If you have been injured because of another party’s negligence or wrongdoing, you have the right to seek compensation for your damages. Personal injury in California refers to physical or emotional injury caused by the actions of another party.
Our Oakland personal injury lawyers have represented personal injury clients in California for more than 50 years. We have recovered more than $2 billion in settlements and awards for clients. Past results depend on the specific facts of each case and do not guarantee a similar outcome.
We were founded on the principle that hard-working families in California should have access to quality legal representation to address the physical, financial, and emotional impact of accidents. That remains our mission today.
If you have been injured in an accident caused, even in part, by another party’s fault, we can review your case and explain your legal options. Our attorneys provide representation focused on pursuing compensation supported by the facts and applicable law.
Potential Compensation in Oakland Personal Injury Claims
When you have been injured and medical bills are increasing, it is important to understand what types of compensation may be available. In California, there are generally three categories of damages: economic damages, non-economic damages, and, in limited cases, punitive damages.
Economic damages include those losses and expenses that are more readily calculated, such as:
- Medical bills
- Future medical expenses, including therapies
- Future necessary surgeries or procedures related to the accident
- Lost wages
- Loss of potential earning capacity
- Property damage
Non-economic damages are more difficult to quantify but may include:
- Physical pain and suffering
- Emotional distress and trauma
- Damage to family relationships
- Loss of consortium
- Loss of enjoyment of life
- Diminished quality of life
- Disfigurement
Punitive damages are rarely awarded. Courts generally reserve punitive damages for cases involving malice, oppression, or fraud. Unlike economic and non-economic damages, which are intended to compensate for losses, punitive damages are intended to punish wrongful conduct and deter similar behavior.
Our personal injury attorneys work to ensure that all applicable damages are considered when evaluating a client’s claim and that potentially liable parties are identified based on the evidence.
Types of Cases We Handle
In our fifty-plus years of practice, our Oakland car accident lawyers have handled a wide range of personal injury cases.
Some of the more common personal injury cases include:
- Car accidents
- Large truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Dog bites
- Slips, trips, and falls
- Premises liability
- Product liability
- Bus accidents
- Construction and other work-related accidents
- Wrongful death cases
- Catastrophic injuries
- Rideshare accidents
- Traumatic brain injuries
- Spinal cord injuries
- Back and neck injuries
- Amputations, broken bones, and burns
Regardless of the type of accident or injury, our attorneys can review your case and discuss whether you may pursue compensation under California law.
Statute of Limitations in Oakland Personal Injury Cases
If you have been injured because of another person’s fault, you must bring your claim before the statute of limitations expires. The statute of limitations sets the deadline for filing a lawsuit.
If you do not file within the prescribed time, your claim may be barred. In a personal injury case, this means filing a lawsuit before the deadline.
Even if you are negotiating with an insurance company, failing to settle or file a lawsuit before the deadline may prevent you from recovering compensation.
In most California personal injury cases, you must file a lawsuit within two years from the date of the injury. There are exceptions.
One exception applies when the injured person was not aware of the harm or could not reasonably determine the extent of the injuries until later. This is known as the “discovery of harm” rule. In that situation, the statute of limitations may begin to run when the injury is discovered.
The statute of limitations may also be tolled, or paused, in certain situations. For example if If you do not file within the prescribed time, your claim may be barred. In a personal injury case, this means filing a lawsuit before the deadline.
Even if you are negotiating with an insurance company, failing to settle or file a lawsuit before the deadline may prevent you from recovering compensation.
In most California personal injury cases, you must file a lawsuit within two years from the date of the injury. There are exceptions.
One exception applies when the injured person was not aware of the harm or could not reasonably determine the extent of the injuries until later. This is known as the “discovery of harm” rule. In that situation, the statute of limitations may begin to run when the injury is discovered.
The statute of limitations may also be tolled, or paused, in certain situations. For example If you do not file within the prescribed time, your claim may be barred. In a personal injury case, this means filing a lawsuit before the deadline.
Even if you are negotiating with an insurance company, failing to settle or file a lawsuit before the deadline may prevent you from recovering compensation.
In most California personal injury cases, you must file a lawsuit within two years from the date of the injury. There are exceptions.
One exception applies when the injured person was not aware of the harm or could not reasonably determine the extent of the injuries until later. This is known as the “discovery of harm” rule. In that situation, the statute of limitations may begin to run when the injury is discovered.
The statute of limitations may also be tolled, or paused, in certain situations. For example, if the injured person is a minor, the statute generally does not begin to run until they reach adulthood.
Another example is if the defendant was out of state or imprisoned after the accident, the limitations period may be affected.
During the COVID-19 pandemic, certain statutes of limitations and deadlines were also tolled.
Because time limits can vary based on the facts of each case, it is important to speak with an attorney about the deadline that applies to your claim.
California’s Pure Comparative Negligence Rule
California follows a pure comparative negligence rule. This means that a personal injury claimant may seek damages even if they were partially at fault for the accident.
However, any recovery is reduced by the percentage of fault assigned to the injured party. For example, if a court finds that you were 70% at fault and your total damages were $100,000, your recovery would be reduced by 70%, resulting in $30,000.
At Jacoby & Meyers Injury Lawyers, we work to present evidence regarding liability and to address any allegations of comparative fault in accordance with California law.
Contact an Oakland Personal Injury Attorney Today
Jacoby & Meyers Accident & Injury Lawyers – Oakland
66 Franklin St Suite 300,
Oakland, CA 94607
(510) 616-9169
If you have been injured in an accident in Oakland, you may wish to consult with an Oakland personal injury attorney about your situation.
At Jacoby & Meyers Injury Lawyers has more than 50 years of experience representing California personal injury clients. We offer consultations to discuss your case, answer your questions, and explain your options.
Call us today at (510) 616-9169 or visit our contact page to schedule a free consultation. We will listen to your concerns and provide information to help you make informed decisions about your claim.