If you have suffered a personal injury in Pomona, California, or nearby areas, you may be looking for legal support to help strengthen and support your claim as you fight for justice and recovery. A Pomona personal injury lawyer at Duque & Price is available to provide detailed legal advice and care. Our firm has supported thousands of personal injury claims throughout California and is ready to assist you.
The impacts of a personal injury can be truly devastating and widespread, not just impacting your life now but also your future. As you work to secure your own health and well-being, consider partnering with an attorney who knows how to pursue justice, create an effective legal strategy, and negotiate with insurance companies and other parties to obtain a sufficient settlement.
From motor vehicle accidents to construction site injuries and medical malpractice, Duque & Price is available and ready to support your claim, no matter the circumstance. You deserve experienced legal support as you navigate recovery and create a fair and sustainable future for yourself.
Personal injury law, also commonly known as tort law, encompasses the legal domain dedicated to pursuing justice for individuals who have sustained injuries or harm due to the negligence, recklessness, or deliberate actions of others. Within this legal framework, injured parties can seek recompense for their losses, both financial and emotional, stemming from the incident. The following are categories of legal claims falling under personal injury law:
If you find yourself injured in any of these personal injury incidents, our firm’s personal injury attorneys are ready to assist you. We are dedicated to providing effective legal representation, approaching each case with thoroughness and unwavering support.
In a personal injury claim, it is imperative for the plaintiff to demonstrate fault, as it indicates the defendant’s responsibility for the accident that caused the injury and, consequently, for covering the financial ramifications of the damages suffered by the plaintiff.
To establish fault, the plaintiff typically carries out a comprehensive investigation process, gathering evidence such as police reports, eyewitness accounts, documentation, and more to support their case. Typically, the at-fault party would have violated their duty of care toward the injured party, resulting in their injury. A useful approach to proving fault involves first establishing a duty of care and then demonstrating how that duty was breached.
For instance, in a medical malpractice scenario, the healthcare professional owes a duty of care to their patient to provide medical treatment at a standard expected of any competent medical practitioner in similar circumstances. Failure to fulfill this duty constitutes a breach of responsibility, which, in a personal injury context, must result in the patient’s injury and subsequent damages.
After proving that a medical provider breached their duty of care, the plaintiff would need to show how the breach led to their damages. For example, if a surgeon breaches their duty by operating on the wrong body part, this may lead directly to a patient’s injuries.
A personal injury lawyer plays a crucial role in providing indispensable assistance to their clients as they seek fair legal redress. Leveraging their experience and profound understanding of local statutes impacting personal injury law, they deploy legal tactics and methods to pursue their clients’ objectives effectively. Here are specific ways in which a lawyer can support their clients:
The Los Angeles Superior Court serves the greater LA area, including Pomona. Each year, plaintiffs file over 25,000 personal injury claims with the court.
As you are navigating the Pomona, California, roadways, it is vital that you are aware of the local safety statistics. From 2020 to 2021, traffic fatalities across California increased by around 7.6%. In 2020, there were almost 4,000 traffic fatalities, and in 2021, there were over 4,280. For pedestrians, fatalities increased by 9.4% between 2020 and 2021, while bicycle fatalities decreased by 8% between the two years.
Beyond accident statistics, the state had a total number of 67,931 property damage, personal injury, and wrongful death claims through the Superior Courts in the 2020-21 fiscal year. The leading preventable cause of death in 2021 was poisoning, followed by motor vehicle accidents, falls, and drowning. The preventable injury-related death rate per 100,000 California residents was 53.3 that same year.
Following a personal injury, it’s natural to seek clarity on the potential compensation you might receive for damages. While various online resources offer average settlement figures for personal injury cases in your region, such as Pomona, relying solely on these numbers for planning purposes is not advisable. Each case is distinctly unique, with factors that can cause settlement outcomes to differ for seemingly similar accidents.
Several factors play a role in determining a settlement amount, including economic damages such as medical expenses, lost wages, future earning capacity, ongoing treatment costs, repair expenses, and more. Additionally, settlements should cover non-economic damages, such as loss of enjoyment of life, emotional distress, pain and suffering, and loss of companionship.
Other considerations impacting settlement amounts include lawyer and court fees, insurance policy limits, and the financial status of the liable party. Consulting with an attorney can provide you with an estimate of the potential damages recoverable through a personal injury claim.
The moments following a personal injury incident can be overwhelming and disorienting. Often, your logic can be impacted as you respond to challenging or traumatic situations. It is normal to feel caught off guard and panicked, but it is essential to respond intentionally in these critical moments, if possible. How you respond directly following a personal injury can either positively or negatively impact your case. Below are suggestions for responding well:
The amount that a personal injury lawyer charges in Pomona is contingent on several factors. These include the jurisdiction, the complexity of the case, the length of the case, the type of fee structure used, and more. The different fee structures used by lawyers include an hourly fee, a one-time lump sum payment, and a contingency fee basis.
A contingency fee basis indicates that clients will not pay unless their claim is successful, in which case they will pay their lawyer a percentage of the overall settlement amount.
The average settlement for pain and suffering in California is challenging to calculate, as this amount is highly unique and individualized based on each case. As pain and suffering is a challenging type of damage to place a monetary value on, the settlement amount in each case will be different and dependent on the types of non-economic losses the plaintiff has suffered.
Personal injury settlements are paid out in California in two main ways: a lump sum, where the full settlement is received at once, or a structured payment plan, where the settlement is paid out through monthly installments over time.
The most an individual can sue for emotional distress depends on the severity of their experience and how it affects their life. In most states, an individual can pursue a specific amount that adequately covers their emotional distress losses. However, this type of damage is much harder to prove than economic damages, which is why it is vital to seek the support of a skilled personal injury attorney who can adequately represent your losses.
The length of time it takes to settle a personal injury claim in California is dependent on several factors relating to the specific circumstances of each case. These contributing factors include the efficiency of involved parties, the extent of injuries and damages, the negotiation and litigation procedures, and other elements.
If you have unfortunately experienced a personal injury caused by another party’s negligence or deliberate actions, you might have the right to seek legal recourse and obtain compensation for the damages incurred. At Duque & Price, we are committed to offering robust legal support to our clients, ensuring their rights are upheld throughout the process, and pursuing maximum settlements vigorously.
We encourage you to reach out to us today to arrange a consultation with one of our seasoned personal injury lawyers. Through a thorough case assessment, we can determine the viability of your legal claim and chart a course of action together. You do not have to navigate this process alone; you deserve the steadfast support, advocacy, and reassurance that a dedicated personal injury attorney can provide.
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