39899 Balentine Drive
Fremont, CA 94560
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At some point in your life, you probably suffered an injury (or injuries) in an accident. Perhaps you tripped on a sidewalk, had a minor fender bender, or fell off of your bike. In most cases, accidents are just that – but when someone else caused your injuries, you may be able to get money for your losses.
Under California law, injury victims can seek compensation for the harm that another person has caused them – even if the other person did not act intentionally. A personal injury lawsuit allows a person to recover compensation for their medical expenses, lost wages, pain and suffering, and more.
As experienced Fremont personal injury lawyers, we are dedicated to helping accident victims get the maximum compensation for their losses. We will stand by your side throughout the process, starting with a free initial consultation. Because our law firm handles personal injury cases on a contingency fee basis, you pay nothing upfront – and we only get paid if we recover money for you.
What Is Personal Injury Law?
When a person is injured due to the action or inaction of another person, they can file a civil lawsuit against the wrongdoer and seek money (damages) for all of the losses that they suffered as a result. This field of law is known as personal injury law or tort law. The goal of the personal injury field is to ensure that injury victims are compensated when they suffer harm due to another person’s negligence or intentional conduct.
Most personal injury cases are based on a theory of negligence, which is the failure to use the care that a reasonable person would use in a similar situation. Some personal injury cases are governed by a legal concept known as strict liability, where an entity or individual can be held responsible regardless of their culpability. Finally, an injury victim may bring a personal injury lawsuit against someone who intentionally harmed them.
Our law firm represents people throughout the Bay Area who have been hurt in all types of accidents. Our practice areas include:
- Car accidents
- Slip and falls (premises liability)
- Dog bites
- Boating accidents
- Dangerous and defective products (product liability)
- Motorcycle accidents
- Bus crashes
- Pedestrian accidents
- Truck collisions
- Plane crashes
- Train accidents
- Medical malpractice
- Bicycle accidents
Our law firm also represents the loved ones of accident victims who died as a result of their injuries. Wrongful death lawsuits may allow surviving family members to recover money for their losses when the accident was caused by another person.
No matter how our clients were injured, we aggressively advocate for their right to compensation. We thoroughly investigate the facts of the case, research the applicable California law, and use our significant legal experience to negotiate a settlement with the insurance company. When necessary, we take our client’s case to trial to ensure that they get the money that they are entitled to under the law.
How Can I Get Money for My Injuries?
An accident can result in serious injuries, and may even cause death. Injury victims often face emotional trauma, physical pain, and financial distress after they are hurt. A legal claim may help them become “whole” again.
Most personal injury lawsuits start with a free consultation with a Fremont accident lawyer. If you decide to work with the law firm, then your attorney will begin to investigate your case. From there, they will submit a demand letter to the insurance company; this typically starts the negotiation process.
You may be entitled to a range of damages for your losses. Depending on the facts of your case, these damages may include economic damages, non-economic damages, and punitive damages:
- Economic damages are meant to compensate an accident victim for their direct financial losses. They may include compensation for past medical bills, future medical care, lost wages, and reduced earning capacity.
- Non-economic damages address intangible losses that can be more difficult to quantify. Examples of non-economic damages include loss of enjoyment of life, emotional distress, scarring, disfigurement, and pain and suffering.
- Punitive damages are meant to penalize a wrongdoer for intentional or reckless conduct and to deter others from engaging in similar conduct. They are rarely available in personal injury cases but may be permitted in certain situations, such as when a repeat drunk driver causes an auto accident or when a company knew that their product was defective but continued to sell it.
Your personal injury lawyer will collect and analyze evidence to put together a strong claim for damages. The amount of compensation that you recover will be based, in part, on the nature and severity of your injuries. We represent clients who have suffered all types of injuries, including:
- Traumatic brain injury
- Broken bones
- Internal organ damage
- Spinal cord injuries and/or paralysis
- Soft tissue damage
- Neck injuries
The majority of California personal injury claims are settled without going to trial. However, if the insurance company denies your claim or attempts to minimize your damages, your lawyer may advise you that the best course of action is to take the case to trial. There, your attorney will present evidence and make arguments to a judge or jury, asking them to find in your favor.
I Was Partially to Blame for the Accident. Can I Still File a Claim?
Yes. Under California’s comparative fault law, injury victims can still recover compensation for their injuries even if they were partially at fault. Their total recovery will be reduced that they were to blame.
For example, another driver sideswiped your vehicle because they did not look before changing lanes, causing you $50,000 in damages. However, you were distracted at the moment of the accident because you were looking at your phone. A jury finds that you were 10% at fault for the crash. Your total recovery will be reduced by 10%, or $5,000, to $45,000.
These types of cases can be complex, particularly if multiple parties are involved. If you have been in an accident, reach out to an experienced California personal injury lawyer for a free consultation on your claim.
How Long Do I Have to File a Lawsuit?
California has a two-year statute of limitations for personal injury claims. With a few exceptions, such as for minors and for situations where you did not discover the injury until later, if you do not file a legal claim within this time frame, you will not be able to do so.
The statute of limitations may seem harsh, but it serves an important purpose. Over time, evidence is lost and witnesses’ memories fade. Consulting with a personal injury attorney as soon as possible after an accident can help you protect your rights.
Can’t I Just Settle the Case By Myself?
It is possible to handle a personal injury claim on your own, particularly if the accident was minor and you did not suffer serious injuries. However, doing so can be risky and may result in a much lower settlement than you would otherwise receive.
The goal of an insurance company is to maximize profits, not pay out the full value of claims. To achieve that goal, insurers often have teams of lawyers and adjusters to minimize or deny legitimate claims. Having an attorney of your own can help you level the playing field and ensure that you get the maximum compensation that you are entitled to under California law.
Hurt in an Accident? We Are Here for You.
If you have been hurt in a fall accident, car crash, bus collision, or any other type of accident in Alameda County, we are here for you. We will work with you to help you get the compensation that you deserve for your injuries.
With multiple law offices in the Bay Area, the Kuvara Law Firm is well-positioned to help injury victims throughout Northern California. Our legal team has more than 45 years of experience and puts their knowledge of personal injury law to work each day to help our clients get the maximum possible recovery. To learn more or to schedule a free initial consultation with a Fremont personal injury lawyer, call us today at 510-839-0400 or fill out our online contact form.