Sacramento Personal Injury Lawyer

A personal injury refers to any physical, mental, or emotional harm suffered by an individual as a result of another party’s negligence or intentional actions. These injuries can occur in a wide range of situations, including car accidents, slip and falls, workplace accidents, medical malpractice, product defects, and more. Personal injuries can lead to various consequences, such as medical expenses, pain and suffering, lost wages, and diminished quality of life. Personal injury law allows individuals who have been injured due to the actions or negligence of others to seek compensation for their damages through legal means.

Whether you’ve been involved in a car accident, suffered a slip and fall, or experienced any other form of personal injury, navigating the legal aftermath can be overwhelming. As dedicated personal injury attorneys, we understand the physical, emotional, and financial toll these incidents can take on individuals and families. That’s why we’re here to provide you with the information and support you need to protect your rights and seek the compensation you deserve. On this page, we’ll explore common types of personal injuries, the legal principles that apply, and how our experienced team can advocate for you every step of the way.

How you react to a personal injury can be as significant to your life as the injury itself. For example, in a car accident, you may immediately know or suspect who was responsible. But it’s essential that you do not discuss this with anyone at the collision scene. Although it may appear evident to you who was at fault—even if you think it was you—a proper investigation must be conducted to assess liability. Making a statement about who is at fault before an investigation can be performed may work against you if you later file a lawsuit. 

Instead of discussing who was at fault, what you should immediately do is start collecting information about your accident. Exchange contact and insurance information from the other party. File a police report. If you are able, take photos of the scene. If you are injured, however, do not move. Have someone call an ambulance and make sure the police arrive. If you are not severely injured and can drive yourself, go to urgent care or make an appointment to see your primary care physician as soon as possible. Then, contact an experienced Sacramento personal injury attorney.

What Types of Accidents Does Our Law Firm Handle?

Any accident could end in a lawsuit if one or more parties caused the accident by breaching a duty of care. Whether they’re running a red light or neglecting to put up a safety sign, if you suffer harm because of another person’s carelessness, you have the right to pursue compensation and establish their liability. 

Common examples include: 

  • Car accidents
  • Truck accidents
  • Dog attacks 
  • Slip and fall accidents
  • Work accidents
  • Medical malpractice
  • Automobile accidents
  • Boat accidents
  • Product liability
  • Premises liability
  • Birth injuries
  • Nursing home abuse
  • Workers’ compensation
  • Insurance bad faith
  • Wrongful death

Anyone who disregards someone else’s safety and puts them at risk should take responsibility for the harm they’ve caused. Holding someone accountable for harmful actions helps ensure accidents like the one they committed don’t happen again. Working with an experienced personal injury attorney in Sacramento, CA like Eric Ratinoff can help solidify your standing in the settlement process. 

How Long Will My Personal Injury Case Take To Settle? 

When initiating a personal injury claim, it is crucial to know that all personal injury claims are unique. The circumstances of your specific claim will influence how long or short the case will take to settle. A claim that doesn’t require a lawsuit may take just a matter of months, whereas cases that go to court may take up to a few years. 

At Eric Ratinoff Law Corp., we are seasoned trial lawyers with nearly 30 years of experience. We have tackled the most complex cases, winning billions of verdicts and settlements for our clients. 

What Compensation Can You Win for a Personal Injury Claim in Sacramento?

If you’re involved in a severe accident due to someone else’s disregard for your safety, you may sustain severe injuries and need immediate medical assistance. These expenses for your recovery and aid can quickly add up. From medical treatment, lost income, and other financial losses, you may be unable to combat the increasing monetary challenges you now face. 

When you work with a lawyer to hold the other party accountable for their actions, compensation may be available to you for the following:

  • Pain and suffering
  • Medical treatment
  • Cost of rehabilitation
  • Lost income or wages
  • Property damage
  • Permanent disability or disfigurement
  • Life care plan 

We understand that accidents can leave you feeling hopeless and frustrated. Our team of experienced personal injury attorneys will take the burden of navigating this complicated process so you can focus on recovering. We want to give your case the best possible outcome and will advocate for your rights. With over 25 years of experience, we have all the tools necessary to provide you with the help you need.

How to Prove Negligence in a Personal Injury Case 

When pursuing a personal injury case, one of the key aspects you need to establish is negligence. Proving negligence is essential to demonstrating that the other party is liable for the damages caused by the accident. 

The following may help you understand what parties may be liable and how to prove negligence in your personal injury case:

Establishing Duty of Care

Initially, to prove negligence, you must establish the opposing party owed you a legal duty of care. This means proving that the opposing party was responsible for acting in a certain way to avoid causing harm. For example, all motorists have a legal duty to abide by traffic laws and drive safely to avoid accidents with others on the road. 

Breach of Duty

Once you have established the opposing party owed you a reasonable duty of care, you must then prove that they breached this duty. A breach occurs when the opposing party fails to meet the expected standard of care. Examples include running a red light, failing to clean up a spill in a store, or not securing a construction site properly.

Causation

After establishing a breach of duty, you need to show causation – that the defendant’s actions directly caused your injuries. This means linking the breach of duty directly to the accident and your resulting injuries. It’s important to provide clear and compelling evidence the opposing party’s negligence was the actual cause of your harm.

Damages

Finally, you must prove you suffered various damages due to the negligence. Damages can be physical, such as injuries, or financial, such as medical bills, lost wages, and property damage. Documenting all related expenses and impacts on your life is crucial. Medical records, receipts, and expert testimony can all prove the damages you incurred.

Evidence Needed to Prove Negligence in a Personal Injury Case 

To support your claim, your personal injury lawyer will gather comprehensive evidence that addresses each of the four elements of duty of care. This may include the following:

Photographic and Video Evidence

Photographs and videos can be critical in establishing the context and details of the accident. Capturing the accident scene, road conditions, signage, and visibility issues can help illustrate what happened. Additionally, surveillance footage from businesses or traffic cameras can capture the incident as it unfolds, providing an unbiased view that may corroborate your account of the events.

Witness Testimonies

Eyewitnesses can provide powerful testimonies that support your version of the events. Statements from those who saw the accident or were nearby immediately before or after the incident can be invaluable. Eyewitness accounts help establish the environment at the time of the accident and the defendant’s actions, adding credibility to your claim of negligence.

Medical Records

Documenting your injuries through medical records is essential to link them directly to the accident. This includes initial emergency room reports, doctor’s consultations, treatment plans, and records of any follow-up treatments. Expert medical opinions can further strengthen the connection between the incident and your injuries, emphasizing the severity and impact on your life.

Expert Testimonies

Experts such as accident reconstruction specialists offer insights into the causes and mechanics of the accident based on the evidence. Medical experts might discuss the nature of your injuries and the expected recovery process, while safety experts could highlight standard protocols and the defendant’s failure to adhere to them in cases involving specific safety breaches.

Police or Accident Reports

Reports filed by law enforcement at the scene provide an authoritative perspective on the accident. These reports often include the officer’s observations and may indicate preliminary determinations of fault. Any citations issued to the defendant for legal violations can also be crucial in establishing negligence.

Documentation of Personal Experiences

Keeping a diary or journal that details your daily experiences following the accident can provide a personal perspective on your suffering and recovery. This may include notes on pain levels, emotional distress, and the impact on daily life. Documentation related to psychological counseling or physical therapy can also support claims of ongoing rehabilitation needs.

Financial Records

Financial documents are essential to demonstrate the economic impact of the accident. This includes receipts for medical treatments, medications, and any other out-of-pocket expenses. Proof of lost wages or salary due to time off work is crucial, along with any documentation related to property damage, such as repair estimates or invoices.

Communications

Correspondence with insurance companies, especially records showing denial of claims or settlement offers, can be essential. Additionally, any communications between you and the defendant or their representatives that may indicate an acknowledgment of responsibility or other relevant details should be preserved as evidence.

Proving negligence can be complex, and the quality of your evidence is critical. Consulting with the personal injury lawyers at Eric Ratinoff Law Corp. can provide you with the necessary legal guidance and resources to effectively handle your case. Our legal team can gather evidence, negotiate with insurance entities, and represent your interests in court, if necessary.

By carefully establishing each element of negligence – duty of care, breach, causation, and damages – you enhance your chances of a successful outcome in your personal injury claim. 

Guide to a Personal Injury Case Legal Process 

Understanding the key steps involved in the personal injury claims process can help you handle your case more effectively and set realistic expectations for the journey ahead. 

The following is a guide to the personal injury case legal process:

Initial Consultation

The legal process generally begins with an initial consultation with a personal injury attorney. This meeting will allow you to discuss the specifics of your case, explore the legal options available, and understand the potential for compensation. At Eric Ratinoff Law Corp., we offer this consultation, providing an opportunity to see if your case warrants further legal action without any financial commitment.

Case Investigation and Evidence Gathering

If you decide to proceed, your Eric Ratinoff Law Corp. attorney will start with a thorough investigation of your case. This phase involves collecting all relevant evidence, such as accident reports, medical records, and eyewitness statements. The legal team will also work with experts, like accident reconstruction analysts or medical professionals, to strengthen your case. This step is vital for building a strong foundation that supports your claim of negligence.

Filing the Lawsuit

Once the preliminary investigation is complete and there is sufficient evidence to proceed, your attorney will file a lawsuit on your behalf. The complaint will detail your allegations against the defendant and state the damages you are seeking. The defendant will have a set period to respond to your complaint, typically 30 days, during which they may file an answer asserting their defenses.

Discovery Phase

The discovery phase follows the filing of the lawsuit. During this period, both parties exchange information through depositions, requests for documents, and interrogatories. Discovery is intended to clarify the facts of the case and eliminate surprises at trial. It allows both sides to understand the evidence and arguments the other side will present, which can be pivotal in shaping the strategy for negotiations or trial.

Negotiations and Mediation

Commonly, personal injury claims are settled out of court during negotiations between your attorney and the defendant’s insurance company. If a settlement can be reached, it may result in a quicker resolution and compensation without the need for a trial. If negotiations stall, mediation might be used as a way to reach a settlement with the help of a neutral third party.

Trial

If a settlement cannot be reached, your case will proceed to trial, during which both sides will present evidence and arguments. A judge or jury will strike a verdict based on the information presented. Trials can be lengthy and complex, depending on the case’s specifics.

Appeal Process

After a trial, either party may choose to appeal the court’s decision if they believe a legal error has affected the outcome of the case. Appeals are generally focused on legal issues, such as the improper application of law or procedural mistakes, rather than factual disputes about the case itself.

Resolution and Compensation

Ultimately, the goal of the legal process is to resolve your case by either reaching a satisfactory settlement or receiving a favorable court judgment. Once a resolution is achieved, the process of collecting and disbursing compensation begins, which might include payments for medical expenses, lost wages, pain and suffering, and other damages.

Navigating the personal injury legal process requires patience and careful attention to legal counsel. Working with the highly qualified personal injury lawyers at Eric Ratinoff Law Corp. makes this complex process more manageable and increases your chances of securing the compensation you deserve.

Who May Be Liable in a Personal Injury Case? 

Determining liability is a necessary component of any personal injury case. Liability dictates who is legally responsible for the damages suffered by the victim. Identifying all potentially liable parties is essential not only for ensuring that justice is served but also for maximizing the compensation that the injured party can recover.

The following are some common parties who may be held liable in various types of personal injury cases:

Individuals

In many personal injury cases, another individual is the liable party. This is typical in car accidents, where another driver may be at fault, or in cases of assault, where another person has directly caused harm. The liability in such instances is often determined by proving that the individual’s negligent or reckless actions led to the injury.

Businesses and Employers

Businesses can be held liable for personal injuries that occur on their premises or as a result of their operations. This includes slip and fall accidents in a store, injuries caused by defective products, or accidents occurring within a business-operated facility. Employers can also be liable for injuries that happen in the workplace or are caused by their employees while performing their job duties, under the legal doctrine known as “vicarious liability.”

Property Owners

Owners or managers of property have a legal duty to ensure their premises are safe. This liability covers both public and private properties, such as malls, parks, and private homes. If he or she fails to maintain a safe, hazard-free environment and a legal visitor is injured due to the property owner’s actions or inactions, they may be held responsible under premises liability laws.

Manufacturers

In cases involving defective products, the manufacturers of those products can be held liable. This applies to many products, including automobiles, pharmaceuticals, appliances, and children’s toys. Liability arises from design defects, manufacturing defects, or a failure to adequately warn or instruct consumers about the proper use of the product.

Medical Professionals

Physicians, nurses, and other healthcare providers can be held liable if they fail to provide the standard of care expected in their professional duties and cause harm to a patient. Expert medical testimony is required in these cases to testify how the opposing party breached the standard. 

Government Entities

Government entities may be liable for personal injuries in certain cases. This may include injuries that occur due to poorly maintained public property, such as roads or public buildings, or through the negligent actions of government employees. However, suing a government body involves specific procedural rules that must be strictly followed.

Multiple Parties

Often, liability in a personal injury case may involve several parties. For example, in a traffic accident involving multiple vehicles, more than one driver might share responsibility. Similarly, in construction accidents, liability might extend to multiple contractors, subcontractors, and even property owners.

How Much Will You Pay for Legal Services From Eric Ratinoff Law Corp?

If you have suffered injuries and economic losses due to another person’s negligence, you likely qualify to file a personal injury claim. Whenever someone gets involved in legal processes like filing personal injury claims, we recommend they work with a qualified and experienced trial lawyer. A personal injury lawyer from Eric Ratinoff Law Corp is a great choice, and you only pay us when you win your case.

We offer consultations and work only on contingency, so we don’t get paid unless your case is successful in getting you compensation. You can also win compensation for attorney fees and services, meaning you have the liberty to find high quality representation without worry. Liable parties are also far more likely to pay for attorney services instead of any of our clients, and the same standards will apply to your case.

We win the vast majority of cases we choose to represent, and we support victims and survivors from many walks of life. If you want to improve your odds of legal success during this challenging time, don’t hesitate to reach out to Eric Ratinoff Law Corp. We want to support you and fight for your rights during your legal matters.

Frequently Asked Questions About Personal Injury Claims in Sacramento

How Long Do I Have to File a Personal Injury Claim in Sacramento?

The answer to this depends on several factors. The Statute of Limitations dictates how long you have before you are no longer allowed to file a lawsuit regarding your injury. This varies from state to state, and it also depends on the type of injury and defendant. Sometimes, this period can be as short as six months after the injury, so it’s essential to act quickly and not wait to speak to a lawyer if you’ve suffered a personal injury.

What Makes Someone Negligent in an Accident?

A person or entity is determined negligent when they fail to meet the accepted standards of care in whatever activity they were engaged in. This is especially true when that negligence results in personal injuries, property damages, or wrongful death. There are different types of negligence that vary state by state and case by case, so it’s important to discuss your situation with a personal injury lawyer to assess whether or not negligence caused your injury.

Can I Avoid the Courtroom for my Personal Injury Claim in Sacramento?

In every case, our goal is to achieve maximum compensation for our client’s injuries. Often, this can be achieved outside of court, but sometimes it requires taking the case all the way to trial. It’s crucial that the defendant in your case knows that your attorney is prepared to take your case all the way to trial if need be. 

When the opposing side sees a seasoned trial attorney representing you, they are often more willing to negotiate out of court. At Eric Ratinoff Law Corp, we have the experience and resources needed to take your case all the way to a jury trial. While we will strive to obtain maximum recovery through the settlement process, our goal is to get the best possible outcome for your case.