Personal Injury Attorneys in Walnut Creek, California
Delivering Powerful Legal Advocacy for Injury Victims
There are many ways in which a person can be injured, very few of which are purely accidental. Widely used to describe injury incidents of every nature, the word accident is often misplaced. More often than not, the incidents that lead to injury and victimization are ones that could - and should - have been prevented. That being said, the work accident is hardly applicable to the case at hand.
If you were involved in an "accident" that was caused by another party's negligent or reckless behaviors then you are rightfully entitled to take legal action, and you should consider nothing else. With the help of a Walnut Creek personal injury lawyer at Brand Peters PC aiding you in your efforts to do so, you can effectively take on cases of this nature either in or out of the courtroom.
Injured? Call us now to explore your legal options.
Count on Our Team to Represent You
Brand Peters PC can help in any of the following legal matters:
Cross Over Cases: In some instances, an injury accident incurred on the job can be applicable in both the workers' comp and personal injury fields of the law. These are known as cross-over cases.
Car Accidents: If it can be proven that your car collision was the result of third-party negligence or reckless driving behaviors, then you have cause to make a legal claim.
Construction Site Accidents: Being injured onsite a construction zone is not an uncommon occurrence. However, it is one that could likely have been prevented, and as such, should be compensated accordingly.
Slip & Fall: If you were injured in a slip and fall accident, you may be eligible for compensation through a personal injury claim.
Lien Process: The workers' compensation carrier associated with your case will need to be notified of the third-party action being taken. This is a job for your attorney.
Credit Rights: It is very important that your injury case is handled by a skilled legal representative that can work to ensure that your case is credited in your favor.
Alternative Medicine: Brand Peters PC supports clients who wish to seek other forms of medicine and treatment beyond those traditionally offered through medical insurance and injury claims.
Property Damage: If damage was done to your property during an injury accident then an associate at the firm will help you recover compensation.
Reasons to Hire a Personal Injury Lawyer
The last thing you need after being injured is to deal with the uphill battle of trying to secure compensation from the responsible party's insurance company. As you face mountains of paperwork, expensive medical costs, the financial strain of time away from work, and the physical and emotional toll of your recovery, it can be difficult to know where to turn or who to trust. Having a trusted advocate by your side can help to ensure your best interests are protected during this difficult time and allow you to focus on your recovery with peace of mind.
A personal injury attorney from our firm can provide the following benefits to your case:
We can handle all necessary paperwork and ensure you meet all filing deadlines
We can negotiate with insurance companies on your behalf and ensure you are treated fairly
We can use our knowledge to help you secure a much higher settlement
We can keep your case on track and help you avoid costly delays
We can investigate the circumstances of your injury and help you build a stronger case
We can help you pursue additional damages through litigation if an acceptable settlement cannot be reached.
Personal Injury Frequently Asked Questions
What Is a Personal Injury Case?
In simple terms, a personal injury case is a legal dispute that arises when one person suffers harm due to an accident or injury caused by another party's negligence. Unlike criminal cases which seek to penalize a defendant with jail time or fines, personal injury cases are civil cases meant to compensate the injured party for their losses in the form of monetary damages. Personal injury cases can be brought against a variety of parties including a private individual, a business, a corporation, or even a government agency.
How Do I Prove Fault in a Personal Injury Case?
To prevail in a personal injury lawsuit, an injured party generally must be able to prove the following:
Everyone owes a duty of care to people around them. This means that a person generally has a duty to act (or not to act, depending on the situation) to avoid causing harm to others. When a person breaches this duty of care and it causes injury to another person in a way that could have been reasonably foreseeable, they may be considered negligent under the eyes of the law.
What Damages Can I Recover?
Injury victims in Walnut Creek can seek economic and non-economic damages from the party responsible for their accident. Economic damages encompass all quantifiable losses such as medical bills, property damage, and lost wages, while non-economic damages compensate victims for things like pain and suffering, disfigurement, and emotional distress. With the exception of injury cases related to medical malpractice, California does not impose a cap on compensatory damages in personal injury cases.
Additional punitive damages may be awarded in rare circumstances where the responsible party acted with extreme negligence or malice, such as cases involving intentional harm. Our attorneys can review the details of your case and provide you with a more accurate expectation of what damages you can expect to recover.
What If I'm Partially Responsible for My Injuries?
You may still be able to recover compensation even if you share some responsibility for your own injuries. Under California's comparative fault laws, also commonly referred to as "comparative negligence," a person injured in an accident can still recover compensation even when he or she is partially to blame for the accident, though their eligible recovery will be reduced proportionate to their percentage of fault. For example, say you were injured in a car accident and suffered $10,000 worth of damages but were found to be 30% at fault for the collision. Under comparative fault rules, you would only be eligible to recover $7,000 (or $10,000 less 30%).
Will I Have to Go to Court?
Not necessarily. While it is impossible to predict whether or not your case will end up going to trial, the vast majority of personal injury claims are resolved through out-of-court negotiations between your attorney, the at-fault party's attorney (if they have legal representation of their own), and the involved insurance companies. With that being said, if we feel you are being treated unfairly, if your case is highly contested, or if the insurance company is refusing to offer you an amount that fully compensates you for your injuries, our attorneys are fully prepared to pursue litigation in order to secure a favorable outcome for your case.
How Much Is My Personal Injury Case Worth?
The value of your case will be heavily influenced by factors such as the extent and long-term impact of your injuries, the cost of your medical treatments, the amount of insurance coverage available in your case, the level of liability of the at-fault party, and the negotiation skills of your attorney. It is best that you consult with a skilled attorney to get a more accurate understanding of your case's potential value.
How Long Do I Have to File a Personal Injury Lawsuit in CA?
The general statute of limitations for personal injury claims in California is two years from the date of the injury. In other words, you have two years to file a claim in civil court to seek damages for your injury. With that being said, certain circumstances can extend or shorten this deadline, such as cases involving medical malpractice or the victims of criminal acts. Since adhering to the statute of limitations can have such a critical impact on the success of your case, it is important you contact an attorney as soon as possible to maximize your chances of success.
Common statutes of limitations in California are as follows:
General personal Injury: 2 years
Wrongful death: 2 years
Medical malpractice: 1 year (from discovery)
Felony victim claims: 1 year (from conviction)
Serious felony victim claims: 10 years (from conviction)
Injury claims against a government agency: 6 months
Contact a Personal Injury Lawyer in Walnut Creek, CA
At Brand Peters PC, your recovery is important. The firm's legal team takes great care in providing its clients with nothing but the very best in terms of the legal representation it offers to the clients it serves. Here, you will be treated with an attention to detail and a level of commitment unmatchable by any other firm in the area.
As you proceed through your case, you will benefit greatly from the knowledge and skills provided to you by an associate at the firm. In fact, nowhere else will you find the same amount of dedication and support. When you need it most, the firm to turn to for help is right here in Walnut Creek, California.
Our experienced personal injury lawyers can help you understand your legal options. Contact us online or give us a call today.