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california personal injury attorneys​

Putting the “Personal” back in injury law​
california personal injury attorneys

Accidents are incredibly common in the United States. According to the Centers for Disease Control and Prevention (CDC), unintentional injuries account for 39.5 doctor’s office visits and 29.4 million trips to the emergency room each year. On average, approximately 170,000 people die annually from accidental injuries.

Sometimes, accidents are just that, and no one is to blame. But if someone else is responsible for your injuries, then you may be able to file a personal injury lawsuit against them. The at-fault party may be responsible for the losses that you suffered, including medical bills, lost wages, property damage, and pain and suffering.

At Kuvara Law, we represent accident victims throughout the Bay Area. With significant experience in the field of California personal injury law, we are dedicated to getting our clients the most possible compensation for their losses. Our law firm offers free initial consultations, and we never charge a fee unless we recover money for you.

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How Long Can You Wait For Fair Compensation?

You have bills that need to be paid now. Do you want to wait months or even years of litigation to get the money you need to pay them? Do you want to endure the harassing calls of debt collectors? Do you want to be pushed to the verge of bankruptcy?

Or do you want fair compensation now?

At the Kuvara Law Firm, our lawyers are committed to getting fair compensation fast. If you look at our record, you will see that we tend to recover settlements far faster than our competitors, without sacrificing dollars. We consistently get fair settlements from insurance companies without the need for stressful and lengthy litigation and trials.

The Myth Of Personal Injury Litigation

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Some law firms would have you believe that drawn-out litigation is necessary in order to receive full compensation in a personal injury claim, and that patience is a critical ingredient in these cases. But patience does not pay your bills.

The truth is that claims can be settled fairly in the pre-litigation stage, and we have proven this time and time again.

You may find this difficult to believe, particularly if you have already started dealing with the insurance company. Lost paperwork, lack of responses and outright denials are common. If you did get offered a settlement, you likely saw that it was far lower than your case is worth. With the insurance company working so hard to avoid or minimize payment, how is it possible to get the money you deserve without going through litigation?

Here’s how it is possible: We get to work immediately and do not stop until we are done. We rely on sophisticated technology and negotiation skills honed over the course of more than four decades. We draw from vast knowledge of the law, and an insider’s perspective on the insurance industry, thanks to our founding attorney’s background as an insurance adjuster. We present a clear case to our opponent, and we get meaningful results.

Of course, we are also prepared for those instances when litigation is absolutely necessary. We can and will go to court to do what is right for you.

The Myth Of Personal Injury Litigation

Headquartered in San Rafael with law offices throughout Northern California, we handle the following types of personal injury claims statewide:

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No case is too big or too small. We frequently handle claims involving brain injuries, neck injuries, back injuries, loss of limb injuries, broken bones and more. We also stand up for family members who have lost loved ones in fatal accidents.

How do I prove that someone was to blame for my injury?

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 In order to prove negligence, you must make sure that all of the elements are true. These elements are vital to ensure that your case will be successful in court.

Duty

In order for a claim to be successful, it must be shown that the person or business that is being blamed for the injury had some type of duty that needed to be fulfilled.

Breach of duty

It must also be shown that this duty that needed to be fulfilled towards you was breached. A duty can be breached if the defendant fails to exercise the reasonable amount of care that was needed in the situation

Cause in fact

Typically, you must also prove that specifically because of this duty being breached, the accident was caused.

Proximate cause

Proximate cause is whether the defendant could have foreseen the outcome of his or her negligence beforehand. If the accident was out of scope, they have a lesser degree of responsibility for the negligence.

Damages

You must prove that damages in the form of physical pain or suffering were caused as a result of the incident. If all of these elements can be satisfied, it is likely that a negligence claim will be successful.

Types of Cases We Handle

Personal injury law is a broad category that includes a range of cases. From our main office in San Rafael, we represent clients who have been injured in:

We also represent Californians in wrongful death lawsuits, which may be brought after a loved one is killed in an accident or another wrongful act.

Each personal injury case starts with a free case evaluation. During this consultation, we will listen to your story and offer you advice on your rights and options for moving forward with a claim. If you choose to work with our team of California personal injury lawyers, we will immediately start with an investigation into the facts and circumstances of the accident.

These investigations are crucial to determining who was at fault for your injuries. We will review police reports, photos and videos, and witness statements. We will also work with auto accident reconstruction experts, question witnesses ourselves, and seek out additional evidence from other sources.

Once we have gathered this information, we will put together a demand letter to the insurance company. This letter outlines how the accident occurred, why their insured is responsible and requests financial compensation for your injuries. This typically starts the negotiation process, with the insurer responding with a counteroffer.

Most personal injury cases are resolved through settlement. However, if the insurance company won’t offer you a fair amount for your losses, then we will file a lawsuit and prepare your case for trial. As a personal injury law firm, we have significant experience taking cases to trial — and getting a jury verdict in our clients’ favor.

At Kuvara Law, no case is too big or too small. We frequently handle claims involving brain injuries, neck injuries, back injuries, loss of limb injuries, broken bones, and more. We are fierce advocates for our clients and will work hard to get them the compensation that they deserve.

Determining Fault in a California Personal Injury Case

In California, personal injury claims are typically based on a theory of negligence. This is a legal term that essentially means a failure to act with the care that a reasonable person would use in a similar situation. Negligence has four elements:

  1. Duty: the at-fault party (defendant) owed the victim (plaintiff) a duty of care.
  2. Breach: the defendant breached (violated) that duty in some way.
  3. Causation: the breach was the proximate, or but for, cause of the plaintiff’s injuries.
  4. Damages: the plaintiff suffered losses.

The plaintiff has the burden of proof to prove negligence in a personal injury lawsuit. Depending on the facts of the case, this may be relatively straightforward. In other cases, such as multi-vehicle car accidents, it can be more challenging.

Under California law, the theory of negligence per se may also be available. Under this doctrine, the defendant will be presumed to be negligent as a matter of law when:

For example, if a drunk driver slam into your vehicle, causing you substantial injuries, they may be presumed to be negligent. California has strict driving under the influence of laws, which are designed to protect other drivers. As such, negligence per se may be applied in this case.

In any California personal injury case, you may be entitled to damages for your losses, including:

These types of damages are considered to be compensatory because they compensate you for a tangible or intangible loss. In rare cases, punitive damages may also be available. Punitive damages are meant to penalize a wrongdoer and deter others from engaging in similar conduct, so they are generally only awarded in cases where the defendant engaged in reckless or intentional conduct.

Will I Have to Go to Trial?

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The vast majority of personal injury lawsuits are resolved without the need to go to trial. In fact, according to data from the Department of Justice Bureau of Labor Statistics (BLS), only 3% of personal injury claims are decided by a jury.

Kuvara Law understands that many of our clients are in a tough spot financially after an accident. You may be facing ongoing medical treatment, mounting medical bills, lost wages, and more as you struggle to recover from your injuries.

Some law firms would have you believe that drawn-out litigation is necessary in order to receive full compensation in a personal injury claim, and that patience is a critical ingredient in these cases. But patience does not pay your bills.

Most claims can be settled fairly in the pre-litigation stage — a reality that we have proven time and time again.

You may find this difficult to believe, particularly if you have already started dealing with the insurance company. Lost paperwork, lack of responses, and outright denials are common. If you did get offered a settlement, it was probably for far lower than your case is worth. With the insurance company working so hard to avoid or minimize payment, how can you get the money you deserve without going through litigation?

Here’s how it is possible: through effective, efficient, knowledgeable legal representation.

We get to work immediately and do not stop until we are done. We rely on sophisticated technology and negotiation skills honed over the course of more than four decades. We draw from the vast knowledge of the law, and an insider’s perspective on the insurance industry, thanks to our founding attorney’s background as an insurance adjuster. We present a clear case to our opponent, and we get meaningful results.

Of course, our legal team is also prepared for those instances when litigation is absolutely necessary. We can and will go to court to do what is right for you.

 

What Makes a Successful Personal Injury Lawyer?

If you are in a situation where you have sustained a personal injury and are now in search of a reputable lawyer, you are probably giving serious thought to which personal injury lawyer you want to hire to represent you. And as easy as it might be to quickly search the internet for lawyers in your area, you will probably find yourself faced with too many choices, while in the midst of the aftermath of the accident. You don’t have the time, energy nor knowledge of who you can trust to represent you.

The good news in all of this is that the circumstances of an accident easily lends itself to finding a good attorney since, obviously, you probably weren’t counting on needing an attorney when the situation occurred. As contradictory as it sounds, it is always a good idea to contact a personal injury attorney as quickly as possible after the occurrence of an accident as you can, since not doing so can result in losing out on rights that you are entitled to.

The bottom line, however, is that when you begin the process of interviewing lawyers who you might consider hiring, the first thing most of them will do is speak with you about your case and the prospects of winning a judgment or a settlement. Rest assured that in this process you will hear a lot of opinions as to whether you have a good case or not, but what makes a great personal injury lawyer? One telling clue is that a lawyer will give you a comparison of your case with others that he or she has handled in the past.

Hurt in an Accident? We’re Here to Help.

Being hurt in a motor vehicle accident, slip and fall, or any other type of accident can be incredibly traumatic. In the aftermath, you want to focus on getting better — not dealing with insurance adjusters, paperwork, and court filings. Our law firm allows you to do just that, by taking on the insurers for you and fighting to get you the maximum compensation for your injuries.

With law offices in San Rafael, San Jose, San Francisco, Oakland, Redwood City, Vallejo, Fairfield, Fremont, Santa Rosa, Glendale, Pleasanton, Walnut Creek, Irvine, Sacramento, and Ureka,  Kuvara Law is well-positioned to represent clients throughout Northern California. We offer free initial consultations and handle all cases on a contingency fee basis. 

To learn more or to schedule a free consultation, call us today at 1-8000-4-injury or fill out our contact form 

We handle all personal injury claims on a contingency basis, which means we only ask for payment if we are successful in getting you compensation.

SAN RAFAEL OFFICE