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Assess Damages on a Personal Injury
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Hold Negligent Parties Accountable
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It is critical for people who have suffered serious injuries to pursue compensation to help offset the significant financial and emotional harm caused by their injuries. Examples of serious injuries include traumatic brain injuries, hemorrhages, spinal injuries, fractures, paralysis, nerve injuries, and amputations. Generally, a person who suffers serious injuries will seek compensation via an insurance claim or, if necessary, a civil lawsuit. After liability is proven, he or she may be awarded economic damages, such as the cost of medical treatment, including out-of-pocket costs, and lost wages. He or she may also be able to recover compensation for the suffering and pain attributable to the injuries.
Bicyclists are a common sight throughout the San Francisco area, engaging in a cost-effective and environmentally conscious means of transportation. Unfortunately, however, bicyclists often go unnoticed by people operating motor vehicles, who may change lanes, make a turn, or open a door in the path of a cyclist, causing an accident. Bicycle accidents can also be caused by defective roadways or an issue with the bike itself. Regardless of the cause, a bicyclist may be able to recover damages if it can be shown that another party is liable for the accident. Anyone injured in a bicycle accident should act promptly, since California law limits the time to file a claim.
Car accidents most often result from careless actions by drivers. Thus, in most cases arising out of car accidents, the plaintiff and their San Francisco personal injury attorney will allege that the defendant was negligent. In California, to prove liability based on a theory of negligence, a plaintiff must establish that the defendant owed the plaintiff a duty to exercise due care, that there was a breach of that duty, and that the accident was caused by the breach. In other words, the plaintiff must show that the accident would not have occurred if the defendant had not breached the duty. The plaintiff also needs to prove with evidence the damages caused by the accident.
When a pedestrian is struck by a vehicle, it often causes devastating injuries. Motorists who strike pedestrians should be held accountable with the assistance of a personal injury attorney in San Francisco for any harm that they cause. In many instances, the person who struck the pedestrian may attempt to avoid liability by arguing that the pedestrian somehow caused the accident by crossing the road improperly. Under California law, however, pedestrians have the right of way when they are in a crosswalk, regardless of whether the crosswalk is marked or unmarked. Furthermore, even a pedestrian who was partially at fault for causing an accident can still recover damages. The monetary damages will merely be reduced in proportion to any established fault.
Many people sustain injuries due to harmful conditions on property owned by another person or entity. For example, a person may slip and fall due to debris, food, or liquid on the ground, or due to a defective sidewalk or roadway. People may also suffer injuries due to falling objects that are not properly secured. When a person is injured on someone else’s property, the owner of the property may be held liable in a premises liability claim if the injury was caused by the property owner’s failure to exercise reasonable care in the maintenance of the property. Since a dangerous condition is often transient, the victim and their San Francisco personal injury lawyer must act swiftly to preserve evidence.
Medical professionals are expected to provide competent and thorough care, but sometimes they deviate from their duties, and their patients suffer harm as a result. If you were injured by inadequate medical care, you may be able to recover damages in a medical malpractice lawsuit. Generally, to prove that your care provider should be held liable, you must show that he or she had a duty to provide treatment that complied with the applicable standard of care, but that he or she departed from the standard, and the departure resulted in your harm. The applicable standard of care is the care that a professional in the same field, with the same training and skills, would have provided under similar circumstances.
Older and disabled individuals are among the most vulnerable members of society, and sadly, they are often abused by the people responsible for caring for them. California has enacted the California Elder Abuse and Dependent Adult Civil Protection Act to protect elderly people and dependent adults from abuse. Specifically, the Act requires that elderly and dependent individuals must be provided with basic care and medical treatment as needed, or it may constitute neglect. For example, residents in a nursing home must be provided with adequate food and hydration and must be groomed regularly. If a party violates the terms of the Act, a personal injury lawyer in San Francisco can help the victim or their loved one pursue damages.
Unfortunately, some accidents cause harm so significant that the injured person ultimately dies from their injuries. If you suffered the loss of a loved one due to someone else’s lack of care, you may be able to recover damages in a wrongful death lawsuit. In California, statutory law defines who may pursue a wrongful death claim and which damages are recoverable. Generally, however, a wrongful death claim is meant to compensate a person’s heirs for the losses caused by the person’s death, including pecuniary losses and the loss of companionship. If you are interested in pursuing a wrongful death claim, it is important to act promptly.
Your Fight IS Our Fight
Choosing the right attorney is your most important decision when facing the fight of your life. You need more than just a lawyer; you need a battle-tested ally with a proven record of success against powerful insurance companies and corporate defendants.
At The Zinn Law Firm, we have built our reputation on taking on tough cases and winning for our clients.
"We Care, We Commit, We Win" is not just a slogan.
Here is what it means to us:
- We Care: We understand that you are more than just a case file. You have a unique story, a family to support, and an unfairly impacted life. We take the time to listen, to understand the full extent of your suffering, and to provide the compassionate support you need. Our San Francisco personal injury attorneys stand by you in your time of need.
- We Commit: We are committed to shouldering the burden for you. From the moment you hire us, we handle all communications with the insurance companies, manage the paperwork, and build a powerful, evidence-based case on your behalf. We are not a settlement mill that takes the easy way out. We prepare every case as if it will go to trial, a strategy that gives our clients maximum leverage from day one.
- We Win: We have the experience and tenacity to take on the most aggressive insurance companies and the attorneys representing them. Our founding attorney, Carter Zinn, is a highly respected trial lawyer in the Bay Area, known for his dedication to his clients. Attorney Justin Powers brings an invaluable perspective from his previous work defending clients in complex litigation, giving him a deep understanding of how the other side operates. Our history of securing substantial settlements and verdicts speaks for itself and shows our unwavering commitment to achieving the best possible outcome.
We focus on cases involving serious, catastrophic injuries because we know what is at stake. We have offices in San Francisco and Mill Valley, and we will travel to you to discuss your case. Your fight is our fight.
Types of Personal Injury Cases We Handle in San Francisco
At The Zinn Law Firm, we have extensive experience representing clients across various serious injury cases. Our focused approach allows us to provide the highest level of skill and knowledge for clients who have suffered the most significant harm.
Our primary practice areas include:
- Bicycle Accidents: As our highest priority, we are passionate advocates for injured cyclists. San Francisco streets can be treacherous, and we fight to hold negligent drivers accountable for causing devastating bicycle crashes.
- Medical Malpractice: When doctors, nurses, or hospitals make preventable errors, the consequences can be tragic. We handle complex medical negligence cases, with a special focus on birth injuries and claims against Kaiser Permanente.
- Catastrophic Injury: These are life-altering injuries, such as traumatic brain injuries (TBI) and spinal cord damage, that result in permanent disability and require a lifetime of medical care.
- Pedestrian Accidents: People on foot are completely vulnerable to the impact of a motor vehicle. We fight for pedestrians who have been struck and seriously injured by careless drivers in crosswalks and on sidewalks.
- Rideshare Accidents: Accidents involving Uber and Lyft are common and involve complex insurance issues. We can pursue claims against all available policies to maximize your recovery.
- Truck Accidents: A collision with a large commercial truck often results in devastating injuries. We investigate these cases to hold negligent drivers and trucking companies responsible.
- Wrongful Death: When an accident results in the ultimate tragedy, we help grieving families pursue wrongful death claims to seek justice and financial stability after their profound loss.
- Premises Liability: Property owners must keep their premises safe. When they fail to do so, we hold them accountable for slip and fall accidents and other injuries caused by dangerous conditions.
What is a Personal Injury Claim in California?
Simply put, a personal injury claim is a legal case you can file when another person or entity's careless, reckless, or intentional actions have harmed you. The foundation of most personal injury cases is the legal concept of negligence.
To win your case, your personal injury attorney must prove four basic elements:
- Duty: The other party had a legal duty to act reasonably to avoid causing you harm. For example, drivers must obey traffic laws and pay attention to the road.
- Breach: The other party breached, or failed, in that duty. A driver who runs a stop sign or a doctor who fails to diagnose a serious condition has breached their duty of care.
- Causation: The other party’s breach directly caused your injuries. You must show a clear link between their action and your harm.
- Damages: You suffered actual or "damages" due to the injury. This includes measurable losses like medical bills, lost earnings, and intangible harm like pain and suffering.
When these four elements are present, you can seek financial compensation from the at-fault party to cover all your losses.
We serve clients throughout California
Including those in the following localities: San Francisco; Alameda County including Berkeley, Fremont, Hayward, and Oakland; Contra Costa County including Concord; Marin County including Mill Valley and San Rafael; Sacramento County including Sacramento; Santa Clara County including San Jose and Sunnyvale; and Sonoma County including Santa Rosa.
Understanding the Full Value of Your San Francisco Injury Claim
One of the most important roles of a personal injury lawyer is to determine the full, true value of your claim. Insurance companies will try to convince you that your claim is only worth the sum of your current medical bills. This is false. A serious injury has a ripple effect across your entire life, and you deserve compensation for all of it.
We fight for two main types of damages:
- Economic Damages: These are the measurable financial losses you have incurred, such as medical expenses (past and future), lost income, reduced earning capacity, and property damage.
- Non-Economic Damages: These are the intangible losses that do not have a specific price tag but are just as real. They include physical pain, emotional suffering, mental anguish, loss of enjoyment of life, and disfigurement.
At The Zinn Law Firm, we use our deep knowledge of California law to maximize your recovery. For example, a strategic legal tool allows us to make a formal settlement offer to the other side. If they refuse to accept our reasonable offer and you later win a larger amount at trial, the law allows you to collect significant interest on your damages award. This pressures insurance companies to treat your claim fairly from the beginning.
After we resolve your case, we take steps to protect your recovery. California Code of Civil Procedure § 704.140 helps shield personal injury settlement and verdict funds from most creditors, ensuring the compensation you need for future care remains available to you.
In some cases, we may even pursue claims against parties you wouldn't expect. For example, if an unlicensed contractor's work caused your injury, California law may allow you to pursue additional damages, providing another avenue for compensation.
We use every available legal strategy to position your case for a successful outcome. For example, under California Code of Civil Procedure § 998, we can present the defendant with a formal settlement offer. If they reject this reasonable offer and you later secure a more favorable judgment at trial, the defendant may be ordered to pay significant pre-judgment interest and your expert witness costs. This creates a powerful financial incentive for the defense to negotiate fairly.
The Legal Process for a Personal Injury Case in SF
The legal system can seem intimidating, but our job is to guide you through it every step of the way. While every case is unique, a typical personal injury claim follows these general steps:
- Free Consultation: You meet with us to discuss your case at no cost. We listen to your story and evaluate your legal options.
- Investigation: We launch a thorough investigation into your accident. We gather police reports, medical records, witness statements, and other evidence to build a strong foundation for your case.
- Filing a Claim: We notify all at-fault parties and their insurance companies that you are pursuing a claim for damages.
- Negotiation: We can often negotiate a fair settlement with the insurance company without going to court. Our reputation as trial lawyers means they take our demands seriously.
- Filing a Lawsuit: If the insurance company refuses to offer a fair settlement, we will file a personal injury lawsuit on your behalf. California law requires you to file your case in the proper court location—usually the county where the injury happened or where the defendant lives.
- Trial: Although most cases settle, we always stand ready to take your case to trial and fight for the justice you deserve before a judge and jury.
Fighting Insurance Companies for Fair Compensation
Insurance companies are not your friends. They are multi-billion-dollar businesses focused on paying as little as possible on claims. Their adjusters use tactics to devalue your case and pressure you into accepting less than you deserve. They may try to:
- Rush you into a quick settlement before you know the full extent of your injuries.
- Record your statement and twist your words to use against you later.
- Request access to your medical history to look for pre-existing conditions to blame.
- Dispute the severity of your injuries or the necessity of your medical treatment.
- Unfairly blame you for the accident to reduce the amount they must pay.
Disputes over insurance coverage can be incredibly difficult, and you need a lawyer who understands how to interpret complex policy language and fight back. In some cases, we may even pursue claims against parties you wouldn't expect.
For instance, if you suffered an injury from someone providing a service without proper licensing, California law allows for increased damages against the unlicensed individual, providing another path to compensation. We have the experience and tenacity to counter every tactic the insurance companies use and to hold them to their legal obligations.
Featured Cases & Investigations
Kaiser Foundation Hospitals & The Permanente Medical Group Civil Complaint
On Friday, February 14, 2025, the Zinn Law Firm filed a civil complaint against Kaiser Foundation Hospitals and the Permanente Medical Group in Alameda County Superior Court on behalf of a Kaiser patient and Bay Area resident, Michael Bean.
The lawsuit details a shocking and horrible incident of sexual abuse committed by a male Kaiser medical assistant against Mr. Bean that occurred when he was lying awake and still during a facial melanoma removal Surgery. Despite Mr. Bean submitting a full report of the incident to Kaiser, and with our office also trying to inquire about it when Mr. Bean did not receive any response.
Read MoreWere you a victim of sexual assault at a Kaiser Foundation Hospital?
Our attorneys are ready to help.
Frequently Asked Questions About San Francisco Injury Claims (FAQ)
How much does a personal injury lawyer cost?
At The Zinn Law Firm, we work on a contingency fee basis. This means there are no upfront costs, and you pay us absolutely nothing unless we win your case. Our fee is a percentage of the compensation we recover for you.
What is the deadline for filing a claim in California?
The deadline, known as the statute of limitations, is critical. For most personal injury claims in California, you have two years from the date of the injury to file a lawsuit. If you miss this deadline, you will likely lose your right to seek compensation forever. You must contact a personal injury attorney as soon as possible.
How long will my personal injury case take?
The timeline for a personal injury case can vary greatly depending on the specifics of the accident, the severity of your injuries, and whether the case settles or goes to trial. We focus on achieving the best possible result, not the fastest one.
What happens if I am partially at fault for my accident in California?
California follows a pure comparative negligence rule. This means you may still recover damages even if you were partially responsible for the accident. The court will determine your percentage of fault and reduce your final compensation award by that amount.
Do I have to go to court to get compensation?
Most personal injury cases resolve through a negotiated settlement without ever going to trial.
Insurance companies and defendants are often motivated to settle to avoid the time, expense, and uncertainty of a trial. However, we prepare every case as if it will go to court to ensure we negotiate from a position of strength.
What evidence helps my personal injury claim?
Strong evidence includes the official police or incident report, photos and videos of the accident scene and your injuries, contact information for any witnesses, and all medical records and bills related to your treatment.
Preserve any physical evidence, such as damaged clothing or property.
Should I talk to the other party's insurance adjuster?
Never give a recorded statement to the other party's insurance adjuster without first speaking to an attorney. Adjusters are trained to ask questions in a way that may lead you to unintentionally hurt your claim.
You can politely decline to speak with them and refer them to your lawyer. Your attorney will handle all communications on your behalf to protect your rights.
Contact a San Francisco Personal Injury Lawyer Today
You do not have to let a serious injury derail your life. You have the right to seek justice, and you do not have to face this fight alone. The Zinn Law Firm is here to be your advocate, champion, and guide through the legal process. We will handle every detail of your case so you can focus on what is most important: your health and your family.
We offer a Free Consultation to discuss your case, answer your questions, and explain your rights. We will listen to your story with compassion and give you an honest assessment of your claim. We work on a contingency fee basis, so you have no financial risk.
Let us stand by your side. Contact us today at (415) 292-4100 or fill out our online contact form to get started. Let us fight for you.
We serve clients throughout California
Including those in the following localities: San Francisco; Alameda County including Berkeley, Fremont, Hayward, and Oakland; Contra Costa County including Concord; Marin County including Mill Valley and San Rafael; Sacramento County including Sacramento; Santa Clara County including San Jose and Sunnyvale; and Sonoma County including Santa Rosa.
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