Maison Law Accident & Injury Lawyers of Fremont represents victims injured in the Quarry Lakes Regional Recreation Area. This Fremont regional park features many outdoor and water-related activities, such as swimming, boating, and archery, to name a few. But with so many activities available to the public, injuries can occur when someone is careless.
That’s why our law firm offers legal support to injured victims to ensure they are compensated for their medical bills, missed time at work, and pain and suffering. To see what legal options are available for your situation, contact Maison Law Accident & Injury Lawyers of Fremont for a no-cost, no-obligation consultation.
Do I Need a Lawyer For A Quarry Lakes Regional Recreation Area Injury?
Quarry Lakes is a 462-acre destination known for providing citizens and visitors of Alameda County with nature-oriented activities like hiking, swimming, boating, archery, camping, and windsurfing. As you can see, the Quarry Lakes is an ideal spot for spending the day outside, but with so many recreational resources comes the risk of injury. For example, the premises can become unsafe if proper safety procedures are ignored, or another park visitor could act recklessly, resulting in someone suffering life-altering injuries. So, a common question you may find yourself asking if you suffer an injury due to someone else’s carelessness is: “Do I need a lawyer?”
It is advisable to consult with a Personal Injury Lawyer at Maison Law Accident & Injury Lawyers of Fremont if you suffer an injury at the Quarry Lakes. However, you most likely won’t need an attorney if:
- The accident is considered minor with no apparent damage
- Your injuries are minor scrapes or small bruises
- The other party admits fault and pays for damages
If you’ve sustained verifiable injuries from the accident, our attorneys can file a lawsuit on your behalf. Verifiable injuries are injuries proven through medical records, police reports, or photographs. Once a lawsuit is filed, our law firm will:
- Manage the legal side of your accident by speaking with insurance adjusters on your behalf
- Put you in touch with the proper medical professionals to treat your injuries
- Investigate the accident and gather concrete evidence such as traffic footage and eyewitness statements to back up your claim
- Assign fault to all liable parties in the accident
- Negotiate a fair settlement
- Represent you in court if a settlement cannot be reached
What to Do After Being Injured in an Accident
Whether you were injured in a boating accident, car accident, a slip-and-fall, or a dog bite incident at the Quarry Lakes, injuries can be life-altering. And once you suffer an injury, we understand it can be tough to think straight and know what you’re supposed to do next. We’ve listed the following steps to not only protect your right to compensation after an injury, but to begin building a strong case:
- Seek medical attention immediately: Even if your injuries seem minor, they can manifest into something much worse weeks later. So, it is recommended to check in with a doctor to make sure everything is okay.
- Call the Police or Management: Failing to alert the police, or a park manager, does not help your case, especially if the accident comes down to your word over the person liable for causing the accident. A police officer, or the park management will file an accident report and may even assign blame based on their assessment. An accident report is critical evidence in any claim and will play a key role in ensuring you are fully compensated.
- Gather Evidence: You should document the accident as thoroughly as possible. Take pictures of your injuries, the accident scene, and any landmarks where the incident took place. Take a video of yourself recounting the accident while it is still fresh in your mind. And if there are any eyewitnesses, be sure to get their names and numbers as they can testify on your behalf or provide a statement to corroborate your story.
- Collect Information: Exchange insurance information with the liable party, and be sure to get their name, phone number, and contact information.
- Contact Maison Law Accident & Injury Lawyers of Fremont: Our firm is standing by to help accident victims physically and financially recover quickly. Call, text, or email. Our door is always open, and we’d love to help you through this difficult time.
The Importance of Medical Evidence in an Accident Claim
Your medical records will provide crucial evidence as to the extent of your injuries, the treatment required, and the overall impact your injury has had on your life. For this reason, it is important to seek medical treatment immediately after an accident, even if you do not believe you were injured. The positive impact of medical evidence in your personal injury case can be lessened if you delay medical treatment. A delay in medical treatment will give the insurance company reason to believe your injuries were not that serious and your life was minimally impacted by any pain you were experiencing.
Medical evidence plays an important role in personal injury claims by:
- Showing evidence of real injuries: medical evidence such as an MRI, X-ray, or doctor’s diagnosis will demonstrate you were injured as a result of an accident. This will make it hard for the insurance company to dispute or minimize your claim.
- Demonstrating Causation: medical evidence can prove fault by detailing the nature of your injury, the severity, and the timeline in which the injury occured. Medical evidence will make it easier for an insurance adjuster, a judge, or a jury to understand how much medical treatment and the extent of your pain and suffering after an injury.
- Calculating Damages: medical evidence can include bills from hospital stays, doctor’s visits, surgical procedures, and other treatments from medical specialists. Medical damages are a large part of your economic damages and can be calculated based on current and future treatment required by your personal injury.
- Establishing Continued Care: if your personal injury requires continued care, then your long-term care diagnosis will establish that your injury was severe and has done long-lasting damage to your life with the potential for permanent disability.
Suing the Government for a Personal Injury
Filing a lawsuit against a public park is not like filing a claim against a person or business because the Quarry Lakes Regional Recreation Park is a government entity. These claims can be more challenging because government entities are more protected than private citizens. However, it is not impossible to sue the government for compensation.
To file a claim against California state agencies or employees, you will need to go to the California Department of General Services, Office of Risk Management. This site allows for any person to file a government claim to receive compensation for damages caused by the state of California.
If the agency you are suing does not have a claim form, you still have options. Under these circumstances, you can draft your own wrongful death claim. Your written, injury claim must include the following:
- Your name and address
- Address where you’d like to receive notice
- Date, location, and circumstances surrounding the incident
- A general description of damages caused by the accident
- The name of the employee (if applicable) or agency that caused your injuries
- The dollar amount you are claiming
- If you are claiming more than $10,000 you must state if your lawsuit will be considered a limited case (less than $35,000) or an unlimited case (a demand for more than $35,000).
How Do Government Personal Injury Claims Differ From Typical Injury Claims in California?
In California, government entities have more protection than a private business or citizen. For example, you only have six months to file a lawsuit against the government, as opposed to two years with ordinary lawsuits. Government liability also differs because they are insured by the city, state, or federal government. In the case of the Quarry Lakes, the federal government is responsible for keeping the premises safe for visitors. So, if the government was responsible for your injuries, then you would need to file a lawsuit against the government. This is different than your typical lawsuit because government entities have “sovereign immunity.”
Sovereign immunity essentially means that a government entity is not liable for injuries caused by the government entity or its employees as they are fulfilling their duty. However, the California Tort Claims Act gives exceptions in which the government can be held liable for damages in cases of excessive carelessness (drunk driving, speeding, ignoring hazards, etc.), or corruption.
Depending on the circumstances, suing the government can be an incredibly challenging process. You will need to consult with a Tort Lawyer at Maison Law Accident & Injury Lawyers of Fremont to help you navigate this complex legal process.
What is the Average Settlement for a Personal Injury?
If you are not found at fault for your injuries, then you are entitled to whatever settlement amount you and the insurance company agree upon. It is important to note that insurance companies are looking out for their business, not your well-being. So, the best way to get a fair settlement amount is to partner with a personal injury attorney.
It is important to know that there is no average personal injury settlement amount, as the details of each incident vary on a case-by-case basis. For example, there are factors that can reduce your settlement amount, which we’ll cover in the next section. While the attorneys at Maison Law Accident & Injury Lawyers of Fremont can help you calculate what your case is worth, the following factors will play a large part in determining the value of your personal injury case:
- Severity of injuries: These can be broken down into 3 tiers, with Tier 3 being the most severe.
- Tier 1: Minor, non-surgical injuries such as strains, sprains, and contusions.
- Tier 2: Deep lacerations, broken or fractured bones that require surgical intervention
- Tier 3: Traumatic brain or spinal cord injuries, resulting in temporary or permanent function loss
- Insurance coverage: the extent of the at-fault party’s insurance policy. An insurance policy with minimum coverage typically results in a low settlement. However, there are other legal avenues to pursuing more compensation if necessary.
- Lost income: Total amount of lost wages, which were a direct result of the injuries sustained from the accident. This could cover missed time at work, your inability to continue working, or the cost of changing careers.
- Medical Expenses: Medical expenses incurred from your injuries and any future medical treatments you may expect to have.
- Pain and Suffering: Emotional stress, trauma, and anxiety caused by how much your life has changed since the accident.
Contact a Quarry Lakes Fremont Personal Injury Lawyer
If you or a loved one has suffered injuries while at the Quarry Lakes in Fremont, the Maison Law Accident & Injury Lawyers of Fremont can help you obtain the compensation you need to get your life back. We know how traumatic and overwhelming a sudden injury can be, but our team of Personal Injury Lawyers will be here to support you through every step of the legal process. So, regardless of whether your injuries were caused by a government entity or a private citizen, we can help.
Contact Maison Law Accident & Injury Lawyers of Fremont today for a free consultation and case evaluation. There is no upfront fee for our services, and we won’t charge you a dime until we’ve won your case.