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Personal Injury in California


When someone is injured by the actions of another, whether intentional or by accident, California law provides a means of compensation for the victim. In most cases of personal injury, someone (or some entity) is legally responsible for paying that compensation to the victim, or to the victim's family. Personal injury lawsuits can cover a broad range of circumstances, such as injuries caused motor vehicle accidents, slip and falls, defective products, dangerous conditions on someone's property, animal bites, assault and battery, or wrongful death. If you or a loved one has been injured, or a loved one killed by the acts of another, you need skilled professional legal advice. At the Law Offices of Sterns & Walker, our experienced personal injury attorneys will aggressively protect your rights and help you secure the compensation you deserve. Call us today for a free case evaluation.

Checklist of Things To Do After an Injury

If you or a loved one has been injured in an accident, it is important to take the following steps in order to protect your legal rights for any future claims:

Get immediate medical attention: It is most important to have your injuries treated as soon as possible. Tell the attending physician as many details as possible about the accident and your injuries in order to document important medical information.

Preserve evidence: Write down the names, addresses, and phone numbers of any witnesses to the accident. If a motor vehicle is involved, note license plate numbers and insurance information. If possible, use your cell phone to take photographs of the accident scene and surroundings from various angles. If a defective product is involved, keep it in a safe place in the same condition as it was at the time of the accident.

Document your injuries: Keep records of all medical treatments, medications, time off work, pain and suffering, and all related expenses. Take photographs of external injuries.

Contact an attorney: contact an attorney as soon as possible after the accident. Make sure that your attorney is experienced in personal injury matters, and do not speak with insurance company representatives without first talking to your personal injury lawyer.

Types of Personal Injury Claims

There are three basic types of personal injury claims.

Negligence claims: The most common type of personal injury claim is based on the negligent action of another. A person who is negligent does not intend to cause an injury; however, their liability is the result of careless or thoughtless action, as compared to how a reasonable person would act under the same circumstances. For example, a driver may be negligent for failing to follow traffic laws, or a property owner may be negligent for failing to maintain their premises safely (i.e., failing to repair sidewalks or failing to place a fence around a swimming pool). In malpractice claims, the negligent actions of a professional (such as a doctor, lawyer, engineer, pilot, etc.) are compared to how a reasonable person in the same profession would have acted.

Strict liability: Strict liability is a type of personal injury claim that has nothing to do with fault, and a person can be liable even if they acted reasonably. It is usually applied in cases of injuries caused by animals (where the owner or handler is liable), abnormally dangerous activities (such as storage of explosives), or product liability. Product liability involves unsafe products due to defective manufacturing, defective design, or inadequate instructions or warnings. Several parties may be liable, including the manufacturer, wholesaler, retailer, or even the installer of the product.

Intentional wrongs: An intentional wrong occurs when someone has the intent to cause injury to another, such as in an assault and battery, sexual abuse or domestic violence. In addition to criminal charges, the victim may also be able to file a civil suit for personal injury damages.

California Personal Injury Attorneys

At the Law Offices of Sterns & Walker, our experienced and skilled personal injury attorneys will diligently pursue your claim and help you recover the compensation you deserve. Depending upon your circumstances, you may be able to recover current and future medical bills, pain and suffering, lost wages, and other damages. Contact Sterns & Walker today.

OAKLAND   CALIFORNIA   ·   825 Washington Street   ·   Suite 305   ·   Oakland,  California  94607   ·   tel  (510) 267-0500   ·   fax  (510)  267-0506

SAN   FRANCISCO   580   California   Street   ·   Suite   500   ·   San   Francisco,   California   94104   ·   tel  (415)  255-4700   ·   fax  (415)  255-4747

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