With its easy access to the cultural and educational lifestyle of San Francisco and the state capitol, the I-80 corridor is one of the most desirable areas in the state for both business and residential purposes. Unfortunately, the high vehicle traffic of this area has led to an increase in the number of traffic accidents and a rise in the number of personal injury claims.
In addition to the motor vehicle injury claims the area’s natural resources have led to the development of many recreational facilities that serve the local population as well as the thousands of visitors that are drawn to the area each weekend. Again, this has led to an increased number of accidents, on the water and ashore, and even more legal actions related to personal injuries.
Personal Injury Claims and Settlements in Sacramento, CA
In many instances, a personal injury claim made against a business or an individual will be handled by a private insurance carrier that will negotiate a settlement between all the parties involved. In most cases, and for relatively uncomplicated claims, this process is adequate. Problems arise, however, when the parties disagree on the nature and extent of the injury in question. At this point it is necessary for the injured party to retain the services of a personal injury lawyer.
A personal injury lawyer will review the nature of the proposed settlement and suggest a course of action to his client. The attorney will handle all aspects of the settlement, including negotiation of a fair settlement for his client. However, if the State of California is named in an accidental injury claim a fair settlement can be much harder to attain.
If the state, or one of its agencies is named in a personal injury claim, it is very wise to involve an accident lawyer as soon as a claim is contemplated. Most state agencies are self-insured, meaning that they do not use insurance companies but handle all injury claims themselves. This also means that you will be dealing with a state bureaucrat rather than a claims adjuster. In these cases it is very strongly advised to retain an accident lawyer as soon as possible after the injury because the rules for dealing with a government agency are radically different!
Statutes of Limitations On Personal Injury Claims
The California is notorious for its complicated processes for the filing of civil lawsuits such as those for personal injury. Although subject to change at any time, the following time limits usually apply:
Personal injury: two years from the date of injury OR if the injury was not diagnosed until later, one year from the date of diagnosis
Medical malpractice: one year from the time the incident allegedly occurred OR the date the incident should have become known OR three years from the time the incident was discovered WHICHEVER IS SHORTER.
There are a few important exceptions to filing a personal injury and /or a damage to personal property claims filed against any state, county, or municipal entity of the state.
To bring a personal injury claim against a government agency or employee, you must first file an administrative claim with the agency within six months of the accidental injury. If your claim is denied, the letter informing you of the denial will inform you of your right to appeal the decision and will then outline the appeal process. Generally, you have two years to file a lawsuit after the appeal process comes to an end. Due to the complicated nature of the appeal process, it is strongly advised that you retain an accident attorney to advise you in this situation!
The Doan Law Firm’s Sacramento Injury Lawyer Will Represent Your Personal Injury Case
Negotiating with an insurance company adjuster, or with a representative of a self-insured entity such as the state, is rarely a wise move on the part of an injured party. Both the insurance company and the state are far more concerned with reducing the dollar value of your personal injury claim than they are with your well-being.
If you have been the victim of an accidental injury in the I-80 corridor area and are concerned that you are not being offered a reasonable settlement of your personal injury claim, contact the Sacramento injury lawyer at the Doan Law Firm Sacramento at (800) 349-0000 for a free evaluation of your case. Our injury attorney will be glad to answer your questions and, if you desire a more in depth analysis or your injury claim, you initial consultation with our accident attorney is always free of charge and you are in no way obligated to our firm.