Oakdale Car Accident and Personal Injury Lawyer
Oakdale, California, is a community of about 23,000 residents in Stanislaus County. State Route 108 and Route 120 intersect in this city, making it ideal for residents and visitors who enjoy trips to Yosemite National Park.
There has been a housing and retail boom in the area in recent years. With such growth may come the potential for catastrophic accidents that may result in emotional, physical, and financial hardship. In such situations, an experienced Oakdale personal injury lawyer can help obtain the compensation an injured person needs while focusing on recovering from their injuries.What is a Serious Personal Injury?
A personal injury is any harm a person suffers due to someone else's wrongful, careless, or negligent acts. Our law office handles cases involving severe injuries, such as:
- Bicycle Accidents
- Boating Accidents
- Car Accidents
- Defective Products
- Medical Malpractice
- Motorcycle Collisions
- Pedestrian Accidents
- Premises Liability
- Products Liability
- Trucking Crashes
- Wrongful Death
Negligence is a theory of personal injury law. It holds a person responsible for failing to act safely and prevent harm to others. To recover compensation in a personal injury case, an injured person must prove four elements of negligence. These include:
- Duty of Care: The responsible party owed a duty of care to the injured person
- Breach of Duty: The liable person breached or violated that duty of care
- Causation: The violation was the proximate cause of the accident and subsequent injuries
- Damages: The injured individual suffered physical, emotional, and financial harm
Damages in a personal injury case are meant to compensate the injured person for their financial and intangible harm. Depending on the type of injury and accident, the following may be recovered:
- Disfigurement: Scarring or disfigurement may result from a crash. Such trauma may be cosmetic, while others may involve the loss of a limb. Those who have suffered a disfigurement may be able to seek reimbursement for the embarrassment and humiliation associated with the trauma. Conversely, any out-of-pocket expenses related to cosmetic surgery may also be reimbursed.
- Emotional Distress: An injury from an accident may cause emotional distress. This may manifest through the forms of psychiatric trauma, recurrent nightmares, and insomnia. Diagnostic or psychiatric records of post-traumatic stress disorder (PTSD) can help prove a claim for emotional distress.
- Medical Expenses: A personal injury case generally involves compensation for medical expenses, including costs of past and future medical care related to the accident. Future projected medical expenses may include psychological treatment, nursing, or other long-term care if the incident caused permanent disability.
- Loss of Consortium: When a person suffers a catastrophic injury in an accident, the effects often affect their uninjured spouse. In California, it may be possible for the injured party's spouse to recover compensation for loss of consortium. This damage may cause the loss of intimacy, support, companionship, and home services provided by the injured person. The inability to conceive children may also be claimed in some cases. This depends on the type and severity of the injury suffered.
- Lost Wages: Injuries suffered in an accident often require time away from work to recover from. Wage loss, including any wages that would have been earned over the remainder of the injured person's lifetime, can be substantial. This is especially true for those with permanent injuries or disabilities. Expert testimony from a medical provider and economist may be necessary to establish the value of future lost wages.
- Pain and Suffering: Damages for pain and suffering refer to the emotional anguish and physical pain caused by a collision. Determining the value of such damages is subjective since each individual has a different pain threshold.
- Property Damage: If personal property was damaged due to the accident, the injured person might seek reimbursement for repairs or replacement of those items. For instance, an injured pedestrian may be reimbursed for their clothing, watch, or glasses damaged in the collision.
- Punitive Damages: In California, punitive damages are awarded under specific circumstances. Unlike economic and non-economic damages, punitive damages are intended to punish the wrongdoer. These are generally awarded at the discretion of the judge or the jury. They are usually available in cases involving egregious acts, such as driving under the influence.
Specific factors may affect the value of a personal injury claim. To learn what these are, watch the below video. If you have questions about your case, contact an experienced Oakdale auto accident attorney.Who Pays for a Personal Injury Claim?
The focus of insurance companies is on their bottom line. This means they want to pay as little as possible for claims or deny them altogether. Insurance claims adjusters may use tactics to dispute liability for a case. In such cases, you deserve an experienced Oakdale car accident lawyer focused on your best interests. An attorney has the skills and experience to build your case, negotiate with insurance companies, and take your case to trial if necessary.Is There a Time Limit for Personal Injury Claims?
The statute of limitations enforces a strict time limit for which a personal injury claim must be filed. Each state has different deadlines. Under California Code of Civil Procedure Section 335.1, an injured person has two years to take legal action against a negligent party for an accident. If a case involves negligence on the part of a government entity, a personal injury lawsuit must be filed within 180 days or six months from the date of the incident. This is by California Government Code Section 911.2. Filing a claim after the deadline may result in the court dismissing the case, and the right to recover compensation may be lost.How Much Does It Cost to Hire a Lawyer?
Some people may think that hiring an attorney may come with a high cost. However, most personal injury lawyers handle cases on a contingency fee arrangement. Under this agreement, injured people do not have to worry about making payments or paying hourly fees when their case is proceeding through litigation. A contingency fee is paid out of the case proceeds after a fair settlement has been reached. This will either be through the insurance company or following the favorable conclusion of a jury trial. Conversely, a successful verdict or settlement may only be obtained with the right personal injury lawyer handling the case.What Are the Qualities of a Good Oakdale Personal Injury Attorney?
Choosing the right lawyer to handle your personal injury case can be overwhelming. It can distinguish between receiving fair compensation and not facing those expenses alone. While many injury lawyers in California offer to accept personal injury cases in Oakdale, here are a few things to consider when looking for an attorney:
- Pick an attorney that cares about the needs of you and your family
- Choose an attorney who practices personal injury law exclusively
- Select a lawyer that has a history of taking cases to trial
- Choose an attorney with a track record of verdicts and settlements
Which intersections in Oakdale are the most dangerous?
Some of the busier areas of Oakdale have seen a higher rate of catastrophic accidents than others. These include:
- Davitt Avenue and H Street
- F Street and Gilbert Avenue
- Johnson Avenue and SR 120
- Maag Avenue and F Street
- Route 120 and Maag Avenue
- School Avenue and F Street
- Stanislaus Avenue and SR 108
- Stearns Road and F Street
- Yosemite Avenue and J Street
- Warnerville Road and Yosemite Avenue
Suffering catastrophic injuries in an accident may be devastating, both physically and financially. When those injuries were caused by negligence, the injured individual may recover compensation for their losses. If you or a loved one has been injured in an accident through no fault of your own, please call our Oakdale personal injury attorneys at (209) 227-1931 or toll-free at (800) 404-5400 to receive free, friendly case advice.
Editor's Note: updated 11.15.23 Image Source: "12019," "Free-Photos ds cha [cs 1349]