to suffer from fear, anxiety, depression, or even post-traumatic stress disorder (PTSD) following their as a result of their injuries.
How Long Do I Have to File an Injury Claim in California?
Each state is responsible for putting time limits in place that determine how long an injury victim has to file a lawsuit against an alleged negligent party. These time limits are called the statute of limitation.
The California statute of limitations for personal injury cases is generally two years from the date the injury occurs. This means that victims have a two-year window with which to file a lawsuit against the alleged at-fault party. Failing to file a lawsuit within this time limit will likely result in the victim being unable to recover any compensation for their losses.
There are various instances in which this two-year statute of limitations may be tolled, or paused. This includes if the defendant is:
- Out of the state
- In prison
- Considered legally insane
- Under the age of 18
The statute of limitations will also be paused if the person who is injured is under the age of 18. In general, the time limit will be tolled until the victim reaches the age of 18, giving them until the day they turn 20 to file a claim.
There are various other exceptions to the statute of limitations for personal injury claims in Sacramento, so please speak to your attorney about the time limits guiding your case.
Are There Caps on Damages for Sacramento Personal Injury Cases?
Every state is also responsible for setting a limitation on the amount of money a personal injury victim can recover through a lawsuit against the negligent party. These limitations are commonly referred to as “caps” on damages.
In California, there is no limitation, or cap, on the total amount of compensation that can be awarded to a personal injury victim for either their economic or non-economic damages. The exception to this is non-economic damages awarded in medical malpractice cases, which are limited to $250,000.
For all other Sacramento personal injury claims, the jury is free to award the victim however much compensation they see fit.
What Kind of Compensation Can I Recover in a Personal Injury Claim?
There are various types of compensation that can be awarded if someone is injured due to the careless or negligent actions of another person. This includes both economic and non-economic damages.
These are also referred to as special damages and include types of compensation that are quantifiable in the aftermath of an injury. By using medical bills, receipts, tax returns, etc., an injury victim and their attorney can work to calculate the following:
- Medical expenses
- Lost wages
- Loss of future earnings
- Out-of-pocket household expenses
These types of damages are also referred to as general damages. Non-economic damages include types of compensation that are difficult to calculate because they do not come with receipts or bills. These damages also arise due to the underlying physical injury and can include the following:
- Physical pain and suffering
- Physical impairment
- Loss of enjoyment of life
- Physical scarring or disfigurement
- Mental anguish
It is important that injury victims properly calculate their total expenses. A Sacramento personal injury attorney will often work with trusted medical and economic experts to help calculate the economic and non-economic damages mentioned above.
How Liability Works in California
In California, the person whose careless, negligent, or intentional actions caused harm to someone else will generally be responsible for compensating the injured victim. Determining liability in these cases can be incredibly difficult, but a skilled Sacramento personal injury attorney will use their resources to obtain all of the evidence we discussed above to help your case. The goal is to prove to a jury that the defendant (the negligent party) more likely than not caused the injury to the plaintiff (the injury victim). The burden of proof required in these cases is called a “preponderance of evidence.”
However, it is not uncommon for multiple parties to be liable in these cases. In fact, it may be the case that the plaintiff shared some of the blame for the incident that caused their injury. Can a plaintiff still recover compensation if they shared blame for causing their own injury?
The answer is, yes, a person can still recover compensation even if they are found to be partially at fault for the incident. We know this because California abides by certain comparative negligence laws. In California, a plaintiff can recover compensation even if they are up to 99% at fault for the incident. This differs from other states that use a modified comparative negligence system that typically allows plaintiffs to only recover compensation if they are 51% or 50% or less responsible for the injury.
While a Sacramento personal injury victim may be able to recover compensation if they are partially at fault, the total amount of damages they recover will be reduced based on their percentage of fault. For example, if a personal injury victim is awarded $10,000 in damages, but it is determined that they were 20% at fault for the incident, they will only recover $8,000 in damages.
What is the Timeline for a Personal Injury Case?
Many people wonder how long it will take for their personal injury claim to be settled. This is a difficult question to answer, and there is no set timeline for a Sacramento personal injury case. First, it is important to understand that most personal injury claims are settled before a lawsuit is even filed. Damages are typically awarded through the insurance carriers. This usually occurs after a period of negotiations between the plaintiff and the defendant’s insurance company. Claims that are settled through insurance carriers will typically not take as long to resolve as full-fledged personal injury lawsuits. However, even insurance settlements can take months or even a year to come to a conclusion.
If an insurance carrier refuses to offer a fair settlement or denies a claim, it may be necessary for an injury victim to file a personal injury lawsuit against the at-fault party. If this happens, the time frame for a resolution will certainly be extended. Even at this point, most cases will be settled before they reach an actual jury trial. However, a jury trial will be necessary if the at=fault party still refuses to offer a fair settlement. A personal injury lawsuit could take a year or more to reach a resolution.
How Much Does a Personal Injury Lawyer in Sacramento Cost?
Many personal injury victims find themselves placed in precarious financial situations. The team at Rosenthal Law takes all Sacramento personal injury cases on a contingency fee basis. This means that we do not charge any upfront or out-of-pocket costs to the client when we decide to take a case. Our clients will pay no legal fees until after we secure the compensation they need through a favorable settlement or verdict. This way, we can ensure that all injury victims have skilled legal representation in order to stand up to those who caused them harm.
Contact a Sacramento Personal Injury Attorney
If you or somebody you care about has sustained an injury that was caused by the careless, negligent, or intentional actions of another person, contact an attorney as soon as possible. At Rosenthal Law, our dedicated and experienced team has the resources necessary to conduct a thorough investigation into your claim. We are not afraid to take on aggressive insurance carriers or at-fault parties to ensure you are treated fairly. Let our Sacramento personal injury lawyers get to work taking care of you and your family today. You can contact us for a free consultation of your case by clicking here or calling (916) 774-7200.