San Rafael Injury Lawyer
When you think of a personal injury, a car accident may come to mind. Car accidents happen every day and are the most common type of injury case. According to the National Safety Council, roughly 4.6 million people required medical treatment for motor vehicle accident injuries in 2016. Another 40,000 people died.
There are many other ways in which a person can suffer personal injury, though. Medical malpractice is also quite common, affecting hundreds of thousands of people every year. In fact, medical errors are the third leading cause of death in the United States, behind cancer and heart disease. While doctors cannot cure every disease or heal every injury, they have a duty to provide a high standard of care to patients. When they don’t, they can be sued for negligence.
Slip and fall cases are another type of personal injury case. These often happen on sidewalks and stairs and in stores and restaurants. When a property owner fails to keep floors and other parts of the premises safe for customers and guests, the owner can be held liable for injuries that occur as a result.
Dog bites can also cause serious injuries and disfigurement. A dog owner in California is responsible for any damages caused by a dog bite when the dog bites someone on the owner’s property or in a public place.
There are also types of injuries that are intentional in nature. When a person intentionally harms another person, this is called assault and battery. Because intentionally harming a person is against the law, the perpetrator can face criminal charges as well as a civil suit from the victim.
After suffering a personal injury, the right legal representation makes a world of difference. Make sure you contact a law firm that has a record of success, like the skilled San Rafael injury lawyers at Dolan Law Firm.
Elements of a Personal Injury Case
Not every incident of personal injury can be justified with a lawsuit. After all, sometimes we cause our own injuries by tripping over the dog, bumping into walls or engaging in reckless or negligent behavior. In order to file a personal injury claim against another party, you must be able to prove these four elements:
- Duty. The person who caused the accident must have owed a duty to the victim. For example, doctors have a duty to provide the best care possible to patients. Motorists have a duty to drive in a safe manner at all times.
- Breach of duty. A breach of duty occurs when a person is negligent and does not act in a manner consistent with that of a reasonable person. A motorist who drives 100 mph in a residential area or a doctor who operates on the wrong body part has breached their duties.
- Causation. You must be able to prove that the breach of duty caused the accident and subsequent injuries. If you are involved in a car accident but suffer back pain five years later, it’s going to be hard to prove that the back pain was the direct result of the accident. If a motorist in front of you is speeding, but you are rear-ended by another motorist, the speeding motorist did not cause the accident and cannot be sued.
- Damages. The person’s actions must have caused you to suffer injuries or other damages. If you slipped and fell in a grocery store, for example, but got right back up and suffered no injuries, then you cannot file a claim because the action did not cause you any harm.
If your personal injury case had met all four of these elements, contact the knowledgeable San Rafael injury lawyers at Dolan Law Firm. We can assess your case and help you obtain the compensation you deserve for your injuries and other damages.
Damages in a Personal Injury Case
If your case is successful, you have the legal right to recover compensation from the liable party. Compensation, or damages, is designed to make you whole again following an accident. While it’s easier to receive compensation for monetary damages, such as medical bills and lost income, you can receive compensation for intangible damages as well, such as pain and suffering, disability, disfigurement and loss of enjoyment of life.
When determining compensation for pain and suffering, insurance companies often use a multiplier, and multiply this number by the amount of financial losses.
When determining your damages, don’t forget to take future expenses into consideration. For example, you might need a surgery in the near future. Your injury may require lifelong medical treatment. You may not be able to work ever again. You can receive compensation for these costs and monetary losses you will incur.
There are many types of damages you can claim in a personal injury case. Let the San Rafael injury lawyers at Dolan Law Firm help you value your damages so you can receive as much compensation as possible. We have helped many clients obtain large settlements for their injuries.
Contact a San Rafael Injury Lawyer Today
A personal injury can lead to serious injuries and even death. If you do survive the accident, you could face many challenges ahead. It could take years for you to fully heal from your injuries. You might be unable to walk or talk. You may no longer be able to work, which can limit your income. You could suffer hundreds of thousands or even millions of dollars in damages.
If you’ve been involved in a personal injury case and are looking to obtain compensation for your damages, contact the skilled San Rafael injury lawyers at Dolan Law Firm. We have a remarkable track record, with our clients often receiving multi-million-dollar settlements. We have offices in Oakland and San Francisco to assist you with your injury case. Schedule a free case review today by filling out an online form or giving us a call at (415) 421-2800.