San Francisco Lawyers

Before you get the ball rolling on your case, it’s good to have a general sense of what to expect. This is a basic description of what you need to prove in a personal injury lawsuit and some rules about the process that you might want to know.

To prove that someone else is responsible for your injuries, you'll need to show that they were "negligent." This basically means they were careless. In everyday life, people are expected to act with a reasonable amount of care to avoid causing harm to others. If someone fails to meet this standard, and their actions lead to your injuries, they can be held liable for the damages. The standard of care can vary depending on the situation. For example, medical professionals are expected to follow specific guidelines and practices. If they fail to do so, and it results in an injury, they can be held responsible.

If you were injured because someone didn't use proper care while on the job, you might use a vicarious liability theory. This means that an employer can be held responsible for the careless actions of their employee if the employee was working at the time of the incident. Vicarious liability can be beneficial because employers typically have more resources to cover damages than individual employees. Additionally, there are situations where an employer might be directly responsible for the injury.

In certain situations, like those involving defective products, you might be able to use a strict liability theory to seek compensation. Strict liability can be simpler to prove than negligence because it doesn't matter how careful the defendant was. They’ll be liable if they caused your injuries by creating an incident or situation for which the law imposes strict liability.

"Breach of warranty" is another important concept that can come into play in cases involving defective products. This means that someone got hurt because they used a product that didn't live up to the promises made by the manufacturer or seller. These promises can be explicit or implied.

If you've been a victim of a crime like assault, you may also be able to file a personal injury lawsuit against the person who harmed you. These cases are known as "intentional torts.” What's important to know is that your civil lawsuit is separate from any criminal prosecution. Even if the person responsible isn't convicted of a crime, you can still win your personal injury case and receive compensation. A well-known example is the O.J. Simpson case, where he was found liable for damages in a civil court despite being acquitted in the criminal trial.

If you're thinking about filing a personal injury lawsuit in California, it's important to act quickly. You generally have two years to start your case. This deadline is known as the statute of limitations. (For medical malpractice cases, the timeframe is different.) If you don't file your lawsuit within the required period, the defendant can ask the court to dismiss your case. If that happens, you won't be able to pursue compensation for your injuries, no matter how severe they are or how clear the defendant's liability may be.

If you were in an accident and share some of the blame, you might be concerned about how this affects your ability to get compensation. Fortunately, California operates under a pure comparative negligence system. This means you can still receive compensation even if you were partially at fault, as long as the other party was also at fault. However, the amount you receive will be adjusted based on your percentage of fault. For example, if you were in a car accident for which the other driver and you were equally responsible, you could recover 50% of your damages. This system allows you to still get some financial relief, even if you were partly to blame for the accident.

Certain states have caps on damages in personal injury cases. California does not impose these limits for most lawsuits. However, there is an exception for medical malpractice cases. In these cases, California limits the amount you can recover for pain and suffering and other intangible harms.

If you're thinking about suing the government, it's important to know that it’s especially urgent to take action. You need to file a document called a notice of claim within six months. This is a much shorter timeframe than the usual two-year statute of limitations for other personal injury cases.

Most personal injury lawsuits are settled out of court, which can be a faster and more cost-effective way to resolve the case. When you settle a personal injury case, you agree to accept a certain amount of money in exchange for dropping your claims against the defendant. Settling means you'll get compensation sooner, allowing you to move on with your life more quickly. One of the main benefits of a settlement is that it avoids the uncertainty of a trial. When you go to court, you leave the decision up to a judge or jury, and there's no guarantee of what they will think.

A settlement is a final resolution of the case, meaning you typically can't go back and ask for more money later. It's crucial to ensure that the amount covers all your costs and losses, especially if you have permanent disabilities or long-term medical needs. The initial offer from the defendant or their insurance company might not be sufficient, since they often aim to settle the case for as little as possible. You may need to go through several rounds of negotiations to reach an offer that truly compensates you for your injuries. Remember, a case can settle at any time, even right before a trial starts. Be patient and make sure any agreement meets your needs before you sign it.

If you're encountering pushback from the defendant or their insurer, or if you're pursuing a significant amount of damages, hiring an attorney can be vital. The other side will likely have legal representation, so it's important to get your own advocate to avoid being at a disadvantage. An attorney can play a crucial role in collecting the evidence to support your claim. This evidence can establish the defendant's liability and highlight the extent of the damages you've suffered.

Evidence can come in many forms, including tangible items like medical records, hospital bills, pay stubs, photographs, and videos. Additionally, testimony from witnesses can be invaluable. These witnesses might include individuals who witnessed the accident, experts who can speak to the medical and financial impact of your injuries, or even friends and family who can describe how your injuries have affected your life. With a skilled attorney by your side, you'll have the support you need to build a strong case.

Beyond preparing your case, an attorney can provide invaluable guidance during settlement negotiations. They can help you determine if an offer is appropriate based on their experience with similar cases. With their knowledge, they can give you an idea of how much your case might be worth, which can be crucial in deciding whether to accept a settlement offer or continue with litigation. Having this advice helps you make informed decisions at every step of the way.

Although it's relatively rare, some personal injury cases do end up going to trial or get very close to it. In such situations, having an experienced attorney on your side is vital. They understand the intricate rules governing the trial process and can leverage these nuances to your benefit. Navigating this complex process on your own can be daunting. Additionally, your attorney will have a sense of the arguments the defense might use to avoid or reduce liability. They can anticipate these strategies and prepare effective counterarguments in advance, giving you a stronger position in court.

When searching for a personal injury attorney, you'll find that you have many options to consider. It's important to take the time to find the right fit for your specific needs. A good starting point is to explore online attorney directories, such as the Justia Lawyer Directory. These resources provide an overview of various attorneys and what they have to offer, allowing you to compare multiple candidates who might be a good match for your case. This way, you can make an informed decision and choose the attorney who best aligns with your requirements and expectations.

It's crucial to hire an attorney who has specific experience with the type of claim you're pursuing. For instance, an attorney who specializes in car accident cases may not be the best choice for a medical malpractice claim. If you're planning to sue the City of San Francisco, you'll want an attorney who has experience with claims against the government and understands the unique processes involved. Similarly, if a loved one has suffered permanent brain injuries, it might be wise to work with an attorney who has handled brain injury cases before. They are likely to have connections to reputable experts in that field, which can be invaluable to your case.

In general, it's advisable to avoid hiring an attorney who has a history of violating the ethical rules set by the State Bar of California. You don't want any potential misconduct to jeopardize your case. However, if you find a lawyer's disciplinary record consists of only a minor infraction from a long time ago, you might still want to keep them in mind. Just make sure to thoroughly evaluate their current standing and overall reputation before hiring them.

Reading reviews from former clients can provide valuable insights into an attorney’s personality and how they manage their cases. Additionally, endorsements from their peers can be a strong indicator of their reputation within the legal community. This professional respect might make the opposing side or even the judge more receptive to your case. It's also a good idea to review the notable results an attorney has posted on their website. While these verdicts and settlements shouldn't be seen as a prediction of what you might receive, they do reflect the level of success the attorney has achieved in the past.

Once you've identified a few attorneys who seem like solid options, it's a good idea to schedule an initial consultation with each of them. These consultations are typically free and come with no obligation to hire the lawyer. During these meetings, you can describe the basics of your case and hear how each attorney evaluates it. They should be able to explain their thoughts and any legal issues in a clear and understandable way. It's also important that you feel comfortable speaking candidly with them. For the attorney-client relationship to be effective, there must be clear communication and a foundation of trust. This initial consultation will help you determine if the attorney is someone you can work with closely and confidently throughout your case.

Perhaps the most common example of an incident that could result in a personal injury lawsuit is a motor vehicle collision. Some of these involve multiple vehicles striking each other, while others involve a car, truck, or motorcycle striking a bicycle or pedestrian. However, personal injury law extends much more broadly. Other types of cases include:

• Medical malpractice lawsuits based on negligence by healthcare providers
• Premises liability claims based on incidents like slip and falls on property that wasn’t properly maintained
• Products liability cases against manufacturers of defective products
• Dog bite lawsuits against people who owned or controlled a dog that attacked someone
• Nursing home cases involving negligence or abuse in one of these facilities

Some injuries occur in the workplace, and in California, most employers are required to carry workers' compensation insurance. This insurance is designed to provide benefits for work-related injuries regardless of who is at fault, protecting employers from being sued by employees for damages. However, if your injury was caused by a third party, such as a manufacturer of defective equipment, you may still have a claim against that third party. Pursuing this type of claim can help you recover damages like pain and suffering that are not covered by workers' compensation.

According to data collected on recent California personal injury cases that resulted in a verdict, the median amount of compensatory damages awarded was $150,000. This means that half the verdicts were larger than this amount, while half were smaller. The average personal injury verdict in California was about $1.6 million. Why is this number so much larger? The average can be distorted by a small number of very large verdicts that aren’t representative of what most victims get.

Here’s a look at some memorable verdicts and settlements in recent personal injury cases in California:

• $28.7 million for an anesthesia error that caused a severe brain injury
• $10 million for a fatal crash on a highway when a vehicle was rear-ended and then struck by a police vehicle, causing it to catch fire
• $6 million for a fatal pedestrian accident at a crosswalk
• $5 million for a claim alleging that hospital staff negligently removed a breathing tube
• $1.25 million for a sideswipe crash that caused spinal cord injuries

The value of any case depends on its specific facts, and you should talk to an attorney about how much your case may be worth.

The University of California at Berkeley manages a Transportation Injury Mapping System portal. This presents data on car accidents in locations throughout the state. In 2023, there were 4,264 deaths or injuries resulting from car accidents in San Francisco. Crashes involving drunk driving caused 381 deaths or injuries, while crashes involving drugged driving caused 31 deaths or injuries. Distracted driving resulted in 175 fatalities or injuries, and speeding resulted in 1,320 fatalities or injuries. The data also show that 628 pedestrians, 376 bicyclists, and 366 motorcyclists were killed or injured in car crashes.

The portal also provides data on other parts of the Bay Area. For example, Alameda County had 9,427 deaths or injuries in car crashes in 2023, while Santa Clara County had 8,730 deaths or injuries. Contra Costa County had 4,565 deaths or injuries in 2023, and San Mateo County had 3,329 deaths or injuries, while Marin County had 1,323 deaths or injuries.

The San Francisco Police Department collects information on the most dangerous intersections in the city. According to data from January 2022 through September 2023, the 10 most dangerous intersections based on the number of collisions were:

• Market and Octavia Streets
• Geneva Avenue and Mission Street
• Gough, Haight, and Market Streets
• Divisadero Street and Geary Boulevard
• 13th Street, Duboce Avenue, U.S. 101, Mission Street, and Otis Street
• Fulton Street and Park Presidio Boulevard
• 13th Street and South Van Ness Avenue
• Eddy and Larkin Streets
• Eddy and Polk Streets
• Ninth and Mission Streets

Each of these intersections had between 10 and 16 collisions during the period covered by the data.

If you're involved in a car crash in San Francisco and need to gather evidence for your lawsuit, obtaining a copy of the police report can be very helpful. You have a few options for requesting this report. You can visit the San Francisco Police Department headquarters during business hours to request it in person at no charge. Alternatively, you can use the online portal to make your request, or you can send your request via mail or email. The Crime Information Services Unit, located at 1245 Third Street, is responsible for processing these requests. You won't be able to obtain the report through a local district station.

If you believe you have been injured due to medical malpractice, you can file a complaint with the Medical Board of California, the state agency that regulates doctors. If you suspect nursing home abuse or neglect, there are several resources available. You can contact the Long-Term Care Ombudsman Program or call the Long-Term Care Ombudsman CRISISline at 800-231-4024 for immediate assistance. Additionally, the California Department of Social Services is available at 844-538-8766 to address your concerns. The SFPD can also provide assistance in these situations.

If you were injured during a crime, assistance is available from the Victim Services Division of the San Francisco District Attorney’s Office. You can visit them at 350 Rhode Island Street or call 628-652-4100 for support. Additionally, the Victims’ Services Unit within the California Department of Justice offers services to help you get your life back on track.

If you're an injured employee in California, the Division of Workers’ Compensation within the California Department of Industrial Relations provides valuable resources to assist you. Additionally, Cal/OSHA is dedicated to ensuring workplace safety and will respond to any complaints about hazards you might encounter on the job. It's important to know that your employer is legally prohibited from firing you or retaliating against you in any way for reporting a safety issue.

1. What damages can I get in a personal injury case?

   When seeking compensation for an injury, there are generally two types of compensatory damages you can receive: economic and non-economic damages. Economic damages are designed to cover your financial costs and losses, such as medical bills, lost income, and property damage. On the other hand, non-economic damages compensate for more intangible harm, such as pain and suffering and the loss of enjoyment of life. In certain cases where the defendant's actions are particularly egregious, you may also be awarded punitive damages, which are intended to punish the wrongdoer and deter similar conduct in the future.

2. How much does it cost to hire an attorney?

   Hiring a personal injury lawyer typically doesn't require any upfront costs. Instead, most personal injury lawyers work on a contingency fee basis, meaning they take a percentage of the money they recover for you. This percentage usually ranges between 25% and 40%, and it might be higher if your case goes to trial than if it’s settled beforehand. If your attorney doesn't secure any compensation for you, you won't owe them anything for their work.

3. What should I do if the insurer offers an amount that seems too low?

   You shouldn’t feel compelled to take a settlement that doesn’t seem to cover your needs, especially if you have serious injuries or permanent disabilities. You should contact an attorney as soon as possible if the insurer isn’t cooperating.

4. Will I need to go to court for my personal injury case?

   Probably not. The overwhelming majority of cases settle out of court. However, you should be prepared for the possibility of going to trial if you don’t get a fair settlement offer.

5. Can I sue if my spouse was killed in an accident?

   Yes, the surviving spouse or domestic partner of someone who died in an accident can bring a wrongful death lawsuit. The children of the victim or the personal representative of their estate also can bring the lawsuit, among other people specified by statute. Damages in these cases may include financial support from the victim, the value of their household services, and the loss of their companionship and affection, among other losses.