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Car Accident Lawyer Stockton CA

A car accident lawyer is needed if you have been hurt in an auto accident and need legal representation. If you live in Stockton, our attorneys have made themselves active and available in your area to provide you with aggressive representation and get you the maximum amount of money.

Stockton, along with the outlying San Joaquin County, is one of the fastest growing regions in California. As a result the community has witnessed a dramatic rise in the number of traffic accidents on its roads. Car accidents are the chief cause of preventable harm and death in the United States accounting for approximately 300,000 injuries and thousands of deaths.

Our law firm is dedicated to providing victims of auto accidents with the legal representation required to maximize your recovery. Below you will find important information regarding auto accidents and how to recover for your injuries.

What Should I do immediately After an Auto Accident – Protecting Your Rights

There are certain steps that should be taken after an accident in order to preserve your right to financial recovery for the damages you have suffered.

  1. Contact the Stockton Police Department, CHP or your local law enforcement division. Make sure they file a TCR (traffic accident report) for the accident.
  2. If injured in any form or fashion seek medical attention. Have your local paramedics transport you to the nearest emergency room or urgent care center.
  3. Ask for the other drivers’ information: It is important to gather the information of any other party that was involved in the auto accident. Ask for their insurance information, drivers license and registration.
  4. Witness Information: If there were any witnesses at the location of the accident ask for their contact information including their name and phone number.
  5. DO NOT speak with any insurance company regarding the facts of the accident and your injuries; any comments you make to them can be used to reduce or eliminate your chances of a monetary settlement for the damages you have suffered.

Deadline for Filing a Lawsuit – Statute of Limitation for Auto Accidents in California

In the state of California state law places a certain time period for filing a lawsuit based on the type of case that is being filed. Most personal injury claims contain a two year time period for filing a lawsuit in the court of law. Failure to file a lawsuit within the time period will result in the cancellation of your right to recovery. In cases involving a government owned or operated vehicle a victim has 6 months from the date of the accident to file an administrative claim. If and when the claim is denied a claimant will have 6 months from the date of the denial to file a civil lawsuit in the court of law. Persons who are under the age of 18 will have two years from the date of their 18th birthday to file a lawsuit.

Auto Accident Victims Right to Recovery – Compensation for Your Injuries

The state of California affords victims of auto accidents the right to seek recovery for all damages that arose out the negligent or wrongful conduct of at fault parties. The dollar amount or the level of monetary compensation you can receive is predicated on several important factors described in detail below.

  • The extent and diagnosis of the physical injuries that have been suffered by the victim of the auto accident.
  • Current and future medical, rehabilitation and nursing care costs associated with the treatment of the injuries suffered.
  • Level of Economic Losses Incurred by the Victim – Including loss of income and future loss of earnings due to long term complications associated with the injuries suffered.
  • Level of Non-Economic Damages: The main category for non-economic damage is the mental anguish and pain and suffering associated with your injuries.
  • Whether Punitive Damage Will be Awarded: in the state of California punitive damage can be awarded in cases where the actions of the defendant (at fault party) rise to the level of reckless endangerment for the life and health of others or intentional conduct. Actions rising to the level of reckless conduct can include drunk driving, driving at an excessive rate of speed, and hit and run accidents.
  • To contact a Stockton car accident lawyer for a free consultation, please call us by dialing the toll free number on the top of the page. We can review your case and let you know the best avenue of recovery.

Filing a Lawsuit for the Death of a Loved One

Unfortunately many individuals who are involved in auto accidents die from their injuries. Historically, under the common law system of jurisprudence, there was no avenue of financial recovery for the death of a loved one due to the negligent conduct of others. However over 100 years ago California’s state legislature passed laws allowing certain family members the right to file a claim for recovery on behalf of the death of a loved one.

  • Who Can Sue In a Wrongful Death Claim: Individuals who can sue include spouses of the deceased and children of the deceased. Parents can sue for the death of their child if there are no surviving spouses and children and or if they were in some way financially dependent on their deceased child. Domestic partners will also have the right to sue in a wrongful death cause of action in the state of California.
  • What Damages are Recoverable in Wrongful Death Claim: Family members of the deceased are able to receive compensation for the loss of income and future loss of income of the lost family member, as well the loss of the deceased loved one’s companionship, partnership, trust, compassion and the love they provided the family.

Why You Should Never Speak with Insurance Adjusters Until You Speak With Us

The interests of insurance companies and adjusters that work for them is diametrically opposite yours.  Whether it’s your insurance carrier or the other driver’s insurance adjuster, their goal is to reduce or eliminate any opportunity you may have of recovery for the damages and injuries you have suffered. The goal of an insurance company is to make as much profit as possible, and to accomplish that goal, they will do whatever they can to pay as little as possible. Below is some of the ploys insurance adjusters can use against victims who do not have legal representation.

  • Low ball the property damage estimate of your claim: Adjusters will refer you to a body shop for a property damage estimate. What they do not tell you is that these body shops are experts at greatly undervaluing the damage that your vehicle has sustained. Later insurance companies will use the greatly reduced property damage estimate to argue that the force of the impact was not severe enough to have caused the level of bodily harm that you suffered.
  • Recorded line statement: All too often immediately following an accident you will receive a phone call from an insurance company. The person on the other end will be as cordial as possible and will ask you to answer some questions regarding your case. Their goal of course is to get you on a recorded line stating that you are ok and do not have any pain or injuries. Insurance companies know that because of the release of endorphins throughout the body after an auto accident victims will not feel the full extent of their injuries until at least 24 to 48 hours later. Once they have you on a recorded line saying that you are OK they will use that against you if and when you attempt to file a claim for your injuries.
  • Delay Delay Delay: Another common tactic is to delay the claims process as much as possible. Insurance adjusters will lie to you and state that you cannot be seen by a doctor until the claim has been processed. After a many days or weeks they will fail to furnish you with medical doctors and will argue that because of the “significant” gap in your medical treatment you could not have suffered the injuries that you are claiming.

There are many more tricks that insurance companies and their adjusters have up their sleeves. To learn more feel free to contact our law offices.

Winning an Auto Accident Case in the Court of Law

The majority of auto accident claims will settle before an actual trial commences. During trial the plaintiff attorney (the legal representative of the victim) will have to prove four elements of a negligence based cause of action in order to win the case. The four elements of a personal injury case are provide for below.

Element One: Did the at fault party (defendant) owe a duty to the plaintiff bringing forth the cause of action:  Generally every motorist on the road owes a general duty to act as a reasonable and prudent individual while operating a motor vehicle. This can include driving at a safe speed, stopping at a red light or intersection, and not tailgating the vehicle in front.

Element Two: Did the at fault defendant breach the duty owed to the plaintiff bringing forth the cause of action. Examples of a breach of a duty can include, driving at a high rate of speed, failure to stop at a red light or intersection, tailgating, failure to yield to opposing traffic when navigating a left turn, driving while distracted, driving while using a mobile device, and driving while under the influence.

Element Three: Was the breach of the duty of care the cause of the accident. There are two tests which are used in order to determine causation in a personal injury claim.

  • But-for Test: But for the defendant’s breach of the duty of care the accident would not have taken place. In others words if the defendant had not been negligent the accident would not have taken place.
  • Was the harm that was suffered a foreseeable consequence of the defendants negligence.

Element Four: Did the accident result in any type of harm to the plaintiff bringing forth the cause of action.

Common Injuries Resulting from Auto Accident

Based on the previous cases our attorneys have compiled a list from the most common injuries resulting from auto accidents in Stockton, CA. Below you will find a list of the most common injuries, then the necessary treatment that may be required.

  • Back and neck injuries: damage to the spinal cord is the most common injury associated with auto accidents. Victims may require treatment from a physical therapist or chiropractor care. In some cases, as a result of the severity of the injury, victims should be evaluated by a pain management doctor specializing in spinal cord injuries or an orthopedics spinal cord physician. In many cases an MRI (imaging study) of the spinal cord may be required in order to determine the extent and severity of the damage suffered to the spinal cord.
  • Orthopedic Injuries: These include damage to the shoulder including separated shoulder and rotator cuff tears, knee damage including torn ACL and MCL, ligament tears in the ankle, hand and wrist injuries, and cracked ribs. Victims who have suffered any orthopedic injuries should receive evaluation from and orthopedist specializing in the specific injuries suffered.
  • Facial injuries: This can include broken nose, facial lacerations resulting in scarring, tinnitus (chronic ringing in the ear), dental damage, damage to the jaw resulting in TMJ injury, cracked orbital socket and ocular damage.
  • Damage to the internal organs: The most common internal organ injury following an auto accident is bowel obstruction (intestinal obstruction.) Other internal organ injuries include damage to the liver and kidney, ruptured spleen, collapsed lung and heart failure.
  • Head trauma resulting in concussion and brain injury: Many victims who suffer from brain damage fail to undergo the proper evaluation and testing required so that a medical physician can diagnose them with an brain injury. As a result most brain injury claims will go un-diagnosed. Victims who suffer from manifesting symptoms of brain injury should be evaluated by a neurologist. Some signs of a brain injury include short term memory loss, sensitivity to light, and loss of consciousness following the traumatic impact in question.

Attorney Consultation Available – Free of Charge

Victims of auto accidents should always consult with an attorney in order to learn about their right to recovery and steps that need to be taken in order to maximize their compensation. Our Stockton auto accident lawyers provide all auto accident victims with free no charge case reviews and consultations. Feel free to contact us by phone or fill out our free case evaluation form on our website.

STEPS IN A PERSONAL INJURY CASE

STEP 1

Free consultation

  • Our lawyers will conduct a full and free evaluation of your case.
  • We will determine whether you have a viable case and the best legal course of action tailor made for your specific circumstance

STEP 2

We Represent You

  • We will diligently investigate and pursue your claim.
  • File all necessary claims and lawsuits.
  • We will provide you with the medical attention you need with zero out of pocket fees or cost

STEP 3

We Settle Your case

  • We settle your case or obtain a successful jury verdict.
  • We reduce your medical bills and provide you with compensation in your pocket for pain and suffering, future medical care and loss of income.

Client Testimonials

Client Testimonials

Daniel, I just wanted to let you know that I was very pleased with my experience. You were always available to answer my questions, and your entire staff is courteous and professional. Thanks again.

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Four Reasons Victims of Personal Injury Choose Us

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MILLIONS RECOVERED FOR OUR CLIENTS

Our attorneys have recovered millions of dollars in settlements and verdicts for our clients in multiple fields of personal injury including auto accidents, dog bites, slip and falls and more. See here for a list of our recent settlements.

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