Call today to schedule a free initial consultation

Phone :415.835.6777

Our Recent Blogs

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.

Will I Have To Go To Court If I File A Lawsuit?

If you have been in an accident caused by another party, you are likely saddled with piles of medical bills, debilitating pain, and lost work time. You need compensation for your injuries and wonder if you must go to court if you file a California personal injury lawsuit.  

Many personal injury lawsuits never go to court because the plaintiff’s attorney settles with the insurance company. However, having your case reviewed by an Oakland personal injury attorney is essential to obtain a better idea if your case can settle before a trial. Learn more below about settling or going to court if you file a lawsuit.

Going To Court In California Is Unlikely But Possible

When you are injured, going through a trial for weeks or months to get compensation can be daunting. You have so many personal, emotional, and financial issues to confront that you may not want to deal with going to court.

While about 90% of Bay Area personal injury claims settle, it’s best to have a lawyer who is prepared for trial in order to leverage a fair settlement. More aggressive trial lawyers like the lawyers at BV Law go to court more often than other firms because they expect better results for their clients. While your personal injury attorney will most likely be able to reach a fair settlement with the defendant’s insurance company before trial, beware of firms that never go to trial because they will have to take whatever the insurance company offers on your case. 

Insurance companies are usually reluctant to offer you a fair settlement, at least right away. That is why they are rich and a lot of people are not. It is essential to work with a personal injury attorney with the skills and experience to win your case in court, if necessary. 

Also, there is a difference between making a pre-litigation demand and settling a case after filing a lawsuit. Your lawyer should explain the differences and choose the right strategy for your situation, whether that be a pre-litigation demand, settlement after filing suit, or jury verdict.  

Why You May Want To Go To Court

If you go to court and the jury finds in your favor (i.e., if you win), you will probably get more compensation than a settlement. A settlement is usually a compromise to avoid risk. On the other hand, juries can favor personal injury victims when they were harmed by a bad actor or large corporation engaged in unfair business practices. 

Your case also can bring light and public attention to a social issue that can bring about social change. You may have public policy reasons for a trial, as many settlements entail confidentiality. 

Why You May Want To Settle

Many lawsuits settle before trial because the plaintiff’s and defendant’s attorneys know that going to court is risky. The process can take months, critical evidence could be thrown out, or the decision could be appealed. That is why fewer lawsuits have gone to trial in recent years. As a result, settlements can be less risky and expensive and provide a speedier resolution of your claim.

Contact An Oakland Personal Injury Attorney Today

Many lawsuits result in a settlement before the trial begins. The boutique law firm Bracamontes & Vlasak, P.C., possesses the experience and approach to maximize your personal injury settlement or award. Whether you settle or go to trial, their litigation attorneys are ready to help you.

Contact our Oakland personal injury attorneys at Bracamontes & Vlasak, P.C., to learn how they can help you with your injury case. Attorneys Michael Bracamontes and Ryan Vlasak serve Oakland, the Bay Area, and Northern California and will fight for your legal rights. Please call (415) 835-6777 to set up a free consultation.