Injury Cases: What are They and How Can a Lawyer Help You?
| July 21st, 2023
People get injured all the time. However, no one has the right to injure another person. If they do—knowingly or unintentionally—they must compensate the victim. The process of recovering damages from the offender is what constitutes a personal injury case.
Some claims end in a settlement, while others can go to court. The path each case takes depends on the specific facts.
Sacramento residents can claim damages sustained in slips and falls, car accidents, assaults, dog bites, etc. Even if a victim has never had an injury case, they can recover fair compensation with the help of an injury lawyer in Sacramento.
The following article offers answers to some common questions that victims may have following an injury. Let’s begin by reviewing the applicable laws.
Sacramento Injury Laws
It is impossible to reverse an injury. But the judicial system provides an avenue for victims to receive compensation.
As with most counties in California, Sacramento applies a law known as California Code §3281. This law states that a victim may recover monetary compensation from the “person at fault” in an accident. Code §3283 adds that payable damages may include future losses or losses that appear after the judicial process has begun.
A person who purposefully assaults or injures another in any way must compensate them. But what about unintentional negligence? In Sacramento, there are four components of legal negligence. The victim must prove that:
- The defendant owed a duty of care.
- The defendant violated that duty of care.
- The breach was the direct cause of injury.
- The breach caused damage to the victim.
Sometimes it’s easy to prove negligence. For instance, a distracted driver who hits a pedestrian in a crosswalk is at fault. If they had been texting while driving, they breached their duty of care because they owe it to pedestrians to stay alert.
Sometimes, proving negligence can require additional work. For example, in the case of medical malpractice, the victim would require that an expert in the medical field review the standard practice requirements. The expert will need to provide testimony showing how the accused doctor deviated from an acceptable standard of care.
Whatever the case, if the victim can prove negligence on the defendant’s part, Sacramento law allows the victim to recover economic, non-economic, and punitive damages.
Injury Types Common in Sacramento
Personal injuries vary greatly and can happen anytime and in unexpected situations. Someone may be walking down the street when they get bitten by a neighbor’s dog. In another case, the victim may have been entering a building, excited about their first day at work, only to slip, fall, and break their spine.
Sacramento recognizes several types of injury claims, including the following:
- Auto accidents – cars, trucks, motorcycles, commercial vehicles
- Slips and falls
- Workplace injuries
- Wrongful death
- Product liability
- Assault
- Medical malpractice
- Animal bites.
When looking for a Sacramento injury lawyer, victims should find an attorney with experience in their type of injury.
Frequently Asked Questions About Injury Cases in Sacramento
It’s normal to have a mountain of questions after an injury. We have provided the most straightforward answers to some of the most common questions below. Remember that these explanations are not comprehensive. If you have further questions or want more clarification, don’t hesitate to contact Berg Injury Lawyers Sacramento offices.
Do I have a case?
You might have a case if the injury was someone else’s fault. Consulting with an attorney to review your case can determine whether you will likely receive compensation for your injury.
Who pays medical bills during the case?
Payment could be made by an insurer, medicare, or the victim may have to pay out-of-pocket. Eventually, however, whoever paid can recover their expenses from the defendant. Hiring a lawyer gives you a chance to recover those losses.
Will the injury case go to court?
Maybe. Most claims don’t reach the court because the case is straightforward, and those involved feel there’s no need to delay the inevitable. Parties in an injury case can settle within a few months. However, when hiring a lawyer, hire one willing to go to trial if needed.
Is filing a personal injury case unfair to the defendant?
Not if the victim’s losses are genuine. Damages deserve compensation. And in most cases, the defendant’s insurance pays the victim, so they don’t have to pay out-of-pocket.
How long does settlement or litigation take?
Duration depends on each case. Berg Injury Lawyers advise victims to be patient. It will take time for injuries to heal and for the claim process to end. The defendant’s lawyer may also need time to review the victim’s information.
How can a Sacramento Injury Attorney Help?
Claiming damages from insurance companies is like going to war, and victims don’t want to go it alone. It’s in their best interest to find an experienced lawyer who knows all about the corners insurance adjusters often cut to reduce the value of victims’ claims.
We understand that victims may feel overwhelmed by the idea of speaking to a lawyer. That’s why we offer a free initial consultation where we will review their case. Consulting with us puts victims under no obligation to hire us. If anyone needs help with an injury case in Sacramento, they should reach out and schedule a free case review with us as soon as possible.
