Oakland Personal Injury Attorney
A personal injury claim can give you the justice and financial compensation that you need to move forward after a serious accident. At Milanfar Law Firm, PC, we have been advocating for personal injury clients for over 20 years. We achieve optimal results by always remembering that the law is about people. We will put you first in everything that we do. To find out how we can help you after an accident, schedule a free consultation with one of our Oakland personal injury lawyers.
Oakland Personal Injury FAQs:
- Do You Have a Case?
- How Long Do I Have To File a Claim?
- How Can Oakland Personal Injury Attorney Can Help You?
- What Type of Damages Are Available in an Oakland Personal Injury Case?
- Is California A Fault State?
- Oakland Personal Injury FAQs
- Areas Our Oakland Personal Injury Attorneys Serve
- Request a Free Consultation Today
Do You Have a Case?
If you get injured in an accident, you may have grounds to file a civil claim against another person or party. If someone reasonably should have done more to prevent your injury, that person may be legally responsible (liable) for paying for your related bills and repairs. In California, an injured accident victim can file a civil lawsuit based on multiple legal grounds. The most common, however, is negligence. In personal injury law, negligence is the failure to use the proper amount of care. It consists of four elements:
- Duty of care
- Breach of duty
Essentially, if someone stepped outside of their duty of care (an obligation not to cause harm to others) by acting in a way that a reasonable and prudent party would not have, they can be held responsible for a related injury. You may have the right to bring a lawsuit after a car accident, slip and fall, workplace disaster, and many other types of incidents. If you are unsure whether you have grounds to file a case after an accident in Oakland, contact our lawyers for a free case review.
How Long do I Have to File a Claim?
It is important to understand that there are timelines involved with personal injury claims in California. The state’s personal injury statute of limitations is two years from the date an injury occurs. This means that injury victims are supposed to file their personal injury lawsuit against the alleged negligent party within two years from the date the accident occurs. If the injury victim fails to file a lawsuit within this time frame, the case will almost certainly be dismissed, leaving the injury victim unable to recover compensation.
In addition to the time frames put forth for filing a lawsuit, any insurance carrier involved with the injury claim will likely have its own reporting deadline. Sometimes, insurance carriers require that a claim be reported within a few days after the incident occurs. Failing to promptly file an insurance claim could result in the carrier delaying the claim or denying it altogether.
We encourage you to speak to your personal injury lawyer in Oakland who can examine your claim and walk you through every deadline you need to know about.
How Can Oakland Personal Injury Attorney Can Help You?
If you get injured in an accident, one of the first steps that you should take is contacting a trusted personal injury attorney in your community for help. A lawyer can assist you from the very beginning of your case by connecting you to top doctors in Oakland and outlining your goals for the future. Injury attorneys can investigate your accident, collect evidence, hire experts, and answer your legal questions along the way. The right personal injury lawyer will help you feel less alone during this difficult time.
Personal Injury Cases We Handle
At Milanfar Law Firm, PC, we specialize in various personal injury cases, catering to a wide range of legal needs. Our team of experienced Oakland personal injury attorneys inhibit extensive expertise in this particular area of law. If you have been injured due to any of the following circumstances, we are here to help you receive the compensation you deserve:
- Car accidents
- Truck accidents
- Construction accidents
- Dog or animal attacks
- Slip and fall accidents
- Nursing home abuse or neglect
Furthermore, we handle cases involving catastrophic injuries, including claims related to a traumatic brain injury or spinal cord injury. When you choose our law firm, you will receive the dedicated attention of an experienced and committed accident attorneys who are known for their resourcefulness, resilience, and esteemed reputation.
What Types of Damages Can You Seek in a Personal Injury Claim?
One of the goals of a personal injury lawsuit is to make a victim whole again – to restore them to the financial position they were in before the accident took place. A lawsuit can do this by requiring one or more defendants to pay for a victim’s losses. The law in California allows a plaintiff to demand financial compensation for two main types of damages:
- Economic damages. These are the financial toll on the victim, such as the cost of medical bills, property repairs, lost wages, legal fees, and travel costs.
- Non-economic damages. These are the intangible ways the victim was affected, such as physical pain, emotional suffering, mental anguish, and lost quality of life.
The list of damages that you can include in a demand letter or lawsuit will depend on how the accident has impacted your life. Our accident lawyers can help you create a comprehensive list of your damages, as well as negotiate for maximum financial recovery. We have what it takes to help you achieve the results that you require.
Is California a Fault State?
California is a fault-based state when it comes to injury claims. You may also hear this referred to as a tort-based system.
Under a fault, or tort, based system, individuals who sustained injuries caused by the negligent actions of other parties file claims directly against the other party (or the other party’s insurance carrier) to recover compensation. As part of this process, it is necessary for the injury victim to prove that the other party was somehow negligent in causing the injury.
This is different from a no-fault state, which is how some other states across the country handle vehicle accident claims. Under a no-fault system, individuals turn to their own insurance carrier to recover compensation for their medical bills and other economic damages.
Pure Comparative Negligence
One aspect of injury claims that can complicate the compensation process is the idea of shared fault. It is not uncommon for there to be more than one party responsible for causing an incident that led to an injury. Sometimes, individuals are partially responsible for causing their own injuries based on their actions.
In California, this state uses a “pure comparative negligence” system. Under this system, individuals can recover compensation even if they are partially responsible for causing their own injuries. Unlike other states, the comparative negligence laws in California allow individuals to recover compensation even if they are up to 99% at fault for the incident.
However, injury victims will receive reduced compensation based on their percentage of fault for an incident. For example, let us suppose an individual sustains $100,000 worth of medical bills and other damages because they were rear-ended by a speeding driver. However, let us also suppose that the injury victim’s brake light was out, so a jury determines that he was 20% responsible for causing the injury. Under this theoretical scenario, the injury victim would receive $80,000 instead of the full $100,000. This lower amount accounts for the individual’s 20% of fault for the incident.
Oakland Personal Injury FAQs
How Do I Know If I Have a Valid Personal Injury Claim?
To determine the validity of your personal injury claim in California, you must satisfy these four conditions:
- Injury Occurred: This means you experienced physical, emotional, or financial harm due to the accident.
- Negligence by Another: Your injury was a result of someone else not acting reasonably, causing harm.
- Legal Responsibility: The person who caused your injury had a duty, whether through an agreement, law, or basic care, to keep you safe.
- Recoverable Damages: You can seek compensation for medical costs, lost income, pain, suffering, and other losses.
Evaluating your case against these points helps determine if your personal injury claim is valid in California.
When Should I Contact a Personal Injury Attorney After an Accident?
The best time to contact a personal injury attorney in Oakland after an accident is right away. Here’s why:
- Protect Your Rights: The other party’s insurance company might try to take advantage of you. An attorney ensures your rights are upheld and prevents any unfair treatment.
- Gather Evidence: An attorney helps gather proof like medical records, photos, and witness statements to back your case. This evidence is vital for getting compensation for your injuries.
- Handle Insurers: Insurance companies might offer less or reject your claim. An attorney negotiates with them to make sure you’re fairly compensated.
- Representation in Court: If your case goes to court, an attorney stands up for you and fights on your behalf.
Remember, you generally have two years from the accident date to file a lawsuit. If you wait too long, you might lose your chance to claim.Not everyone needs an attorney, but if you’re seriously injured or the other party disputes responsibility, talking to an attorney is a good idea.
How Much Does an Oakland Personal Injury Lawyer Cost?
You can meet with our Oakland personal injury lawyers at no charge for the first consultation. This meeting allows us to discuss your case, explain our process, and address any concerns you have. This way, you can make an informed decision about moving forward with your personal injury case.
“I highly recommend Milanfar Law firm to anyone with a personal injury case. My beautiful dog Teddy was lost in a brutal dog attack, and I suffered minor physical injuries. Most law firms did not want my case because they didn’t value what I had gone through. Shahrad was different. He understood my pain and suffering from losing my precious Teddy and took my case because he believed in me. He kept me informed throughout the process. He pushed the case forward when the defense refused to see my pain. He talked me through everything and took care of everything where I didn’t have to talk about the horrible incident over and over again. I initially felt alone. Shahrad’s team made me realize they were in my corner. Milanfar Law Firm did a great job of getting the other side to see my pain and pay what was right. He was professional and did an amazing job every step of the way. I’m very satisfied with his service and will recommend him to anyone who needs help in a personal injury or product liability case.”
Areas Our Oakland Personal Injury Attorneys Serve
We proudly serve the following neighborhoods in Oakland:
Adams Point | Allendale | Bella Vista | Bushrod | Chinatown | Cleveland Heights | Clinton | Dimond District | Eastmont | Fairfax | Fruitvale | Glenview | Grand Lake | Havenscourt | Jack London Square | Lake Merritt | Laurel | Maxwell Park | Montclair | North Oakland | Oakmore | Piedmont Avenue | Pill Hill | Redwood Heights | Rockridge | Seminary | Shepherd Canyon | Temescal | Trestle Glen | Uptown | West Oakland
Request a Free Consultation Today
If you or a loved one was recently injured in any type of accident in Oakland, California, contact our legal team to request a free consultation. Milanfar Law Firm, PC represents both plaintiffs and defendants, giving us unique insights into both sides of a personal injury cases. We can use our knowledge and experience to build a stronger claim on your behalf. Speak to an attorney today at no cost or obligation. Call (925) 433-6003.