Experiencing an accident or injury, whether it’s a vehicle accident or a slip-and-fall injury, or suffering harm or losses due to someone else’s actions can be devastating. In addition to the financial costs associated with suffering an injury, the incident can have a significant impact on your overall quality of life. It is important to speak with a Los Angeles County Personal Injury Lawyer to discover how you may be entitled to recover damages for your injury and loss.
As a victim of someone else’s negligence, you are legally entitled to recover compensation through a personal injury claim. Unfortunately, personal injury cases can be challenging, as various legal complexities and opposition by the defense can conspire to reduce the recovery amount for which you are rightfully due. The right personal injury attorney can ensure that you receive the maximum compensation available in your case by representing you throughout the process.
With thousands of personal injury cases having been fought and won, Duque & Price prides itself on helping accident victims in Los Angeles County, California. Our dynamic personal injury attorneys know how to investigate and litigate any type of personal injury lawsuit and we know how to win. We have offices located all across Southern California.
We have helped numerous injured accident victims battle against insurance companies, so that they can obtain the compensation that they deserve. As you can imagine, the insurance companies are not always pleased to pay out claims to accident victims, especially when an accident victim has been seriously injured and the damages begin to reach large numbers. You have the right to seek fair compensation for the damages you have incurred as the result of another person’s negligence or carelessness.
These damages can include medical expenses, pain and suffering, time off of work, and damages for your family members. At Duque & Price, we aggressively take on all types of personal injury cases, including car accidents, motorcycle accidents, bicycle accidents, construction accidents, tractor trailer accidents, workplace injuries, and wrongful death cases. Your initial consultation is absolutely free and you do not pay any legal fees until we obtain a financial recovery for you.
A personal injury case represents a claim filed against an at-fault or liable party for harm suffered or injury inflicted as a direct result of the other person or entity’s action or inaction. Generally, this action or inaction is referred to as negligence, and the claim is a legal attempt to hold the party accountable through financial responsibility. Successful claims obligate the negligent party to pay damages covering the injured party’s losses and injuries.
A personal injury occurs when another party’s action, whether that party is an individual, business, entity, or government agency, directly causes you some type of harm, whether physical harm, financial harm, or some combination of the two. Personal injuries can result from a wide range of differing incidents, such as car accidents, medical malpractice, workplace accidents, defective products, or intentional acts of tort, such as assault, fraud, or discrimination.
If you are considering pursuing a personal injury claim against another party, it is important to understand a few basic concepts regarding personal injury law. The following represents the essential components of personal injury cases and how they may apply to your case:
Your personal injury attorney can explain these and other concepts and how they apply to your case. Lawyers provide legal guidance through each step of the claim process in addition to representation. Our team offers a free consultation, during which you can discuss the details of your case and potentially find out how much your case is worth.
If you believe you have suffered a personal injury for which you intend to seek damages, there are a few important steps to take:
Provided you and your attorney win your case, you will then collect the settlement. If you file against an insurance company, you can usually collect your settlement within 30 days of the verdict. In order to be successful, you will need to be able to prove the liability of the other party or parties. The first step in doing that is proving negligence.
Establishing fault in a personal injury case will most often revolve around proving negligence. Proving negligence requires evidence of the following four points:
If you and your attorney are able to establish these four points, then you can demonstrate the defendant’s liability in your personal injury case, meaning the at-fault party will be accountable for paying you appropriate damages for your injury or loss. However, you should be aware of the possibility of shared fault in your case.
California’s shared fault laws work on a pure comparative negligence standard. This means that a court may determine that fault is shared by more than one party. If you share fault in the incident, you are still entitled to receive compensation, but the settlement amount will be reduced in keeping with your portion of the fault.
This means that if a court awards you a gross amount of $60,000 for damages but deems you to be 20% at fault, then you will receive a net settlement amount of $48,000.
In some cases, this works for you. Because it is a pure comparative negligence standard, California law entitles you to pursue compensation even if you share most of the fault. In fact, victims who are found to be 98% at fault can still take legal action to recover the remaining 2% of their compensation.
In any case, it is vital that you work closely with a personal injury lawyer who is able to protect your final compensation amount by defending you against unfounded attempts to undermine your claim or shift liability by placing undue blame onto you. Insurance companies will especially attempt several different tactics in order to minimize their own liability in your case.
There are several different types of personal injury cases, and even within the same type of case, no two are exactly unique. The details of your case will be particular to you, and our attorneys understand how to personalize each case. When it comes to recovering compensation, there are certain types of damages that will generally be available to you in a personal injury case. They include:
General damages refer to the non-economic losses associated with the case that are more difficult to quantify. This includes the pain and suffering, emotional distress, loss of quality of life, and loss of consortium experienced as a result of the case. Despite it being more challenging to place a value on these losses, victims are just as entitled to compensation for these non-material losses.
It is challenging to completely ascertain exactly how much your case is worth, but your personal injury attorney will be able to provide you with a good idea during a free consultation. With comprehensive experience handling a wide range of cases, your lawyer can fight for what would be a fair and just recovery amount for your particular injury.
As medical bills, car repairs, missed income from being out of work, and other expenses start to mount, it can be tempting to take the initial settlement offered to you by the other party or their insurance company. Insurance agents particularly will count on this being the case so they can settle out of court as quickly as possible. However, these initial settlement offers rarely represent the full extent of your losses and tend to drastically undervalue your claim.
This is another reason why it is imperative that you begin working with a qualified and experienced personal injury attorney as soon as possible in your case. It will always be better for your attorney to initiate the terms of the proposed settlement before the insurance does, as that is the greatest opportunity to present the full extent of your injury and financial loss. It will be much more difficult to work an offer up than it will be to keep it from going down.
Insurance companies may attempt to minimize your claim by challenging the extent of your injury or underestimating the value of your losses. By having an attorney on your side who is unafraid to take a case to trial, the defense will be much more likely to negotiate terms that are more favorable to your outcome.
If you’ve been the victim of an accident, intentional tort, workplace injury, malpractice, or other personal injury, you must file a claim within the appropriate deadline in order for your case to remain valid. This is known as the statute of limitations. California has several statutes of limitations for filing personal injury claims in the state, depending on the type of case. Cases that are filed outside of these statutes of limitations may be automatically thrown out and dismissed in court.
For most personal injury claims, California has a two-year statute of limitations, beginning on the date of the injury. If the injury was not discovered until later, the victim has one year from the date that the injury could have been reasonably discovered or two years from the date the injury happened, whichever is longer.
Property damage claims have a three-year statute of limitations. In many cases, victims will file claims for both injury and property damage compensation, but the statute of limitations is longer for the latter. Some crimes, such as murder, have no statute of limitations at all. It is most effective to work with your attorney to ensure that you are pursuing a case within the legal time frame afforded to you by the applicable statute of limitations.
Finally, if your claim is against a government entity, such as a public transportation agency, city or other local municipality, or government agency, you must file a claim within six months of the incident. This statute of limitations represents a significantly shorter window, which is why it is further recommended that you work with an attorney as soon as possible so that you are able to properly pursue your claim against all responsible parties within the appropriate legal deadlines.
Most personal injury attorneys work on what is known as a contingency fee basis. This means they receive payment for their legal services by taking a percentage of the settlement award rather than directly from their client. This eliminates much of the barrier to entry for most individuals to receive highly qualified and skilled legal counsel.
It also provides the freedom to engage in every means necessary to secure a favorable outcome, as they will not be charging hourly for every particular task.
While the exact percentage your personal injury attorney will charge may vary based on several factors, such as experience, the type of claim, and the complexity of your particular case, most lawyers will charge around a 33% contingency fee, receiving roughly one-third of the final net settlement amount of your case. It is important to discuss fee structure and other costs at the start to ensure that you understand and agree on all services.
At Duque & Price, our team offers a free initial consultation to our prospective clients. This provides you with an opportunity to discuss the details of your case and find out what we believe your case may be worth. This obligation-free consultation is the most effective way to receive initial guidance and legal counsel on recommended next steps.
When you are involved in a car accident, you know that the weeks and months following can be overwhelming and difficult. A collision caused by a careless or distracted driver can result in you getting compensated for your medical bills, lost wages, pain and suffering and other expenses.
Pursuing a wrongful death action after losing a loved one can be very difficult, but it may be the only way to obtain justice for another person’s negligence. For many of our Los Angeles County clients, their ultimate goal is to hold responsible parties accountable for their negligence, wrongful actions, harmful inactions or recklessness.
At the law offices of Brent A. Duque, we are aware of the general negative attitude toward bikers. We also know that this stereotype is often unwarranted and unfair. As Los Angeles County motorcycle accident attorneys, we know that just because an accident victim was riding a motorcycle, he or she is not necessarily at fault.
A commercial truck or big rig easily weighs over 75,000 pounds, especially when full. These trucks, by their sheer weight and size, can be extraordinarily difficult to manage and maneuver, creating somewhat of a hazard for those sharing the road with them and all too often leading to catastrophic injuries.
Dog bites are common, especially against small children. According to the American Humane Association (2014), over 4.5 million Americans are bitten by dogs every year, and more than half of those are children.
The legal theory of premises liability is a concept defining how property owners and residents are responsible for accidents and injuries that happen on their property. The types of accidents that may result in premises liability claims can range from slip and fall injuries to an injury suffered on an amusement park ride.
Los Angeles County is rife with expansion and construction projects, meaning that accidents can happen daily. Construction site accidents account for thousands of workplace injuries and deaths nationwide. In a constantly growing area like Los Angeles County, with construction on the freeways, new buildings and houses going up all the time, accidents occur far too often.
A back/spinal cord injury can affect your life forever. Spinal cord injury (SCI) results from any type of trauma or injury to the nerve fibers attached to the spinal cord. These injuries are a result of falls, motor vehicle accidents, sports injuries, and other violence to the spine.
Burn injuries happen regularly and are among the most devastating a person can suffer in his or her lifetime. Such injuries are not only extremely painful but can also require years of surgery, recovery, and convalescence. In severe burn injury cases, skin and tissue damage can take years to heal.
Traumatic brain injury (TBI) results when the head suffers a violent hit or even a sudden jolt. Since the brain is actually floating in cerebral spinal fluid (CSF) inside the skull, it is vulnerable to extreme collisions within the skull itself, such as those that occur in automobile accidents (whiplash). Have you been involved in a whiplash injury?
Whatever injuries or losses you may have suffered or experienced on account of someone else’s negligence, you deserve fair and just compensation. Only by working with a qualified and skilled personal injury attorney can you expect to receive the full extent to which your case is worth. Our team at Duque & Price can help you discover how much that may be and can work diligently to secure the most favorable outcome for you.
To begin building your case, contact the law office of Duque & Price today. We can help you obtain a full recovery by representing you in every aspect of your case. Don’t hesitate to get started.
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