Fremont roadways can be crowded, which unfortunately leads to car accidents. If you or someone you love sustains an injury in a crash caused by another driver’s negligence, turn to the team at Walkup, Melodia, Kelly & Schoenberger. Our Fremont car accident attorneys will investigate your claim so we can secure maximum compensation on your behalf.
Choose Walkup, Melodia, Kelly & Schoenberger for this case
Before going up against aggressive insurance carriers, seek assistance from an attorney with extensive experience with these cases. Walkup, Melodia, Kelly & Schoenberger is here for you.
- Our Fremont personal injury lawyers have been helping injured clients for nearly 60 years, and we have secured more than one billion dollars on behalf of wrongfully injured victims.
- We thoroughly understand how insurance companies operate and how to compel them to treat you fairly.
- We have the resources necessary to conduct a thorough investigation and to reconstruct your car accident case to prove liability.
We understand the cars that victims are often struggling financially, which is why we take Fremont car accident cases on a contingency fee basis. This means that we charge no legal fees until after we secure the compensation you deserve.
Why hire an attorney for a Fremont car accident case?
Many people may want to try to secure compensation after a Fremont car accident case without assistance from an attorney. This may be possible in some cases, but car accident insurance claims and subsequent lawsuits can become complicated very quickly. Unlike most car accident injury victims, an attorney will have the resources necessary to:
- Conduct a full investigation into the incident, which includes obtaining any video or photo surveillance, speaking to eyewitnesses and other drivers, analyzing accident reports, and more.
- Ensure their client is evaluated by a trusted medical professional who will help care for them and determine their total expected monetary losses.
- Hire any expert witnesses, including accident reconstructionists, who can help paint a picture of what happened in the crash.
- Handle negotiations with other parties involved to ensure their client receives a fair settlement or prepare the case for trial if that is what it takes.
At Walkup, Melodia, Kelly & Schoenberger, our Fremont car accident lawyers believe that every car accident injury victim deserves skilled legal representation.
How do car accidents in Fremont occur?
Car accidents that occur in and around the Fremont area have various causes. At Walkup, Melodia, Kelly & Schoenberger, our attorneys regularly help clients who have been injured due to another driver:
- Failing to follow traffic laws (speeding, failure to yield, failure to stop)
- Operating while impaired by alcohol or drugs
- Operating while distracted by a phone, another device, or something else in their vehicle
According to the California Office of Traffic Safety, data shows that more than 272,000 total people were injured in traffic crashes during the latest reporting year across the state. Injuries from many of these accidents were severe, and our Fremont car accident lawyers regularly help clients who have sustained broken and dislocated bones, spinal cord injuries, traumatic brain injuries, internal bleeding or organ damage, and more.
How long do victims have to file a claim?
When we turn to the California Code of Civil Procedure section 335.1, we can see that statute of limitations for California car accident cases is two years. This means the victims have two years to file a personal injury lawsuit in Fremont against an alleged negligent party. While most cases are settled through insurance carriers, a lawsuit may be necessary if a claim is rejected or a settlement offer is too low.
What types of compensation are available for this case?
If you or a loved one had been injured in a Fremont car accident, there may be various types of compensation available for your case. The total amount awarded will vary depending on the factors related to each particular accident. At Walkup, Melodia, Kelly & Schoenberger, we have extensive experience helping clients recover compensation in these cases, including an $8.8 million jury verdict for a child who suffered a head injury after an automobile accident and a $2.75 million settlement for a car accident caused by defective highway design.
What if you were partially at fault for the car accident in Fremont?
Car accident cases are rarely cut and dry. While there may be times when it is clear that one party is 100% at fault for the incident, that is not always going to be the case. However, car accident victims can still recover compensation even if they are partially at fault for the incident. Under California’s comparative negligence laws, victims can recover compensation even if they are up to 99% at fault for the incident.
Based on the California “pure comparative negligence” standard, the total amount of compensation a person receives will be reduced based on their percentage of fault. For example, if a jury awards $100,000 to a car accident victim while also determining that the person was 30% at fault for the incident because they were holding their cell phone, then that person will only receive $70,000 in total compensation.
Can you file a lawsuit if an insurance claim is denied?
The first step towards recovering compensation in a Fremont car accident case is usually going to be filing an insurance claim against the at-fault party’s insurance carrier. For various reasons, there are times when insurance claims are denied or when the insurance carrier refuses to offer a fair settlement. It is certainly possible to file a lawsuit in the event an insurance claim is denied.
There are various reasons why insurance carriers deny claims or refuse to make fair settlement offers, but that does not mean a Fremont car accident victim has to simply accept their decision. Sometimes a personal injury lawsuit will be necessary to ensure that a car accident victim is treated fairly. At Walkup, Melodia, Kelly & Schoenberger, we have no problem taking on aggressive insurance carriers or filing lawsuits against them if they refuse to fairly compensate our clients.
Our attorneys will thoroughly investigate your case in order to secure coverage of your medical expenses, lost wages, pain and suffering damages, and more. When you need a Fremont car accident attorney, you can contact us for a free consultation of your case by clicking here or calling (415) 981-7210. We also serve victims of car accidents in Sacramento.