Best Personal Injury Lawyers in Berkeley

FAQs

• What is the non-emergency contact number for the local police station in Berkeley, California?

  (510) 981-5900 is the Berkeley Police Department's non-emergency contact number.

• Where can I get a copy of police reports for incidents related to my case in Berkeley, California?

  You have two options for requesting reports from the Berkeley Police Department's Records Bureau: in person or by mail. You can drop by the station located at 2100 Martin Luther King Jr. Way, Berkeley, CA 94704, or you can mail your request to the address mentioned above.

• Can you still pursue compensation after a vehicle accident in Berkeley even if you delayed seeking medical attention?

  Yes. In California's "pure comparative fault" system, even if your injury worsens due to delayed treatment, you can still get compensation from the responsible party. A plaintiff in Berkeley, even if partially liable, can recover damages from the defendant with the amount reduced based on the jury's percentage of negligence determination. For example, if the jury finds the plaintiff 40% responsible for injury severity due to delayed treatment, their recovery from the defendant would be reduced by 40%.

• What are the different factors that influence the compensation amount in a Berkeley wrongful death case?

  The different factors that can affect the compensation amount in Berkeley wrongful death settlements are:

  • Age and income of the deceased person: younger individuals may receive a higher settlement amount
  • Pain and suffering: compensation may be awarded for the pain and suffering experienced by the deceased
  • Lost benefits: compensation may be granted for lost benefits such as health insurance, retirement benefits, or pension plans
  • Medical and funeral costs: expenses incurred by the deceased can be included in the settlement
  • Punitive damages: in cases of severe wrongdoing, punitive damages may be granted

• What happens if you were driving in Berkeley without insurance and you get involved in an accident?

  If you were involved in a car accident in Berkeley and did not have the required minimum $15,000 auto liability policy limits, your rights to recover damages are limited by Prop 213. This law, passed by California voters in 1996, restricts drunk drivers, fleeing felons, and uninsured motorists from recovering non-economic damages resulting from a collision, even if the other driver is entirely at fault. It is important to note that Prop 213 applies only to drivers and not to passengers.

• What are the grounds for a product liability claim in Berkeley?

  If someone is injured or dies due to a dangerous or defective product in Berkeley, it may be possible to bring a product liability case against the manufacturer and/or distributor. These cases can be complex and involve multiple parties. Examples of situations that may warrant a product liability case include injuries resulting from a manufacturing or design defect, manufacturer negligence, a lack of instructions or warnings, or a failure to fulfill warranty terms by the manufacturer.

• What portion of the compensation is given to you as a parent of a child who was injured in Berkeley due to the negligence of others?

  While some damages—such as the value of the injured child's pain and suffering, disfigurement, and future lost wages—belong solely to the child, a significant percentage of economic damages may also belong to the parents. For instance, if parents in Berkeley have already spent a significant amount of money on medical costs, or will pay medical bills until the child turns 18, these damages belong to them. Parents can also seek compensation for attorneys’ fees, lost income from caring for a child, and any pertinent out-of-pocket expenses associated with their kid's case.

• How to choose a personal injury attorney?

  It's crucial to find a personal injury attorney who is experienced, but it's also important to feel comfortable. Take advantage of free consultations and ask questions about how long each candidate has been practicing, how their fee structure works, and who will be handling the majority of the casework (some big firms may hand off routine tasks to paralegals). Above all, find someone who listens well and believes they can achieve an optimal outcome. Still uncertain? Ask friends for referrals and check out online reviews.

• What does a personal injury lawyer do?

  Personal injury attorneys help those who have suffered due to the negligence of others get the compensation they deserve. That may include negotiating settlements with other people, insurance companies, or even government agencies or arguing the case in court. Some attorneys specialize in a certain type of injury, such as auto accidents or birth injuries, while others advocate for almost any injured party.

• What does personal injury law cover?

  In the legal world, "personal injury" is any kind of injury, physical or psychological, that results from the negligence of a person, business, or other entity. While visible or acute injuries such as a broken leg or concussion are among the most obvious types of personal injuries, this category also covers less tangible injuries such as emotional distress and issues such as asbestos exposure that may contribute to long-term problems.

• What are the most common types of personal injury claims?

  Personal injury claims encompass a wide variety of situations ranging from accidents on privately owned property to injuries in the line of duty to whiplash sustained during a commute. These claims may include car accidents, dog bites, slip and falls, medical malpractice, defamation, product defect accidents, premises liability, product liability, workplace accidents, food poisoning at a restaurant, and boating or aviation accidents.

• How do personal injury lawyers get paid?

  Many personal injury lawyers advertise that they don't get paid unless their client does. This is called "working on contingency," meaning the attorney is compensated only if they win their case. These payments are typically percentage based, giving attorneys a predetermined portion of the court-ordered award. Other lawyers may command an hourly rate or combine an hourly rate with a smaller contingency fee.

• How much do personal injury lawyers charge?

  Personal injury lawyer fees can differ from state to state and may be subject to local regulations. In general, personal injury attorneys work under contingency agreements entitling them to 33% of any related settlement or award. Sometimes lawyers use a sliding contingency, charging 33% for awards agreed upon during pre-trial negotiations and raising the fee to 40% once the matter goes to trial.

• When do I need to hire a personal injury lawyer?

  Anytime an injury is known or suspected to be the result of negligence, it's a good idea to consult with a personal injury attorney who can offer insight into the validity of a claim and whether or not that claim is worth pursuing legally. A consultation is particularly important if someone has suffered serious injuries that have left them disabled or otherwise impacted their financial future or quality of life.

• Can I file a personal injury claim without a lawyer?

  It's possible to pursue a personal injury claim without an attorney; however, it's best to save self-representation for cases involving minor injuries or are otherwise considered straightforward. Cases that involve serious injuries that are not completely resolved or where liability has yet to be determined are more complex. Those situations can quickly become stressful and time consuming as they require an understanding of tort law, resources for gathering medical records, and time to review photographs and evidence pertaining to the injury and scene of the accident (if applicable). Bringing on an experienced personal injury lawyer could result in a higher reward while giving the injured party more time to concentrate on their physical, mental, and emotional recovery.

• How long does a personal injury lawsuit last?

  The length of time it takes to settle a personal injury lawsuit is highly dependent on a number of factors ranging from the type of case to the length of medical treatment to whether the suit is settled before court or requires a long trial. While most personal injury cases are resolved within two years, more complicated suits could take longer.

• What are the benefits of hiring a personal injury lawyer?

  It's tempting to save on lawyer's fees by pursuing self-representation, but there are many benefits to hiring a personal injury lawyer including their years of experience. A good attorney will know how to properly assess your damages, including not just medical bills but other concerns, such as lost wages and pain and suffering, to craft a demand that fully reflects the compensation to which the injured party is entitled. They also have the resources and knowledge necessary to consult with experts, negotiate effectively with insurance companies, properly navigate the legal system, and otherwise ensure the best possible outcome.