Tanya is a former corporate lawyer turned copywriter and legal content writer. Through her writing, she aims to make the legal world less intimidating and more relatable. When she's not working, you can find her exploring random topics on the internet or reading fiction and books on human psychology.
Tanya Shrivastava
Tanya is a former corporate lawyer turned copywriter and legal content writer. Through her writing, she aims to make the legal world less intimidating and more relatable. When she's not working, you can find her exploring random topics on the internet or reading fiction and books on human psychology.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
With its Gold Rush-era attractions, railroad museums, local breweries and famous farmers markets, America’s farm-to-fork capital is the ultimate tourist hub. Sacrameto’s inviting culture and plentiful attractions also contribute to the ever-increasing population of the city.
While a larger population can be good for the overall economy, it also increases the possibility of getting injured. The rise in the number of vehicles on the road, the growing construction sites and the elevated pressure on the medical facilities can lead to more chances of getting hurt. So, if you live in Sacramento, it is a good idea to be prepared. We have created a list of the best personal injury lawyers in Sacramento to arm you with the best possible legal assistance.
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Best Personal Injury Attorneys in Sacramento
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Filing a Personal Injury Lawsuit in California
If you want to file a personal injury lawsuit in California, it is crucial for you to be aware of the rules and regulations to navigate the legal system. We have prepared a guide to help you understand the personal injury laws applicable in your state, including the statute of limitations and the process of determining compensation.
California Statute of Limitations
Every state prescribes a time limit within which a lawsuit can be filed against the negligent party in personal injury cases. This time period is called the statute of limitation. The statute of limitation in California for filing a personal injury lawsuit is two years. However, if your injury was not discovered right away, you can take action against the negligent party within one year after the injury was discovered.
This time period can be suspended in certain exceptional circumstances. They are:
- If the plaintiff is a minor
- If the defendant is out of the state
- If the plaintiff is mentally disabled
The statute of limitation resumes or begins once the disabilities are remedied, when the plaintiff becomes an adult or when the defendant returns to the state.
If the defendant is a government agency, you must file an administrative claim with that agency within six months from the date of the injury. If you fail to file this notice, you cannot sue the agency in the future. Once you have filed the claim, the agency will reply to you within 45 days. If your claim is rejected, you can file a lawsuit within six months from the date of rejection. Otherwise, you may file a case within two years from the date of the accident.
California Personal Injury Laws
If you are hurt by someone’s negligent act or omission in California, you can claim compensation as a remedy for your suffering. In some cases, you may have to follow additional procedures to successfully claim damages, for example in medical malpractice cases, you need to give a 90-day advance formal notice to the healthcare provider with your intention to sue.
In most cases, you can recover damages for the entirety of your losses, both economic and non-economic. But the state does put a cap on non-economic damages in certain cases.
- Uninsured Drivers. If you do not have valid insurance for your vehicle, you will not be eligible to receive noneconomic damages in California. This does not apply in cases where the at-fault party was intoxicated and is convicted of DUI.
- Medical Malpractice. You cannot recover more than $350,000 as non-economic damages in medical malpractice cases. This means that even if you were awarded a higher amount during the trial, the final non-economic compensation will be reduced to $350,000. This cap is $500,000 in wrongful death cases.
The state law also caps the attorney’s fee in medical malpractice cases. They can only take 40% of the first $50,000; 33% of the next $50,000; 25% of the next $500,000 and 15% of anything over $600,000 as their fee.
Identifying Fault in a Personal Injury Case
In California, the party at fault for causing the injury is liable to pay for the resulting damages. Identifying the negligent party can sometimes be extremely simple, for example in dog bite cases, most often than not the owner will be held liable.
But it can get complicated in certain cases, like a multiple-vehicle crash. Sometimes, you may need the help of a personal injury lawyer in Sacramento to find the negligent party in seemingly straightforward cases, like a slip and fall case where the owner of the property was only partially at fault because the maintenance company did not fulfill their duty.
If you contributed to the act that led to your injury, your compensation amount will be determined by the comparative negligence rule. This means, your claim will be deducted by the percentage of your negligence in causing the injury. Since California follows the pure comparative negligence principle, you can recover damages even if you are more than 50% at fault responsible for causing the accident.
How Can an Attorney Help You?
As soon as you reach out to an experienced personal injury lawyer in Sacramento, they will help you identify the negligent parties you can take action against. They can then proceed to send out the necessary notices and help you file insurance claims.
Your lawyer can negotiate with the insurance companies to obtain the best possible compensation offer. If you are happy with the settlement, you can accept it. Otherwise, your lawyer can take your case to trial and represent you in court.
They will also build a strong case by hiring other experts, collecting witness testimony, gathering evidence and compiling your expenses to fight with the insurance company before and during the trial.
How to Find the Best Personal Injury Lawyer in Sacramento, CA
Personal injury law is a vast subject and can be difficult to understand. You may seek help from the insurance companies, but since they are necessarily losing money to you, they might not have your best interest in mind. Therefore, it is always beneficial to have an experienced lawyer by your side to guide you through the legal process and help you win good compensation.
Here are a few things you should consider to find a good personal injury lawyer in Sacramento to represent you:
- Experience. You should check your lawyer’s websites, talk to past clients (if you know any) and have discussions with your lawyer to understand their experience specifically dealing with cases similar to yours. Hiring a personal injury lawyer in Sacramento with significant knowledge and experience in similar cases will increase your chances of success.
- Comfort Level. You should talk to a few personal injury lawyers in Sacramento before you make the final decision to understand your comfort level with them. Most lawyers do not charge any fee upfront for personal injury cases, so you should take advantage of the free first consultation to decide if you will be okay with divulging personal information, reciting traumatic experiences and spending a considerable amount of time during the case with them.
Methodology
To come up with the Best Personal Injury Lawyers in Sacramento in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical module considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
How much can I sue for emotional distress in CA?
Compensation for emotional distress is covered under non-economic damages. There is no limit to how much you can claim for emotional distress in California except in certain cases. In medical malpractice cases, you cannot recover more than $350,000 for non-economic damages. Also, you will not be eligible to receive any non-economic damages if you were involved in an accident and you do not have valid insurance.
How long does an insurance company have to settle a claim in California?
Once you file a claim, the insurance company must acknowledge it within 15 days of the receipt of the claim. They will contact you if they require more information and will respond to your communications within 15 days of receiving them. They should then approve or deny your claim within 40 days after they have received the proof of claim. If your claim is accepted, your insurer will settle the claim within 30 days after the settlement was reached.
Does workers’ compensation pay for pain and suffering in California?
Workers’ compensation in California only covers your medical expenses and wage losses during your recovery from the work-related injury. It does not compensate for the damages for pain and suffering caused by the accident. If you are injured during your job, you must report the injury to your supervisor within 30 days. Otherwise, you may completely lose your right to claim workers’ compensation.
