If a person injures you through negligence, recklessness, or other wrongdoing, you may be entitled to compensation for your injuries and damages. A personal injury claim may arise from a variety of incidents including auto accidents, dog bites, falls, bicycle accidents, defective products, and pedestrian accidents. It is important to consult with a Sacramento personal injury lawyer as soon as possible to discuss your claim. State laws restrict the time to file personal injury lawsuits in California.
When Should I File a Personal Injury Claim in California?
California’s Statute of Limitations has a two-year deadline for most personal injury lawsuits. If the victim was unaware of the injury, the deadline for filing a personal injury lawsuit might be one year from the date the injury was discovered. However, you cannot always rely on the two-year rule in all cases. In some cases, the statute of limitations to file a personal injury lawsuit may be shorter or longer than the deadline in a typical case.
For example, if a government agency or employee is a defendant in the case, you usually must file a claim with the agency within six months to protect your right to file a personal injury lawsuit. When the injured victim is under 18 years of age at the time of injury, the statute of limitations is tolled until the person’s eighteenth birthday. The statute of limitations begins to run after the person reaches 18 years of age.
It is best to contact a Sacramento personal injury attorney as soon after the accident as possible. Calculating the statute of limitations for your case can be complex. There could be a factor in your case that shortens or lengthens the statute of limitations. In addition to ensuring you file your claim before the deadline expires, it usually takes time to obtain the information, documentation, and evidence necessary to prepare a personal injury lawsuit for filing.
How Can An Attorney Help Me With a Personal Injury Claim?
It is common to be overwhelmed after you or a loved one is injured in an accident. You have many things to deal with, including medical treatment and financial matters. A personal injury attorney can help you by explaining your legal options and the steps you need to take to protect your right to receive compensation from the party who caused your injury.
An attorney conducts a thorough accident investigation to determine the cause of the accident and gather evidence proving fault. In addition, the attorney identifies the party or parties liable for damages. It is important to have evidence to prove fault and identify the liable parties. Fault and liability are two of the necessary elements in a personal injury lawsuit.
Proving damages is another key element in a personal injury claim. Your attorney works closely with you to document your damages to maximize the amount of compensation you can receive for your claim.
In many cases, a claim may be settled outside of court. However, if the insurance company will not offer a fair settlement, you need an experienced Sacramento personal injury attorney on your side to protect your rights.
Call Now for a Free Case Review with a Sacramento Personal Injury Lawyer
To schedule a free consultation with an attorney, call The Tiemann Law Firm by calling (916) 999-9000 or contact us online.
When another party’s negligence or recklessness injures you, you may receive compensation. California’s personal injury laws allow accident victims to file a Sacramento injury claim for a variety of losses and damages. Damages that are compensable in a Sacramento injury claim include:
- Cost of medical care
- Loss of income
- Permanent disability or impairment
- Physical pain and suffering
- Scarring and disfigurement
- Emotional and mental suffering
- Other financial losses and expenses
Calculating the Value of a Sacramento Injury Claim
The value of your Sacramento injury claim depends on several factors. Four of the top factors that impact the value of your personal injury claim are:
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Whether you are partially at fault for the cause of the accident.
Under California’s pure comparative fault laws, your compensation decreases by the percentage of fault assigned to you for the accident. For example, if you are 30 percent at fault for the accident, the maximum compensation for your claim is 70 percent of your damages.
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The available insurance coverage.
If the other driver carries minimum insurance coverage, the insurance provider is only obligated to pay compensation up to the policy limits. You can try to collect compensation from the driver. However, if the driver carries minimum insurance coverage, he may not have assets that could be seized to satisfy a judgment.
Therefore, it is wise to carry maximum uninsured and underinsured motorist coverage to protect against drivers who carry the minimum insurance coverage or drive without insurance coverage.
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Type and Severity of Injuries
In most cases, the value of a Sacramento injury claim increases when the victim suffers a permanent disability. Ongoing medical costs, future lost wages, and a loss of earning capacity can substantially increase the value of an accident claim. In addition, the value of pain and suffering damages increases for traumatic injuries and permanent impairments.
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Out-of-Pocket Expenses
Accident victims are typically entitled to receive compensation for financial losses related to the accident, their injuries, and their recovery. Other out-of-pocket expenses that are generally compensable in a Sacramento injury claim include travel expenses, help with household chores, personal care, medications, medical equipment, and personal care services. In many cases, the length of your recovery impacts the value of your accident claim. You continue to incur expenses during your recovery.
Do You Need a Sacramento Car Accident Attorney?
If another driver injured you, it is important to understand your legal options for recovering compensation. However, it can be difficult to calculate the value of a Sacramento injury claim if you have never filed an accident claim. Therefore, hiring an experienced attorney who understands the various factors that impact the value of a claim can increase your chance of recovering a fair and just amount for your accident claim.
For a free legal consultation, you can contact The Tiemann Law Firm by calling (916) 999-9000 or by visiting our website. In most cases, our Sacramento personal injury attorneys accept cases on a contingency fee basis. Therefore, you do not need to worry about paying our attorney fees unless we recover money for your claim.
Many people file injury claims each day for accidents involving motor vehicles, falls, defective products, wrongful deaths, bicycle accidents, or dog attacks. However, should accident victims hire a Sacramento personal injury attorney to handle their injury claims? If you ask an insurance adjuster, the adjuster will likely tell you that you do not need an attorney and hiring an attorney will only mean less money for you. However, if you ask a personal injury lawyer, the lawyer is likely to tell you that you should always hire an attorney to file an injury claim.
The Sacramento personal injury attorneys of The Tiemann Law Firm have a different answer for you. We believe you should always seek the advice of a qualified, experienced personal injury attorney and then decide if you need to hire a lawyer. Our personal injury lawyers offer free consultations so that you can discuss your case with an attorney before hiring the attorney. There is nothing to lose by taking advantage of a free case review because you are under no obligation to hire our firm.
Advantages of Hiring a Sacramento Personal Injury Attorney
We encourage you to contact our office to discuss your injury. It is our goal to help you recover the compensation you deserve after a negligent individual or company caused your injury. As you consider contacting our office for your free consultation, also consider some of the advantages of hiring a personal injury attorney to file injury claims.
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Most cases are handled on a contingency fee basis.
Therefore, you do not pay any attorney fees if we do not recover compensation for your injury claims.
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An attorney understands the law involved in your case.
Some injury claims involve a set of complex laws. Your attorney understands these laws and the elements required by personal injury laws to prove fault and liability.
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Your attorney handles the accident investigation.
If the other party denies liability, the accident investigation becomes a crucial step in the process of filing an accident claim. The attorney investigates to identify the parties responsible for the accident and to uncover evidence required to prove fault.
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Hiring an attorney early in your case helps you avoid making costly mistakes and errors.
For example, your attorney will advise you not to provide a written or recorded statement to the insurance company for the other party. These statements can be used against you during your case to deny liability or undervalue your claim. Dealing directly with an insurance adjuster can be risky because the adjuster will use tactics such as obtaining a statement to protect the insurance company.
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Discover the correct value of your accident claim.
The insurance adjuster is not going to tell you if you are not asking for enough money to settle your claim. He will also not tell you if his offer of settlement is fair or far below the actual value of your claim. A Sacramento personal injury attorney knows how to value a claim to maximize the amount of compensation you may receive for your injuries and damages.
Contact a Sacramento Personal Injury Lawyer Now for a Free Case Review
Do not try to navigate the claims process alone. Contact a Sacramento personal injury attorney to discuss your case for free. Call The Tiemann Law Firm at (916) 999-9000 for your free consultation.
When you are injured through no fault of your own, California’s personal injury laws provide a way for you to recover compensation from the at-fault party. Examples of incidents that often give rise to a personal injury claim in California include:
- Car Accidents
- Motorcycle Crashes
- Commercial Vehicle Accidents
- Bus and Truck Accidents
- Slips and Falls
- Accidents Involving Defective Products
- DUI Accidents
- Bicycle Accidents
- Pedestrian Accidents
- Dog Attacks
- Elder Abuse and Nursing Home Abuse
The Sacramento personal injury lawyers of The Tiemann Law Firm handle a variety of cases involving personal injuries. We help you seek compensation for your injuries and losses in the fastest and least costly manner possible.
Should I Accept A Settlement Offer from the Insurance Company?
If the insurance company for the at-fault party offers to settle your claim, you need to consider all your options carefully before accepting a settlement offer. Once you accept an offer to settle your claim, you cannot seek further compensation even if you discover additional injuries or damages after the settlement is finalized.
Some insurance companies recognize that they can save money by offering a quick, low settlement to an accident victim before that victim consults with a personal injury lawyer in Sacramento or understands the full extent of the injuries sustained in the accident. Therefore, it is in your best interest to consult with a lawyer before you accept a settlement offer to ensure you are receiving all compensation you are entitled to receive by law.
Hiring an Attorney Does Not Mean Going to Court
Many people assume that they only need to hire a California personal injury lawyer if they need to file a personal injury lawsuit. However, hiring an attorney to negotiate a settlement can increase your chance of receiving more money for your claim. When you consider it is free to talk with one of our attorneys, there is no reason why you should not obtain legal advice before settling a claim.
Our attorneys attempt to settle claims without the necessity of a lawsuit for several reasons. Some of the reasons we seek to settle your claim without a trial include:
- Filing a lawsuit increases the attorney fees and costs of a personal injury claim. In most cases, the costs and fees are less when a claim is settled without filing a lawsuit.
- Going to trial is more time-consuming than settling a claim out of court. Settling a claim without a trial usually results in faster
- When you go to trial, a jury decides your fate. You have no guarantee that the jury will rule in your favor. Settling outside of court gives you a say in the result.
- Trials can be incredibly stressful, especially if the victim is required to testify at the trial.
There are many benefits of settling your claim without filing a lawsuit. However, even if you file a lawsuit, you can still settle the claim before a trial is held. Our Sacramento personal injury lawyers are skilled and talented negotiators, but they are also seasoned trial litigators. Therefore, whether your claim is settled outside of court or you must file a lawsuit, our office is prepared and equipped to handle your claim.
Contact a Personal Injury Lawyer in Sacramento
If another person or party has injured you, do not let your right to recover compensation be taken away from you. For a free consultation with an experienced California personal injury lawyer, call The Tiemann Law Firm at (916) 999-9000 or visit our website.
Who has access to the money you receive from a personal injury settlement? You received the money for an injury. Therefore, no one should be able to take your money. You would assume this statement is true, but it is not true in all cases. However, there are some instances in which a creditor might be permitted to garnish a personal injury settlement.
You need to take steps to protect your personal injury settlement from creditors. Our Sacramento personal injury attorneys can help you take steps to protect the money you receive for an accident claim.
Hospitals, Medical Providers, and Health Insurance Companies
If you owe money to doctors or the hospital for treatment for injuries sustained in the accident, those bills must be paid from the proceeds of your settlement. Under some circumstances, a medical provider may agree to accept a lower amount to settle the medical lien.
In addition, if your health insurance provider, including Medicaid or Medicare, paid medical bills related to the accident, the provider is entitled to reimbursement of those funds from your settlement. As with the medical providers, there are some instances in which an insurance provider may agree to accept a lesser amount to satisfy is subrogation rights. Therefore, these “creditors” may receive some of your settlement funds.
Other Creditors and Personal Injury Settlements
If a creditor files a lawsuit and obtains a judgment, the court may issue an order to garnish assets. Under California laws, money received from a personal injury settlement is exempt from garnishment by general creditors. However, if you do not keep those funds separate from all other money, the creditor could gain access to the funds.
For instance, if you deposit the personal injury settlement check into your bank account, the funds become commingled with other funds. You continue to deposit funds into the account and use the account to pay bills. If the creditor discovers the account, the court could issue an order granting the creditor permission to garnish the account.
Therefore, before cashing a check for a personal injury settlement, talk to your Sacramento personal injury attorney about ways that you can protect that money from creditors.
Protect Your Injury Settlement Proceeds From Garnishment
One way you can protect your personal injury settlement is to open a new bank account for your settlement money. However, you need to keep the settlement funds separate from any other funds you may have now or may receive in the future. Do not deposit any other funds in that account from any other sources.
If you have an existing judgment against you, you should tell your attorney immediately. Your attorney can help you take additional steps to protect your settlement funds from a creditor. Even though personal injury settlements are normally not subject to garnishment, that could change if you are not careful. If you even think garnishment or collection actions could be an issue, tell your attorney.
Call a Sacramento Personal Injury Attorney for More Information
If you have questions about garnishments and personal injury settlement, we can help. Call The Tiemann Law Firm at (916) 999-9000 for a free consultation with one of our attorneys.