Do I Have A Lawsuit?

• Posted on: January 9, 2023

• Personal Injury Attorney

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.