Orange County Personal Injury Lawyer

Orange County Personal Injury Attorney

The term “personal injury” refers to any incident in which someone suffers an economic loss or a physical injury because of another party’s actions. Personal injuries happen in many different ways throughout Orange County every day, and it is vital to know what to do to recover from such an event if you are harmed by the negligence or misconduct of another.

A personal injury suit is a type of civil claim that can enable you to recover recompense for your losses, but you need legal counsel you can trust to guide you through your case successfully.

Duque & Price prides itself on being the advocate for thousands of accident victims in the Orange County, California, area. Our personal injury attorneys specialize in car and motorcycle accidents, wrongful death cases, and work-related injuries. We have an office in Orange County, as well as several others in the Southern California area.

We have helped injured accident victims in their fight against insurance companies. As you can probably imagine, insurance companies are less than thrilled to pay out expensive claims to accident victims. But you have the right to receive fair and just compensation for your damages, including medical expenses, pain and suffering, time off of work, and damages to your family members.

At Duque & Price, we tackle any and all personal injury cases, including car, motorcycle, and bicycle accidents, construction site accidents (for employees and bystanders alike, commercial truck accidents, worksite injuries, and wrongful death cases brought on by families. We provide all potential clients with a free initial consultation, in which we can evaluate the merits of your case and which gives you 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 obtain a financial recovery for you.

Understanding Negligence in Personal Injury Cases

The term “negligence” defines a failure to use reasonable care and caution in a given situation. Most of the personal injuries reported in Orange County are the result of negligence, and proving that requires four important elements:

1. The defendant owed a duty of care. Therefore, all drivers have a duty of care to pay attention to driving their vehicles attentively at all times, refraining from cell phone use and any other distractions that divert their focus away from the safe operation of their vehicle.
2. The defendant failed in their duty of care in some way. They could have breached their duty by not acting as they should have or when a reasonable person would have behaved differently in the same situation. Following the previous example, using a cell phone while driving would be a breach of the driver’s duty of care to operate their vehicle attentively.
3. This breach of duty actually harmed the plaintiff or caused them a measurable loss. You could make a personal injury claim only if you sustained a loss. Your Orange County personal injury attorney can help gather the proof of the damages the defendant caused and include them in your initial complaint.
4. The defendant’s actions caused the damages the plaintiff suffered. Proving causation is an essential part of your case. You must show evidence that clearly demonstrates that the defendant’s negligence caused your damages and they did not arise from any other cause.

The average person who experiences a personal injury may believe they have a firm grasp of what they must prove to succeed with their claim, but the reality is that any personal injury case can escalate into a heated legal battle between a plaintiff and a defendant, and the average person is likely to encounter legal issues in their case they do not know how to address on their own.

Why You Need an Orange County Personal Injury Attorney

California law does not strictly require you to hire an attorney to represent you in a personal injury case. You can file your claim on your own, but do not make the mistake of assuming that this would simply be an efficient way of saving money on legal fees.

Even if you managed to succeed with your case, you would be unlikely to reach the same level of results that an experienced attorney could manage for you. Additionally, the court is very strict about its filing deadlines as well as other procedural obligations that will be very difficult to manage while you recover from a serious injury.

Ultimately, hiring legal counsel you can trust allows you to focus on your recovery, your personal obligations, and your family with peace of mind. Your case will be in trustworthy hands, and your Orange County personal injury attorney will know the optimal ways to streamline your proceedings, shortening the time it takes for you to recover recompense for your losses.

As your case unfolds, your attorney can provide updates and prepare you for each new stage of your proceedings.

Understanding the State’s Fault Rule

In some personal injury cases, one party is clearly responsible for any damages. Other cases are more questionable, and more than one party can bear liability for a plaintiff’s damages. It is also possible for a plaintiff to share fault, in which case the state’s pure comparative fault rule applies. Under this rule, each liable party is assigned a fault percentage that reflects their level of liability for causing the damages.

Under the comparative fault rule, a plaintiff’s percentage of fault will be deducted from their final case award as a penalty. For example, if the plaintiff is seeking $500,000 in damages but they are found to be 10% at fault for causing the incident, they would lose 10% of their case award, or $50,000.

This example shows how even a slight fault can have a significant impact on the outcome of your personal injury case. If you have any reason to worry that you share liability for any damages you suffered, it is imperative to reach out to an experienced Orange County personal injury attorney for guidance and support in your case.

Gathering Evidence to Build Your Case

The type of evidence you need to win a personal injury case in Orange County depends on the type of personal injury you suffered. For example, if you are filing a personal injury claim in response to a car accident because the at-fault driver’s insurance cannot fully cover your losses, various forms of evidence, such as traffic camera footage, vehicle computer data, and cell phone records, could come into play.

If you are filing a premises liability claim due to a slip and fall accident on a private business owner’s property, your attorney may seek to obtain maintenance records and other documentation to show the property owner failed to take care of a foreseeable safety issue.

Witness testimony is often vital to a personal injury case in Orange County. If anyone saw your personal injury occur firsthand, obtaining their statements could prove invaluable to your recovery efforts.

However, human memory is fallible and wanes in accuracy over time. This means it is crucial for you to obtain witness statements as soon as possible after your injury. Your Orange County personal injury attorney can review the details of how the incident occurred and help identify the witnesses who are likely to be most helpful in your case.

How an Orange County Personal Injury Attorney Can Help

In some personal injury cases, there are unique and complex issues that cannot be resolved without input from relevant professionals. Expert witnesses are individuals who typically possess special skill sets and years of experience in focused disciplines. An Orange County personal injury attorney may reach out to various expert witnesses to build a client’s case.

For example, an accident reconstruction expert can clarify exactly how a car accident happened, helping to accurately identify the driver responsible for causing the accident. A medical professional could help a plaintiff show the full extent of the damages they suffered and the long-term implications of their injuries, assisting them in recovering as much compensation as possible for their medical expenses.

When you select Duque & Price to represent your personal injury case in Orange County, we will do everything necessary to build the strongest claim possible. We have an extensive network of professional contacts to whom we may refer for assistance with the most technical and complex details of your claim, and we can carefully analyze the full extent of the effects your injury has had on your life to ensure you receive appropriate recompense for your damages.

Claiming Economic Damages for an Orange County Personal Injury Case

The purpose of a personal injury claim is to hold a defendant accountable for the harm they have done to the plaintiff and to secure the compensation the plaintiff needs to fully recover their losses. Your case may be more valuable than you initially expected, and the right attorney can help uncover the full range of damages you can claim from the defendant who injured you.

Most personal injury claims will include economic and non-economic damages. Economic damages are more straightforward and include all direct financial losses resulting from the incident. The economic damages you could recover from a successful claim may include:

• Costs for medical treatment. Most of the personal injury cases filed are for physical injuries. When a defendant has physically injured you with their negligence or misconduct, they are responsible for all of your associated reasonable medical treatment costs. This means you can seek recompense for your hospital bills, ambulance fees, prescription medication costs, and all other healthcare expenses resulting from the injury. Your Orange County personal injury attorney can work with your healthcare team to ensure that all relevant medical expenses are included in your suit, including the reasonable cost of any future medical treatment you need to reach full recovery.
• Lost wages. If you are too injured to work after your personal injury, you can seek recompense for the money you are unable to earn while you are recovering. Similarly, if you were compelled to use any of your paid time off from work or vacation time due to the incident, the defendant is liable for repaying the value of these losses as well.
• Lost earning potential. Unfortunately, not every personal injury victim will fully recover. Some are left with long-term or permanent medical complications from their injuries that prevent them from working and earning income in the future. Whether you have been forced to change jobs and accept lower-paying work or have been left unable to work at all due to permanent disability, the defendant is liable for any future income you can no longer earn. Your Orange County personal injury attorney can help accurately calculate how much you would have reasonably expected to earn in the future if you hadn’t been injured by the defendant.
• Property damage. Some personal injury claims involve property losses, such as damage to the plaintiff’s home, their vehicle, or the loss of expensive personal items. If you experienced any such losses because of a defendant’s actions, they are responsible for all associated costs to repair or replace the loss. Depending on how your personal injury occurred, various forms of insurance could come into play to assist with your recovery, but any property damage not covered by the defendant’s insurance can be cited as economic damages in your personal injury claim.

The average plaintiff will usually be able to identify immediately recognizable losses such as the cost to repair their vehicle, any hospital bills, as well as lost income from time away from work. However, when they have sustained profound injuries that entail various long-term damages, an experienced Orange County personal injury attorney can be invaluable for their help in accurately calculating the full long-term financial impact of their personal injury.

When you select Duque & Price to represent your claim in Orange County or other surrounding counties, we are confident in our ability to accurately identify every claimable economic loss you can include in your personal injury suit. We excel at complex calculations of projected future damages as well, so you can rest assured that our team can assist you in accurately calculating the full spectrum of economic damages, both immediate and future, that you can claim from the defendant.

Claiming Pain and Suffering Recompense for your Personal Injury

Most people are aware of the term “pain and suffering” as it applies to civil claims for damages, but the average person is likely to struggle when it comes to determining appropriate financial compensation for intangible damages like the physical pain and emotional distress they experienced from a personal injury. California’s personal injury statutes do not impose any limits or caps on pain and suffering compensation for most personal injury claims, except for medical malpractice suits. If your personal injury claim pertains to medical malpractice, state law limits the amount you can receive in recompense for your non-economic damages.

If your personal injury suit falls outside the purview of medical malpractice law, nothing limits how much compensation you can seek for the pain and suffering you experienced. You can claim as much as you deem appropriate to reflect the severity of your experience, and your Orange County personal injury attorney can provide valuable guidance on this aspect of your case.

Most personal injury attorneys use two methods to calculate reasonable pain and suffering compensation in their clients’ cases:

1. A multiplier method is most commonly used in cases involving long-term or permanent damages. The plaintiff’s quality of life has been permanently diminished because of the defendant’s actions, and their experience may entail massive adjustment to permanent disabilities, loss of the ability to earn income, or loss of the ability to live independently. When a plaintiff suffers extreme harm, their attorney is likely to multiply their financial damages by one to five to arrive at a reasonably suitable amount of pain and suffering compensation.
2. The per diem method is more applicable to plaintiffs who are expected to recover from their injuries fully. This method focuses on the time it takes for the plaintiff to reach maximum medical improvement by multiplying the days they spend in recovery by a daily compensation rate determined by their attorney. For example, if your attorney determines that $300 is an appropriate number to reflect each day you spend recovering and it takes you 200 days to reach maximum medical improvement from your injury, this will amount to $60,000 for your pain and suffering.

For most personal injury plaintiffs in Orange County, their pain and suffering compensation overshadows the total they receive to compensate for their economic damages. With the right attorney handling your case, you could potentially receive a sizeable case award far beyond what you may have initially anticipated. When you select Duque & Price to represent your case, our goal is to help you secure as much compensation as state law allows for your damages, and this includes seeking the most compensation for pain and suffering from the defendant as they can.

Other Forms of Compensation That May Be Available in a Personal Injury Case

While the objective of your personal injury claim is to recover compensation that repays the losses you suffered, it is also possible for a plaintiff to receive additional compensation to reflect the manner in which they were injured.

Specifically, a plaintiff may be awarded punitive damages in addition to their claimed losses if a judge determines that a defendant’s behavior exceeds the definition of typical negligence or if the defendant caused the injury through intentional and illegal misconduct.

Punitive damages are awarded in civil cases by the judges overseeing these cases. As the name suggests, these damages intend to punish the defendant for their behavior rather than to compensate the victim for a loss, and the amount the defendant must pay in punitive damages generally depends on their financial situation and the severity of their actions.

If a defendant broke a California law in causing the personal injury, the state is likely to press criminal charges. Sentencing will fall to a judge’s decision, and penalties for most criminal offenses will escalate significantly when a defendant has injured or killed someone with their actions. The sentencing judge may decide that financial punishment is both reasonable to address the defendant’s behavior and to provide additional compensation to the victim, and restitution could be added to the defendant’s penalties upon conviction.

Your Orange County personal injury attorney can help you understand the potential implications of a criminal case filed by the state against the defendant in your civil claim. Punitive damages or restitution cannot be directly claimed by a plaintiff, but when they are awarded, they can enhance the plaintiff’s final recovery by a substantial margin.

Types of Personal Injury Cases Our Firm Handles

Personal injury is a broad area of civil law encompassing many types of claims. When you need an Orange County personal injury attorney to help with your claim, it is essential to ensure they have solid experience handling cases like yours.

Below are a few examples of the types of cases we handle at Duque & Price. Our team has a strong reputation built upon many successful cases filed on behalf of our clients in Orange County, and we are confident in our ability to provide the focused legal counsel you need for your case. If you have questions about a particular type of personal injury case that falls within one of these categories, review the included information and reach out to our firm for more specific answers to your most pressing legal questions.

ORANGE COUNTY CAR ACCIDENTS

Car accidents happen daily in busy Orange County, and California traffic law can be overwhelming and leave you confused. Bodily injury and damage to your vehicle will be followed by mounting bills and increased insurance premiums. You may be left wondering who will pay for the damage to your car and the expensive medical bills. You may also be out of work for a period of time due to your injuries.

ORANGE COUNTY RIDE SHARE UBER & LIFT ACCIDENT

Ride-sharing services like Uber and Lyft have become incredibly popular throughout Orange County and surrounding areas. It’s vital for all ride-share customers to know they face the same risk of having an accident in a ride-share driver’s vehicle as they would in any other vehicle. They must also know what to do when such an accident occurs.

Ride-share companies offer insurance protection, but securing a fair settlement for an accident and obtaining maximum compensation for damages will be easier with the help of an experienced attorney.

ORANGE COUNTY FOOD DELIVERY ACCIDENTS

Food delivery vehicles are common sights throughout Orange County and surrounding areas of California, and many food delivery workers spend more time driving than the average person. Due to the frequency of their stops and the locations where they must stop, food delivery accidents can occur unexpectedly in various ways. Our team can help you determine liability for such an accident and hold the appropriate parties accountable for your damages.

ORANGE COUNTY AMAZON/FED EX/UPS ACCIDENTS

Commercial delivery vehicles owned by Amazon, UPS, and FedEx deliver packages throughout Orange County and surrounding areas every day. It is possible for many types of accidents to occur involving these vehicles, and we represent injured delivery drivers as well as drivers injured by negligent delivery personnel. Duque & Price will work closely with you to determine the full scope of legal options available to you after a delivery truck accident.

ORANGE COUNTY TRASH TRUCK ACCIDENTS

Trash trucks are responsible for timely waste removal throughout Orange County and surrounding areas, but it is possible for these large vehicles to cause tremendous damage in an accident. Liability for a trash truck accident may fall to the trash truck driver, their employer, or a third party. Our team will help you file an auto insurance claim if possible and build a personal injury suit if necessary to recover your losses.

ORANGE COUNTY DRUNK DRIVING ACCIDENTS

The increased push for public awareness and even the threat of jail or prison time has not completely eliminated the occurrences of auto accidents caused by drunk driving. The lives of innocent victims in Orange County are still being affected.

ORANGE COUNTY BICYCLE ACCIDENTS

The confusion and mayhem following a collision with a motor vehicle can leave a bicyclist unsure of the next steps. You are likely to see damage to your bicycle and feel pain, though pain may come later. Regardless of your pain level or immediate assessment of your injuries, your first step should be to call the police, even if you do not feel injured right away. Filing a police report of the damages is critical, especially since your injuries and pain may grow more severe over time. As you wait for the police, begin to document the accident with photos and notes if you are capable.

ORANGE COUNTY WRONGFUL DEATH

When tragedy strikes, resulting in the untimely death of a loved one, it is understandably devastating to the entire family, especially when the death could have been avoided. If your family member’s death was caused by negligence or intentional wrongdoing, Duque & Price can help you through the process of collecting damages from the responsible party. Whether the death resulted from a distracted or drunk driver, construction accident, physician error, dangerously defective product, unsafe home or business premises, or even an intentional act, California law allows spouses, children, parents, and sometimes other relatives to seek legal action.

ORANGE COUNTY MOTORCYCLE ACCIDENTS

We are all aware of the increased dangers motorcyclists face every time they take to the streets. Distracted and negligent drivers drift into your path without even seeing you and cause a painful accident! If you or a loved one has recently been involved in a motorcycle accident in Orange County, Duque & Price can help you recover the damages you need for your bike and person.

ORANGE COUNTY TRUCKING ACCIDENTS

Within the past two decades, the frequency of truck accidents has risen as more big rigs take to the roadways across the country. Though large trucks are responsible for a mere 3 percent of motor vehicle accidents that cause injuries, they are frequently more severe than accidents involving commuter vehicles because of the massive weight and size of the majority of trucks.

ORANGE COUNTY DOG BITES

While most dog bites are relatively minor and can be treated at home, many are quite serious and can cause painful and devastating injuries, including permanent scarring, disfigurement, psychological trauma, and sometimes death. These injuries will require emergency medical treatment, often resulting in very costly medical bills that can last for many years.

ORANGE COUNTY BROKEN BONES

Broken bones can happen due to a wide variety of causes, including motor vehicle accidents, falls or sports injuries, and other accidents caused by negligence. The severity of the injury can vary from relatively minor to quite severe, but pain will be associated regardless of how bad the break is. Muscles, blood vessels, nerves, organs, and skin are also frequently injured when bones are broken. If you have suffered broken bones in Orange County and the break was the result of another’s action or inaction, then you need the experience of a professional personal injury attorney to ensure that you are adequately compensated for your injuries, pain and suffering, and lost time at work.

ORANGE COUNTY PREMISES LIABILITY

Under California premises liability law, an owner or occupier of property must exercise reasonable care to inspect the property and correct, repair, replace, or give adequate warning of any condition that could be reasonably expected to injure others. The failure of this duty may subject the owner or occupier to responsibility for injuries caused as the result of the failure to inspect.

ORANGE COUNTY CONSTRUCTION ACCIDENTS

Nearly 4% of all construction workers in the United States have suffered injuries requiring them to take time away from work, have job restrictions imposed, or have been transferred. Figures from OSHA revealed that in 2012, a frightening one out of every five work-related fatalities was in the construction industry.

ORANGE COUNTY BACK AND NECK (WHIPLASH) INJURY ATTORNEY

Whiplash victims often feel pain throughout their entire body and can experience acute pain, numbness, and a loss of mobility. These types of injuries need immediate medical attention, or the risk of making the injuries worse increases. Unfortunately, costly medical bills can quickly start adding up, and you may be left paying these expenses yourself without legal advice. Do not let this happen to you; give us a call at Duque & Price for an absolutely free consultation.

ORANGE COUNTY SPINAL CORD INJURY

In most spinal cord injury cases, as with most personal injury lawsuits in general, the theory of negligence is key. Whether you suffered a spinal cord injury as a result of an auto accident or you slipped on a surface that was not properly marked with cautionary warnings, your case will depend on your ability to show that negligence was a factor and that the party you are suing is “at fault.”

ORANGE COUNTY BRAIN INJURY

Most brain injuries are apparent shortly after the accident. However, in some cases, the symptoms do not fully appear until later when the injury manifests into a worsened condition. The brain is the stimulant for many functions of the body, making brain injuries much more destructive.

ORANGE COUNTY BURN INJURY

When burned, the victim is often subjected to a very prolonged convalescence period. The damaged tissue, melted skin, and severe nerve damage that results from a burn injury can damage a person for the rest of their life. Tragic burn injuries leave survivors with escalating medical expenses that often linger for many years and may not be fully covered by their insurance.

ORANGE COUNTY BUS ACCIDENTS

An injury accident involving a bus includes many variables and is going to be handled much differently than a normal passenger car accident. The details of the accident can have a substantial impact on how your case must be handled.

ORANGE COUNTY PEDESTRIAN ACCIDENTS

Motorists are responsible for obeying traffic laws, including yielding to pedestrians when they have the right-of-way. Unfortunately, pedestrian accidents occur because drivers either do not see people crossing streets or they do not understand who has the right-of-way. If you or a loved one was injured in a pedestrian accident involving a vehicle, let us help you determine whether you have a legitimate case.

Paying for Your Legal Representation in Orange County

One of the most commonly cited concerns people have about seeking legal counsel for help with their personal injury claims is the potential cost of legal representation. Many people mistakenly believe that hiring an attorney would be prohibitively expensive when they are struggling with the financial effects of their injuries. The reality is that the legal counsel you need is likely more accessible than you may expect.

Duque & Price offers contingency fee billing to our personal injury clients in Orange County. Under a contingency fee agreement, there are no upfront or ongoing attorneys’ fees for the client, and they will pay nothing if the attorney is unable to secure compensation for their damages. The attorney’s fee is contingent upon their ability to obtain a case award for the client, and the fee is a percentage of the amount recovered.

With this billing arrangement, you can approach your case without fear that your legal fees will amount to more than your total compensation, and there is no financial risk to you if our team cannot secure a case award for you.

Find Your Attorney Today

You have a limited time in which to pursue recompense for your damages after a personal injury in Orange County. There is a two-year statute of limitations that applies to most personal injury claims, and if you intend to file an insurance claim following your injury, you have an even shorter time limit to meet.

It is vital to seek legal counsel you can trust as soon as possible after any personal injury in Orange County, and the team at Duque & Price is ready to provide the comprehensive representation you need in this situation. Contact us today to make an appointment for a free consultation with an Orange County personal injury attorney and start working toward your recovery.