Oakland Car Accident Attorneys
Fighting on Behalf of Injured Bay Area Motorists
Being involved in any car accident—whether a minor fender-bender or a serious highway collision—is a frightening experience. In the aftermath of the accident, you may find yourself facing a number of new challenges as you cope with your injuries, medical bills, lost wages, and significant pain and suffering.
At Pacific Workers', The Lawyers for Injured Workers, we understand just how devastating a car accident can be, as well as the lasting effects it can have on nearly every aspect of your life. However, if someone else was at fault for the accident, you don’t have to simply deal with these consequences on your own. The law allows you to bring a personal injury and/or property damage claim and seek compensation for your damages—and our Oakland car accident lawyers can help. With multiple offices, we serve victims of serious automobile collisions throughout the Bay Area. We are deeply committed to our community, and we truly care about helping injured individuals and families seek the fair compensation they are owed so that they can get back on their feet.
Contact us online or call (888) 740-6434 today to request a free initial consultation with a member of our team. We can help you understand your rights and determine the best course of action for your case.
Who Is Eligible to File a Car Accident Claim in California?
Like most other types of personal injury cases, car accident claims are dependent on the issue of liability. In order to be eligible to bring a car accident claim in California, you must show that another person (or entity) was at least partially at fault for the accident that caused your injuries and other damages. Note that under California’s rule of pure comparative negligence, you do not need to prove that someone else was entirely at fault for the accident—or even mostly at fault. In fact, you are able to file a claim for damages even if you were mostly at fault for the accident. However, your total recovery will be reduced by whatever percentage of fault you are deemed to have. So, for example, if a jury decides that you are 30% at fault for an accident because you were speeding when you were hit by another driver, and your total damages amount to $10,000, you will only be able to recover up to 70% of that total amount, or $7,000.
In order to file a car accident claim, you must demonstrate all of the following elements:
- Another Person/Party Owed You a Duty of Care: Generally speaking, all motorists are presumed to owe others a duty of reasonable care, meaning they must take reasonable actions while driving to not cause harm to other people. In other words, this is one of the easier elements of a car accident claim to prove.
- The Duty of Care Was Breached: Typically, you can prove that another person/party breached the duty of care by proving that they acted negligently or wrongfully. For example, a distracted driver is being negligent (and is possibly breaking the law, depending on the distraction). Therefore, that distracted driver has breached the duty of care by failing to take reasonable action to ensure your safety.
- As a Result of This Breach, You Were Injured: In other words, you need to prove causation, meaning that the breach of the duty of care was the direct cause of your damages. If the breach was not the cause of the accident, you do not have a case. Similarly, if you did not suffer any damages (injuries, medical bills, lost income, pain and suffering, etc.), you do not have grounds for a personal injury claim.
We have Helped OVER 8,000 CLIENTS aND WE CAN HELP YOU TOO!
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Thank you for being so kind and completely sympathetic to my case!
“I started my fight against my company's workers comp and after talking to Almarie for the first time I already felt a lot of weight off my shoulders. It feels nice to have someone fighting for your rights but also keeping you in check for your own good.”
Jazzie D. Daly City, CA -
They took care of me!
“Bilal worked on my case and he was very professional, friendly, and kind to me. I was so nervous about my deposition and he made me feel very comfortable and less stressed about the whole situation.”
Gabi O. Sacramento, CA -
The most down to earth team I have ever met!
“They have strong communication and I was respected throughout the whole process. They had never given up on me!”
Nekealla C. Tracy, CA -
I'm forever grateful & thankful to all!
“I especially want to thank Mr. Jason Insdorf, who worked in attaining a settlement I never expected.”
L.S. Union City, CA
Do I Need a Car Accident Lawyer?
Our Oakland car accident attorneys understand the ins and outs of California’s personal injury and motor vehicle laws. While you may have the right to seek compensation, actually obtaining the full compensation you are owed is not always easy. Remember: Insurance companies are businesses and, like any other for-profit entity, their primary motive is to make money. In order to do this, they will often employ deceitful or deceptive practices to limit how much they have to pay out in accident claims. The insurance adjuster from the liable party’s insurance company is NOT your friend!
We strongly advise you to avoid speaking to any insurance adjusters who attempt to contact you after the accident. Instead, reach out to our car accident lawyers for assistance. We provide free consultations and do not charge any attorneys’ fees unless/until we successfully recover compensation for you.
Types of Car Accident Cases We Handle
At Pacific Workers', The Lawyers for Injured Workers we have extensive experience in all types of complex car accident claims and have taken on some of the nation’s largest insurance providers. We are known for being incredibly tenacious when it comes to representing our clients; we won’t stop until we have exhausted every possible avenue of compensation. With over 130 years of combined experience and a 98% success rate in the cases we’ve handled, we are ready to fight for you and your recovery.
Get in touch with our team today at (888) 740-6434 to schedule your no-cost, no-obligation consultation.
Workers' Comp FAQ
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Am I Eligible for Workers’ Compensation?
In California, all employees are eligible for workers’ compensation with very few exceptions. If you are classified as an “employee” (rather than an “independent contractor”), you are eligible to receive benefits. This is true regardless of how many employees your employer has, how many hours you work, how much you make, whether you work part-time or full-time, or whether you are a seasonal worker. Additionally, undocumented workers are also eligible for workers’ compensation granted they meet all other eligibility requirements. In contrast, independent contractors and certain other workers, including some volunteers, household workers who are employed by a family member, and others, are not able to file for workers’ compensation benefits.
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Can't I Just File for Workers' Compensation on My Own?
Filing for workers' compensation on your own increases the chances that your claim will be denied. One small misstep can prevent you from obtaining the compensation you need for your injuries. In addition, the process is usually complex and tedious, especially for someone with no workers' compensation law experience. It is extremely advantageous that you seek reliable and experienced legal guidance for your claim.
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What Can I Expect from the Workers' Compensation Process?
As soon as you reach out to us for help, we will assign you a full-time case manager and attorney. An application will be filed with the Workers' Compensation Appeals Board (WCAB) on your behalf. We will get started on your case immediately to help you receive the medical care you need. If we are unable to receive a fair settlement from the insurance company, we are ready and willing to take your case to trial. After a few months, you will most likely give a deposition. One of our highly experienced attorneys will prepare you and stand at your side the entire time. You don't even have to attend court hearings! One of our trained hearing officers or attorneys can attend on your behalf.
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Can My Employer Tell Me to Use Sick Time or Vacation/Personal Time off (PTO) If I’m Injured at Work?
Following a work-related injury, you may not receive workers’ compensation benefits right away or your workers’ compensation claim may be denied. You may receive a note from your doctor that you may take time off work due to your injuries, but how will you be paid if you are not actively seeking workers’ compensation benefits? Your employer may tell you to use your state-mandated/employer-provided sick time in order to continue being paid while you are out of work. Once this sick time is exhausted, your employer may tell you that the only way you can continue to be paid is if you use your vacation or PTO time. In some cases, this may actually be the only way to continue receiving wages while you are out of work and not receiving workers’ compensation benefits. For more information, check out our video with Attorney Bilal Kassem on this topic by visiting our Facebook page!
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Can I Get Workers’ Compensation If I Was Fired?
If you were terminated while already receiving workers’ compensation benefits, this does not necessarily affect your right to receive benefits. However, if you were terminated “for cause” (for example, if you were fired because you were caught stealing from your employer), you will not be able to continue collecting benefits. If you were not fired for cause, but were laid off due to your position being terminated or various other reasons, you may still be able to continue collecting your workers’ compensation benefits. If you believe you were terminated because you filed for workers’ compensation or because you were hurt at work, you may have grounds for a retaliation claim. Learn more, including whether you can continue receiving workers’ compensation benefits if you were laid off due to the coronavirus pandemic, see our video with Attorney Bilal Kassem on our Facebook page.
