Personal Injury Lawyer San Francisco

You will generally be claiming against the liability insurance of the liable driver. Your own insurance may cover you for Medical Payments or Uninsured Motorist. If the collision was due to the road, signals or public vehicle you may be claiming against an agency. Van Ness Avenue is part of US 101 so you may be claiming against the State due to any issues with the design or maintenance. Any claim must be made within 6 months to the Department of General Services. If the bus was Muni you will be claiming against the City and County. Knowing who you are claiming against will help you ensure you don't miss out on your 6 month deadline.

The main cause of collision is a subjective opinion. It is based on what the officer saw at the time of collision. It is not binding on any insurers, juries or judges. As California uses a Comparative Fault system, you will be able to claim reduced compensation depending on how much you were found at fault. We can look at the report and compare it to everything else. There may have been evidence missed by the officer, they may not have spoken to any witnesses. There may be an alternative view if there is CCTV from a local business or Muni camera. The speed of the driver and where the damage is on the car can impact this. We can compare the report to everything else.

You have 6 months from the date of injury to make a written claim against the City and County of San Francisco. This is the time limit set by the Government Code for personal injury claims against a public entity. As Muni is part of the City you must post/hand deliver the claim form to the Controller's Office Claims Division. This is located at 1390 Market Street 7th Floor. You cannot email or fax. The city may take up to 45 days to respond. If you are turned down in writing you will usually have 6 months from this date to file a lawsuit. If they do not turn you down you have 2 years from the date of incident to settle or file a lawsuit.

Most of our cases are handled over the phone, video call or email. We can sign your retainer documents electronically. If you are recovering from home or in hospital we can come to see you. We can also meet you at our offices. If your case goes to court it will be at the Civic Center Courthouse on McAllister Street. We just need some basic information from you. This includes photos, claim/report number, witness names and medical appointment details.

Under the California Venue Statute (Code of Civil Procedure Section 395) you can file a personal injury lawsuit in the county of injury or where the Defendant resides. This means if you were injured on Geary Boulevard or in the Mission District you can file a lawsuit in San Francisco Superior Court even if the driver lived in Alameda County. You can also file a lawsuit in Alameda County. Depending on the parties and evidence it may make more sense to file in a particular county. If you are claiming against a public entity there are different rules. When we draft your claim we will decide which county to file in. This will be one of the first things we discuss with San Francisco clients.

You can claim for your medical expenses, loss of earnings and other financial losses. However generally you will not be able to claim for pain and suffering as you don't have insurance. Under Civil Code Section 3333.4 (Added by Proposition 213), owners of uninsured vehicles or drivers who cannot show proof of financial responsibility generally cannot claim for non-economic damages after a motor vehicle collision. This does not apply if the driver who hit you was convicted of DUI for the collision. Passengers and pedestrians will not be affected by this rule. When you give us a call for the first time please let us know your insurance situation so we can fairly value your claim.

Possibly the company running the vehicle and possibly another driver. Every collision is different so it will depend on the circumstances. Having evidence will help. The California DMV state any manufacturer testing autonomous vehicles must report any collisions involving their vehicle that caused property damage, injury or death. They have published collision reports. These vehicles will have video and sensor data that normal cars don't. Ask the operator to keep this data in writing. Take photos of the scene and vehicle. Write down any contact details of passengers/witnesses. If there was a human operated car or rideshare driver involved you may need to notify their insurance.

Unfortunately we cannot help with workers compensation claims. However many work related Injuries In San Francisco happen on the road. If you were hit from behind by a delivery driver on Market Street, hit by a car while a courier or injured by a hazard owned by a property owner while a contractor you may be able to claim against a third party. This is a completely separate claim to workers compensation and covers losses you wouldn't be able to claim for through workers compensation, such as pain and suffering. This usually has a 2 year time limit (Code of Civil Procedure Section 335.1). If you are claiming against a public entity you have 6 months. We can help with the third party element of your claim. This information is general information and should not be taken as legal advice. By reading this page no attorney-client relationship is formed. Past success does not guarantee similar success.