Legal Blog - Silva Injury Law

Sep 21, 2021 | By Silva Injury Law, Inc. | Read Time: 2 minutes | Wrongful Death

Wrongful Death Law California

When you lose a loved one unexpectedly due to an accident or negligent action, it can take a significant toll on your emotional and financial wellbeing. Wrongful death law in California recognizes this and allows survivors to pursue compensation from the responsible party in the form of a wrongful death claim. Here is everything you need to know about California wrongful death law and how our personal injury attorneys can help. What Is Wrongful Death? A wrongful death is any fatal injury sustained by an individual due to the negligent actions of another person. Typically, wrongful deaths occur under the care of a doctor. However, a wrongful death claim may apply to a variety of cases, including car accidents, dog bites, and more. Surviving family members of the deceased usually incur financial losses due to the death, and these expenses can be recovered through a wrongful death claim. Who Can File a Wrongful Death Claim in California? Under CCP § 377.60, all possible heirs may file a wrongful death claim, including the spouse, domestic partner, or children of the deceased. However, California law only allows one wrongful death claim to be brought against the responsible person. This means that all heirs must join the same lawsuit. The court bars any heir that doesn’t join the lawsuit from receiving any portion of the judgment. To avoid unfairness, the heirs filing the wrongful death suit must also include any known heirs in their claim. If the original claimant omits any of the known heirs of the deceased, they may be held responsible. Statute of Limitations Under California Wrongful Death Law The statute of limitations for a wrongful death claim in California has three deadlines depending on the circumstances of the case. For most cases, including car accidents or premises liability, the lawsuit must be filed within two years of injury or death. For medical malpractice cases, the statute of limitations differs. According to CCP § 340.5, any action against a health care provider for their negligence must be filed within three years from the date of the injury or one year after the patient discovers the injury, whichever comes first. If a government entity or employee causes the wrongful death, you must first file a claim with the government agency before pursuing a lawsuit. Under the California Tort Claims Act, the claimant must file a claim within six months of the incident. Afterward, the government has 45 days to conduct its investigation and attempt to settle the claim. If the government rejects your claim or does not take any action, you may file a lawsuit. The amount of time you have to file depends on whether you received a “right to sue” letter from the government entity. If you receive a letter, you have six months from the postmark or delivery of the letter to bring a lawsuit. However, if the government doesn’t respond to your initial claim within 45 days, you have two years from the date of the injury to sue. Contact Our California Wrongful Death Attorneys Today Losing a loved one is hard, but you don’t have to go through it alone. At Silva Injury Law, we advocate for families who have lost a loved one due to another person’s negligence. Using our knowledge of California wrongful death law, we manage all the aspects of the case and fight for your family’s needs. We are here for you every step of the way. To schedule a consultation, call one of our offices or contact us online.

Sep 14, 2021 | By Silva Injury Law, Inc. | Read Time: 3 minutes | Wrongful Death

Survival Action in California

When someone survives their injuries due to another person’s negligence, chances are they may file a personal injury case against the one responsible. However, some victims may die before they can seek compensation, leaving families emotionally and financially devastated. By filing a survival action in California, the head of the victim’s estate can pursue the compensation owed to the victim before their death on their behalf. What Are Survival Action Claims in California? In California, a survival action is any personal injury claim that the deceased filed or could have filed before their death. In many cases, the survival action will relate to the accident that caused the person’s death, but not necessarily. For example, someone may suffer injuries in a non-fatal car accident and then die of an unrelated heart attack a year later before they have a chance to seek compensation for the car accident. A survival action would allow their estate to collect damages they would have been able to seek from the car accident if they had lived. Under CCP 377.30, the representative of the deceased’s estate may file a survival action. In many cases, this representative is a successor-in-interest named in the deceased’s will or trust. While this is sometimes a family member of the deceased, it may also be a close friend, lawyer, or financial manager. However, survival actions may only be filed if the deceased didn’t immediately die from their injuries. Recoverable Damages in California Survival Action Under California Law, a survival action allows the estate to seek limited compensation for the deceased’s injuries. CCP 377.34 states that the representative may pursue economic and punitive damages sustained by the deceased before their death. Non-economic losses, such as disfigurement, loss of quality of life, or pain and suffering, are not included. Despite these limitations, there are several economic damages that a representative may pursue in a survival action, including but not limited to: Medical bills for the treatment of the deceased before their death; Damage to the deceased’s property related to their injuries; and Lost wages of the deceased between the date of injury and death. Depending on the nature of the incident, the court may decide to award punitive damages as well. However, this is only in cases where the defendant showed a willful, reckless disregard for the safety or rights of others. Survival Action California Statute of Limitations The statute of limitations for a survival action in California is slightly different from a wrongful death case. Under CCP 366.1, as long as the statute of limitations had not yet expired by the time of the person’s death, a survival action may be brought either within six months after the victim’s death or two years from the date of the injury, whichever comes last. Consider the following example of the statute of limitations: On January 1, 2021, John gets into a car accident with a drunk driver and suffers a traumatic brain injury. Although he survived the initial incident, John’s injury leads to a series of strokes, which eventually send him to the hospital one year later. In January 2022, one year after receiving his injuries, John dies from a stroke at the hospital. Based on this fact, his estate has until January 1, 2023, to file a survival action. In this case, since the victim died only one year after their injury, the estate has two years from the date of injury to file the claim. If the victim died on December 1, 2022 instead—23 months after the injury—the estate would have until June 1, 2023 to file, six months after the death. Lost a Loved One Due to Another’s Actions? We Can Help If you’ve lost a loved one due to a wrongful death or other personal injury, you don’t need to fight it alone. At Silva Injury Law, Inc., our experienced wrongful death attorneys treat you like family. While money cannot replace the comfort and presence of a loved one, we passionately pursue the compensation your family needs. To schedule a consultation, call us or contact us online today. We proudly serve clients throughout California from our offices in Monterey, Modesto, Merced, and Turlock.

Sep 7, 2021 | By Silva Injury Law, Inc. | Read Time: 2 minutes | Wrongful Death

The Wrongful Death Statute of Limitations in California

Every state has its own wrongful death statute, and every state sets its own wrongful death statute of limitations. The wrongful death statute of limitations in California includes several exceptions that sometimes apply. Don’t assume that an exception will apply without talking to your lawyer first, however. The California Wrongful Death Statute When someone suffers an injury because of another person’s wrongful behavior, the injured person can file a personal injury lawsuit. But what happens if the injured person dies? After all, a dead person cannot file a lawsuit. The California wrongful death statute provides a monetary remedy for surviving relatives and certain financial dependents of the deceased in these situations. The law even provides for intangible damages, such as compensation for loss of companionship. etc. What the California Wrongful Death Statute of Limitations Does The California wrongful death statute of limitations is like a countdown that begins running on the date that the victim dies. The general rule (which is riddled with exceptions) is that the countdown is set at two years. In other words, you must file a wrongful death claim in the appropriate court within two years of the death of the victim. If you don’t, and if no exception applies, the court will permanently dismiss your lawsuit. Effect on Settlement Negotiations The defendant (or the insurance company) would just love for you to remain asleep at wheel until the statute of limitations deadline has passed. Once that happens, you cannot file a suit to enforce your claim. Once the threat of a lawsuit is gone, the defendant has no motivation or reason to settle your claim. You can expect the defendant to withdraw from settlement negotiations as soon as the statute of limitations deadline passes with no lawsuit filed. Exceptions Let’s take a look at some exceptions to the California two-year statute of limitations for filing a wrongful death claim. Medical Malpractice Claims Suppose your loved one died because the doctor negligently prescribed the wrong medication. In that case, the wrongful death statute of limitations would be three years after the victim’s death, or one year after the plaintiff reasonably should have discovered the negligent prescription, whichever comes first. The Discovery Rule The wrongful death statute of limitations countdown normally starts ticking on the day the victim dies. If the potential plaintiffs (relatives and financial dependents) do not learn of the cause of the victim’s death immediately, however, the countdown doesn’t begin until they actually learn the cause of death. Once the cause is ascertained, the clock begins to tick. Government Entity Defendant When a government entity such as a school district is the defendant, the statute of limitations is only six months after the victim’s death. The Plaintiff Is a Minor Who Lost a Parent When the plaintiff is a minor suing for the loss of a parent, the minor has until their 20th birthday to file a California wrongful death claim. Act Quickly—Don’t Let Your Claim Grow Stale Silva Injury Law consists of wrongful death lawyer Michael Joe Silva along with partners Cassidy Jensen and Tanner Combs. Together we have successfully represented many wrongful death claimants. Our record of winning at trial has a way of convincing defendants to settle out of court with our clients. If you are the close relative or a financial dependent of a loved one who died as a result of someone else’s misconduct, contact Silva Injury Law today. Telephone us at (209) 600-0874 or contact us online to schedule a free case evaluation.

Aug 28, 2021 | By Silva Injury Law, Inc. | Read Time: 3 minutes | Dog Bite

Dog Bite Law: California Punitive Damages

Although dogs are “man’s best friend,” dogs are just one small evolutionary step away from their wild counterparts: wolves. Wolves, of course, are apex predators in the wild. They can easily kill a human being. Because they are so closely related, dogs sometimes attack people. Dog attacks can happen for any number of reasons, including random attacks that appear out of nowhere. Dog attacks can cause severe injuries and leave lasting emotional scars. If someone’s dog bites and injures you, you should do five things: Seek immediate medical care including a rabies screening; Get information about the dog and its owner; File a police report regarding the attack; Inform your local health department of the attack so they can screen the animal for rabies; and Contact an attorney so you can recover any damages you suffered. It is important to keep in mind that before anything else, you should always seek any necessary emergency medical care. When you get in touch with an attorney after the attack, you should always ask whether punitive damages are possible. Punitive damages often follow different rules than other types of damages, so it is important that you and your lawyer discuss them specifically. What Are Punitive Damages? Punitive damages are a unique form of damages. Most other damage types are compensatory. Their intent is to compensate you, the injured party, for whatever you suffered. Compensatory damages don’t just include medical bills and lost wages. They also include non-economic damages like emotional pain and anguish. Punitive damages, on the other hand, are a form of non-compensatory damages. The intent behind them is to punish the offending party for acting in a particularly unsavory or dangerous way. In California, as in most other states, the requirements for claiming punitive damages are different from compensatory damages. Often, punitive damages require a claimant to show malice, intent, fraud, or some form of gross negligence on the part of the offending party. When Can I Make a Claim for Punitive Damages After a Dog Attack? In California, you can absolutely make a claim for punitive damages after suffering from a dog attack. To do so, you will need to show clear and convincing evidence of some form of intent, malice, or gross negligence on the part of the dog’s owner. For example, if the dog’s owner orders the attack, you can claim punitive damages. The same applies if the owner does nothing to prevent the attack, if the dog has bitten others in the past, or if the dog has shown repeated signs of overt aggression in the past. If any of those apply to your case, you should include punitive damages in your claim. Does California Law Limit Punitive Damages? California law does not specifically cap punitive damages, but the amount of punitive damages you can claim is not without limits. Generally, California law limits punitive damages in a given case by saying that they must have a reasonable relationship to the other damages in the case. Thus, if you claim a combined $15,000 worth of compensatory damages, a court will not award you $1 million. Instead, the amount of punitive damages in such a case probably would not exceed $150,000. This 10 to 1 ratio is not steadfast, but you should always take it into account. If You Were Bit by a Dog If a dog bit you in California, call our lawyers today at Silva Injury Law, Inc. We will closely review your case with you to see what sort of damages are applicable. We will always address punitive damages specifically. If your dog attack case meets the standards to include punitive damages, we will include them in your claim. At Silva Injury Law, Inc., we want our clients to feel like family. By ensuring our clients are treated with respect and compassion, we deliver better results. That’s because our clients know they can contact us at any time no matter what question they have. We work throughout the state of California, so no matter where you are in the state, you can give us a call. Get in touch with us today for a consultation on your California dog attack case.

Aug 21, 2021 | By Silva Injury Law, Inc. | Read Time: 3 minutes | Wrongful Death

How Much to Expect from a Wrongful Death Settlement in California

Losing someone you love is devastating, especially when another party’s negligence caused their death. Eligible surviving family members may be able to file a wrongful death lawsuit against the at-fault parties. While no amount of money will bring your family member back, it can help with the unexpected financial burden you are facing. Understandably, family members want to know what the potential settlement amount is. However, there is no average number that applies in these cases. Every case is valued independently. To learn what your case is worth, speak with a California wrongful death attorney. What Is a Wrongful Death Claim in California? In California, wrongful death lawsuits fall under personal injury claims. This law allows a deceased victim’s family the legal right to pursue compensation for their own losses. It is not a claim designed to recover financial compensation that the deceased was entitled to receive. That would fall under a companion claim known as a survival action. Every family’s loss is different, which is why it’s impossible to state an average figure for a wrongful death lawsuit. One case might resolve for $10,000, while another wrongful death lawsuit resolves for $1,000,000. At Silva Injury Law, Inc., our California wrongful death legal team will sit down with you and discuss the damages your family is entitled to receive. Available Damages in a California Wrongful Death Case Available damages in a wrongful death lawsuit are different from those in a regular personal injury lawsuit. Potential damages in a wrongful death lawsuit include: Burial and funeral expenses; Loss of consortium; Financial support the deceased would have contributed to your family had they not passed away; Loss of companionship; Value of household services that the deceased victim would’ve provided; and Loss of moral support. In a survival action, the estate would be looking to recover costs for medical expenses, property damage, and more. Note: California law doesn’t allow you to pursue compensation for a victim’s pain and suffering in either a wrongful death lawsuit or a survival action. Factors that Influence a Wrongful Death Settlement in California When determining the value of your wrongful death claim, we look at a wide variety of factors that can impact your case value. Unlike some other states, California doesn’t have a damages cap, which means there is no ceiling on how much a jury could award in your wrongful death lawsuit. Some of the most common factors that can impact your case value include: The victim’s age; How many minor children the deceased had at the time of death; The age of the minor children; The percentage of financial support the spouse relies on the victim for; The circumstances surrounding the accident; and Whether the deceased was actively involved in their community. These elements can also decrease a family’s potential settlement. Consider a case where someone files a wrongful death lawsuit for the death of a much older family member who had no surviving spouse or children and was nearly 50% at fault for the accident. That case would be worth less than one where the victim left behind a surviving spouse and multiple young children and had no responsibility for the accident. Contact a California Wrongful Death Lawyer If someone else’s negligence resulted in a family member’s death, you could be eligible to file a wrongful death lawsuit in California. Don’t attempt to handle the claim on your own. These can become complicated matters to resolve. Instead, let the skilled legal team at Silva Injury Law, Inc. assist you. We have years of experience with all types of personal injury claims, including wrongful death lawsuits. We understand the nuances of these legal matters and will fight to get you the maximum compensation possible. To learn more about how we can help, contact our office today to schedule an initial consultation.

Aug 14, 2021 | By Silva Injury Law, Inc. | Read Time: 3 minutes | Dog Bite

Dog Bite Law in California

If you or your child sustained injuries in an animal attack in California, you could face a daunting, painful recovery. Many dog bites leave permanent scarring and even disability. Psychological trauma is also common, especially for young victims. Fortunately, California’s dog bite laws place liability for animal attack injuries on the shoulders of the owner. This means you could have the right to pursue legal action and recover compensation for your injuries. A California dog attack lawyer can help you get justice and the compensation you deserve. At Silva Injury Law, Inc. our attorneys help clients in Monterey, Modesto, and throughout California. Contact us now for help. The Risks and Dangers of Dog Bites in California State Farm Insurance previously reported that California leads the nation in the number of annual dog bites. In 2017 alone, State Farm paid out almost $19 million in claims to animal attack victims in California. According to the American Veterinary Medical Association, one in five bite victims requires medical treatment for their injuries. The Los Angeles Department of Public Health states that animal bites pose a significant threat to public health. These injuries can lead to severe viral and bacterial infections, emotional trauma, and even death. Mild injuries may consist of abrasions, punctures, and scratches. More severe injuries can involve crushed bones and worse, especially in children. No matter how careful you are, you cannot always protect yourself or your children from an unexpected animal attack. If you or a loved one is injured, however, you can pursue legal action against the animal’s owner. How California Dog Bite Law Affects Victims California dog bite law is clear on who has strict liability for any damages that result from an animal attack. The law reads, in part, as follows. “The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place…regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.” In some states, animal owners get a pass the first time a dog bites someone. This is known as the “one bite rule.” Fortunately, California law offers no such consideration. How the Dog Bite Laws in California Affect an Injury Claim If you suffer injuries from being bitten by a dog, you have the right to compensation—with few exceptions, i.e., you were trespassing on the owner’s property or otherwise breaking the law. If your injuries did not directly involve a bite (i.e., you crashed your bicycle trying to flee an attacking dog) you may have to prove negligence on the part of the dog’s owner. This might involve demonstrating how an owner failed to act reasonably to control the dog. A dog attack lawyer can assist you in this pursuit. After any type of animal attack or bite, contact an experienced injury attorney as quickly as possible. Do not speak to the insurance company or provide any statements until you talk to your lawyer. Otherwise, you could jeopardize your right to compensation. Talk to a California Dog Attack Attorney Today for Help The experienced California injury lawyers of Silva Injury Law, Inc. understand how devastating a bite injury can be. We offer compassionate, aggressive representation, and we fight to get you the justice you deserve. Even if you aren’t sure you have a valid claim, contact us. We provide a free consultation to help you explore your options. Please call us or contact us online now to schedule a no-cost consultation and case review or to speak with one of our CA dog attack attorneys for help.

Aug 7, 2021 | By Silva Injury Law, Inc. | Read Time: 3 minutes | Dog Bite

How to Report a Dog Bite in California

Dogs are humankind’s best friend, but they are still animals that can cause serious damage if not kept under control. Suffering from a dog attack is a very traumatizing experience. Aside from the physical pain and healing you have to go through, dog attacks can cost a lot of money. Even worse, once your physical injuries heal, you might still have psychological trauma that can last a lifetime. Dog attacks are fatal in some instances, so it is crucial to seek medical attention as soon as possible after suffering a bite. After seeking immediate medical treatment, one of the most important things that you should do after a dog attacks you is report the dog attack to the proper authorities. Why Is Reporting a Dog Attack so Important? Reporting dog attacks is very important because it helps the government hold dog owners accountable for their animals’ actions. Reporting dog attacks helps ensure that others don’t have to go through the same trauma you did. Thanks to people reporting bites, authorities can keep track of dangerous animals who show a pattern of aggression and protect public safety by dealing with them accordingly. Furthermore, if you plan to file a claim for damages against the dog’s owner, you will want to have an official record of the bite. To top things off, if you are bitten by a dog in California, you have a legal obligation to report the bite to the proper authorities. In this piece, we will discuss reporting dog attacks in California so you can do the right thing if a dog attacks you. Reporting a Dog Attack in California In California, you should report any dog attack to two different authorities. First, you should call the police after you are bitten by a dog. When you call the police, you should file a police report including the name of the dog’s owner, their contact information, any information you have about the dog, and a description of what happened. Ideally, you should include photographs of your injuries and a medical record of those injuries in your police report. Including any and all relevant information in your report will help ensure that you can recover compensation for all the damages you suffer as a result of the bite. Second, and equally important, you should notify your local health department of the dog attack. Both you, as the victim, and the owner of the dog have a legal obligation to report the bite to your local health department. If you aren’t sure what number to call, you can find a directory of all local California health departments here. Once you report the attack, the local health department will conduct its own investigation to verify what happened, evaluate the consequence of the attack, point you in the right direction to seek proper medical care, and impose any relevant consequences on the dog owner and their animal. At the very least, dog owners whose animals attack others are required to quarantine the animal for at least 10 days to ensure the animal is not rabid. Get the Justice You Deserve If someone else’s dog attacks you and you suffer injury, the dog’s owner must compensate you for any damages you suffer. The best way to make sure that you recover all the damages you suffer is to retain the services of a personal injury attorney with specific experience with dog attacks. Our team of attorneys at Silva Injury Law, Inc. has considerable experience helping clients recover from dog attacks. Not only will we help you recover the damages you are owed, we will connect you with the right medical providers, including mental health professionals, so that you can fully recover from your injuries. Our founding attorney, Michael Joe Silva, has the experience necessary to help you with all stages of your case. Michael Joe has sat on both sides of civil litigation and has served as a district attorney, so he has an extensive base of courtroom knowledge to draw upon. Our primary goal is compassionate advocacy. We want you to know that we are always here to help our clients, no matter what you need. Let us help you recover from the vicious attack you suffered; contact us today for a free consultation.

Jul 28, 2021 | By Silva Injury Law, Inc. | Read Time: 2 minutes | Dog Bite

Dog Bite Statute of Limitations in California

If you’ve suffered injuries after a dog attack, you have the right to seek compensation. However, you will not have forever to file your claim. After a dog attack, be sure to consult with a California dog attack attorney right away. Silva Injury Law, Inc. is ready to help you. What Is a Statute of Limitations? A statute of limitations is a law restricting the amount of time a person has to file a lawsuit. The length of time provided by the statute of limitations will depend on the type of case and jurisdiction in which you wish to file your claim. Statutes of limitations typically range from two to four years. The Statute of Limitations for Dog Attack Cases in California In California, the statute of limitations for dog attack cases is two years. Therefore, you have two years from the date of the incident to file your claim. However, if the victim is not aware of their injuries, the statute of limitations will not begin to run until the victim discovers or should have reasonably discovered their injuries. When Does Tolling Occur? When a statute of limitations is “tolled,” it is legally suspended for some valid reason. Tolling for dog attack cases typically occurs for one of the following reasons: The dog attack victim is under 18 at the time of the incident; The victim suffers from a mental incapacity; or The dog owner or party responsible for the dog has left the state. Once the situation has been resolved, the statute of limitations will begin running. For example, if the victim is a minor, the statute of limitations will begin running once they turn 18. What Happens If You Fail to File Before the Statute of Limitations Runs Out? Your best course of action includes filing your lawsuit well before the statute of limitations expires. This limits the risk of losing your opportunity to file your claim. If you fail to file your claim within the specified time, you will forfeit your right to seek compensation. While you are still allowed to file your lawsuit, a judge will more than likely throw out your case. Don’t give up your chance to get financial recovery for your dog attack injuries. Consult with a California dog attack lawyer right away to begin working on your case as soon as possible. Let a California Dog Attack Attorney Help You The best way to ensure you get your fair shot at financial compensation for your injuries is to contact a dog attack lawyer to discuss your case. Your legal practitioner will work with you every step of the way, providing fierce legal representation in an effort to reach a fair settlement. Silva Injury Law, Inc. is ready to help you fight for the recovery you need and deserve. Our firm takes on even the most challenging cases, working diligently to get the fairest possible outcome. We’re proud to serve multiple California communities and protect the rights of injured parties. Contact us today, and let’s discuss your case.

Jul 21, 2021 | By Silva Injury Law, Inc. | Read Time: 2 minutes | Dog Bite

Dog Bite Settlement Amounts in California

After a dog attack, you may be entitled to compensation. However, you might be unfamiliar with settlements and how they work in dog attack cases. Silva Injury Law, Inc. is here to answer any questions you may have and help you fight for a fair settlement in your case. What Is a Settlement in a Lawsuit? In a lawsuit, your case may not have to go all the way to court to reach a resolution. Many times, your case may settle and you will receive an agreed-upon amount of compensation. A settlement is reached when both parties negotiate and come to an agreement. Your dog attack attorney will work diligently to try to reach the fairest possible settlement. If both sides cannot agree, your case may need to go to trial. If that is the case, your lawyer will continue to represent you until the very end, in hopes of a fair resolution. Compensation for Dog Attack Cases Damages after a dog attack serve to compensate victims after suffering injuries and incurring expenses. Depending on the circumstances of your case, damages may include: Medical expenses, Lost wages, Lost earning potential, Pain and suffering, Mental and emotional anguish, and Disfigurement. Your dog attack lawyer will gather the relevant documentation and evidence to determine how much you are entitled to. You can expect your lawyer to fight for your rights to just compensation. Is There an Average Dog Attack Settlement? No two dog attacks are the same, and every case is unique. Therefore, there is no “average” settlement for dog attack cases. The value of your case will depend on certain factors, the greatest one being your injuries and medical expenses. Typically, the more severe your injuries, the higher the medical bills, and the more compensation you may be entitled to recover. How to Determine the Value of a Dog Attack Case Many factors play a role in determining how much your dog attack case is worth. Some of the most common factors that could affect dog attack settlements include: The age of the victim; The severity of the injuries; The amount of expenses incurred; Permanent disabilities or disfigurement; and Long-term effects of the incident. Your dog attack attorney will carefully examine the details of your case to assign a value to your case. They will determine the exact amount of damages that is fair for your particular situation. Do You Need to Prove Anything in a Dog AttackCase? California Civil Code Section 3342 imposes strict liability for dog attack cases. This means victims of dog attacks do not have to prove negligence to seek compensation. The only thing you must show is that the dog attacked you, either in a public location or while you were lawfully on someone’s property, regardless of the dog’s viciousness or the owner’s knowledge of such viciousness. Let a California Dog Attack Attorney Help You Silva Injury Law, Inc. has had the privilege of representing countless injured victims in California. We understand the frustrations and financial stresses that a dog attack can bring, and we’re ready to help you get on the road to recovery. Contact our firm today to begin working on your case.

Jul 14, 2021 | By Silva Injury Law, Inc. | Read Time: 3 minutes | Personal Injury

What to Expect During Your Free Personal Injury Consultation

If you suffered severe injuries in an accident that you didn’t cause, you need help to get the justice and compensation you deserve. Talking to an injury lawyer as soon as possible will help get you moving toward those goals. Most California injury lawyers offer free consultations. If you know what to expect when you arrive for your meeting, you can be prepared to get the answers and information you need to take the next step. When you consult with Silva Injury Law, Inc.—either in person or virtually—you will have the benefit of our extensive knowledge and experience focused on your case. Our skills and dedication help us get the best possible outcome for our clients. Here’s what you can expect from your free personal injury consultation at Silva Injury Law, Inc. Beginning Your Free Personal Injury Case Evaluation We start by sitting down with you and simply listening. We will ask you to provide a detailed account of your accident, as well as any other relevant information or details that could be important. It’s a good idea for you to bring along any documentation that you have, such as a police or accident report, photos of the accident scene, medical treatment records, estimates for repairing your vehicle, etc. If you don’t have all this information, don’t worry. We can handle getting copies of anything you don’t have available. Personal Injury Case Analysis The next stage of your free injury consultation involves us asking questions and delving deeper into the details. We will ask about whether you have spoken to the insurance company or provided them with a statement (we strongly advise against speaking to any insurance company, even your own, until after your free personal injury consultation). We will discuss any other conversations you might have had with the other involved parties, witnesses, etc. We will then review any documentation you have and clarify any outstanding issues or questions we might have. Based on the details as we have them, we will provide an initial estimation of what the value of your case might be. We will also provide a rough estimate of how long we believe it will take to resolve your case. Typically, we can resolve injury cases through an insurance settlement. This is the shortest, least costly approach, and it gets you the financial resources you need as quickly as possible. In some cases, we may recommend filing a lawsuit. However, we typically consider that only as a last resort, if the insurance company will not settle. Of course, with the many variables and factors that can affect a legal claim, we can only give you our professional opinion regarding potential outcomes. However, if we believe you have a viable case, you can rest assured that we will fight to get you every dollar possible. Making Your Decision Regarding Injury Attorney Representation At Silva Injury Law, Inc., we provide free injury accident consultations without pressure or obligation. We understand the importance of the decisions you face, and we want to ensure that you get the legal representation that best suits your needs. Whether or not we believe you have a strong case, we will be forthright and honest with you about the potential outcome. We accept cases on a contingency fee basis. We advance all costs to investigate and document your case and handle every aspect of the legal process. You won’t have to pay us any legal fees whatsoever unless we recover compensation on your behalf. During your consultation, we will also go over our fee structure with you, so you know exactly what to expect once we obtain a settlement or award. You can let us know your decision about whether to move forward at that time or follow up with us later. We want you to feel comfortable with us and confident that you’ve made the right choice for yourself and your future. How to Schedule Your Free Personal Injury Consultation To schedule your no-cost injury accident consultation with Silva Injury Law, Inc., you can call our attorneys at 209-600-7768, text us at 209-600-4389, or email us. You can also use the online contact form on our website. We look forward to assisting you and helping you get the results you deserve for your injury case.

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