Santa Rosa Personal Injury Lawyer
Serious injuries can lead to major setbacks for victims. Not only can an injury cause temporary or permanent disabilities, but victims and their families often incur tremendous medical and out-of-pocket expenses. At Walkup, Melodia, Kelly & Schoenberger, we are here to help when you need a Santa Rosa personal injury attorney. If another person has caused your injuries, let us investigate your claim and secure the compensation you deserve.
Why choose Walkup, Melodia, Kelly & Schoenberger?
After sustaining an injury caused by another person’s actions, seek assistance from one of the most reputable personal injury firms in the US. Walkup, Melodia, Kelly & Schoenberger is ready to help.
- We are one of the most successful personal injury firms in the country and have recovered more than one billion dollars on behalf of our wrongfully injured clients.
- We have a success rate of more than 98% for the personal injury cases we have handled.
- We have a full-time physician on staff to help us understand your injuries and prove your case in court.
Our team understands that many victims of personal injuries lack the resources necessary to afford an attorney, which is why we take Santa Rosa personal injury cases on a contingency fee basis. This means that we do not collect any legal fees until after we secure the compensation you deserve.
Why do you need a Santa Rosa personal injury lawyer?
Many people struggle to understand why they may need an attorney to help with their personal injury case in Santa Rosa. Unfortunately, even the most seemingly straightforward personal injury cases can become complicated very quickly. An attorney is going to have the resources and legal experience necessary to conduct a full investigation into the incident in order to recover the compensation you are entitled to. An attorney is going to be necessary to:
- Obtain every piece of evidence needed to prove liability in the case. This can include statements from eyewitnesses, video or photo surveillance, accident reports, internal company documents, and more.
- Work to ensure their client receives quality medical care to treat their injuries.
- Use medical and economic experts to properly calculate their client’s total expected losses.
- Work with everybody involved to obtain a fair settlement on behalf of the client.
Understanding personal injuries in Santa Rosa
Personal injury law encompasses a wide range of ways that someone could be hurt due to the negligence of another person, company, or entity. At Walkup, Melodia, Kelly & Schoenberger, we have extensive experience handling personal injury claims that arise in various ways, including:
- Car accidents
- Semi-truck or other large truck crashes
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Dog bite incidents
- Nursing home abuse and neglect
- Medical negligence
- Premises liability/property owner negligence
- Birth injuries and cerebral palsy cases
Injuries that arise from these incidents are often severe. Our Santa Rosa personal injury lawyers regularly help clients who have suffered from spinal cord trauma, traumatic brain injuries, broken and dislocated bones, amputation injuries, internal organ damage, and more. Aside from these traumatic injuries, we regularly help victims who have sustained significant psychological and emotional damage as well.
Can a victim file a lawsuit in these cases?
While many personal injury cases will be resolved through settlements with insurance carriers, it may be necessary for victims to file personal injury claims against an alleged negligent party. According to the California Code of Civil Procedure section 335.1, there is a two-year statute of limitations in place in these cases. This means the victims have a two-year window from the date their injury occurs with which to file claims against the at-fault party, or they could lose the ability to recover any compensation for their losses.
We want to point out that filing an insurance claim is not the same thing as filing a personal injury lawsuit. In general, insurance claims must be made within a very short amount of time after the incident occurs. The two-year statute of limitations does not apply to insurance claims, though the carriers do have their own deadlines that need to be adhered to. If the insurance carrier fails to offer a fair settlement or denies a claim, then a personal injury lawsuit may be required.
How much compensation is available?
California personal injury law does not specify how much compensation a victim will receive for their injuries. Instead, the total amount of damages awarded will vary depending on the particular facts related to each specific case. At Walkup, Melodia, Kelly & Schoenberger, we have an extensive track record of success in these cases including a $1 million settlement for a bicyclist who sustained a spinal cord injury in a crash with a taxi and another $1 million settlement for a visitor to a public park who was killed by a falling tree that authorities did not properly take care of.
Handling a situation in which you were partially at fault
Unfortunately, many injury victims in Santa Rosa think that they will not be able to recover compensation if they were at fault in any way for the incident. This is not the case. California operates under a “pure comparative negligence” system. This means that a personal injury victim in Santa Rosa can still recover compensation regardless of whether or not they were in any way at fault for the incident (up to 99% at fault). However, the total amount of compensation they receive will be reduced based on their percentage of responsibility.
For example, if somebody runs a stoplight and ends up getting T-boned, then the person who disobeyed the traffic signal will generally be considered at fault. However, if the person who struck them was looking at their phone and text messaging at the time of the crash, a jury may also find the victim partially responsible for the incident. Suppose, in this case, a jury awards $100,000 to the person injured due to the driver running the stop sign while also finding the injury victim 30% at fault for the incident because they were text messaging. In this case, the injury victim will receive $70,000 in damages.
At Walkup, Melodia, Kelly & Schoenberger, our experienced team will work diligently to prove an injury victim’s potential liability in an incident. This will involve uncovering all evidence needed to determine the liability of the at-fault party and counter any arguments from the insurance carrier or at-fault party that the victim caused their own injuries.
Our attorneys will conduct a full investigation into your claim in order to recover compensation for your medical expenses, lost wages, pain and suffering damages, and more. When you need a Santa Rosa personal injury attorney, you can contact us for a free consultation of your case by clicking here or calling (415) 889-2919.