Those who have suffered an injury as the result of a botched medical procedure, vehicle accident, intentional tort, or from some other party’s negligence are entitled to recover damages by seeking compensation through a personal injury claim. A San Bernardino personal injury lawyer will offer the most help in understanding your case, guiding you through the claims process, and fighting on your behalf for the most favorable outcome.
Personal injury cases can be challenging due to legal complexities, defense opposition, and undermining tactics by insurance companies, making recovery difficult despite being rightfully owed damages.
A qualified and skilled personal injury attorney will have extensive experience handling similar cases and will understand how to build an effective claim given the specific details of your case. It is important to hold responsible parties accountable, and your personal injury lawyer can help you do that.
At Duque & Price, we help injured accident victims battle against insurance companies, so that they can obtain the compensation that they deserve. As you know, insurance companies aren’t always eager to pay out claims to accident victims. This is even more true when an accident victim has been severely injured, and the damages escalate. You have the right to seek fair compensation for your damages, which can include medical expenses, pain and suffering, time off of work, and damages for your family members.
We handle all types of personal injury cases, including motorcycle, car and bicycle accidents, construction accidents, tractor trailer accidents, workplace injuries, and wrongful death cases. The initial consultation is free and is the time when we will evaluate the merits of your case and you have a chance to get to know us before hiring us to represent you. If we choose to work together, you pay no legal fees until we win a financial recovery for you.
Personal injury claims are filed against negligent parties that directly caused harm or injury against an individual. Claims represent legal attempts to hold responsible parties accountable for the financial obligation they owe to the injured party.
If you’ve suffered physical, emotional, mental, or financial harm or some combination of these, you are entitled to recover damages from the at-fault party. Successful personal injury claims legally obligate the negligent party to pay these damages to cover losses and injuries.
There is an extremely wide range of incidents that can potentially lead to personal injury, including car accidents, medical malpractice, elder care abuse, and construction accidents. When injury or harm happens as a result of an individual, business, or entity’s action or inaction, this is considered negligence.
It is important to understand a few basic components that make up personal injury law, especially if you are considering pursuing a personal injury claim against another party. The essential concepts that make up personal injury cases are as follows:
Your personal injury attorney can offer legal guidance and counsel, helping you understand all the concepts and considerations at play in your case. Our team at Duque & Price offers a free consultation in which you can discuss the details of your case and receive answers to your questions, including how much your case is potentially worth.
There are several necessary steps to follow if you have suffered a personal injury for which you intend to seek damages:
Once you’ve sought medical attention, hired a personal injury attorney, and established the details of your case, you are ready to begin a personal injury claim. To do so, follow these steps:
The final step is to collect the settlement award if you and your attorney win your case. If the claim is against an insurance company, you can typically receive your award within 30 days of the verdict.
In order to successfully win your case, you must be able to prove that the other party is liable for your losses. In most cases, this is done by proving negligence. Establishing fault through negligence requires substantially demonstrating the following:
For example, medical professionals show their patients a duty of care to provide accurate diagnosis and appropriate treatment. Drivers owe others a duty of care on the road to operate their vehicles in a reasonable and safe manner and to observe all traffic laws.
Demonstrating these four points can establish the defendant’s liability in your personal injury case. This presents the opportunity to hold the at-fault party financially accountable to cover the damages they owe in your case.
Despite the wide range of differing kinds of cases, there are certain types of damages that will generally be available to you in any personal injury case. Nevertheless, it should be noted that no two cases are exactly the same, and the details of your claim will be particular to you. Your lawyer will understand what kinds of compensation are appropriate in your unique situation. Generally, they will include some combination of the following:
Compensatory damages seek to restore victims back to a state of “wholeness” through financial compensation. This can be provided through cost reimbursement and redress for injuries and harm suffered. There are two types of compensatory damages:
Sometimes, a defendant is deemed to have acted with gross negligence or blatant disregard for the lives of others or for the consequences of their actions. In these cases, a judge may opt to impose harsher penalties on the at-fault party as a means of punishing the defendant rather than in an effort to restore the victim. Punitive damages attempt to dissuade others from engaging in similar behavior.
Ascertaining exactly how much your case is worth is a challenge, but your personal injury lawyer can provide you with a reasonable estimate during your initial consultation.
Following your injury, you may be contacted by an insurance adjuster intent on resolving the case as soon as possible. Most people will begin accumulating medical bills, missed income, and other expenses that make accepting an initial settlement offer tempting.
However, these initial offers rarely represent a fair assessment of your losses or the full extent of what your claim is worth. For this reason, it is imperative that you begin partnering with a personal injury attorney from the beginning in order to protect yourself against attempts to undervalue your claim.
For most personal injury claims, California has a two-year statute of limitations that begins on the date the injury-causing incident occurred. If, for some reason, the injury was not discovered until later, the victim will have at least one year from the date on which the injury could have reasonably been discovered. Claims to recover losses of property damage have a three-year statute of limitations.
Claims made against a government entity, whether for personal injury or property damage, must be filed within six months following the date of the incident. This includes claims against public transportation agencies, cities, local municipalities, or other government agencies. Working with an attorney as soon as possible is, again, highly recommended because some cases may have a very small window during which you are able to pursue a claim.
Nearly all personal injury lawyers work on a contingency fee basis. This fee structure eliminates many of the potential barriers to entry for individuals to receive qualified and highly skilled legal counsel.
The contingency fee structure means that your attorney will receive compensation for their legal services through a percentage of your net settlement amount, as opposed to billing the client directly by the hour. Most attorneys will receive about 33% of the award, though this may differ based on the experience of the attorney and the complexity of your case.
In addition to providing the lawyers with the freedom to engage in any means necessary for securing a favorable outcome, as the client will not be billed for each individual task, this fee structure can highly motivate your lawyer to secure the maximum possible settlement in your case. After all, receiving payment for your case is contingent on winning a settlement.
The team at Duque & Price can provide you with all the applicable details regarding fees and services during a free consultation. This can afford you the opportunity to find answers to questions you have regarding the case and for our lawyers to hear the details of your case and discern the extent to which they believe you are owed damages.
When you are involved in an auto accident, the effects can change your life in a moment. A careless or distracted driver can cause devastating and life-altering results.
Despite the increase in awareness campaigns and the probability of jail or prison time, drunk drivers are frequently the cause of motor vehicle collisions in San Bernardino. If you’re hit and injured by a drunk driver, any case that you might have against them is a civil case for damages.
Following the death of a loved one, a wrongful death action may be the only way to obtain justice after the loss of a loved one. For many of our San Bernardino clients, their ultimate goal in pursuing a lawsuit is to hold responsible parties accountable for their negligence, wrongful actions or recklessness.
At the law offices of Duque & Price, we know that the general attitude toward bikers is unfair. As San Bernardino motorcycle accident lawyers, we know that an accident victim involving a biker does not mean that he or she is necessarily at fault.
A commercial truck or big rig easily weighs over 75,000 pounds. These trucks, by their sheer weight and size, can be extremely difficult to manage and maneuver, presenting quite a hazard for those sharing the road with them and all too often leading to catastrophic injuries.
Dog bites are a common problem and young children are especially prone to becoming dog bite victims. According to the American Humane Association (2014), over 4.5 million Americans are bitten by dogs annually, and more than half of those are children.
The theory of premises liability is a legal concept in which property owners and residents are liable for accidents and injuries that occur 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.
Construction is happening at a rapid rate in San Bernardino and accidents to employees and bystanders can happen daily as a result. Construction place accidents account for thousands of workplace injuries and deaths nationwide. In a constantly growing area like San Bernardino, with construction on the freeways, new buildings and houses going up all the time, accidents occur far too often.
A back or spinal cord injury can affect the rest of your life. Spinal cord injury (SCI) results from any type of trauma or injury to the nerve fibers attached to the spinal cord. Such injuries are a result of falls, motor vehicle accidents, sports injuries, and other violence to the spine.
Burn injuries can happen quickly and they can be among the most severe an individual will 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, damaged tissue and skin can take years to heal.
Traumatic brain injury (TBI) results when the head sustains a violent blow 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?
No matter what injuries or losses you’ve suffered, you deserve fair compensation and a just settlement award. Working with a qualified and skilled personal injury attorney is the most effective way to ensure you obtain the maximum amount to which you are entitled. The attorney team at Duque & Price can help you understand what your case is worth.
To begin the process of securing a favorable settlement outcome, contact the law office of Duque & Price. Our diligent representation can help you obtain a full recovery in your case.
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