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If you’ve recently experienced a preventable accident that led to significant losses, then it’s wise to get informed regarding your legal options. In many situations, you might be eligible to file a claim to help offset your accident-related expenses. Personal injury attorneys in San Francisco can help you by explaining your rights and options after listening to the details surrounding your accident and losses.
Learn more about the most common types of personal injury cases, how a claim works, and how our team can help below.
Common Types of Personal Injury Cases in San Francisco
One of the most common types of personal injury cases in San Francisco happens when someone gets injured in a car accident and seeks out a claim to recover from their losses. Car accidents are far from the only type of personal injury cases, though. Here are the top types of personal injury cases that lead to lawsuits in San Francisco:
- product liability claims — injuries caused by defective products;
- pedestrian accidents;
- bicycle accidents;
- slip and fall claims;
- premises liability — injuries that happen on someone else’s property;
- dog bite accidents;
- work-related accidents;
- wrongful death;
- medical malpractice;
- assault or intentional violence.
If you think you might have experienced an accident that could be considered a personal injury case, then it might be best to speak with an attorney. The right legal representation will fight for what you’re entitled to under the law.
How Does a Personal Injury Claim Work?
Under personal injury laws in San Francisco, injured individuals who get hurt in accidents that are caused by someone else with a legal duty to provide for their safety can file a compensation claim. Typically, the injured party will seek out legal assistance for accidents, and they will work with their attorney to prove their losses, build up a claim, and negotiate with the other party. If you’re worried about spending even more money after losing so much, then it’s good to know that you can work with contingency fee lawyers and not pay anything until you receive your settlement check.
Importance of Hiring a Personal Injury Lawyer
While a huge number of accidents happen every day, not all accidents rise to the legal threshold of a personal injury case. Successful compensation claims prove all the following elements:
- The other party had a legal duty to provide for your care.
- The other party failed to uphold their duty to provide for your care.
- This negligence directly caused your accident.
- Your accident led to specific losses.
Going about this process all while attempting to focus on your physical recovery is a big challenge. In most cases, it makes sense to hire personal injury legal experts with extensive experience handling damages recovery for their clients.
It’s paramount that you hire the right lawyer, though, because your attorney will be your best legal advocate throughout the process. You’ll only have one shot at compiling the best possible claim, negotiating, and getting a fair settlement. If you accept a settlement, then you won’t be able to file a claim in the future for additional compensation for losses you didn’t consider.
The right attorney will help you avoid such a serious blunder, and they’ll also be sure to maximize your potential settlement by compiling the right evidence, considering your potential long-term losses, and fighting for a fair settlement.
What Damages Are Recoverable?
When you file for accident compensation, you can seek out compensatory damages to help you cover the expenses you endured after your crash. These damages are meant to restore you financially to the position you were in prior to the accident. You can recover these damages so long as you can prove your claims with evidence.
Economic Damages
The top type of damages awarded in a claim for personal injury accidents is economic damages. Economic damages describe the actual financial losses you endure due to the accident and can include things like:
- medical bills;
- any income you would’ve earned if you weren’t hurt;
- property damage;
- funeral costs;
- burial expenses;
- travel costs;
- legal expenses.
Economic damages can be quite hefty, especially when the person’s injury is severe. With a brain injury case, for instance, the injured party will need to fully consider not only their current losses but also their potential long-term economic losses, too. Since the person is likely to require a long recovery period, future economic damages are a common form of compensation in these circumstances.
Non-Economic Damages
Non-economic damages are another form of compensatory damages in many injury settlement claims. Non-economic damage describes the losses you suffer that are more difficult to put a financial value on. If you get into an accident that leads to permanent disfigurement, for instance, then you could seek out compensation for that loss. This type of loss won’t be easy to calculate, so in general, courts will consider the overall severity of your non-economic losses and assign them a value of 1.5 to 5. That number will then be multiplied by the sum of your economic losses to determine the monetary value of your non-economic losses.
Here are a few other common types of non-economic damages:
- emotional distress;
- pain and suffering;
- a loss of companionship;
- a decrease in the overall quality of your life;
- mental anguish;
- developing conditions like anxiety, PTSD, or depression.
Punitive Damages
Punitive damages aren’t designed to compensate you for your losses but rather to penalize the responsible party. Punitive damages will only be awarded when the responsible party’s recklessness has been extreme or they showed complete disregard for you or your loved one’s death. Punitive damages are often appropriate in wrongful death situations. If you’re considering this type of compensation, then be sure to speak with a personal injury law firm in San Francisco first.
How to Handle Insurance Companies
Depending on the nature of your accident, you might have to speak with insurance companies about what happened. When it comes to legal guidance for accidents, one of the most important takeaways is how you should handle insurance adjusters. In general, don’t say much about the extent of your injuries and losses or fault until you’ve spoken with an attorney. Otherwise, you could accidentally derail your own claim.
Comprehensive Personal Injury Services Offered by Kermani LLP
Filing for personal injury compensation after an accident can be time-consuming and complicated, especially when you’re also attempting to heal from a physical injury. The good news is that you don’t have to navigate this challenge alone. Hiring an attorney can help you better understand your options, value your claim, and handle insurance adjusters. Here at Kermani LLP, our team of skilled legal professionals is standing by ready to help.
Diverse Range of Personal Injury Cases Handled
Our firm was established in 2011. Since that time, our team has collectively handled a diverse range of personal accident injury lawsuits, which gives us a huge advantage over other firms. From car collisions to wrongful death situations, we’re sure we can match the right legal professional with your situation to help you succeed.
We’re confident that you can lean on our legal knowledge and expertise to seek justice in your situation.
Successfully Navigating Personal Injury Claims and Settlements
Over the years, our personal injury legal firm has litigated over 100 trials and handled over 2,500 successful claims for compensation. In all, we’ve won over $100 million for our clients.
Not only are we successful at navigating personal injury claims, but we also bring the compassionate legal advocacy that our clients need to get through their experiences. Simply put, most injured clients are rightfully upset over what they’ve been through, and they know they deserve justice. Let us help you achieve it.
Contact Kermani LLP for Expert Personal Injury Representation in San Francisco
Are you looking for a personal injury lawyer in San Francisco to help you navigate your recent accident and injury? Here at Kermani LLP, our team is passionate about delivering justice. We know what it takes to build up a solid personal injury claim, negotiate fairly with the other party, and secure the settlement you deserve.
Schedule a meeting with our lawyers now to get discuss your recent accident in more detail with our lawyers.
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Frequently Asked Questions
What constitutes a personal injury case in San Francisco, California?
In San Francisco, a personal injury claim arises when:
- One party has a legal duty to provide for the care and safety of someone else.
- The first party fails to uphold their legal duty of care.
- This breach in the duty of care leads to an accident.
- The accident leads to specific injuries and losses.
A legal duty of care exists in many situations. All motorists owe a duty of care towards others on the road, doctors have a duty to care for their patients, homeowners need to provide for the safety of guests, and product manufacturers must uphold a duty of care towards customers.
How long do I have to file a personal injury claim in San Francisco?
You have up to two years after the date of your accident to file a personal injury claim in San Francisco.
In a personal injury case, you can seek compensation in the form of economic damages, like lost wages and medical expenses, and non-economic damages, like pain and suffering.
It depends. In most cases, you can get a fair settlement award without going to court. That said, you shouldn’t accept a settlement offer without first consulting with an attorney about your losses. You want to make sure you properly value all your losses and long-term losses before accepting a settlement.
You may have to go to court if the other party refuses to agree on a fair settlement and continues to push for a low-ball offer.
Can I still pursue a personal injury claim in San Francisco if I was partially at fault?
California follows a pure comparative fault doctrine, which means you can file for compensation even if you were partially at fault. Your settlement award will be reduced based on your percentage of fault.
How do personal injury attorneys in San Francisco calculate damages?
Damages are calculated by first adding up all the economic losses associated with the accident. Non-economic losses are then assigned a value from 1.5 to 5 depending on their severity. That number is multiplied by the economic losses. You’ll want to add up this figure and the total of your economic losses to value your claim. Next, your attorney will consider if you were partially at fault. If so, then your damages will be reduced by your level of fault.
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