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).
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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.
Whether minor or severe, a personal injury can change your life significantly. The good news is that if you were hurt by someone else’s negligence, you are eligible to recover compensation for your losses. If you live in Stockton, you are lucky to have access to some of the nation’s finest lawyers to help you do just that.
Forbes Advisor created a list of the best personal injury lawyers in Stockton to help you find the perfect attorney for your case. We also prepared a guide to the basics of personal injury laws in California.
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Best Personal Injury Attorneys in Stockton
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Filing a Personal Injury Lawsuit in California
If you want to file a personal injury lawsuit in California, it’s important to understand the basic laws relevant to your case. Your personal injury lawyer can explain the specific laws applicable to your case, but knowing the general rules will help you keep track of the timelines and your eligibility to recover compensation.
Take a look at the brief guide below to understand the personal injury laws in California.
California Statute of Limitations
The statute of limitations in California for most personal injury cases is two years. This means you have two years from the date when the negligent act took place to file your lawsuit to recover damages from the negligent party. If you miss this deadline, your case will most likely be dismissed.
There are certain rare exceptions where the statute of limitations can be suspended for some time. If the plaintiff is a minor or mentally disabled when the negligent act takes place, the statute of limitations starts after the plaintiff becomes an adult or the disability is remedied. The deadline also pauses in cases where the defendant leaves the state before any action is taken against them.
If a government agency is a defendant in your claim, you must file an administrative claim with that agency within six months. The agency will then respond to you within 45 days of the receipt of the claim. If your claim is rejected, you can file a lawsuit with the court within six months to recover compensation. Otherwise, you can file a case within two years from the date when the negligent act took place.
Similarly, if you are filing a medical malpractice lawsuit, you must send a 90-day advance notice to the concerned healthcare provider before taking any action against them.
Caps on Personal Injury Damages in California
California laws do not put any caps on economic damages in personal injury cases. However, in certain claims, state laws restrict the amount that can be recovered for non-economic damages.
- If you were involved in an accident and you were driving without valid insurance, you cannot recover any non-economic damages, even if you were not at fault for causing the accident. The only exception to this rule is if the uninsured driver was injured by a drunk driver who was then convicted of DUI in California.
- If you were injured during a medical procedure, you cannot recover more than $350,000 as non-economic damages currently but that amount will increase by $40,000 each year until it reaches $750,000. For wrongful deaths caused by medical malpractice, the cap for non-economic losses is currently $500,000, but that also is set to increase yearly by $50,000 until it reaches $1 million.
Identifying Fault in a Personal Injury Case
Like most states, California laws require the party responsible for the negligence to pay for the resultant injury. However, since the state applies the pure comparative negligence principle to determine the amount of compensation, you can recover damages for your injury even if you were mostly at fault for the accident.
Under the pure comparative negligence theory, you can recover compensation for your injuries after deducting the amount corresponding to your responsibility in causing the injury. For instance, if you were found to be 30% responsible for a car accident, you can recover 70% of the damages claimed. Similarly, if you were 80% at fault, you will only receive 20% of damages as compensation.
This means that even if you are able to prove the fault of the other party, they can still reduce your compensation significantly if they have evidence that your actions contributed to the accident.
How Can an Attorney Help You?
If you are injured by someone’s negligence in California, it is a good idea to hire a lawyer as soon as possible. Your attorney can help you identify the correct defendants and file claims with the insurance companies. They will keep track of the deadlines for the necessary notices and make sure you follow all the requirements to take action against the negligent party successfully.
They will build a strong case by obtaining evidence, hiring experts and collecting witness testimony. They will negotiate with the insurance companies and fight for your rights until you recover fair compensation.
If the insurance company does not offer a satisfactory settlement amount, your lawyer will take your case to court and represent you in front of the jury.
How to Find the Best Personal Injury Lawyer in Stockton, CA
Your lawyer will be your guide through the legal proceedings of your personal injury claim. You will rely on them to recover compensation for all your losses. Therefore, you must hire a personal injury lawyer you can trust. Here are a few things you should consider to find the perfect lawyer for your case.
- Consult Multiple Lawyers. Most personal injury lawyers provide free first consultations. Take advantage of this and talk to a few lawyers before you make a final decision. Ask your questions, clarify your doubts, understand their work process and hire a lawyer you are comfortable with.
- Discuss Their Experience. If you work with a lawyer who has significant experience winning cases similar to yours, your chances of receiving a favorable outcome will be high. So, don’t hesitate to question your lawyer about their previous cases and their success rate.
- Ask About Their Trial History. Even if your case never goes to trial, it is a good idea to hire a personal injury attorney with considerable trial experience. If your lawyer thrives in front of a jury, they will not settle for anything less than what you deserve just to end the case early. This will also encourage the insurance companies to make their best offers since they generally want to avoid lengthy and expensive trials.
Methodology
To come up with the Best Personal Injury Lawyers in Stockton, CA 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)
Does California have personal injury protection?
California is an at-fault state, meaning the person responsible for causing an accident pays for the damages caused. Therefore, you do not need personal injury protection coverage in the state. Personal injury protection is a requirement in no-fault states where you are required to cover the expenses of your damages even if you are not the party at fault. To secure your expenses in case you are ever involved in an accident with an uninsured or underinsured driver, however, you can get additional coverages like Uninsured Motorist Coverage and Medical Payments Coverage.
What percentage do most personal injury lawyers take?
Most personal injury lawyers charge a contingency fee in personal injury cases. This means you pay the attorney a percentage of your compensation as a fee only if you win the case. This rate can be anywhere between 25% to 40% depending on the facts of your case and if the case ends in trial.
California law puts caps on attorney fees in medical malpractice cases. The lawyers can charge 40% for the first $50,000, 33% for the next $50,000, 25% for the next $500,000 and 15% for anything over $600,000 as their fee.
How long does an insurance company have to settle a claim in California?
Once you file a claim, they will have 15 days from its receipt to acknowledge it. They can then conduct their investigations and contact you for further details. They must respond to all communication within 15 days of their receipt. Once they have the proof of claim, they must either approve or deny your claim within 40 days.
