Lancaster Personal Injury Lawyer

Lancaster Personal Injury Attorney

Personal injuries can occur suddenly, whether it is tripping over a broken sidewalk or a car accident at a busy intersection. For some individuals, those minor trips or collisions won’t lead to hospitalizations or long-term injuries. When negligence leads to serious bodily harm, your Lancaster personal injury lawyer can fight to hold the negligent party accountable for their actions.

A successful lawsuit can lead to monetary awards that allow you to recover and access the treatment that you deserve. Duque & Price has many years of experience helping clients reclaim lost wages and more through strategic litigation.

Lancaster Personal Injury Statistics

Pedestrian collisions in Lancaster, California, are most concentrated in busy thoroughfares like West Avenue I, Avenue J, Avenue K, and 10th Street West. Collisions involving pedestrians and vehicles were most likely to occur between 6 p.m. and midnight. Bicycle collisions are most likely to occur during periods of heavy traffic. Collisions involving bicycles and vehicles were most likely to occur in busy traffic areas that include Avenue J, Avenue K, 10th Street West, and Sierra Highway.

Based on the city report, sidewalks along 10th Street West and West Jackman Street are difficult to navigate, especially for users of wheelchairs. Rock and brick sidewalks along West Lancaster Boulevard and missing sidewalks along West Jackman Street led to several students being injured while walking to school.

Assault rates in Lancaster are 6.08 per 1,000, which is around three times the national average. Physically assaulting someone can result in criminal charges, but the victim also has the option of filing a civil lawsuit against the alleged assaulter by using a personal injury attorney.

Average Personal Injury Settlement Amounts in Lancaster

Personal injury settlements are determined by the type and severity of injury involved. The level of negligence or maliciousness can be another factor. A slip and fall injury that resulted in minor injuries can potentially lead to settlement offers of a few thousand dollars or more. One factor is the cost of medical bills associated with the case. A pedestrian or bicycle accident that results in bodily injury could lead to a settlement of more than $100,000.

Larger settlements are more commonly associated with wrongful death, traumatic brain injury, and medical malpractice. For wrongful death cases, the age of the victim and harm to the surviving family members are used to calculate settlement offers.

Someone who was younger and had high earning potential when they died might be valued more highly than someone who was less gainfully employed at the time of their death. Wrongful death cases can easily reach the hundreds of thousands of dollars or well into the millions.

Traumatic brain injury cases can also lead to high settlement amounts due to the severity of damage that can result from a blow to the head. Victims of traumatic brain injury can require years of treatment, and full recoveries are not always guaranteed.

For these reasons, a personal injury lawyer may propose a settlement offer in the hundreds of thousands of dollars or millions. With the facts on your side, your attorney can present a strong case that you deserve compensation sooner rather than later.

Does My Case Qualify for a Personal Injury Lawsuit?

Not every injury is grounds for civil litigation. One of the first steps any victim of an injury should take is to consult with a personal injury lawyer who can bring years of experience to determine whether you have a strong case or not.

A successful personal injury case must include the following elements. Your lawyer must find evidence that shows the defendant owed a duty of care. This means that it was either their job or expectation to take steps to prevent the injury. Evidence must show that the defendant failed to take proper steps to prevent the plaintiff’s injury. Lastly, your lawyer must demonstrate that the actions of the defendant have led to harm to the plaintiff.

While these points may appear straightforward, any misstep in court could lead to the case failing to meet the legal standards needed to move a case forward. This is one reason why plaintiffs rely on the legal services of a professional attorney when filing suits in civil court. Any missed filing deadline or wrongly worded court document could undermine your case.

Will My Case Go to Trial?

The vast majority of cases never go to trial. Trials are costly for both parties, and courts generally do not have the capacity to provide a jury trial for every litigant. Most cases are settled outside of court through a settlement offer. Both sides must agree to the settlement.

For defendants, paying a settlement is not always an admission of guilt. Individuals or businesses facing a lawsuit may opt to reduce their potential liability by offering an amount below what a jury could theoretically award.

Plaintiffs benefit from accepting a settlement because having a known payout is often better than the uncertainty that comes with a jury trial. Settlements allow the plaintiff to quickly repay medical bills and other expenses related to the injury.

In some cases, the defendant may not make an offer, or they may make an offer that is not suitable to the plaintiff. For these and other potential reasons, the case may go to trial. This usually extends the timeline of the case by several months or longer. When the evidence for your case is strong, a jury trial can offer the most effective means of winning optimal compensation for your injuries.

The decision to accept a settlement or go to trial is solely up to the client. Your personal injury attorney will provide legal counsel and perspective to help you make the right choice.

Common Cases that Require a Personal Injury Attorney

Personal injury cases are reserved for situations where negligence or misconduct by one or more parties led a victim to endure serious mental or physical harm. Without these legal options, injured parties would have no recourse for seeking relief following a serious injury. A successful personal injury case can help a victim recover by providing the financial resources for quality medical treatments.

When the defendant acted with extreme negligence or malice, a monetary award in favor of the plaintiff can help prevent further harmful acts by the defendant. Our law firm represents clients who come to us following car wrecks, falls, traumatic brain injury, construction accidents, and other causes of serious bodily injury.

Car Wrecks

Auto accidents involving large commercial vehicles can cause substantial bodily harm to drivers and passengers. Anyone who was struck by a tractor-trailer faces challenges recouping damages because trucking companies are often represented by powerful law firms. If you were hit by a commercial vehicle, do not accept a settlement offer without first speaking to a personal injury attorney. You may be entitled to far more damages than you are initially offered.

Falls

Falls are a common cause of injury in Lancaster. While some falls result from accidents, many are the result of negligence on the part of the property owner. A fall can result in serious bodily injury that can include traumatic brain injury. If you were injured as the result of a fall or slip, a consultation with a personal injury lawyer can help you understand if you are entitled to monetary damages.

Traumatic Brain Injury

One of the most serious forms of injury is traumatic brain injury, also known as TBI. Traumatic brain injury can result from a blow to the head, a sudden jolt to the body, or a fall. The symptoms of this type of injury can take days or even weeks to fully manifest, and victims of this type of injury typically accumulate high medical bills.

TBI cases often result in large settlements or monetary awards. For this reason, traumatic brain injury cases are complicated and require the skills of a veteran personal injury law firm that has the resources to understand brain injuries.

Construction Accidents

Following a workplace accident, worker’s compensation may not fully cover expenses related to the injury. In other cases, a third party may be responsible for causing the injury. There are many cases where a workplace or construction accident requires legal representation so the victims of those injuries can get the compensation they deserve.

What Might the Defendant Argue?

Even the strongest cases are never indefensible. Opposing counsel may argue that the accident wasn’t their fault. In a dog bite case, for example, the defendant may claim that the gate was faulty, which allowed the pet to escape and injure the plaintiff. The defendant’s attorney may argue that the plaintiff hasn’t presented sufficient evidence to prove their case.

The legal standard is a preponderance of evidence, meaning that it is more likely that the plaintiff is right than wrong. This is one reason why your personal injury lawyer will work to gather ample evidence and testimony to show that the defendant was at fault for the incident.

The defense may even turn the accusation around to argue that you did something wrong and possibly caused your own accident. Or opposing counsel may argue that you were not actually injured. Ultimately, the courts will determine whether the defense’s arguments are valid. Any arguments not based on evidence may be disallowed in court.

When there are hundreds of thousands of dollars at stake, you can bet that the defendant will make legal arguments in an attempt to undermine your case. This is where the experience of a personal injury attorney comes in.

FAQs

Q: How Is Compensation Worked Out?

A: Compensation is often worked out between both parties through a settlement. If the case goes to trial, a jury will determine the compensation amount. Factors that determine compensation include the type and extent of injury, how much time is lost from work, and other factors. Working with an experienced attorney can ensure that the compensation is calculated based on similar past cases.

Q: How Do You Handle a Personal Injury Claim?

A: You handle a personal injury claim by finding an experienced personal injury law firm that has handled cases similar to yours. The attorney will file the necessary paperwork on your behalf to ensure that no deadlines are missed. As the case moves forward, your attorney will keep you informed about new evidence, settlement offers, and other aspects of your case.

Q: How Long Does It Take to Settle a Personal Injury Case in California?

A: Most civil lawsuits take at least several months to resolve. It is not uncommon for a personal injury case to last years, especially when the plaintiff is seeking significant monetary damages. While time is one consideration, waiting for the right conditions for an optimal settlement is often worth the extra time.

Q: What Is the Average Bodily Injury Claim in California?

A: The average bodily injury claim in California ranges from ten thousand dollars to over a hundred thousand. The extent of the bodily injury will determine the size of the claim. An injury that results in bodily disfigurement, for example, is considered more egregious than an injury that causes a broken bone.

Q: Are There Guaranteed Outcomes When Filing Lawsuits?

A: There are no guaranteed outcomes in the legal system. Having the facts on your side and an experienced attorney can greatly increase the chances that your case will be resolved favorably. Even when a plaintiff has the facts on their side, a poor legal strategy could lead to unsatisfactory outcomes. Failure to meet deadlines can lead to a case being thrown out on procedural grounds.

Schedule Your Personal Injury Consultation Today

If your life has been turned upside down due to the recklessness of another individual, you deserve compensation for your missed work, out-of-pocket expenses, and pain. Working with a qualified personal injury attorney can greatly improve your chances of a favorable outcome in court. The attorneys at Duque & Price have experience litigating a wide range of personal injury outcomes. We fight on your behalf so you can recover and receive the compensation you are entitled to.

Take the first step today by scheduling your consultation. We look forward to serving you and holding the negligent party accountable for their actions.