Irvine Personal Injury Lawyer

Irvine Personal Injury Attorney

In the moments following a personal injury incident, uncertainty and fear can emerge. An Irvine personal injury lawyer from Duque & Price is ready to step in and offer clear and trustworthy legal aid as you seek compensation for the damages and injuries you’ve endured. Our law office understands the challenges and complexities that individuals face when navigating the aftermath of a personal injury incident.

Whether you are facing an injury due to a car accident, workplace incident, slip and fall injury, or anything related to personal injury, Duque & Price can help. As you look toward filing your legal claim, we hope to offer insight and strategy as you pursue your case. Personal injury law covers a wide range of cases, including those involving car accidents, wrongful death, worksite injuries, and more. If you believe that you have a personal injury claim, reach out to discuss your options.

Personal Injury Law Explained

Personal injury law, often referred to as tort law, covers a broad spectrum of cases in which an individual was injured as a result of someone else’s negligence or intentional actions. This is a type of civil law which involves one party suing another party to seek compensation for the damages they have endured as a result of the incident. Personal injury comprises the largest category of civil cases because it covers a wide range of situations, like the following:

• Car and motorcycle accidents
• Slip and fall accidents
• Medical malpractice
• Workplace accidents
• Dog bites and animal injuries
• Product liability
• Wrongful death

In personal injury claims, injuries are not always caused by a crime but often by another party’s carelessness or failure to meet their duty of care. Car accidents are the most common type of personal injury cases, as these incidents very quickly escalate to serious injuries and damages. For an individual to win a personal injury case, the accident must show a provable cause of the defendant’s negligence or wrongful act.

Individuals who are found negligent may not have necessarily done anything “illegal” to be found responsible for an accident leading to an injury. Rather, they may have failed to take the precautions and prompt action that a reasonable person would have taken in that situation.

Duty of care refers to the legal obligation that everyone has to avoid causing harm to another party. This obligation exists to encourage individuals and entities to act reasonably and responsibly. For example, in a car accident case, drivers hold a duty of care to operate their vehicles safely and follow traffic laws to prevent accidents and injuries on the road. Similarly, medical professionals hold a responsibility to perform their duties to their utmost ability so they can avoid harm and injury.

If an individual breaches their duty of care and their actions or negligence result in harm or injury to another person, like a doctor prescribing the wrong medication or a driver who is behind the wheel while intoxicated, they can be held legally responsible for the damages they caused. Personal injury claims are developed on the basis that another individual did not maintain their duty of care, and it led to the plaintiff’s injury and damages.

What to Do After a Personal Injury Incident

Immediately after a personal injury incident, it can be challenging to know what to do or what are the most helpful actions to take. While stress, fear, worry, and confusion are common and appropriate responses to accidents, individuals must understand their rights and responsibilities from the first moment of an incident. Below are the general steps to follow after an incident:

• Seek Medical Attention: Your health and safety, and that of all individuals involved, is the top priority directly following a personal injury incident. Assess your injuries and move to a safe location if it is possible. Contact health care providers, even if your injury may seem small, as conditions can worsen over time, and adrenaline can mask some injuries in the moment.
• Report the Incident: You must report the incident to the appropriate authorities, whether that is your employer, a property owner, or local law enforcement. Many jurisdictions require an official report to be made on all incidents. This report serves as an initial documentation for the incident that can be helpful for your claim.
• Gather Information: If you are safe and physically well, take time to gather information from the incident. This can include getting the information of any eyewitnesses, taking photographs or videos of the accident scene, and exchanging information with other parties that are involved.
• Document Your Injuries: Ensure that your injuries and damages are properly documented through medical reports, receipts for any medical expenses for treatment or vehicle costs for damage recovery, police reports, and more. Anything that can act as a paper trail of the impact that the incident has on your life can be crucial for your legal claim.
• Notify Your Insurance Company: Notify your insurance company immediately, even if you were not at fault for an accident, as many insurance companies hold a timeframe during which they will respond to claims. Provide the insurance company with basic, accurate facts on the case, and avoid assigning fault at this time.
• Consult a Personal Injury Attorney: A personal injury lawyer can assist you in every step of the personal injury process. They can review your case details and offer a detailed legal strategy moving forward. Attorneys can ensure that you understand your rights and options in light of your case.
• Pursue Legal Options: Depending on the specific circumstances of your incident, you may have several legal options to pursue in seeking compensation for your injuries and losses.

It is important to understand that how individuals proceed directly following a personal injury incident can have serious implications on the viability of their cases. If you can consult a personal injury attorney at the scene of the incident, they can help ensure that you have taken all essential measures to set yourself up well for your claims process.

Why You Should Choose Duque & Price

At Duque & Price, we assist in managing a wide array of personal injury cases, encompassing various incidents like motor vehicle collisions, wrongful death claims, workplace injuries, commercial truck accidents, and more. We make it a priority to provide clear communication with our clients on any questions and concerns they may have during their legal process. We take the effects of a personal injury very seriously and work tirelessly to get real results for our clients.

Our primary objective is to secure maximum compensation for our clients and to meet this, our team works diligently and aggressively in our legal approach. With an outstanding overall online rating of 4.9 out of 5 and numerous recommendations from satisfied clients, our team is trusted for our unwavering commitment to excellence.

Our attorneys are experienced in California-specific laws that impact personal injury cases. With this knowledge, we can pursue all avenues of compensation and justice for our client’s cases. We assist our clients in their fights with insurance companies and at-fault individuals as we help them navigate their legal court cases. We believe that our clients have the right to receive a just and fair trial that leads to satisfactory damage recovery.

How Can a Personal Injury Attorney Help?

Personal injury attorneys provide vital support in helping their clients access a fair trial, pursuing all legal avenues to get the compensation they rightfully deserve. Below are several ways a personal injury attorney can help:

• Legal Experience and Insight: Personal injury attorneys hold a deep understanding of personal injury law, including the statutes, case proceedings, and legal procedures that are involved in these types of cases. They apply their experience and insight to analyze the cases they work on. This allows them to determine their client’s rights and options as they guide them through the legal process.
• Case Evaluation: An attorney can perform an initial case evaluation, looking at all the factors that affect a case, like fault, injury, damage amount, and the probability that they would win damages in court. After this evaluation, they can establish the strengths and weaknesses of the case and create a thorough and robust legal strategy to move forward.
• Investigation: The attorney initiates an investigation, looking into the circumstances surrounding their client’s injury. During this process, they gather evidence, like witness statements, medical and police records, and more. This investigation acts as the foundation of a claim.
• Negotiation: A personal injury attorney can engage in negotiations to advocate on their client’s behalf during settlement determinations with insurance companies and any opposing parties. They work to establish a fair and favorable settlement that adequately compensates their clients for their injuries and losses.Litigation: If a settlement is not reached through negotiation, an attorney can represent their client in court and present their case before a judge and jury.
• Case Management: From the initial consultation to the case’s closure, an attorney can manage all the details of their client’s case. From filing legal documents on time to keeping all the details and documentation organized to providing legal guidance along the way, an attorney has the logistics covered.
• Maximizing Compensation: Attorneys are dedicated to finding their clients maximum compensation. They can pursue multiple methods of compensation and are dedicated to tirelessly advocating for it. A good attorney does not settle for the first offer an insurance company may make if they think it is too low.

Irvine Personal Injury Statistics

Despite our intentions to practice reasonable care and implement preventative measures, personal injury incidents still occur. Irvine is one of the most populated cities in Orange County, California, with over 300,000 residents and many more traveling through its borders every day, so it is not surprising that there are several personal injury implications in this area.

While the number of car accidents varies with each year, the majority of these accidents do not often have fatal results. In 2021, Irvine saw a total of 8 fatal car accidents. In 2020, a total of 10 fatal accidents occurred. The majority of car accidents happen due to distracted driving. Distracted driving often occurs when a driver is using devices, adjusting the radio, eating or drinking while driving, and taking their eyes off the road for any reason.

If you are driving, it is important to practice preventative care, such as:

• Wearing a seat belt
• Placing your phone on silent
• Using turn signals properly
• Following the flow of traffic safely
• Allowing yourself a substantial reaction time

If you have been involved in a personal injury incident in Irvine and the surrounding areas, Duque & Price is here to help.

Average Personal Injury Settlement Amounts in Irvine

When determining an average settlement amount for a personal injury case in Irvine, it can be challenging to find accurate amounts, as each settlement stems from the unique circumstances of each case. The factors encompassed in a personal injury case cover the severity of injuries, the extent of damages incurred, liability considerations, jurisdictional nuances, and more. Due to the distinct nature of each case, no two settlements are the same.

In Irvine and the surrounding areas, personal injury settlements typically span a broad spectrum, ranging from several thousand dollars in cases with minimal damages to multiple millions of dollars for cases featuring severe injuries and significant damages that are life-altering. A car accident case that resulted in paraplegia will typically result in a larger compensation than a car accident case that resulted in a broken wrist, as the wrist can heal, but the spinal injury will not.

Each personal injury case undergoes a thorough evaluation based on its unique merits, rendering a standardized approach impractical in settlement determinations. Seeking the guidance of a personal injury attorney can prove invaluable in assessing the specifics of your individual case, as they can typically offer a more accurate settlement estimation.

FAQs

Q: How Much Do Personal Injury Lawyers Charge in California?

A: In California, personal injury lawyers typically charge a fee based on the unique details of the case and the attorney’s level of experience. Personal injury attorneys in California work on a contingency fee basis, wherein they receive a payment if they achieve a successful outcome for their client, usually by obtaining a percentage of the total compensation recovered. The standard contingency fee in California is within the range of 33% to 40%. Clients can address fee terms during initial consultations.

Q: What Is Considered a Personal Injury in California?

A: In California, personal injury refers to any emotional, physical, or mental harm suffered by an individual as a result of someone else’s recklessness, intentional actions, or negligence. Personal injury cases can arise from a variety of incidents, including slip and fall accidents, medical malpractice, defective products, workplace accidents, battery, and more. Any situation where an individual is harmed by the actions of another party may be considered an instance of personal injury.

Q: What Injuries Are Hard to Prove?

A: Non-economic damages can be hard to prove, as they are often subjective and more difficult to quantify than economic damages that compensate for specific financial losses, like medical expenses or lost wages. Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium, loss of quality of life, and more. These non-economic losses are intangible, and they are also generally challenging to prove and place a monetary value on.

Q: Do I Have to Pay Taxes on a Personal Injury Settlement in California?

A: In California, like most states, personal injury settlements are generally not subject to state or federal income taxes if they are received as compensation for physical sickness or injuries. This indicates that the portion of the settlement that is intended to cover medical expenses, pain and suffering, emotional distress, and other damages directly related to the injury is typically not taxable. Some exceptions to this rule include interest, punitive damages, tax planning, and compensation for non-physical injuries.

Q: What Is the Statute of Limitations on a Personal Injury Claim in California?

A: The statute of limitations for filing a personal injury claim in California is normally two years from the date of an injury or the discovery of an injury. In most scenarios, individuals have two years from the date of an accident or incident that caused an injury to file a claim in court. If your case is outside this timeframe, seek the support of a lawyer to understand your options.

Contact a Personal Injury Attorney in Irvine and the Surrounding Areas

During moments of confusion and turmoil following a personal injury incident, the experience and assistance provided by a personal injury attorney can be invaluable. At Duque & Price, our team of personal injury attorneys offers steadfast commitment and empathetic advocacy to our clients throughout every phase of their legal journey. Serving as your legal advocates and guides, we prioritize your reassurance and support during the entirety of your personal injury case.

From maneuvering through the intricate legal procedures to vigorously pursuing equitable compensation, our attorneys are dedicated to safeguarding your rights and welfare as you seek restitution for the hardships you’ve endured. Reach out today to set up a consultation and learn how we can offer our support at this time.