Personal injury is an umbrella term covering many types of harm that can befall an individual. The injury is due to negligence by another person. Here are some common accident cases we handle:

• Car Accidents
• Bus Accidents
• Pedestrian Accidents
• Amputations
• Bicycle accidents
• Roadway Defects
• Traumatic Brain Injuries
• Products Liability
• Wrongful Death
• Trucking accidents
• Motorcycle Collisions
• Nursing Home Abuse
• Pesticide injury
• Medical device injury
• Dog Bite Injuries
• Boating accidents
• Electric scooter accidents

The two basic types of personal injury damages are called economic and non-economic. 

• Economic damages relate to actual losses the injured party experiences, including medical bills and lost wages. Even contract workers can claim the money they earned had the accident not happened.
• Non-economic damages are personal losses such as pain and suffering. Since no two people are affected by physical pain in the same way, each case must be dealt with individually. This category considers the loss of joy a person experiences, such as carrying one’s child. The loss of doing daily tasks involved in self-care or taking a walk is also included. Psychological and emotional pain are other forms of non-economic damage.

Since negligence is the cornerstone of personal injury lawsuits, proving it is vital for any case. There are four elements of negligence. They are:

• Duty of care: Proof must be provided that the person who caused the accident was responsible to the injured person to use care, not to cause harm. For example, all drivers follow traffic laws to protect others who share the road.
• Breach of duty: The next level in establishing negligence is to prove that the person who caused the accident (the defendant in a lawsuit) failed to fulfill this duty. This can refer to a driver speeding or driving drunk despite the laws contrary. Other irresponsible actions include being distracted, failing to maintain a vehicle, or being aggressive on the road.
• Causation: It is necessary to prove that the driver’s breach of duty caused the accident. For example, if another driver is texting while driving and hits your vehicle, that driver is liable for your injuries. However, what if the accident was caused by faulty brakes on your car due to a manufacturer’s defect? The driver would not be liable because their actions had nothing to do with the accident. However, the manufacturer could be held responsible for the accident.
• Damages: The final element of negligence your Gold River personal injury lawyer must prove is that the accident caused damages and financial loss. The damages must be related to the accident. For example, if a reckless driver caused an accident, but the injuries were caused by another accident one week earlier, there are no damages. The defendant’s attorney often says that the injuries a plaintiff (injured person) claims were not caused by their client’s lack of care. The plaintiff’s attorney will counter that argument with proof that the injuries are related to the current incident.

It is essential to file a claim before the time runs out. In California, an injured party has two years to claim damages in most cases. If the injury is discovered later, the plaintiff has one year to file. This is referred to as the statute of limitations. Property damage must be claimed within three years of the accident’s date.

If an injury is due to the lack of care by a government entity, the time limit is shortened. In such cases, the injured party has six months since the accident occurred to file the claim, and the government entity has 45 days to respond. If the claim is denied, the plaintiff has six months to file a lawsuit from when the denial was mailed. However, if a rejection letter is not received, you have two years to file a lawsuit from the date of the injury. Sometimes, the length of time can be halted for some time. This is called the tolling of the statute of limitations. Your Gold River auto accident attorney will ensure that all claims are filed within the limit.

Our California accident attorneys from AutoAccident.com work on a contingency fee basis. Our attorney’s work fees are paid only after successfully completing your case. If the outcome of the matter is not favorable to you, we will not get paid. This is helpful to a client since paying legal fees upfront would be complex for some clients due to the monetary losses an accident involves.

After being involved in an accident, selecting an attorney that is a good fit for you and your case can be challenging. There are ways for you to do this:

• Look for a lawyer who has dedicated their practice to personal injury. 
• Look at reviews provided by former clients and the attorney’s peers.
• Retain a lawyer who is responsive to your calls.
• Engage an attorney with the resources to investigate your accident and take the case as far as possible. Since payment is made only if you win, this is an essential element in choosing your Gold River personal injury attorney.

Watch the following video to learn how to choose the best personal injury lawyer for your case.

It is essential to consult with an experienced Gold River personal injury lawyer when you are hurt in an accident. You will receive free and friendly advice when you call (916) 921-6400 or (800) 404-5400. You can also reach out to us online.

Since 1982, our legal team has helped Gold River and Northern California residents obtain fair compensation for personal injury and wrongful death cases.

^{Editor’s Note: updated 4.18.23 Photo by Dhyamis Kleber from Pexels cd cha [cs 1240]}