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Personal Injury Claims in Lodi

Hurt in an accident in Lodi? You need justice, accountability, and financial compensation to pay your bills. At Redkey Gordon Law Corp, we are a law firm devoted to protecting the rights and interests of victims and their families. Here, our Lodi personal injury attorney highlights five of the most important things that you should know about the personal injury claims process in California.

Five Key Things to Know About the Claims Process 

  • Most Personal Injury Claims Handled/Defended By Insurance Company

Your medical needs take the first priority after a serious accident. You need immediate care for any physical injuries. Get yourself to a doctor as soon as possible. Next, you should have a general understanding of what you will likely run up against in the personal injury claims process. In California, most personal injury cases are handled/defended by insurance companies. 

Notably, insurers play a crucial role in the process. Among other things, they evaluate the details of the incident and determine the compensation amount according to their internal guidelines. It is vital for injured victims to understand the strategies these companies use. You cannot rely on an insurance company to look out for your best interests. Quite the contrary, they often aim to minimize their financial liability. Be wary when speaking to insurance adjusters. It is best to work with an insurance company—even your own—through a Stockton, CA personal injury lawyer. 

  • Fault is the Foundation of Liability (Most Claims Based on Negligence)

How do you actually hold another party legally responsible for your accident in Lodi? The short answer is that you need to prove that they bear “liability” for your injuries. In California, fault is the foundation of liability. Indeed, establishing fault is critical to the success of any type of personal injury claims—from a motor vehicle collision to a slip and fall accident. 

In California, fault is usually based on negligence. The Judicial Council of California Civil Jury Instructions states clearly that negligence that the defendant’s negligence must be a “ substantial factor” in causing harm in these types of cases. The required elements of negligence are: 

  • Duty of care; 
  • Breach of duty; 
  • Causation; and
  • Damages. 

The personal injury claims process requires detailed evidence gathering and expert testimony to establish a clear link between the defendant’s actions/inactions and your injury. California is a pure comparative negligence jurisdiction. You can still recover compensation if you are partially liable for your own accident, but your settlement will be reduced based on your degree of fault. 

  • Victims Have the Right to Seek Compensation for the Full Value of Your Damages

In California, the primary remedy that can be sought through a personal injury claim is financial compensation. Injured victims in Lodi are entitled to seek full compensation for all damages sustained due to their accident. You have the right to pursue financial relief for both direct economic losses and for intangible damages. Recovery may be available for: 

  • Emergency room care; 
  • Other medical bills; 
  • Ongoing/long-term medical care; 
  • Loss of wages/loss of earning power; 
  • Pain and suffering; 
  • Long-term disability; and
  • Wrongful death. 

Professional representation from a top-rated Lodi personal injury lawyer can be invaluable in ensuring that every potential damage is considered. Notably, insurance companies fight aggressively to pay out as little as possible to injured victims. They are primarily interested in protecting their own bottom line—not in doing what is best for victims and families in Lodi. 

  • The Majority of Personal Injury Claims are Settled—But Litigation is Possible

Personal injury litigation is actually relatively uncommon. Your case could end up in court—but that is certainly not the most likely outcome for personal injury claims in California. Instead, these types of claims are far more likely to be resolved through a settlement agreement between the parties. The settlement process is typically faster and less costly than litigation, making it a preferable option for many. However, if an agreeable settlement cannot be reached, the case may go to trial where a judge or jury will determine the outcome. Although the majority of personal injury claims in Lodi are resolved through settlements outside of court, litigation is always a possibility. You need a trial-tested Lodi personal injury attorney who can protect your rights and interests no matter how far your case goes. Further, insurers take negotiations more seriously when you have a top lawyer. 

  • Your Need a Top-Tier Lodi Personal Injury Attorney

A personal injury case is a type of civil legal claim. It is a complicated matter and you can (and should) consult with an experienced attorney as early as possible in the legal claims process. A top attorney will help to ensure that your case is handled right away. Look for a local attorney who has connections to Lodi. Among other things, your Lodi personal injury lawyer can: 

  • Conduct a comprehensive review of your case and answer your legal questions; 
  • Investigate your accident—ensuring that you have the evidence needed to proceed; 
  • Handle the insurance company, including any settlement negotiations; and
  • Take your legal case as far as needed to get justice and the best results. 

You should not get stressed out over the cost of retaining an experienced personal injury lawyer. Redkey Gordon Law Corp, we represent injured victims in Lodi on a contingency fee basis. Our firm does not charge victims and families upfront costs or hourly bills. Instead, our Lodi personal injury attorneys only collect legal fees when you get financial compensation. No recovery, no fees. 

Schedule a Free Consultation With Our Lodi Personal Injury Lawyer Today

At Redkey Gordon Law Corp, our Lodi personal injury attorneys have the legal expertise that you can trust in even the most complex of cases. If you or your loved one was hurt in an accident, please do not hesitate to contact us online today for a no cost, no obligation initial appointment. We represent injured victims in Lodi and throughout all of San Joaquin County.