Oakland Catastrophic Injury Lawyer

If you suffer a catastrophic injury in Oakland, your life may never be the same. This type of injury could cause permanent disability, disfigurement, and diminished enjoyment of life. You may also face expensive medical bills and the inability to return to work.

If someone else’s carelessness or recklessness caused your catastrophic injury, that party may be financially responsible for your medical bills and other losses. During this stressful time, contact Milanfar Law Firm, PC, for assistance. Our Oakland catastrophic injury lawyers can help you pursue financial, physical and emotional recovery. Call (925) 433-6003 to start with a free case consultation.

Why Choose Us?

  • Our Oakland personal injury lawyers have experience on both sides of a case; we represent insurance companies in civil law matters, as well. This gives us insider knowledge about how the other side of your case operates.
  • We are exceptional storytellers that know how to present a compelling and powerful case that leaves an impression on jurors. We highlight the human side of catastrophic injury cases to achieve the best possible results for each client.
  • Your catastrophic injury lawyer in Oakland will stand by your side through each phase of the legal process. You will have direct contact with your lawyer and receive frequent case updates so that you’re never left in the dark.

Common Examples of Catastrophic Injury

A catastrophic injury is the most severe level of injury – an extreme type of harm inflicted against an accident victim. A catastrophic injury will have a considerable impact on a patient’s life and future. Common examples include:

  • Bone fractures
  • Compound fractures
  • Traumatic brain injuries
  • Spinal cord injuries
  • Paralysis (paraplegia/quadriplegia)
  • Internal injuries and organ damage
  • Amputations
  • Severe burn injuries
  • Significant scarring or disfigurement

With a catastrophic injury, you may have lost a vital part of your person, such as the ability to engage in your favorite hobbies or live independently. While nothing can erase your injuries, pursuing justice against the person at fault – such as a driver, employer, product manufacturer or property owner – can help you move forward.

What Is a Catastrophic Injury Claim in Oakland?

A catastrophic injury claim is a civil lawsuit brought by an injured victim to pursue financial compensation or damages, and become whole again after a preventable accident. A civil lawsuit seeks to hold an individual or entity legally and financially responsible for its role in causing the victim’s catastrophic injury. Its purpose is to restore a victim to the position that he or she likely would have been in had the accident not occurred.

What Damages Can I Recover in an Oakland Catastrophic Injury Claim?

Individuals who sustain catastrophic injuries in the Oakland area may be able to recover a variety of compensation types if their claim against the at-fault party is successful. Our team works hard to recover economic and non-economic damages for every catastrophic injury victim we help, which can include:

  • Catastrophic injury economic damages. These are quantifiable financial losses that the injured party incurs due to their injury. They typically include medical expenses such as hospital bills, costs of ongoing medical treatments, rehabilitation, and any necessary medical equipment. Economic damages also cover lost wages if the injury prevents the individual from working, as well as potential loss of future earning capacity due to long-term disability or impairment. Additionally, they can encompass any modifications required for the victim’s home or vehicle to accommodate their injury.
  • Catastrophic injury non-economic damages. These damages are more subjective in nature but aim to compensate for the non-financial impacts of the injury. This can include pain and suffering, which recognizes the physical pain and emotional distress caused by the injury. Non-economic damages also cover loss of enjoyment of life, reflecting the injury’s impact on the victim’s ability to engage in hobbies or activities they once enjoyed. Furthermore, they may include compensation for emotional distress, mental anguish, and, in some cases, loss of consortium, which refers to the impact on the injured person’s relationship with their spouse or partner.

What Are the Elements of a Claim?

Not all injuries – even life-changing ones – result in the right to file a personal injury claim in California. To have grounds to file a lawsuit, you or your lawyer must show proof of negligence. Negligence is a lack of proper care that results in harm to others. An example is a motor vehicle driver that falls short of the responsibility to drive safely, texts and drives, and causes a severe car accident.

Negligence consists of four elements: a duty of care owed by the defendant to the plaintiff, a breach of the duty of care, causation for the plaintiff’s injuries and compensable losses. Our personal injury lawyers can help you establish these elements by collecting evidence, hiring qualified experts and taking other steps to pursue justice on your behalf.

How Do You Prove Negligence in an Oakland Catastrophic Injury Claim?

Determining negligence after a catastrophic injury occurs in Oakland can be a challenging process, which is why we strongly encourage you to involve an attorney as quickly as possible. There are various types of evidence that must be gathered in order to determine liability, including:

  • Photograph taken at the scene of the incident
  • Surveillance footage from nearby cameras
  • Statements from eyewitnesses to the incident
  • Any incident report or police reports

Depending on the nature of the injury, there may need to be additional types of evidence gathered to prove negligence. In some cases, your attorney may suggest using an accident reconstruction expert who can employ advanced technology and computer-aided assistance to help gain a better understanding of how the incident occurred.

If the incident occurred as a result of the negligent actions of an employee or company, some types of evidence that may be gathered include employment and training records or premises maintenance records.

Your attorney’s goal will be to show that the actions of the defendant (the person alleged to have caused the incident) directly or indirectly caused your injuries and that you sustained monetary losses as a result of the injuries.

California Statutes of Limitations for Catastrophic Injury Claims

In the state of California, personal injury victims have a limited amount of time to file lawsuits in civil court. The law gives injury victims a two-year window from when the injury occurred with which to file a lawsuit against the alleged negligent party.

If an injury victim fails to file a lawsuit within this time frame, their case will almost certainly get dismissed, leaving them unable to recover compensation for their losses.

Speak to a Oakland Catastrophic Injury Lawyer Today

Catastrophic injury claims are complicated. The best way to protect your rights is by hiring an experienced attorney in Oakland to represent you. Hundreds of clients have trusted Milanfar Law Firm, PC, with their most high-stakes cases over the years. When you have a serious injury, you need serious injury lawyers. Find out how we can help you during a free case evaluation in Oakland. Contact us online or call (925) 433-6003 anytime to schedule your case review.