Lincoln Village is a growing community near Stockton, located in San Joaquin County in California’s Central Valley. This area is becoming popular, only 50 miles from Sacramento with its suburban feel and easy access to Interstate 5 and San Joaquin Delta College. With a population of 4,381, it is considered home for families and young professionals.

Even in a small community like Lincoln Village, accidents can still happen. When caused by someone else’s negligence, the injured party may file a personal injury claim to recover subsequent losses. Call our law firm today at (209) 227-1931 or (800) 404-5400 for a free case evaluation.

People who suffer injuries in an accident caused by the fault may have the right to seek compensation for their losses. They must prove that the actions of another individual or entity caused the incident and injuries.

While establishing liability is necessary for a personal injury claim, showing the extent of damages is also essential to obtaining a favorable outcome. Based on the nature of the collision and injury, the injured person may be able to claim compensation for the following:

• Economic Damages are direct financial losses for the injured person and their family. They include past and future medical expenses for reasonable and necessary treatment, income lost during recovery, and future earning potential due to a permanent disability.
• Noneconomic Damages: These are often difficult to equate into monetary sums as they generally refer to emotional trauma. They include a family’s loss of emotional support and companionship, loss of enjoyment or quality of life, loss of consortium for a spouse, disfigurement, and pain and suffering.
• Punitive Damages: When a person is injured in an accident caused by an egregious act, they may be eligible to recover punitive damages. These are also exemplary damages awarded when injuries were caused by another person or entity’s intentional misconduct or gross negligence. These are designed to punish the responsible party for the negligent acts and deter others from committing such conduct.

To recover damages in a personal injury case, the injured individual must provide a burden of proof for the following:

• The negligent party owed a duty of care to the injured person
• The at-fault party breached this duty of care in some way
• The claimant suffered injuries in the incident
• This breach of duty was the exact cause of the individual’s trauma

Not every personal injury case is straightforward. Sometimes, an insurance company may falsely pinpoint an injured person’s fault to avoid paying a larger settlement. Since California is a comparative fault state, this may reduce the compensation the injured party may be entitled to otherwise.

For this reason, having an experienced injury lawyer at your side is essential. An attorney can examine the facts and circumstances of the case to properly determine liability and obtain the compensation you need and deserve to cover your losses.

Watch the video below for details on what to look for in a reputable lawyer.

Most injury attorneys handle cases on a contingency fee basis. This means that a client will not face any upfront costs. The attorney will only be paid if a favorable outcome is obtained.

The other driver’s insurance company called me. What should I do?

You should avoid speaking directly with an adjuster from the other driver’s insurance company. They may use anything you say over the phone against you to reduce the value of your claim or deny it altogether.

If they contact you, politely decline to discuss your personal injury claim and direct them to speak with your Lincoln Village car accident lawyer or insurance carrier.

What if the at-fault motorist does not have insurance?

Unfortunately, it is widespread to come across drivers who do not have car insurance in California. If the motorist who caused the accident is uninsured, you may still take other avenues to recover the compensation you need.

You may be able to file a claim for damages through your own insurance provider so long as you have uninsured/underinsured motorist coverage. This helps pay for losses incurred in a collision with a driver with little coverage. It may also provide reimbursement for damages resulting from a hit-and-run accident.

How much time do I have to file a personal injury claim?

A person must file a personal injury claim for a specific length of time. This is known as the statute of limitations. In California, a person has a two-year window to file a lawsuit from the accident date. However, this period can change under certain circumstances.

In the case of a minor, they have two years to file after turning 18 years old. The statute is reduced to 6 months or 180 days for claims involving government negligence, such as road defects.

The diagnosis of a traumatic injury should always be taken seriously after a car wreck. It is essential to consult with an experienced Lincoln Village personal injury attorney as a first step.

Some of the ways an injury lawyer can help include reviewing accident records to ensure details are appropriately documented and communicating effectively with insurance companies. This way, the attorney can assist the injured party and their family in recovering damages related to the collision. If this situation applies to you or your loved one, do not hesitate to ask for help when needed.

Coming to terms with the aftermath of an accident is never easy. Not only do you have to think about your medical treatment, but you also have to deal with the financial concerns of your injuries and their effects on your loved ones. If you or someone you love has been injured in an accident through someone else’s negligence, our Lincoln Village personal injury attorneys are here to provide free, friendly case advice. Please call us at (209) 227-1931 or toll-free at (800) 404-5400.

^{Editor’s Note: updated 11.13.23 Image Attribution: “RawPixel” via Pexels ds cha [cs 1041]}