Brooks was amazing — I tell everyone “he saved me.” I had a horrible situation with a doctor’s error, but when I went to see other lawyers about it, they treated me like I was some kind of case study. Brooks spoke to me like a human — he would tell me, “As your friend, I say this, as your lawyer, I say this,” and it really helped me get through the situation. I really trusted him, and he came through with amazing results. He set the bar very high, so if I ever had another personal injury issue, I wouldn’t settle for anything less!
Oakland Personal Injury Lawyers
Accidents are common in Oakland. Injuries can occur in accidents, and personal injury lawyers can provide assistance for a variety of injury cases. An experienced Oakland personal injury lawyer can help an injured person recover compensation for the damages that a negligent party caused them.
Whether a negligent party caused catastrophic injuries, severe injuries, or minor injuries, a personal injury attorney can help victims gather the relevant evidence they need to support their claims in the legal process. Lawyers also handle all negotiations with insurance companies and other parties to recover the monetary compensation their personal injury clients deserve to help pay for recovery costs.
What areas of practice do personal injury lawyers take cases in?
Personal injury law practice areas encompass various accident cases. All of these cases are connected through the legal theory called negligence. Negligence arises when a person fails to act in a reasonably prudent way and causes someone else’s injuries. This area of law can be applied to many different types of accidents.
Cutter Law has years of experience advocating for the legal rights of injured parties in the Oakland area. Cutter Law provides each client with the personal attention required to award compensation after an accident. Some of the many types of personal injury cases Cutter Law has experience in include:
- Car Accidents
- Motorcycle Accidents
- Pedestrian Accidents
- Truck Accidents
- Uber/Lyft Accidents
- Wrongful Death
- Medical Malpractice
- Birth Injuries
- Brain Injuries
- Sexual Assault
- Bus Accidents
- Bicycle Accidents
Regardless of the type of personal injury case, injury victims and accident victims should take immediate action and contact an experienced personal injury attorney in the Bay Area for a free consultation to discuss personal injury needs.
How common are accidents in Oakland?
Between 2012 and 2016, Oakland, CA, saw a 76% increase in fatal or serious injuries from traffic crashes and motor vehicle accidents. Some other startling statistics include:
- More than 1 in 4 fatal Oakland auto accidents resulted from a negligent driver speeding.
- Of Oakland residents that get into an accident in an intersection, 75% suffer severe or fatal injuries. This could potentially be attributed to the fact that less than 10% of intersections in Oakland actually have signals. However, almost 50% of all deaths occur in signalized intersections, so the cause of the risk is unclear.
- Drivers failing to yield to a pedestrian cause 1/3 of pedestrian fatalities.
The City of Oakland states that someone is killed or severely injured in a traffic crash two times every week in Oakland. Also, only 6% of the streets in Oakland account for more than 60% of the severe and fatal crashes.
On May 1, 2021, a woman suspected of driving under the influence caused an accident that resulted in one dead and another critically injured. The woman in her early twenties ran into a guardrail while trying to merge onto southbound Interstate 880. After crashing into the guardrail, the driver stopped the car in the middle of the lane, compromising the safety of others, and a passenger got out to stand on the roadway of I-880 near 66th Avenue. Another car collided with the stopped vehicle, causing the stopped car to strike the passenger and kill her. The driver of the stopped car was arrested for suspected driving under the influence.
Of the United States population, more than 8 million people visit hospitals each year due to a falling accident, representing the most significant cause of hospital visits at 21.3%. Slip and fall accidents account for more than one million hospital visits each year, representing 12% of total falls. These falls can occur in the office, at a construction site, in the home of the property owner, or elsewhere.
However, Oakland accidents and Northern California accidents are not isolated to auto accidents, collisions, and slip and falls. Cutter Law brings many lawsuits against major corporations that failed to protect individual consumers and caused them personal injuries. Corporations, manufacturers, and designers owe the public a duty of care to protect them from damage, and they often fail to do so.
What kinds of injuries can I receive compensation for?
The most common types of injuries that result from any kind of accident include:
- Broken bones
- Scrapes and cuts
- Soft tissue injuries, including damage to muscles, ligaments, and tendons
- Head injuries
- Traumatic brain injuries
- Chest injuries
- Back injuries
- Spinal injuries
- Internal injuries
- Arm and leg injuries
Regardless of whether an injury is apparent, it is always a good idea to seek medical care immediately after an accident because the injury may not appear until days or weeks after the accident occurred. Further, you should see a doctor or seek medical attention after an accident so that you can have the medical report on record—this evidence could matter a lot in your case.
If a negligent party caused your injuries, you can file a claim to receive compensation for any medical bills and medical expenses you have incurred as well as future medical expenses you may incur. Further, if you can no longer work due to your injuries, you can potentially receive compensation for any lost wages. If you are no longer able to work at your job because of an injury, you can receive compensation for any loss of future income as well. These costs are known as economic damage.
Finally, you can also receive compensation for any pain and suffering that you endured due to the accident, such as not enjoying life and things as you used to. Pain and suffering damages are known as non-economic damages. It is often difficult to quantify personal information like pain and suffering. However, an experienced Oakland personal injury attorney understands the rules of law and will help guide you every step of the way to ensure that you receive the compensation you deserve.
If someone else’s negligence caused you to lose a family member, then you can potentially file a wrongful death suit as well. Although no one can take away the pain of losing a loved one, you may be entitled to receive compensation for the following:
- Medical bills and expenses before your loved one’s death
- Funeral costs
- Loss of income
- Loss of companionship
- Loss of enjoyment of life
No one can take away the pain from your injuries or losing a loved one, but you do not have to go through these difficult times alone. Experts of law can help you navigate the complex legal process to receive the compensation you deserve to help pay for the recovery and healing journey.
How much will my personal injury claim be worth?
The amount that your personal injury claim will be worth depends on the facts of your case. Each case will be evaluated based on various factors:
- Medical bills and other medical expenses
- Property damage
- Lost wages
- Any future lost income
- Estimated future medical expenses
- Non-economic damages
The more severe your injuries are, the more significant amount of compensation you may be entitled to, as your medical expenses and property damage will likely be higher. Further, if your injuries are severe enough that you are out of work for an extended period of time or you expect to no longer be able to work at a particular job, the total amount will likely be higher.
To calculate non-economic damages, some states use multipliers, which multiply the total amount of economic damage by a determined number. Generally, non-economic damages in California claims can increase the total damage 1.5 to 5 times its original amount.
However, as mentioned, each case is different, and the total amount of monetary compensation you may be entitled to will vary based on the facts of your case.
How can an experienced Oakland personal injury lawyer help me?
An experienced Oakland personal injury law firm will have a legal team that can provide you with amazing legal services to ensure that you receive the compensation you deserve. This is a multi-step, in-depth process that the best lawyers know how to navigate. Some of the most crucial steps include:
- Investigating the accident. A knowledgeable lawyer will be able to properly investigate what happened, asking you and the other parties the right questions to get all of the details necessary for a claim.
- Gathering the evidence. A lawyer will know who to speak to in order to gather all of the relevant evidence to support your claim. This will include collecting all medical bills, medical records, medical treatment history, police reports, surveillance footage, testimonies from expert witnesses, witness statements, photographs, and any other relevant information.
- Drafting a demand. Your lawyer will prepare a demand letter to the at-fault party’s insurance company, demanding the compensation along with a thorough justification as to why you are requesting a specific amount.
- Handling all communications with the other party and the insurance company. If the insurance company responds with a settlement offer on the insurance claim, your attorney will be able to review the offer and determine whether or not it is a fair settlement offer. It is crucial to note that insurance companies will attempt to settle for as low as possible, expecting unrepresented claimants to accept these low offers. An attorney will also handle all negotiations to ensure that you receive a fair settlement amount.
- Litigation. If the insurance company or the other party fails to offer a fair settlement amount, your lawyer will be able to walk you through each step of the litigation process when going to court. You will want the best trial attorney for this process.
An experienced Oakland personal injury attorney has the knowledge to look out for your best interests. During the initial meeting, your lawyer will be able to answer any questions you have and ensure you understand your legal rights. Without legal representation, you may not be receiving the total amount of compensation you are entitled to.
What is the personal injury claim process like?
Though everyone’s injuries are different after an accident, the process to file a personal injury claim can be similar in each instance.
- Seek medical treatment. Whether or not you think you have any injuries, you should always get in touch with a doctor after an accident. Not only is this crucial for your health, but the medical report will be instrumental in supporting your claim for injuries or damages.
- Consult with a personal injury lawyer. Your personal injury lawyer will guide you through all of the necessary steps and explain everything you need to do to file your claim.
- Drafting a demand and negotiating. After evaluating all of the evidence, your lawyer will prepare the demand and send it to the at-fault party’s insurance company.
- If settlement negotiations fail, file a personal injury lawsuit. Once the litigation phase begins, your lawyer will draft a complaint and file it with the relevant Oakland court. This will begin a timeline for when the case might go to trial.
- Discovery. Once the complaint is filed and the opposing party files an answer to the complaint, you will enter into the discovery phase of the litigation process. This phase is when both parties gather all of the evidence and general information necessary to support their cases. This will involve asking the other party questions and requesting documents from the other party. Your personal injury lawyer will draft all of these documents, ensuring that they are properly drafted everything is filed on time.
- Mediation and negotiation. Usually, most cases end in settlements or negotiations. A lawyer will negotiate with the other party’s lawyer to ensure that the money offered is fair.
- Trial. If negotiations fail, then the case will proceed to trial. Your trial lawyer will present your side of the case against the defendant before the courtroom, demonstrating all of the evidence as to why you should receive the amount of compensation you are requesting.
- Appeals Process. Once the case is determined (either by a jury or a judge), you can appeal the decision if you do not agree with the decision.
Again, a personal injury lawyer will provide you with all of the legal advice you need to navigate these processes. Your legal team’s job is to ensure that you understand what is happening and what your legal rights are.
What happens while the personal injury claim is pending?
A pending status for a personal injury claim usually means that the insurance company is evaluating the claim. The amount of time a claim will be pending will depend on the complexity of the case.
If you have medical bills to pay while your claim is still pending, you do have options. You can defer payments until your claim settles, or you can ask your own health insurance to cover any expenses until you receive any settlement.
When do I have to file a claim by in Oakland?
The statute of limitations for personal injury claims in California is two years from the date of the injury. This deadline means that you have two years to file your claim against the negligent party. Therefore, it is critical that you consult with an attorney to understand your legal rights so that you can file your civil lawsuit or claim in time.
How will I pay my Oakland personal injury attorney?
Some law firms operate on a contingency fee basis, meaning that you will not have to pay unless you receive a fair settlement offer. Other payment setups include a fixed fee and also a contingency if you win. Some law firms operate at an hourly rate as well.
It is essential to discuss your financial situation and goals with your attorney before requesting legal services.
How should I choose a personal injury lawyer?
When deciding which personal injury law firm to work with, it is vital that you gain an understanding of who you will be working with and the firm’s past successes. Ask questions to determine if they are a good fit. Some of these questions can include:
- How many similar lawsuits or claims have you worked on in the past?
- Do you have the bandwidth to provide me with personalized attention?
- What areas of law do you have experience in?
- What is your fee?
- Do I have to pay for any costs in advance?
- How involved in the process will I be?
- Who will be working on my case? Will it be a partner at the firm or a lower-level associate?
- What is your evaluation of my case?
It is also crucial to look for compassionate, knowledgeable, experienced lawyers who are passionate about helping their clients.
When should I contact an Oakland personal injury lawyer?
If someone else’s negligence caused your injuries, you should consult with an attorney to learn about your legal rights today. Contact our legal team here at Cutter Law for a free initial consultation and learn how we can help you.