Our Oakland car accident lawyers represent those who have been injured in a motor vehicle accident. Call us today for a free consultation, if you or a loved one has been injured or killed in a car accident which was at least partially someone else’s fault.
We will handle your personal injury claim on a contingency fee basis, which means that we won’t charge you any fee to handle your Oakland accident case until and unless we recover compensation for you.
Our Oakland personal injury lawyers have been helping car accident victims since 1990 and have recovered over $750,000,000 for clients. We have extensive experience which will allow us to recover the most compensation possible in your personal injury lawsuit or claim.
If you can’t afford to have your injuries treated, an Oakland car accident attorney at our firm can help you get to doctors who won’t charge you until your case is over. Doctors trust us enough to do this because they know we get great results for our clients.
Call us today for a free consultation, text us from this page or fill out this page’s free case evaluation form if you or a loved one has been injured or killed in an accident in Oakland. An Oakland personal injury attorney at our firm can help you recover compensation for medical bills, lost wages, pain, suffering, wrongful death and more. Call us today.
Table of Contents:
- Do I Need a Car Accident Attorney?
- Why You Should Choose Our Oakland Car Crash Attorneys
- How Much Is My Oakland Car Accident Worth?
- Examples of Our Successful Car Accident Cases
- Common Types of Car Accidents in Oakland
- Common Injuries in Oakland Accidents
- Steps to Take After a Car Accident
- FAQs
Do I Need a Car Accident Attorney?
It can be worthwhile to hire a car accident attorney, particularly if your case is complex or your injuries are significant. Lawyers can help you to navigate the whole legal process, effectively negotiate with insurers, and possibly secure a bigger settlement.
Reasons you should consider hiring an accident lawyer include:
Navigating Complicated Legal Processes
Cases involving car accidents can be complicated, involving legal procedures, liability disputes, evidence gathering, local laws and insurance claims which can overwhelm those without any experience in the legal field.
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Negotiating With Insurers
An insurance company is a business. A business’ goal is to profit. So, an insurance company’s goal is to minimize all payouts. An experienced lawyer can effectively negotiate for you and level the playing field to make sure you end up receiving fair financial compensation for your damages and injuries.
You are entitled to compensation for your damages and injuries under California law when your accident is due to someone else’s negligence. However, when insurers give you a low ball offer, the only way you can enforce California law and make them pay you what you’re entitled to is to sue them and win. Insurers know you can’t do this without a lawyer. So, if you don’t have a lawyer, they’re only going to give you low ball settlement offers. You need a lawyer by your side if you want to make the insurance company pay you what you’re entitled to.
Maximizing Compensation
Lawyers can help you to understand your damages’ full extent, including medical expenses, pain and suffering, lost wages and property damage, making sure you are fully compensated.
Protecting Your Legal Rights
A lawyer can help you to understand your legal rights and make sure you don’t mistakes which may jeopardize your claim.
For example, insurance companies train adjusters to trick accident victims into admitting fault for accidents or admitting their injuries aren’t as severe as they claim. It’s very easy to accidentally fall for adjusters’ manipulative questions and it’s very easy for adjusters to twist the meaning of your words and take your words out of context. It’s vital to have a lawyer to handle all communications with insurance companies for you if you want to avoid saying the wrong thing which crashes the value of your case.
Focusing on Injury Recovery
With a lawyer handling all legal aspects of your case, you can simply focus on health and recovering from your injuries. This is vital after a car accident.
If You’ve Been Hurt
Even a minor injury can end up leading to long-term issues. A lawyer can assist with navigation of the legal process, seeking financial compensation for any injuries.
If Fault Is Disputed
If another party denies fault for an accident, a lawyer can help collect evidence which proves their negligence.
If Significant Property Damage Occurred
If you’ve sustained substantial damage to your vehicle, a lawyer can help you to seek financial compensation for replacement or repair costs.
If You’re Not Sure About Your Options or Rights
If you are not sure about how to proceed or your next steps, a consultation with a lawyer can give you valuable guidance.
If Your Case Is Complicated
Cases involving significant injuries, unclear liability or multiple parties are commonly best handled by experienced lawyers.
Why You Should Choose Our Oakland Car Crash Attorneys
We have proven results. We have recovered hundreds of millions of dollars for our clients.
We have decades of experience. We have been handling car crash cases for over 30 years. Car crash cases are the bread and butter of our law firm. We know the ins and outs of them.
We will give your case the personalized, individual attention it deserves. We will promptly respond to all of your calls, emails and texts. Our polite, professional, compassionate staff will treat you like family. Every case is important to us – no matter how big or small.
We won’t charge you any fee if we don’t win your case, so there’s no risk behind calling us. Call us today for a free consultation.
How Much Is My Oakland Car Accident Worth?
The value of your car accident claim in Oakland will depend upon the damages you have suffered. Damages which our lawyers can help you successfully recover compensation for include:
Medical Bills
This includes all past as well as future medical bills which are related to the injuries you suffered in your accident, so if you’re already facing medical bills or you’ll need treatments in the future which will generate more bills, we can get you compensation for them.
Lost Wages
This includes wages you’re unable to earn due to being injured too severely to work or having to miss work to get your injuries treated.
Loss of Earning Capacity
This includes any reduction or loss of your earning capacity caused by a disability which results from your accident.
Property Damage
This includes the cost to repair or replace your vehicle as well as any other property in your vehicle at the time of the accident.
Pain and Suffering
We’ve been helping Oakland residents accurately calculate the value of their physical pain and mental suffering and recover fair compensation for it for over 30 years.
Wrongful Death
If you’ve lost a loved one in an accident in Oakland, we can file a wrongful death lawsuit on your behalf seeking financial compensation which can help ensure that your family doesn’t need to go through financial hardship due to the loss of your loved one and associated costs like burial bills, funeral bills and the loss of your loved one’s income.
Punitive Damages
Not every Oakland accident case will lead to punitive damages, but if your case involves someone else’s reckless or intentional conduct, we’ll seek punitive damages to punish them and maximize your recovery.
Examples of Our Successful Car Accident Cases
Examples of successful recoveries we and our partners have obtained for motor vehicle accident victims include:
- $32,698,073 in a case which involved an auto seat defect
- $29,270,000 in a case involving the State of California failing to install a median barrier
- $26,000,000 for a pedestrian who got struck by a vehicle because the State of California gave pedestrians insufficient crossing time
- $18,300,000 in a case involving a faulty seat latch, a van rollover causing paralysis
- $15,300,000 in a case involving a flawed roadway design
- $14,443,205 in a case involving an auto defect
- $12,248,000 in a case involving an auto defect
- $11,000,000 in a case involving a truck clipping a car as well as brain damage
- $10,750,000 in a case involving a truck striking and killing a pedestrian
- $10,200,000 in a case involving negligence and an auto defect
- $10,000,000 in a case involving truck striking a pedestrian, causing brain damage
Common Types of Car Accidents in Oakland
According to the City of Oakland, common reasons for accidents in Oakland include failure to yield, speeding, red light running, unsafe turning and driving while drunk or drugged.
Common car accident types include:
- Rear-end collisions
- T-bone accidents
- Hit-and-run accidents
- Pedestrian accidents
- Bicycle accidents
- Head-on collisions
- Motorcycle accidents
- Truck accidents
- Sideswipe accidents
Common Injuries in Oakland Accidents
Common injuries involved in accidents in Oakland include:
- Spinal cord injuries
- Head injuries
- Whiplash
- Soft tissue injuries
- Internal injuries
- Burns
- Traumatic brain injuries
- Chest injuries
- Limb damage
- Broken bones
- Neck injuries
- PTSD
- Internal bleeding
- Arm and leg injury
- Concussion
- Herniated disc
- Shoulder injury
- Knee injury
- Sprain
- Facial trauma
- Laceration
- Psychological injury
- Scrapes and cuts
- Coma
- Death
Steps to Take After a Car Accident
Steps you should take after your car accident include:
Call 911
Calling 911 will allow anyone injured to be treated as quickly as possible. It’s also important to have the police show up and draft up a police report, of which you should ask for a copy. A police report can be crucial evidence when it comes time to convince an insurance company to compensate you for your injuries.
Seek Medical Attention
Do not delay treatment. Receive medical attention for any injuries as quickly as you can, even if your injuries seem minor. Major injuries can sometimes not show symptoms for days, weeks or months after an accident. Adrenaline and endorphins at the scene of the accident can also mask the symptoms of injuries. It’s vital to have any injuries documented by a medical professional as quickly as you can so an insurance company can’t claim something else caused you to get injured.
Follow all recommendations from doctors. Attend all appointments. Take all medications prescribed. Participate in all recommended treatments. Failure to do these things can lead to insurance companies claiming your injuries aren’t as severe as you claim.
Document all injuries. Keep detailed records of all injuries, treatments, and any limitations caused by them.
Collect Evidence
Document everything. Take videos and photos of the scene of the accident, your injuries, and vehicle damage.
Collect witnesses’ information. Obtain statements, contact details and names from anyone who witnessed the accident.
Keep records. Save any documents related to your injuries and the accident, such as prescriptions, bills and medical records.
Preserve evidence. Do not dispose of evidence, including your vehicle, until your case’s investigation is completed.
Understand the Legal Process and Your Rights
Know California law. Make sure to be familiar with laws in California about personal injury claims and car accidents.
Have an understanding of the insurance process. You should learn how claims are handled by insurance companies and the tactics that they use.
Do not admit fault for your accident. Don’t do this even if you are not sure of whose fault the accident is.
Do not give recorded statements to insurance companies. Let your lawyer do this for you.
Effectively Negotiate
Exercise patience. Do not rush into your settlement.
Do not accept the insurance company’s first offer. Insurance companies’ first offers are virtually always low ball offers.
Strategically negotiate. Know your claim’s value and prepare yourself to justify the demands you make.
Additional Tips
Do not post about your accident on social media. Do not make statements which insurance companies can use against you.
Be cooperative and honest. Give law enforcement and insurers accurate information.
Consider Hiring a Lawyer
An experienced lawyer can help you to navigate through the legal process and can effectively negotiate with insurers for you. Do not hesitate to look for legal advice. If you are not sure of your legal rights or how you should proceed, you should consult with a lawyer.
FAQs
Are Oakland Car Accident Settlements Taxable?
You cannot be taxed on financial compensation for medical bills or pain and suffering in an Oakland car accident settlement.
However, compensation for some other things is taxable, including:
- Interest earned on settlements
- Punitive damages
- Non-economic compensation not tied directly to physical injuries
- Compensation for wages lost
What Is the California Statute of Limitations on Car Accident Claims?
Most cases will involve a two year statute of limitations in California. This means you have two years from the date of the accident, most of the time, to file your claim. Failure to abide by this deadline can forever prevent you from recovering compensation.
There are important exceptions to this time limit, though – some can shorten the time limit and some can lengthen it. An important one to keep in mind is that you only have six months from the accident date to file a claim if a government entity is liable for damages.
Call us today for a free case evaluation if you are not sure if you still qualify to file a claim – we can let you know, as we are familiar with all complexities regarding statute of limitations laws.
What Are Most Lawyer Fees for a Car Accident?
Most car accident claims are handled by lawyers who charge contingency fees, such as the lawyers at our law firm. This means that the only fee is a percentage of whatever money is recovered for the client, so no fee is charged if the lawyer doesn’t win the case. This means that the client is not charged any upfront or out-of-pocket fee, as a fee isn’t charged until and unless a recovery is obtained.
In cases involving car accidents in California, attorneys typically charge contingency fees between 33 percent and 40 percent of any recovery obtained for the client. 33 percent is often charged when cases settle prior to reaching trial and 40 percent is often charged when cases proceed to trial.
What Are the Chances of Winning a Car Accident Lawsuit?
The chances of you winning your car accident lawsuit will depend on multiple factors, including evidence strength, injury severity, and level of negligence. However, most personal injury cases like cases involving motor vehicle accidents will settle prior to trial. Only a small percentage of auto accident cases end up in court.
Factors which influence the chances of winning your case include:
- Evidence strength: Strong cases with clear evidence that negligence occurred, such as medical records, witness statements and police reports, are significantly more likely to be won.
- The other party’s negligence: A crucial factor is how much fault is assigned to the other driver. Your case will be stronger if negligence on behalf of the other driver is clear.
- Settlement and negotiation: Most lawsuits involving car accidents get settled prior to reaching trial. So, having a skilled attorney who can effectively negotiate on your behalf can significantly affect your case’s outcome.
- Legal representation: You can significantly improve the chances you have of recovering a fair settlement by hiring a lawyer like the lawyers on our legal team. Lawyers have the experience and know-how necessary to effectively negotiate and navigate the entire legal process. An Insurance Research Council study found that those with lawyers receive settlements which are 3.5 times bigger than those who don’t.
Car accident statistics and trends:
- Over 96 percent of injury lawsuits filed in state courts lead to private settlements rather than civil court verdicts.
- Only three to five percent of injury lawsuits ever end up in trial.
How Much Is the Average Car Accident Settlement in CA?
Average car accident settlements in California usually fall between around $20,000 and around $30,000. However, they can vary a lot based upon injury severity and other factors like property damage.
Moderate cases are often worth $20,000 to $30,000. Less severe accidents often end up being worth $10,000 to $25,000. More serious accidents often end up being worth $50,000 to $250,000. Cases involving wrongful death, permanent disability or catastrophic injuries like traumatic brain injuries can be worth $1 million or more.
Whiplash cases are often worth $10,000 to $30,000. Head-on collision cases are often worth $25,000 to $150,000. Rollover accident cases are often worth $50,000 to $250,000. Hit and run accident cases are often worth $10,000 to $75,000. Multi-vehicle accident cases are often worth $15,000 to $100,000.
It is important to note that the above are simply general guidelines. Your actual settlement amount might vary significantly depending on the circumstances of your case.
Factors which affect the size of settlements include:
- Injury severity: More serious injuries, like those that result in permanent disability or require extensive medical treatment, typically result in larger settlements.
- Insurance coverage: The amount of coverage provided by insurance companies on policies is a vital factor.
- Accident type: Accidents which involve commercial trucks or motorcycles, which commonly have more potential for serious injuries, can lead to larger settlements.
- The damages’ extent: Property damage, lost wages and cost of medical treatment will all factor into the size of your settlement. The settlement amount can also be affected by future damages like lost earning capacity and future medical needs.
- Liability and fault: Your settlement can be affected by how much fault is attributed to you.
Call us today for a free case evaluation if you or a loved one has been injured or killed in a car accident in Oakland. We can let you know how much your settlement may be worth.
