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Legal FAQ

Answers from attorneys you can trust

Finding out more about personal injury claims in Walnut Creek, California is important if you were injured in a car accident, bitten by a dog or sustained an injury in another type of accident. Below we have included some frequently asked questions about this topic for your convenience. We also welcome you to contact our offices for a free consultation with a Walnut Creek personal injury lawyer. Call Clancy & Diaz, LLP, at (925) 835-7500 for assistance.

Frequently asked questions

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How do I know if I have grounds for a case?

Finding out whether your personal injury case has merit is important. It requires a case review by an experienced attorney, who can evaluate the circumstances of your injury to determine whether someone else's intentional or unintentional conduct was to blame. If this is true, you may be able to move forward with a case.

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What is my personal injury claim worth?

The value of each individual personal injury claim is different, depending on the circumstances of the case. The extent of injury typically plays the most important role, as may any negligence or responsibility on the part of the victim. To find out what your case is worth, we recommend that you talk to an attorney at our Walnut Creek personal injury law firm.

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What is negligence?

Negligence may be defined as acting or failing to act with proper caution or care for another's safety. Negligence may take on many forms: carelessness, recklessness or a simple mistake.

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What types of damages may be awarded in a Walnut Creek injury claim?

Although this will vary in accordance with your particular case, some of the damages that may be awarded include medical expenses, future or ongoing medical care, medical supplies, medicine, lost wages, future loss of earning potential, emotional trauma from the accident, and pain and suffering.

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Will I have to go to trial?

The vast majority of personal injury cases settle out of court, meaning the parties reach an agreement without going to trial. Whether or not your case goes to trial will depend on the other party's willingness to be fair in offering you compensation for your injuries.

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Can I appeal my claim if I lose my case in court?

Yes. You can and should appeal your case to a higher court if a judge or jury does not rule in your favor. If someone else caused your accident, you should not have to pay for someone else's negligent or reckless behavior. That's why the appeals process exists.

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How long do I have to take legal action after an accident?

Deadlines vary depending on what type of accident occurred. But in general, most California personal injury accident victims have two years to take legal action after an accident. That deadline for filing a personal injury lawsuit is known as the statute of limitations. Two years might seem like a long time. But building a successful legal case often takes a lot longer than many people might realize. That's why it's critical that you contact an attorney at our law firm as soon as possible.

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Should I accept a settlement claim offer from an insurance company?

In most cases, settlement offers from insurance companies don't even come close to covering all your accident-related expenses. And once you agree to accept an offer, that's generally the only money you will ever receive for the rest of your life for your accident. Insurance companies know this. That's why they want you to accept their offer and simply go away. We can help you evaluate your settlement offer and suggest whether we think it's a fair and reasonable offer.

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Can I ask for more money for my personal injury claim?

Yes. In many cases, you can and should ask for more money for your personal injury claim. Remember, if you agree to accept a settlement offer, that money must cover all your accident-related expenses for the rest of your life. You cannot go back to insurance companies and ask for more money again in the future. That's why you should ask insurance companies for more money for your accident now.

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Why should I hire a lawyer to handle my personal injury case?

Dealing with insurance companies, trucking companies, property owners or anyone else responsible for compensating you for your injuries can be very complicated. These companies have years of experience dealing with such complicated cases. In contrast, this might be the first time you have ever had to deal with an accident.

In such situations, it's critical that you have someone experienced in your corner who fully understands the law. Having an attorney on your side can help level the playing field and allow you to effectively negotiate for the best possible settlement for your accident.

It's also important to remember that police officers and others investigating your accident don't work for you. They're simply concerned with determining why an accident happened, not whether you receive a fair settlement. In contrast, your attorney works for you and no one else. And your lawyer's primary goal should always be to secure the maximum compensation you deserve for your accident.

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Clancy & Diaz, LLP
2855 Mitchell Dr Suite 106
Walnut Creek, CA 94598
p: 925.835.7500 f: 510.768.7203