When you have been hurt in an accident due to someone’s negligence, the experience can be overwhelming. Often, people feel burdened by mounting medical debt, painful recoveries, and pressure to return to work.
For those in need of a Sunnyvale personal injury lawyer, Suits Litigation Inc. is available. Our compassionate attorneys have the skills and experience you need to help you secure the compensation you deserve. With help from a California personal injury law firm, you are well-equipped to hold any negligent parties accountable. At Suits Litigation Inc., we are committed to helping you get the best possible legal results in your injury case.
How a Personal Injury Case Works
A personal injury occurs when one person or entity injuries someone as a result of negligence or an intentional act. With a personal injury, a person is dealing with physical, mental, or emotional trauma. In this scenario, the person who got hurt may be eligible to open a personal injury case.
Common types of injury cases in Sunnyvale include:
Car Accident
Even if you take every precaution behind the wheel, you can still get into an auto accident. There are many reasons why car crashes happen, such as:
- Speeding
- Distracted driving
- Intoxicated driving
- Poor road conditions
- Drowsy driving
If you are involved in an auto accident, respond to the incident the right way. After your car crash, call 911, get medical help, and collect information from the other motorist involved. Also, document the collision and contact your insurance company.
In a crash where the other driver is at fault, this individual or their insurer may wind up paying for your medical bills, vehicle damage, and other losses. An injury lawyer can help you ask for compensation from either of these parties as part of a car accident lawsuit.
Truck Accident
In the United States, large trucks make up 5% of all registered vehicles, according to the National Safety Council (NSC). Most truckers follow the rules of the road and do whatever they can to avoid crashes. Regardless, there are times when truck drivers are negligent, which leads to a collision and injuries to other motorists or pedestrians.
Some of the reasons why truck collisions happen include:
- Driving under the influence of alcohol or drugs
- Poor road or weather conditions
- Lack of truck driving experience or training
In a truck accident lawsuit, you may sue the driver responsible for your crash, their employer, and other at-fault parties. Injury lawyers can help you determine why your trucking crash happened. From here, they can calculate your losses and help you submit a claim for a reasonable amount of compensation.
Along with this, an injury attorney can work with you to gather evidence that shows any at-fault parties were negligent. For example, hours of service regulations are in effect for truckers nationwide. Your lawyer may look at driver logs and other pieces of information to find out if the truck driver involved in your crash violated these regulations. If so, your attorney may be able to hold the driver and their employer accountable for your crash.
Motorcycle Accident
In the majority of motorcycle crashes, a rider suffers an injury or dies, according to research. This is due in part to the difference in size between a motorcycle and a car or truck. In addition, it is typically easier to see a motor vehicle versus a motorcyclist. Thus, a car or truck driver is less likely to see a rider than they would another motorist. If a driver does not see a motorcyclist, they can inadvertently crash their vehicle into them.
Injury attorneys serve as advocates for motorcycle accident victims. At Suits Litigation Inc., our personal injury attorney knows the ins and outs of local laws. We apply what we know to motorcycle crash claims and put you in the best position to get compensation. To find out more, reach out to us.
Bicycle Accident
The number of preventable non-fatal bicycle injuries declined 44% in the United States over a recent 10-year period, research shows. Motorists are responsible for sharing the road with bicyclists. Many do so, but some still make mistakes that lead to crashes.
Hiring a personal injury attorney after a bike collision can be beneficial. If you are involved in a collision that happens due to an unsafe lane change, driving too close to a bike lane, or any other reason, a driver or another party may be responsible. In this scenario, your lawyer finds out the root cause of your collision, then helps you get damages. Your lawyer can represent you in a claim against an insurance provider. If you need to move forward with a lawsuit, your attorney will help you submit a claim against the person who caused your accident.
California has a two-year statute of limitations for personal injury lawsuits. In a case where you do not discover your injury right away, the statute of limitations is one year from the date of discovery. In either scenario, you have only a limited amount of time to submit a claim. If you wait too long, you lose the right to do so and are fully responsible for your injury-related expenses.
In many personal injury cases, a claim is submitted to an at-fault party’s insurer. When the insurance company gets the claim, the business may do everything within its power to avoid paying it. Fortunately, personal injury lawyers understand how to deal with insurance firms. They can help you deal with an insurer to secure compensation.
Or, if an injury lawsuit is necessary, your attorney will make sure it is filed correctly. As soon as your claim is submitted, your lawyer will work with you to build a compelling argument.
Compensation That You Can Get in a Personal Injury Lawsuit
Injury victims have the right to ask for economic and non-economic compensation. You can seek economic damages for quantifiable losses and non-economic compensation for subjective ones. Common damages that plaintiffs request in personal injury lawsuits include:
- Reimbursement for medical expenses incurred
- Property damage
- Lost income if you are unable to work
- Loss of future income
- Pain and suffering damages
- Loss of consortium
- Emotional distress
California does not cap economic damages and non-economic damages in most injury cases. There is an exception for the non-economic compensation that you can ask for in a medical malpractice lawsuit. This cap varies based on whether the lawsuit involved an injury or death.
Per California Civil Code section 3294, exemplary damages can also be awarded. These are provided to deter a defendant from future acts of negligence. They are awarded in conjunction with economic and non-economic compensation. There is no cap on exemplary compensation in California.
Fighting for Compensation in a Personal Injury Lawsuit
To receive compensation in an injury lawsuit, you must show that an at-fault party was negligent. With negligence, a person or business did not do something that they would be reasonably expected to do, which led to someone else’s injury. Proving negligence requires the following elements to be present at the time of an injury:
- Duty of Care: There is a generally accepted responsibility for an individual or business to act cautiously.
- Breach of Duty of Care: The duty is breached when someone gets hurt due to the fact that a person or company did not act in a reasonable manner.
- Causation: Because the duty of care was breached, an individual suffered an injury.
- Damages: The injured party incurred losses after a duty of care was breached.
Based on Cal. Evid. Code § 115, there is a “burden of proof” that applies to personal injury lawsuits. You must provide evidence, witness statements, and other pieces of information that make it clear that the defendant in your case is at fault. If you cannot meet this burden, you may not be awarded any damages.
Sunnyvale injury lawyers consider each case carefully. If an attorney accepts your lawsuit, they are prepared to gather photos, videos, medical records, and other evidence to support your claim. They can also help you find witnesses to testify on your behalf. Your lawyer makes sure that you are prepared for the argument that the defendant may make against you, too.
How Damages Are Awarded in a Personal Injury Lawsuit
Your Sunnyvale injury lawyer negotiates with a defendant before your case goes to trial. If you and the at-fault party can come to terms with a settlement, you get compensation without having to appear in court. On the other hand, if no agreement is possible, you bring your case to trial.
Prior to your trial, your Sunnyvale injury attorney explains the legal process. During your proceedings, your attorney presents your argument and disputes any claims against you. A judge or jury then reviews all of the information provided by both parties. If you compel the court to rule in your favor, you may receive some or all of the damages that you originally requested.
California has a comparative negligence statute that can impact how much money you get in a personal injury case. This statute gives you the right to sue for damages even if you are partly responsible for your injury. The rule applies even in cases where a plaintiff is 99% at fault.
As an example of how comparative negligence works, you may get into a motor vehicle accident in which you ask for $10,000 in damages. The court may find you to be 20% responsible. If this occurs, you may receive $8,000 in compensation.
How Sunnyvale Injury Lawyers Bill Their Clients
The fee structure for Sunnyvale personal injury lawyers varies based on who you hire. Some attorneys charge based on a contingency fee. Others bill clients using a retainer and hourly rates.
When a Sunnyvale personal injury lawyer utilizes a contingency fee, you do not have to pay anything upfront. Your attorney accepts your case on the condition that you pay them from your settlement. The lawyer takes a percentage of the money you receive from an at-fault party. If you do not get compensation, you are not responsible for paying your lawyer.
If a Sunnyvale personal injury attorney charges a retainer, they ask for money at the beginning of your case. The lawyer then bills you hourly until your retainer is used up. They continue to charge hourly for the duration of your litigation.
Find out how Sunnyvale personal injury attorneys structure their fees before you hire a lawyer. If you have concerns or questions about a lawyer’s fee structure, share them with the attorney.
When to File a Personal Injury Claim
Any time you get injured in an accident due to no fault of your own, you may suffer losses. Medical bills and other expenses can crop up immediately and affect you long into the future. You are responsible for these damages unless you get the party responsible for them to pay.
Following an accident that leaves you with an injury, the at-fault party’s insurance company may handle your claim. For instance, in an auto accident, you tell your insurer, and they notify the other driver’s insurance provider. The other driver’s insurance should cover your losses, but there is no guarantee that this will actually happen. In certain instances, the insurer will try to get you to accept responsibility for the accident. They may also pay only a portion of your damages.
When you have an attorney at your side, you can get legal help when you are dealing with an insurance company or the party who caused your injury. Your lawyer can help you determine the damages you can recover in your personal injury case. They can also make sure that your claim is submitted before the statute of limitations to do so lapses.
Get Started with a Personal Injury Lawyer in Sunnyvale
Suits Litigation Inc. provides the highest level of client service. Our Sunnyvale injury attorneys are here to help you in any way we can. To learn more or schedule a free consultation, contact us today.