Wilshire Law Firm represents individuals and families in Oakland and surrounding California communities who have been injured due to negligence.
Personal Injury Claims in Oakland and Alameda County
An injury caused by someone else’s negligence can affect every part of your life, from your ability to work to your long-term physical and financial wellbeing. Oakland residents face a range of injury risks, including car accidents on I-880 and I-580, pedestrian and bicycle accidents in urban corridors, premises liability incidents at commercial and residential properties, and workplace injuries involving third-party negligence. When these injuries result from another party’s failure to exercise reasonable care, California law may allow the injured person to pursue compensation.
Wilshire Law Firm helps injured Californians understand the legal options available to them under state law and what the process of pursuing a personal injury claim typically involves.
Common Personal Injury Scenarios in Oakland
Car, Truck, and Motorcycle Accidents
Oakland’s major freeways, including Interstate 880 and Interstate 580, see heavy commercial and commuter traffic throughout the day. Accidents involving passenger vehicles, commercial trucks, and motorcycles can result in serious injuries that require extensive medical treatment. When these accidents are caused by a negligent driver, a distracted motorist, or a commercial carrier’s failure to maintain their vehicles, the injured party may have a claim under California negligence law.
Pedestrian and Bicycle Accidents
Oakland has invested in bicycle infrastructure, but collisions between cyclists or pedestrians and motor vehicles remain common in the city’s urban corridors. Under California law, drivers have a duty to exercise reasonable care around vulnerable road users. When that duty is breached and an injury results, the injured pedestrian or cyclist may be entitled to pursue a claim against the at-fault driver.
Rideshare Accidents (Uber and Lyft)
Rideshare companies operate throughout Oakland, and accidents involving Uber or Lyft vehicles present unique legal considerations. Depending on whether the driver was actively on a trip, logged into the app, or offline at the time of the accident, different insurance policies may apply. Wilshire Law Firm has experience helping injured passengers and third parties navigate the complexities of rideshare accident claims under California law.
Premises Liability
Property owners in Oakland, whether commercial or residential, have a legal duty to maintain safe conditions for visitors and guests. Slip and fall accidents, injuries caused by inadequate security, and incidents resulting from negligent maintenance may give rise to premises liability claims. California law imposes different standards of care depending on the relationship between the property owner and the injured person.
Wrongful Death
When a person’s death is caused by another party’s negligence, surviving family members may be entitled to file a wrongful death claim under California law. This may include a spouse, children, or other dependents who suffer losses as a result of the death. A separate survival action may also be available to recover on behalf of the decedent’s estate.
How Personal Injury Claims Work in California
A personal injury claim in California typically begins with an investigation of the accident, gathering of evidence such as medical records and accident reports, and an assessment of the damages suffered. This may include current and future medical expenses, lost income, and non-economic losses such as pain and suffering.
California follows a comparative fault rule, meaning that a plaintiff’s compensation may be reduced if they are found to bear some responsibility for the accident. This does not necessarily bar recovery; California allows a person to recover damages even if they were partially at fault, though the amount is reduced proportionally.
Many personal injury claims in California are resolved through negotiation with insurance companies without going to trial. However, litigation may be necessary if a fair resolution cannot be reached. The statute of limitations for most personal injury claims in California is two years from the date of injury.
What to Expect from a Consultation with Wilshire Law Firm
Wilshire Law Firm offers free consultations for individuals in Oakland who have been injured due to negligence. During an initial consultation, an attorney will review the circumstances of your accident, explain how California law applies to your situation, and outline the general steps involved in pursuing a claim.
Wilshire Law Firm handles personal injury cases on a contingency basis, meaning no fees unless you get paid. You do not need to pay anything upfront to begin working with the firm, and cost is not a barrier to getting a legal assessment of your case.