Santa Rosa Personal Injury Lawyers

Helping Victims Injured by Negligence in Santa Rosa, CA

Personal injury is the legal term for injuries sustained by individuals due to the negligence, carelessness, recklessness, or deliberate misconduct of another party or parties. Such negligence or wrongdoing can lead to harmful consequences for victims and their families, physically, psychologically, and financially. Injury victims can be left incapacitated, unable to work, and in need of ongoing medical care. 

Under California’s personal injury law, you have a legal right to seek compensation in such situations for your losses, pain, and suffering. An early and thorough investigation is critical when you have suffered a personal injury or a wrongful death. Your claim must be supported by evidence to combat any challenges by the at-fault party or their insurer. 

At Smith Dollar, we investigate early to determine liability and bring a wealth of experience in case preparation, settlement negotiations, and civil court litigation. Our team of Santa Rosa personal injury lawyers understand the hardships you may face, compounded by the stress of dealing with the claims process in these matters. Allowing our firm to handle claim details can give you the time and space you need to focus on restoring your health and getting your life back on track. 

Get a free consultation with a Santa Rosa personal injury attorney at Smith Dollar by contacting us at (707) 405-7391. 

Personal Injury Claims in California

Various accidents and incidents can lead to claims under personal injury or wrongful death law. 

These can include:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Product liability (accidents caused by defective consumer products)
• Slip-and-fall accidents
• Other accidents caused by dangerous property (premises liability)
• Medical malpractice 
• Fires/burn injuries
• Head injuries
• Birth injuries
• Workplace accidents
• Wrongful Death

Proving Negligence in a Personal Injury Lawsuit in CA

One of the foundational principles of California personal injury law is negligence, which serves as the legal basis for most personal injury claims. Negligence occurs when someone fails to exercise reasonable care, resulting in harm to another person. To establish a successful negligence claim in California, the plaintiff—the injured party—must prove four essential elements.

First, the plaintiff must demonstrate that the defendant owed a duty of care to them. A duty of care is a legal obligation to act with the level of caution and prudence that a reasonable person would exercise in similar circumstances. For example, drivers have a duty to follow traffic laws and operate their vehicles safely to avoid harming others on the road.

Second, the plaintiff must show that the defendant breached that duty of care. A breach occurs when the defendant’s actions (or inactions) fall short of the expected standard of care. This could involve reckless behavior, such as texting while driving, failing to clean up a spill in a grocery store, or not securing a dangerous dog.

Third, the plaintiff must establish causation, meaning the defendant’s breach directly caused the injury. This element involves proving both actual cause (“but for” the defendant’s actions, the injury would not have occurred) and proximate cause (the injury was a foreseeable result of the defendant’s conduct). If an unrelated or unforeseeable event caused the harm, the defendant may not be held liable.

Fourth, the plaintiff must prove that they suffered actual damages as a result of the injury. These damages can include physical injuries, emotional distress, medical expenses, lost wages, and other financial or non-financial losses. Without demonstrable harm, a negligence claim will not succeed, even if the defendant acted carelessly.

California applies the legal doctrine of comparative negligence, which affects how damages are awarded when both parties share some fault. Under this rule, a plaintiff’s compensation is reduced in proportion to their percentage of fault in the incident. For instance, if a jury finds that the plaintiff was 20% responsible for a car accident and the total damages are $100,000, the plaintiff would receive $80,000. Unlike some states that bar recovery if the plaintiff is more than 50% at fault, the state allows recovery even if the plaintiff is up to 99% responsible—though the damages are reduced accordingly. This flexible approach ensures that responsibility is fairly allocated based on the facts of each case.

Why You Need a Lawyer When Dealing with Insurers

If you or a loved one has suffered a personal injury, you will likely be contacted by insurance agents asking you to give statements. At this critical juncture, we can step in and deal with the insurance companies on your behalf to protect your rights and best interests. 

Insurance companies are known to take advantage of victims' unfamiliarity with the law and the claims process. They commonly offer settlements far below fair value or deny valid claims. They are businesses, first and foremost, aiming to minimize payouts to protect their financial interests. Their representatives are skilled in eliciting statements that can be misconstrued or used out of context to devalue or deny your claim. 

For instance, an innocent comment about your health or details of the accident may be twisted to suggest you were at fault or that your injuries are not as severe as you claim. By engaging our Santa Rosa PI law firm, you ensure that your communication is managed professionally. This protects your rights and safeguards your potential compensation, ensuring your statements are accurately presented and effective in securing a fair settlement. 

Compensation in Personal Injury Cases

Potential compensation in personal injury claims can include: 

• Medical expenses: This includes all costs incurred for medical treatment related to the injury, including hospital bills, medication costs, therapy fees, and future medical expenses.
• Loss of earnings: This covers the income lost due to the injury, including wages lost while recovering and any loss in earning capacity if the victim can't return to their previous job.
• Property damage: If the personal injury incident resulted in damage to property, like a car in an auto accident, the victim can be compensated for the repair or replacement value.
• Pain and suffering: This refers to the physical discomfort and emotional distress the injury caused the victim. 
• Emotional distress: This accounts for the psychological impact of the incident, including anxiety, depression, and post-traumatic stress disorder (PTSD).
• Loss of consortium: If the injury has negatively impacted the victim's relationship with their spouse or family, they may claim compensation for loss of consortium.
• Punitive damages: In cases where the party at fault acted especially negligently or maliciously, punitive damages may be awarded as a form of punishment and deterrence.

In California, the statute of limitations for personal injury claims is typically two years from the date of the injury. If you fail to file a personal injury lawsuit within this time limit, you generally lose your right to legal recourse.

Personal Injury FAQs

How much does it cost to hire a personal injury attorney at Smith Dollar?
We work on a contingency fee basis, meaning we only get paid if you win your case. You won't have any upfront legal fees.

What should I do after being injured in an accident?
Seek medical attention immediately, document the accident, and gather any witness information if possible. Contact us for a free consultation to discuss your options.

How long do I have to file a personal injury claim in California?
The statute of limitations for personal injury claims in California is typically two years from the date of the accident. However, some exceptions may apply, so it’s best to contact an attorney as soon as possible.

What types of damages can I recover in a personal injury lawsuit?
Damages in personal injury cases can include medical expenses, lost wages, property damage, pain and suffering, and more. Each case is unique, so the types and amount of damages vary.

How long will it take to resolve my personal injury case?
The time it takes to resolve a case depends on various factors, including the complexity of the case, the willingness of the other party to negotiate, and the court's schedule. Many cases settle out of court, while others may take longer if they go to trial.

Can I handle my personal injury case on my own?
While it's possible to handle a claim on your own, having an experienced attorney can increase your chances of a fair settlement. Insurance companies often offer lower settlements to individuals without legal representation. 

Get the Help You Need at This Critical Time

Smith Dollar’s deep understanding of California law and our steadfast dedication to our clients make us a leading choice for those seeking fair compensation. We work tenaciously to ensure that your rights are respected and that you obtain the justice you seek in personal injury claims and lawsuits. 

A free consultation is available with one of our Santa Rosa personal injury lawyers. Contact us online or at (707) 405-7391 to get started.