Injured After an Accident?
Our Richmond Personal Injury Attorneys Are Here to Help
After being the victim of a serious accident, your life will be forever changed. Your high medical costs and loss of income will force you to make significant adjustments to your current lifestyle. Although insurance companies are supposed to help you offset your injury expenses, they will often do the exact opposite. An insurance company could undervalue your claim, delay payments or refuse to accept any responsibility for your situation. If this happens, then you should hire an experienced attorney who understands the intricacies of personal injury law. Our attorneys recognize that the consequences of a personal injury extend beyond the need for medical treatment. We know that behind every personal injury claim is a family who is suffering because of another party’s negligent actions.
At Wells, Call, Clark, Bennett & Clawson, our attorneys are devoted to delivering professional representation that meets your legal needs. We understand that each client’s personal injury claim is different and requires a specific skill set. Our attorneys have decades of experience handling a variety of personal injury claims. As a result, we have developed insights into California personal injury law that will help us litigate your claim. Our Richmond personal injury attorneys will provide you with individualized services that will help you feel secure about your claim. We will work hard to procure you a settlement offer that allows you and your family a fair chance to recover.
What Can Affect the Value of My California Personal Injury Claim?
While you deserve to be fairly compensated for your injuries, certain factors can affect the value of your injury claim. They include:
- The nature and extent of your injury/prognosis. The costs of your current and future medical treatment must be evaluated. Our attorneys will help you estimate these costs. However, doctors and experts hired by the insurance company will do the same thing. Past jury verdicts for trials involving similar injuries will also be considered when determining the value of your claim.
- Any objective findings that justify your current level of pain. Although pain is subjective, most insurance companies do not accept personal testimony as sole evidence. Without some form of objective evidence, an insurance company will not consider adding value to your claim. MRIs and X-rays are examples of evidence that an insurance company will review when evaluating your claim.
- Your medical history. If you reinjured a part of your body after an accident, then your entire medical history will be scrutinized. Under California tort law, the defendant is not responsible for any of your previous injuries. However, the defendant is responsible if the accident in question aggravated your existing injuries. Our attorneys will use medical testimony to argue that your condition worsened after the accident.
- Your age. Often times, insurance carriers will argue that your injury is a result of degenerative changes. This means that they will often try to blame advanced age for any injuries you suffered during the accident. Our attorneys will use medical testimony to prove that your injuries were caused by the accident in question.
- Your occupation. Whether you are a salaried or hourly employee could affect the amount of lost wages you can claim. Also, your job description and duties could affect the amount of general or non-economic damages you can receive.
How Do I Determine Negligence in a California Personal Injury Case?
Although many factors can influence your personal injury claim, you must first prove that the defendant was negligent. Negligence is a failure to exercise a degree of care, resulting in damage or injury to another person. For example, you could slip and fall on a sidewalk in Richmond, California and suffer severe injuries. You could argue that the city’s failure to fix the sidewalk constitutes negligence. In California, negligence laws operate under the “comparative negligence standard”. This allows you to sue for the percentage of damages attributable to the defense. While the definition of negligence is largely consistent throughout the country, the degree to which negligence is shared can vary. Our attorneys will help you determine negligence in your personal injury claim.
While the process for awarding damages can vary across state lines, you must always first establish that the defendant was negligent. To begin, you must prove that the defendant had a duty and that he or she breached this duty. After this, you must show that the defendant’s breach of duty caused your injury. You must also prove that the defendant’s actions were the proximate cause of your injury. This means that the defendant should have known that his or her action (or inaction) would result in negative consequences. Finally, your accident must have produced actual damages. The costs of rehabilitation, lost wages and pain and suffering are all examples of actual damages. The Richmond personal injury attorneys at Wells, Call, Clark, Bennett & Clawson will investigate the accident scene and help you demonstrate the defendant’s negligence.
Accident in Richmond? Contact Our Richmond Personal Injury Attorneys Today
With over 100,000 residents in Richmond, California, accidents are unavoidable. Whether it is a motor vehicle or pedestrian accident, you need an attorney who understands California injury law. Our Richmond personal injury attorneys will help you hold any negligent party responsible for your accident.
If you are suffering from a personal injury, then you must contact Wells, Call, Clark, Bennett & Clawson today at (501) 808-6118 and schedule a consultation. You can also contact us online and send us a brief description of your case. We promise to respond quickly and look forward to meeting with you soon in our Richmond office.