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How Much Can I Receive For A Permanent Back Injury?

Permanent back injuries are often life-altering, affecting not only an individual’s physical health but also their emotional well-being, livelihood, and overall quality of life. If you or someone you know has suffered a permanent back injury in the Bay Area, understanding the potential financial compensation that may be recoverable is essential.

Back injuries range in severity and type. Common ones include sprains and strains, herniated or ruptured disks, fractured vertebrae, spinal cord injuries, and conditions like chronic back pain or spondylolisthesis (one vertebral body slips over another). The amount of financial compensation often correlates with the injury’s severity and its long-term implications.

Scenarios That Lead to Back Injuries

There are various situations where one might suffer a permanent back injury:

  • Workers’ Compensation Claims – Workers’ compensation may cover you if you’re injured at work.
  • Workplace Accidents – In some situations, third parties may be liable beyond standard workers’ compensation.
  • Car Accidents – Collisions can lead to severe spinal injuries.
  • Slip and Fall Accidents-  Property owners might be liable if they neglect a hazard.
  • Product Liabilities – Defective products causing injury.

California has specific statutes that cater to different scenarios:

In California, strict timeframes dictate when you can file a claim, referred to as the Statute of Limitations. Workers’ compensation claims must be initiated within one year, personal injury claims have a two-year window, and property damage claims should be filed within three years of the incident. Failing to file your claim within the specified Statute of Limitations will legally bar you from pursuing your claim. At BV Law, we can handle your personal injury or property damage claim, and refer you to a worker’s compensation attorney if necessary. 

Filing For Monetary Compensation

To claim compensation:

  1. For Workers’ Compensation: Notify your employer, get medical treatment, and file a DWC-1 claim.
  2. For Personal Injury: Gather evidence, undergo a medical evaluation, and consider hiring a personal injury attorney.

An experienced Oakland back injury attorney is necessary for identifying all insurance coverage. They can delve deep into identifying all parties at fault and uncovering relevant insurance policies, ensuring that you don’t miss out on any potential compensation.

Choosing Your Back Injury Attorney

Finding the right attorney can make a significant difference:

  • Depending on your case, you’ll either need a workers’ compensation attorney or a personal injury attorney.
  • When vetting potential attorneys, ask about their experience with back injury cases, their past successes, their strategy for your situation, and their fee structure.
  • Seek an attorney with a proven track record, clear communication, and a solid community reputation.

Estimating the Compensation

Compensation varies based on several factors: injury severity, quality of life impact, medical bills, lost wages, and intangible aspects like pain and suffering. While workers’ compensation is influenced by disability ratings, personal injury claims can range widely, from thousands to millions, depending on the case’s unique circumstances.

Back injuries can have profound implications on one’s life. While no amount of money can truly compensate for the pain and challenges faced, securing rightful compensation can aid in the healing process. Always consult with an experienced Oakland back injury lawyer to make sure that you receive full compensation.

Factors That Determine Compensation for Back Injury Claims

Back injuries can be a life-altering experience, often leading individuals to seek compensation to cope with medical expenses, loss of income, and the emotional strain that comes with it. While the nature of the injury itself plays a central role in determining compensation, several other elements can sway the compensation amount.

Firstly, the nature and severity of the injury significantly influence compensation. While milder injuries like sprains might result in lower compensation, more severe injuries, especially those requiring surgeries or long-term treatments like spinal cord injuries, often lead to higher compensation.

Medical expenses are a prime consideration. This doesn’t just mean the immediate bills post-injury, but also future medical costs, encompassing expenses from surgeries, physical therapies, chiropractic care, and any other treatments deemed necessary for recovery.

The injury’s impact on one’s professional life is also paramount. Lost wages due to missing work immediately after the incident and potential loss of earning capacity if the injury affects the claimant’s ability to work or earn at the same capacity as before are crucial factors in determining compensation.

The emotional and physical pain post-injury, termed as pain and suffering, also play into the compensation amount. Given that the implications of a back injury can vary widely, this compensation aspect can range significantly based on the injury’s specifics and its long-term consequences.

Moreover, if the injury hampers one’s day-to-day activities or hobbies, the impact on the quality of life comes into the compensation equation. This consideration acknowledges that injuries sometimes rob individuals of enjoying life as they once did, be it in sports, hobbies, or even simple recreational activities. Permanent disabilities resulting from the injury are also factored in here.

In some instances, especially in severe injuries, a partner or spouse might find their relationship with the injured individual strained. Compensation for this is categorized under loss of consortium, acknowledging the injury’s ripple effect on close personal relationships.

For those with severe injuries requiring prolonged treatment, rehabilitation and future care needs are an added financial strain. From ongoing care requirements to extended physical therapies, these anticipated expenses can be factored into the compensation.

Lastly, the skill and experience of the attorney representing the claimant cannot be stressed enough. A seasoned attorney, especially one experienced in back injury cases, can often negotiate more favorable compensation, particularly when dealing with insurance companies or arguing the case in court.

In summation, while back injuries and their implications are multifaceted, by understanding these key determining factors and aligning with a competent attorney, claimants can better navigate the complex terrain of compensation claims, ensuring they get what they rightfully deserve.

Contact Our Oakland Back Injury Lawyers Today!

If you or a loved one has sustained a serious back injury, you could be entitled to monetary compensation. Contact the Oakland back injury lawyers at Bracamontes & Vlasak for your free consultation. We are ready to fight for your legal rights today, so please call us at (415) 835-6777 for exceptional legal assistance.

Are There Limits On Wrongful Death Settlements In California?

If you lost a loved one in a car crash or other accident, only you can understand the pain you are experiencing. Suddenly, someone you count on daily is gone, and your life is in turmoil. While legal action might be the furthest thing from your mind, you may want to consider it if another person caused your loved one’s death.

You will learn below about essential aspects of California’s wrongful death laws, including limits on certain types of settlements. If you want to maximize your financial recovery in a wrongful death lawsuit contact the Oakland wrongful death lawyers at Bracamontes & Vlasak. We have an impressive track record of favorable settlements and verdicts. We are ready to put our formidable legal skills to work for you.

Caps On Wrongful Death Settlements In California

If you file a lawsuit for wrongful death in California, it is natural to wonder if there are caps on the settlement or verdict you can receive. Generally, there are no caps on wrongful death damages, with one exception for medical malpractice cases. In 2023, AB 35 took effect, increasing the cap for med mal wrongful death claims from $250,000 to $500,000. The cap is scheduled to increase $50,000 annually through 2033 to $1 million. Note that the bill is not retroactive and only applies to cases filed on or after Jan. 1, 2023.

Wrongful death cases other than medical malpractice, such as car accidents, and slip and fall mishaps, do not have any cap on damages. The amount of economic and non-economic damages recoverable in a wrongful death case depends on what evidence the loved ones present to the jury about the personal and economic relationship they had with the loved one who died. If you have additional questions about lawsuit damages, talk to one of our Oakland wrongful death lawyers at (415) 835-6777.

California Statute Of Limitations

Like every state, California has a statute of limitations for filing a wrongful death lawsuit. The wrongful death statute of limitations in California is two years from the date of the person’s death. Ensure that you retain an experienced wrongful death attorney well before the deadline. It is always best to retain an attorney early, so they can collect evidence and begin working on the case.

How A California Wrongful Death Attorney Can Help

If you lost a primary breadwinner in your home, you may lack the income to pay your mortgage or rent, utilities, food, college expenses, etc. An experienced California wrongful death attorney can review the case circumstances, determine how the death occurred, and determine if another party could be held liable. While a financial settlement or favorable verdict will not bring your loved one back, it could provide much-needed economic security and a sense of justice for your grievous loss.

You Can Count On Our Oakland Wrongful Death Lawyers

Losing a loved one in an accident is an agonizing ordeal that people rarely anticipate. If it happens, it can devastate you emotionally and financially. No amount of money will ever replace someone dear to you, but money in our system is a form of justice and you may be entitled to justice.

If another party caused the death, you should consider pursuing a wrongful death lawsuit to ensure your family is provided for. You can rely on the Oakland wrongful death lawyers at Bracamontes & Vlasak to fight for your rights and compensation. Call (415) 835-6777 for a free initial consultation today.

How Is Wrongful Death In California Proven?

California’s wrongful death laws allow a surviving family member to file a wrongful death claim to receive compensation when another person’s actions lead to the death of their loved one. Learn below how to prove wrongful death, and if you have questions about a case, the Oakland wrongful death lawyers at Bracamontes & Vlasak can answer them today.

California Wrongful Death Overview

A wrongful death claim can arise from many kinds of accidents, including car accidents, truck accidents, criminal activity, medical malpractice, and exposure to dangerous chemicals. Regardless of why the accident happened, you must prove the following to obtain compensation in a wrongful death claim in California:

  • Your loved one died.
  • The death was caused by someone’s negligence or another person’s intent to cause harm.
  • The surviving family suffered monetary damages because of the death.
  • A personal representative for the deceased’s estate has been appointed.

Proving wrongful death in California only requires you to show a preponderance of the evidence to determine liability. This is a lower standard than beyond a reasonable doubt, which is needed for a criminal trial.

Who Can File A California Wrongful Death Claim?

Those who can file a wrongful death claim in California are the deceased’s surviving spouse, domestic partner, children, and the issue of deceased children. Please consult a wrongful death attorney to determine who has standing to bring the wrongful death claim.

How Long Do You Have To File A Wrongful Death Claim?

California has a two-year statute of limitations for filing a wrongful death lawsuit, stating that you have two years from the date of the deceased’s death to file suit. If you fail to file the claim within two years, the family will probably lose the right to obtain compensation.

What Compensation Can You Receive In A Wrongful Death Lawsuit?

If your wrongful death lawsuit succeeds, you can receive economic and non-economic damages. Economic damages can include:

  • Any financial support the deceased would have provided to the family.
  • Loss of benefits or gifts that the family would have received from the deceased.
  • Funeral and burial expenses.
  • Reasonable dollar value of the household services that the deceased would have provided.

Non-economic damages may include the following:

  • Loss of the deceased’s companionship, love, care, comfort, assistance, protection, moral support, and affection.
  • The spouse’s loss of an intimate relationship with the deceased.
  • Loss of the deceased’s guidance.

There is no cap on wrongful death damages in California in most cases. However, one exception is the cap on damages for medical malpractice cases. For 2023, the medical malpractice damages cap was $350,000 for injuries related to medical malpractice that do not cause death and $500,000 for injuries that resulted in wrongful death.

Contact Our Oakland Wrongful Death Lawyers Today

Did you lose a loved one in an accident caused by someone’s negligence? You could be entitled to compensation for funeral and burial expenses, lost future earnings, loss of comfort, care and guidance, loss of inheritance, and more. Contact our Oakland wrongful death lawyers at Bracamontes & Vlasak. We are ready to fight for your rights today, so please call (415) 835-6777.

Who Can Sue For Wrongful Death?

The wrongful death laws in California allow certain family members to file a wrongful death claim to obtain compensation when a person’s or entity’s actions lead to the death of a loved one. You may be entitled to compensation in a wrongful death action whether the death was because of negligence, such as running a stop sign, or malice, as with a murder. Speak to our Oakland wrongful death attorney at Bracamontes & Vlasak for more information about the state’s wrongful death laws and your case.

What Is A Wrongful Death?

A California wrongful death claim can arise from many situations, including motor vehicle accidents, medical malpractice, workplace accidents, criminal activity, and more. To receive compensation in a lawsuit, you must prove the following:

  • A person died
  • The death was due to someone else’s negligence or desire to cause harm
  • The surviving family suffered financial losses because of the death
  • There is a personal representative for the deceased’s estate that has been appointed

Note that proving wrongful death only requires showing a ‘preponderance of the evidence’ to prove liability. This is a lower standard than needed to obtain a guilty verdict in a criminal case, which is ‘beyond a reasonable doubt.’

Who May Sue For Wrongful Death In California?

CCP 377.60 (a) in California states that the following parties may sue for wrongful death:

  • The deceased’s surviving spouse or domestic partner, and the issue of deceased children. If there is no surviving issue of the deceased, the persons – such as the surviving domestic partner or spouse – can receive the deceased’s property according to intestate succession. Intestate succession means a person who is authorized by the law to inherit the deceased’s property if the person died without a will.
  • The putative spouse, his or her children, stepchildren, or parents, if they were dependent on the deceased. According to the statute, ‘putative spouse’ means a surviving spouse of a marriage determined by the court to have thought in good faith it was a valid marriage.
  • A minor, if, when the deceased died, he or she resided for the previous six months in the deceased’s household and was a dependent for 50% or more of the minor’s financial support.

What Are The Available Damages In A California Wrongful Death Lawsuit?

If you are eligible to file a wrongful death lawsuit in California and receive a settlement or favorable verdict, you may be entitled to some or all of the following:

  • Medical expenses to care for the deceased before their death
  • Funeral and burial expenses
  • The amount of money the decedent would have earned if they had not died
  • Loss of financial support for the family members who survived
  • Loss of affection and companionship for the surviving family members

How Long Do You Have To File A California Wrongful Death Claim?

You have only two years from the death to file a wrongful death lawsuit in California. If the case is not filed in the appropriate court at that time, the family usually loses the right to file a lawsuit.

Contact Our Oakland Wrongful Death Attorney Today

If you lose a loved one in an accident because of someone’s negligence, the wrongful death laws in California protect you. You may be entitled to compensation for your terrible loss, so please contact our Oakland wrongful death attorney at Bracamontes & Vlasak, P.C., today at (415) 835-6777.

When Is An Independent Fire Investigation Important For A Lawsuit?

If you are a tenant and have a claim against your landlord for a fire, the fire investigation and evidence preservation are critical parts of the case. While many firefighters understand the basics of evidence preservation and will work to preserve the scene to a degree, their primary focus is on fire suppression and ruling out arson. An independent comprehensive fire investigation should often be conducted to determine the cause and origin of a fire with more specificity.

First, the fire investigation team must preserve evidence at the scene. This information is vital to understanding what happened and could be an essential part of a lawsuit. Learn more about fire investigations below, and speak to our California landlord-tenant attorneys if you need help with a claim.

Why Are Fire Scene Investigations Important?

The National Fire Protection Association (NFPA) offers extensive guidance for fire investigations. Following NFPA guidelines is critical to the investigation and a lawsuit. It also offers a strong foundation for fire investigators whose views on the fire could be challenged in litigation.

What Do Independent Fire Scene Investigators Do?

Fire investigators conduct their investigations within the NFPA 921 guidelines using a systematic approach to inspecting and documenting fire scenes. Investigators carefully study burn patterns, gather and preserve evidence, and document the fire scene. Independent fire investigators also perform comprehensive fire scene investigations, submit reports, and may offer expert testimony in a tenant lawsuit.

Additionally, fire scene investigators often reconstruct, as much as possible, the original condition of the structure, appliances, equipment, and vehicles. This allows them to determine how and where the fire started and understand what could have been altered, removed, or destroyed from the scene before the investigation started.

Pinpointing And Handling Physical Evidence

One of the investigator’s key roles is identifying and handling physical evidence. NFPA 921, Section 17.2.1 states that physical evidence is a tangible or physical item that may prove or disprove a fact or issue. Fire scene physical evidence can be critical to understanding the cause, origin, spread, and the person responsible for the incident.

Physical evidence could be smoke alarms, appliances, sprinkler systems, furniture, portions of burned structures, and machinery. This evidence could show charring or burn patterns that help investigators determine the origin and cause of the fire, which may or may not support a tenant lawsuit related to the fire. It is up to the investigator to decide which evidence must be gathered from the scene.

The Importance Of Evidence Preservation

After fire investigators collect evidence, the next step is to preserve it. NFPA 921, Section states that the responsibility for preserving evidence is with the police, firefighters, and fire investigators. However, improper evidence preservation by first responders and scene contamination could lead to the destruction or loss of physical evidence. This is why firefighter commanders, and later, the investigator should ensure the scene is secure and no unauthorized intrusions are allowed. If a party, such as a landlord, fails to preserve critical evidence of a fire, that could result in an adverse evidentiary presumption in court later.

An independent fire investigation is often critical for determining the cause of a fire, and a tenant claim or lawsuit may hinge on that determination. Working with a landlord-tenant attorney ensures a fire investigation is conducted to provide critical evidence for your case.

Contact Our Oakland Landlord Tenant Attorneys Today

If you are making a claim against your landlord for a fire, an independent fire investigation may be a critical part of the case. Tenants who need assistance with a fire claim or lawsuit should contact our Oakland landlord-tenant attorneys at Bracamontes & Vlasak today for a legal consultation at (415) 835-6777.

What Are Special Damages In A California Lawsuit?

Were you injured in an Oakland accident recently that someone else caused? California law states that every person who suffered injuries or losses because of another person’s unlawful act can receive financial compensation. Learn about special damages in this article, then speak to our Oakland personal injury lawyers at Bracamontes & Vlasak if you have a case.

Two Types Of Damages In A Personal Injury Lawsuit

There are two kinds of damages in a California personal injury case: general damages and special damages. General damages, also called noneconomic damages, includes pain and suffering and emotional distress compensation.

On the other hand, special damages, also called economic damages, refer to medical bills, lost earnings, and additional out-of-pocket costs stemming from the injury:

Medical Expenses

Special damages include medical expenses for the past and future. To prove your damages, you must show the medical costs were reasonably required because of the injury, and that you received them.

Medical expenses can be proven to the insurance company or in court by showing medical bills, the medical diagnosis, and medical records. Your Oakland personal injury lawyer can also call your doctor to testify about your injuries. Or, a medical expert witness can provide this critical testimony.

Remember that the medical bill amount that may be paid in a settlement might not be the total amount on the bill. Many health insurance organizations in California contract with other providers at a lower rate. Your attorney will negotiate the best costs for the medical services rendered. Even if you had insurance and your carrier paid your medical bills, you are entitled to compensation for medical specials because you own the policy and paid the premiums.

Lost Earnings

Lost earnings, lost future earnings, and the inability to earn a living are the other special damages in many personal injury lawsuits. Lost earnings include wages, commissions, bonuses, and other earnings and benefits you would have enjoyed if you were not hurt.

If you have a regular job, you may be entitled to receive this compensation because you could not be at work because of your injuries. Sufficient proof of lost earnings for traditional W-2 employees includes pay stubs, W-2s, and other documents that show your wage or salary.

Loss of future earnings includes what you would have earned at your regular wage or salary if the injury did not happen. This compensation includes benefits, such as Social Security, for lost time. Proving loss of future income requires you to show how long you will not be able to return to your job, and how much you would have earned absent the injury.

Your physician’s testimony usually proves how long it takes to return to your job. They should be able to offer their expert opinion, backed by medical evidence, about what will prevent you from going back to your old job or if and when you can return to work. An economist or other financial expert also can be called to testify to demonstrate what you would have earned.

Contact Our Oakland Personal Injury Lawyers Today

If you were injured in an accident in Oakland, Montclair, or Glen View, you might be entitled to compensation for your injuries and losses. Contact our Oakland personal injury lawyers at Bracamontes & Vlasak today at 415-835-6777 for a complimentary consultation. If another party caused your injuries, we will fight for the best personal injury settlement or take the case to court.

What Are The Most Common Brain Injuries In California?

California Brain Injuries

 You can get many types of injuries in an accident in California. But a brain injury is a severe injury that can affect the rest of your life or even be fatal. Common brain injuries in California are outlined below. If you or a loved one have a brain injury after an accident, contact our Oakland personal injury attorneys at Bracamontes & Vlasak, P.C., for assistance.


A concussion is the most common brain injury after a variety of accidents. A concussion is brain trauma that happens because of a sudden momentum change, impact, or change in direction or movement. Many concussions cause a loss of consciousness. However, you may have less severe symptoms, such as difficulty maintaining balance or confusion. If you watch NFL football this has been a big concern in the league with player safety.

Always seek immediate medical attention if you suspect you or a loved one has a concussion. The concussion could get worse, and even a brain bleed is possible.


A brain contusion is a bruise on the brain. This can happen when you have a severe blow to the head. Brain contusions are common in auto accidents and trip and fall cases. While many brain contusions will heal independently, they can also cause serious medical issues. For example, a minor contusion could lead to bleeding on the brain or blood clots.


Coup-contrecoup is a brain injury that causes trauma to both sides of the brain. For example, in a car accident, the brain can be thrown forward into the front of the skull, then rebounds and hits the back of the skull. Many violent car accidents cause serious coup-contrecoup brain injuries, which can lead to brain damage on both sides of the brain.

Acquired Brain Injury

This brain injury is not caused by a jolt or blow to the head. Instead, it is due to another problem in your body, such as a lack of oxygen, which is called an anoxic brain injury. A brain injury from a lack of oxygen can happen in a medical malpractice case, a fire case from smoke inhalation, near drowning, and other accidents when the brain is deprived of required oxygen or nutrients. There can be severe health consequences if the brain does not receive enough oxygen for a few minutes.

Diffuse Axonal

A diffuse axonal injury happens when the brain structure is torn because of head rotation in an accident. This is a severe kind of concussion; you could have serious headaches, seizures, difficulty walking or speaking, and even memory loss. In the most serious diffuse axonal injuries, severe brain injury can lead to coma or death.


This severe brain injury happens when an object penetrates the skull and brain. This is a relatively easy brain injury to identify because of the apparent external injuries. For example, in a car accident, a penetration injury could occur when your head hits something in the vehicle or a flying object penetrates the skull.

Contact Our Oakland Personal Injury Attorneys Today

If you or a loved one suffered a brain injury in a recent accident, you could be saddled with piles of medical bills and other financial difficulties. The attorneys at Bracamontes & Vlasak, P.C., may be able to obtain compensation for you in a personal injury lawsuit. Contact our Oakland personal injury lawyers for a complimentary consultation at  (415) 835-6777.

How To Prevent Head Injuries In Sports

Children and adults play sports for fun, relaxation, and exercise. But sometimes that fun can turn into tragedy when someone suffers a serious head injury on the field. While there is an understood risk of injury while playing sports, the team, league, coach, or school district must ensure the correct safety procedures are followed.

If you want to avoid head injuries in sports, the tips below will help. But if someone suffers a head injury while playing a sport, the Oakland personal injury attorneys at Bracamontes & Vlasak can help.

Concussion Protocols In Place In California

Most states today have concussion protocols to protect children and teens from head injuries during athletic events. For example, in California, public, private, and charter school students must have limited full-contact practices. Young players also must be removed from the activity if there is a concussion risk.

The school also should follow ‘return to play’ rules to ensure the athlete does not go back and play too fast. For example, a child diagnosed with a concussion cannot return to the sport without getting a medical clearance.

Tips For Avoiding Concussions

First, every student-athlete should wear the appropriate safety gear and helmet when engaging in most sports, such as football and baseball. Proper safety gear should also be worn for biking, rollerblading, skateboarding, skiing, and snowboarding.

Second, headgear is the most important thing to avoid concussions and head injuries. Make sure you always wear an approved helmet during sports that require them. You also should not take excessive risks just because you have on a helmet.

Coaches should teach athletes the correct techniques and skills to avoid head injuries. For instance, in football, it is imperative not to lead with your head when tackling. Keep your head up and lead the tackle with your shoulder, not your head or face.

 When Can You Go Back In The Game After A Head Injury?

The basic answer is when the doctor says you can play again. Concussions are problematic. You could feel like usual, but your behavior, thinking, and balance could be out of whack. Only your physician can tell if you can return to the field. Your doctor should provide you with a written order that you can go back to sports after your head injury is healed. 

You should see your doctor regularly after suffering a head injury in sports. The doctor will see if you still have symptoms and when or if you recover all of your concentration and memory. They also will watch that you do not have symptoms when sprinting, jogging, or doing sit-ups and push-ups.

Call Our Oakland Personal Injury Lawyer Now

If you or a loved one suffered head injuries playing a sport, you could have a pile of unpaid medical bills and significant stress and uncertainty in your life. However, in some cases, you may be able to file a personal injury lawsuit to recover damages. For example, if the school allowed your child to go back to the field too soon after a concussion, you could have a case. The Oakland personal injury attorneys at Bracamontes & Vlasak are ready to help, so contact our Bay Area attorneys today.

What Is A Policy Limit Demand In California?

Accidents can happen at any time and cause severe injury and monetary losses. In some cases, the accident will result in an insurance “policy limits demand” to the insurer covering the person or business responsible for your injury. In California, pending law changes will affect policy limit demands in Oakland and across the state. Please contact our Oakland personal injury attorneys if you need legal assistance involving policy limit demands after reviewing this article.

What Is A California Policy Limit Demand? 

It is well understood in California that an insurance company should accept a reasonable policy limits demand when there is liability and damages exceed the policy. The concepts of good faith and fair dealing in insurance contracts require the insurer not to expose their client to personal liability if a claim exceeds policy limits. 

California Code of Civil Procedure Sections 999-999.5

California Code of Civil Procedure sections 999-999.5, which takes effect on Jan. 1, 2023, establishes critical statutory requirements for making policy limit demands in the state. The purpose of the new law is to lay out guidelines for using time-limited demands within insurance policy limits to settle civil injury lawsuits for auto, motor vehicle, commercial, and homeowner premises liability claims before filing suit.

A time-limited demand means the following, according to C.C.P 999 (b) (2): “an offer before the filing of the complaint or demand for arbitration to settle any cause of action or a claim for personal injury, property damage, bodily injury, or wrongful death made by or on behalf of a claimant to a tortfeasor with a liability insurance policy for purposes of settling the claim against the tortfeasor within the insurer’s limit of liability insurance, which by its terms must be accepted within a specified period.”

The California statute, Senate Bill 1155, sets the following requirements when a claimant makes a time-limited demand. The demand letter must have the following attributes: 

  • It must be in writing.
  • It needs to be referred to as a time-limited demand.
  • It must provide a minimum of 30 days to accept the demand if it is delivered by email or 33 days by regular mail.
  • It should offer a clear demand to settle the claim within the insurance policy limits, and it must satisfy all liens.
  • It should offer a full release of liability for the incident.
  • It must provide the loss date, where the loss happened, and the claim number, if it exists.
  • It must offer a description of all known personal injuries that the claimant sustained.
  • Finally, it must offer proof of the civil claim and damages and can include medical bills and records.

When the insurance company receives the policy limit demand, it is authorized by the new law to ask for more information or clarification. Making such a request does not mean there has been a counteroffer or demand rejection. If the insurance company opts to reject the demand, the claimant must be informed in writing before the demand expires and the insurer must state its grounds for rejecting the demand. 

Contact Our Oakland Personal Injury Attorneys Now

If you were injured in an Oakland accident, you may be overwhelmed with bills and uncertainty. Perhaps you have lost months of income and have piles of medical bills on the table. What can you do regarding a policy limit demand in your case?

The Oakland personal injury attorneys Bracamontes & Vlasak, P.C., have the experience and knowledge to get you the compensation you deserve. Contact our personal injury lawyers for a complimentary consultation at  (415) 835-6777. Our attorneys serve people who have been injured in Oakland, the Bay Area, and Northern California.

Do I Have A Lawsuit?

Were you injured in an accident recently in Oakland? Just because you are hurt does not mean you have a valid personal injury claim. There are several factors to consider determining if you can sue someone for your losses after an accident. Have a question about your case? Talk to the Oakland personal injury attorneys at Bracamontes & Vlasak, P.C., to see if you have a possible injury claim.

Legal Requirements For A Valid Personal Injury Claim

Suppose you were hurt in an Oakland car accident near Lake Merritt or Jack London Square. If you were in an accident by yourself, it is unlikely you can sue another party for damages. However, they may have been negligent if someone else caused the accident.

Proving negligence means proving the following:

  • The other driver had a duty of care to drive safely. For example, drivers are obliged not to speed and stop at stop signs.
  • The driver breached their duty of care by, for example, running a stop sign and hitting your car.
  • The breach of duty led to your injuries and losses related to the accident. For example, you may have $10,000 in medical bills and two months of lost wages.

Your Oakland trial attorney will conduct a free consultation with you. They want to learn if the claim has merit. They will interview witnesses, review medical reports, and consult with accident reconstruction experts. You could have an actionable case if they can prove the other party was negligent.

Common Oakland Accidents That Lead To Personal Injury Lawsuits

Many accidents in Oakland could be the subject of a personal injury lawsuit:

  • Auto and tractor-trailer accidents
  • Construction accidents
  • Nursing home neglect and abuse
  • Product defects
  • Medical malpractice

It is possible to represent yourself in an injury claim or lawsuit, but hiring an Oakland personal injury lawyer is always preferable. Your attorney knows California laws for personal injury cases and can expertly negotiate with the insurance company. In addition, many lawsuits result in a settlement, so it’s essential to have an attorney who can haggle the most money from the insurance adjuster.

If you are concerned that the personal injury attorney will be too expensive, rest assured: The attorney will not be compensated unless they win your case or obtain a favorable settlement. Personal injury attorneys usually handle all legal expenses incurred during the case. They take their fees and costs out of your award. So, there typically are no out-of-pocket expenses.

Talk To Oakland Personal Injury Attorneys Today

If you have been injured in an Oakland accident, you could have unpaid medical bills, lost earnings, and terrible pain and suffering. What will you do to get your damages covered and obtain justice?

The Oakland personal injury attorneys Bracamontes & Vlasak, P.C., have the skills and experience to hold the liable party accountable for their actions. Contact our Bay Area personal injury lawyers to learn how we can get the most compensation for your injuries. Our attorneys serve injured clients in Oakland, the Bay Area, and Northern California. Please call (415) 835-6777 for a complimentary consultation.