Injuries happen unexpectedly and can leave victims with significant disabilities and major medical expenses. At Walkup, Melodia, Kelly & Schoenberger, we are ready to help when you need a Fremont personal injury attorney. If another person caused your injury, our team will thoroughly investigate your case so we can secure the compensation you need to get through this.
Why choose Walkup, Melodia, Kelly & Schoenberger for your case?
After sustaining an injury caused by another person, you need an attorney what extensive experience handling complicated cases. Walkup, Melodia, Kelly & Schoenberger is ready to help.
- We have an unmatched record of success, having recovered more than $1 billion on behalf of wrongfully injured clients.
- We have been helping Fremont personal injury victims for nearly six decades, and we understand when to settle a case and when to take one to trial.
- We have extensive resources available that allow us to conduct complete investigations into every incident.
Our team understands that affording an attorney is not easy for personal injury victims, which is why we take these cases on a contingency fee basis. This means that our clients pay no legal fees until after we obtain the compensation they deserve.
Fremont Personal Injury Frequently Asked Questions
Why hire an attorney for a Fremont personal injury case?
An attorney is going to be the person responsible for conducting a complete investigation into the incident in order to determine liability. An attorney will have the resources necessary to:
- Obtain all evidence related to the injury (photo or video surveillance, eyewitness statements, accident reports, company or personnel documents, and more).
- Work with trusted medical and economic professionals to properly calculate their client’s total losses.
- Negotiate with all parties involved to secure a fair settlement for their client or prepare the case to go to trial.
The team at Walkup, Melodia, Kelly & Schoenberger firmly believes that everybody should have access to a skilled legal team after sustaining an injury caused by another party. Victims in these cases are often left on their own to go up against aggressive insurance carriers and well-funded companies or property owners. An attorney is going to be the equalizer standing up for justice in these situations.
How Much Does a Fremont Injury Attorney Charge?
A personal injury attorney may not cost you anything upfront. At Walkup, Melodia, Kelly & Schoenberger, our Fremont personal injury lawyers understand that victims in these cases are often left in precarious financial situations. With incoming medical expenses as well as lost earnings if a victim is unable to work, affording an attorney may seem impossible.
We take Fremont personal injury cases on a contingency fee basis. This means that our clients will pay no upfront or out-of-pocket costs for their case. Our attorneys will only collect legal fees after we obtain the compensation that our clients are entitled to. If we do not win, you do not pay. We think this contingency fee arrangement is beneficial to ensuring that injury victims are able to stand up to aggressive insurance carriers and at-fault parties.
How do personal injury cases arise in Fremont?
Personal injury cases arise in Fremont for a variety of reasons when somebody is injured due to the negligent, careless, or intentional actions of another. At Walkup, Melodia, Kelly & Schoenberger, our Fremont personal injury lawyers regularly help clients who have been injured due to the following:
- Car accidents
- Semi-truck accidents
- Commercial vehicle accidents
- Motorcycle accidents
- Bicycle accidents
- Electric scooter accidents
- Pedestrian accidents
- Dog bite incidents
- Birth injuries/cerebral palsy
- Nursing home abuse incidents
- Dangerous property conditions
What are the most common types of injuries we help clients recover compensation for?
The Fremont personal injury lawyers at Walkup, Melodia, Kelly & Schoenberger have experience helping clients who have sustained a wide variety of injuries. It is not uncommon for our attorneys to help clients who are suffering from the following:
- Broken and dislocated bones
- Spinal cord injuries
- Traumatic brain injuries
- Internal organ damage or internal bleeding
- Severe lacerations or puncture wounds
- Amputation injuries or crush injuries
- Brain damage from birth defects
- Illnesses caused by nursing home neglect
- Wrongful death
Our team also regularly helps clients who have sustained significant psychological or emotional trauma as a result of the incident and their subsequent injuries. While these injuries may not be as visible as traumatic bodily harm, they can still affect a personal injury victim’s ability to enjoy their daily life activities.
Can victims file lawsuits to recover compensation?
While the vast majority of personal injury claims will be settled out of court and with insurance carriers, that is not always the case. If an insurance carrier denies a fair settlement, victims may need to file a lawsuit against the alleged negligent party to recover the compensation they deserve. However, the California Code of Civil Procedure section 335.1 states that victims have only two years to file a claim in these cases. After the two-year statute of limitations has expired, victims will likely lose the ability to recover any compensation at all.
Please note that, per California Government Code section 911.2, those who have a claim against a government entity in California have just six months to file an injury claim and that those cases operate under a different set of procedural rules.
What happens if you are partially at fault for the incident?
Obtaining compensation after a personal injury case in Fremont revolves around proving liability of an at-fault party. However, sometimes an injury victim can be held partially at fault for causing their own injuries. Under California’s comparative negligence laws, a person can still receive compensation even if they were partially at fault for the incident.
California follows a “pure comparative negligence” standard which allows victims to recover compensation even if they are more than 50% responsible (up to 99%). However, any compensation a victim is awarded will be reduced based on their percentage of fault. For example, if a client is awarded $10,000 in damages after a slip and fall accident, but it is determined that they were 20% at fault for the incident because they were texting, then they would only receive $8,000 in total compensation.
How Is Fault Proven in an Injury Case?
Determining fault in a personal injury case will revolve around four elements that need to be proven. This includes the following:
- Duty. It needs to be proven that the defendant (the alleged negligent party) owed some sort of duty of care to the plaintiff (the injury victim). This duty of care will vary depending on the nature of the incident in question. For example, all drivers are expected to operate their vehicles safely on the roadway in accordance with all traffic laws. Business owners have a duty to ensure that their premises are safe for customers and employees.
- Breach. Once a duty of care has been established, it needs to be shown that the defendant breached their duty by doing something, or not doing something, that could cause harm to others. Keeping with the examples mentioned above, a driver operating with a blood alcohol content level above the legal limit has likely breached their duty to others on the roadway around them. Business owners who fail to clean up major spills on their premises will likely have breached their duty to keep patrons and employees safe.
- Causation. After a breach of duty has been proven, it needs to be shown that this breach was the actual cause of the plaintiff’s injuries and losses. Once a breach of duty has been established, causation is typically not too difficult to prove.
- Damages. Finally, it needs to be shown that the plaintiff’s injuries led to some sort of loss that can be monetarily compensated. This can include medical bills, lost wages, emotional distress, etc.
A skilled personal injury lawyer at Walkup, Melodia, Kelly & Schoenberger will have the resources and legal expertise necessary to conduct a full investigation into your personal injury case in order to prove these four elements of negligence. Please understand that these cases can become complicated, and proving only one or two of these elements of negligence is not going to be enough for your case to be successful. All of these elements discussed need to be proven.
Do You Have to Go to Court if You File a Claim?
Depending on specific factors related to your case, you may or may not have to go to court after filing a claim. Most personal injury claims are settled before it becomes necessary for a person to go to court. In fact, the vast majority of personal injury matters are resolved through a settlement with insurance carrier before a lawsuit is even filed. If an insurance carrier or at-fault party refuses to offer a fair settlement or denies a claim, it may be necessary for an injury victim to file a lawsuit. Even after a lawsuit is filed, most cases are settled before they reach a jury.
Your Fremont personal injury attorney will be able to help you gain an understanding of whether or not your case will eventually end up in court.
What Type of Evidence Is Collected for Your Claim?
There are various types of evidence that may be used to support your personal injury claim in Fremont. The types of evidence used in these cases vary widely and depend on what type of incident your claim revolves around. For example, the evidence gathered in a car accident case is going to differ from the types of evidence gathered for a slip and fall injury claim. However, some of the common elements amongst personal injury case evidence include:
- Statements from any eyewitnesses to the incident
- Any available video surveillance of the incident
- Any photos taken at the accident scene
- Accident reports or police reports
Often, personal injury cases revolve around possible criminal charges for the person responsible. When this happens, much of the evidence used will also be the same evidence presented in the criminal case. For example, a personal injury claim revolving around a DUI case will likely involve evidence such as blood alcohol tests, field sobriety tests, and statements from the arresting police officer.
When you contact a Fremont personal injury attorney at Walkup, Melodia, Kelly & Schoenberger, they will begin working immediately to obtain all evidence necessary to prove liability in your case and secure the compensation you are entitled to. There are various forms of evidence that can be difficult for an injury victim to obtain on their own, and obtaining the appropriate evidence may require court orders.
Typical Timeline of a Personal Injury Case
The timeline of a personal injury case in Fremont will vary significantly depending on the circumstances related to each particular case. For example, personal injury claims in Fremont that are resolved by insurance carriers may only take a few weeks or a few months to reach a conclusion. This timeframe will involve negotiations between insurance carriers and a discussion of possible settlements.
However, in the event a personal injury lawsuit is filed against the alleged negligent party, this will result in a resolution taking much longer. Even though most personal injury lawsuits are settled before they get to a jury trial, the following steps could take months or even years to complete:
- Investigations into the incident by all parties
- The “discovery phase” of the process in which both sides exchange evidence
- Depositions in which both parties are allowed to question witnesses related to the case
- Negotiations between the defendant and the plaintiff in an effort to reach a fair settlement
If a jury trial is inevitable, the case will be scheduled and placed on the docket. Often, the personal injury docket is crowded, and it may take some time for a case to finally be heard by a jury. Once the case date does finally approach, the jury trial itself may only take a few days or a week to conclude.
What Types of Damages Can You Recover?
If you or somebody you care about has sustained an injury due to the careless or negligent actions of another individual or entity in Fremont, you may be entitled to various types of compensation. This includes coverage of economic losses, non-economic losses, and possibly punitive damages.
Economic damages typically refer to compensation available to injury victims that is relatively easy to calculate using medical bills, proof of lost wages, and receipts of other out-of-pocket expenses. This can include the following costs that a victim may occur:
- Medical expenses
- Physical therapy and rehabilitation expenses
- The cost of any home or vehicle modifications to aid in mobility
- General household out-of-pocket expenses
- Lost income if a victim cannot work while they recover
Non-economic damages are often referred to as pain and suffering losses that a victim can receive compensation for. These damages are usually a bit harder to calculate because they involve losses that do not necessarily come with bills or receipts. Typically, this compensation is calculated by using a multiplier method, wherein the total economic damages are added up and multiplied by set number (usually between 1.5 and 5). Some of the most common non-economic damages include the following:
- Loss of enjoyment of life
- Scarring and disfigurement damages
- Compensation for physical pain and suffering
- Compensation for mental pain and suffering
- Loss of consortium for a spouse
- Emotional distress damages
If the actions of the defendant in a personal injury case are found to be grossly negligent, particularly egregious, or intentional, punitive damages may be awarded to the victim as well. These damages are meant to punish the alleged negligent party as well as send a signal to others that this type of behavior or actions are not acceptable.
What kind of compensation is available for these claims?
California law does not specify a set amount of damages that should be awarded for victims of personal injuries. Rather, compensation is awarded based on the factors related to each particular case. At Walkup, Melodia, Kelly & Schoenberger, we have extensive experience helping clients secure compensation in these cases. This includes an $8.35 million jury verdict for a person injured by a defective artificial hip and a $7.75 million settlement for injuries caused by big rig rollover.
Contact our Personal Injury Lawyers in Fremont Today
Our attorneys will investigate your case in order to secure compensation for your medical bills, lost income, loss of personal enjoyment, and more. When you need a Fremont personal injury attorney, you can contact us for a free consultation of your case by clicking here or calling (415) 981-7210.