Riverside Personal Injury Lawyer

Riverside Personal Injury Attorney

If you’ve been the victim of a vehicle or work accident or if you have suffered harm or loss as the result of someone else’s actions, you are entitled to recover compensation for your damages by pursuing a personal injury claim against the at-fault party. By working with a Riverside personal injury lawyer, you will have the greatest opportunity to obtain the most favorable outcome in your case.

Personal injury claims can quickly become complicated legal affairs, and attempts to recover damages will be met with various challenges. Insurance companies could attempt to minimize the extent of your injuries or property damage, or defendants could try to reduce their liability in the accident or other incident. It is important, then, that you work with both a qualified and skilled attorney with years of experience handling cases that are similar to yours.

Personal Injury Representation in Riverside, CA

Voted as one of the best personal injury law firms in Southern California the law office of Duque & Price prides itself on helping thousands of accident victims in the Riverside, California area. Our personal injury law firm focuses on car accidents, wrongful death cases, and work-related injuries. We have an office in Riverside, as well as several others in the Southern California area.

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 truer when an accident victim has been seriously injured, and the damages are reaching large numbers. 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.

At Duque & Price we handle all types of personal injury cases, including car accidents, motorcycle accidents, bicycle accidents, construction accidents, tractor trailer accidents, workplace injuries, and wrongful death cases. We provide all potential clients with a free legal consultation, in which we can evaluate 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 do not pay any legal fees until we obtain a financial recovery for you.

The Basics of Personal Injury Law

Properly pursuing a personal injury case involves understanding a few particularly key legal concepts: Negligence, damages, compensation, liability, and statute of limitations. Knowing what each of these terms means and how they factor into your circumstances will help you determine whether you have a valid personal injury case and how much it may be worth. The following provides a foundational understanding of each legal term:

• Negligence. Negligence refers to any action or inaction an individual or entity takes that does not demonstrate a reasonable level of care toward someone to whom they owe a particular duty of care.
• Damages. Damages refer to the compensation provided as a redress of any harm or loss done to you on account of someone else’s actions. Compensatory damages are awarded to reimburse actual losses and expenses, such as medical bills, repair costs, lost wages, and any other demonstrable economic loss suffered. This also includes compensation for non-economic losses, such as pain and suffering, loss of quality of life, and loss of consortium .Punitive damages may also be awarded as a punishment intended toward the defendant for certain behavior rather than as recompense to the victim. Generally, punitive damages are imposed by a judge if a case goes to court.
• Liability. Liability refers to the amount of legal responsibility a person or entity has for an accident or incident that has occurred, which leads to their financial obligation to the victim to compensate for their injury or losses. Legal liability holds others accountable for their actions and establishes consequences for their negligence.
• Statute of limitations. A statute of limitations is a legal deadline or timeframe by which a claim must be filed in order to remain valid. California only provides a set amount of time for a victim to seek compensation for their injury or losses.

Your personal injury attorney will have a strong understanding of all these legal terms and how they apply to your case. They can walk you through each step of the legal process, beginning with a consultation and making sure you understand the factors impacting your claim.

How to Prove Negligence

When pursuing a personal injury claim against another party, the case will hinge on whether or not you and your attorney are able to adequately demonstrate fault by the other party. In most personal injury cases, fault will be determined by proving negligence. Negligence generally refers to the failure of an individual, business, or other entity to exercise reasonable care in a given situation, resulting in injury or harm to another individual.

Companies owe a duty of care to provide a safe working environment to their employees, drivers owe a duty of care to others on the road, and doctors and other medical professionals owe a duty of care to their patients to provide accurate diagnosis and appropriate treatment.

To prove negligence, you and your attorney must demonstrate that:

• The defendant owed you a duty of care. Depending on the circumstances of your case, proving that a defendant owed a duty of care may be simple or a challenge. For instance, in a car accident case, all drivers on the road owe a duty of care to other otorists and pedestrians on the road to exercise appropriate caution to all current conditions, be aware of others, and observe all traffic laws.
• The defendant breached that duty of care in some way. Much of your personal injury case will revolve around proving this point. This is the reason there is a personal injury case at all. If the defendant committed an offense or violated the law in any way, this is much easier to prove.
• You suffered damages. Representing the “personal injury” aspect of the case, you must be able to demonstrate the nature and extent of your injury or loss. Keeping careful records of all documentation, such as medical records, bills, and appraisals, is vital in demonstrating the actual costs associated with your injuries or property damage.
• The defendant’s breach of duty directly led to your damages. The final aspect in proving negligence is connecting that the defendant’s negligence directly led to your actual damages. To adequately establish this point, your attorney will provide evidence to demonstrate the direct connection between the accident or incident in question and your injuries. This can be done through evidence gathering, eyewitness interviews, video surveillance footage, and incident reports, such as police reports or accident reports.

In many cases, committing a violation without excuse will automatically presume negligence upon the defendant. This transfers the burden of proof to them, so they must prove that they were somehow not negligent.

This is the case, for example, when a driver is convicted of driving under the influence. An individual pursuing compensation in a personal injury case against a drunk driver will not have to prove that the driver was at fault. Rather, they will only have to prove that the negligence directly resulted in the injuries or damages.

California’s Comparative Negligence Law

California follows a pure comparative negligence standard. This means two things for anyone seeking to pursue a personal injury claim. First, it means that a court may determine that you share fault in your accident, which may affect your final settlement amount should you be awarded compensation. In those cases, your net settlement will be commensurate with your percentage of fault.

If you are awarded a settlement of $80,000 but are found to be 10% at fault for the accident, your gross settlement will be reduced by 10% for a net compensation of $72,000. In the same instance, if you were awarded $80,000 for damages but found to be 90% at fault, you could still recover $8,000 in compensation.

This is the second and more positive aspect of California’s shared fault laws. As a pure comparative negligence standard, the state allows an individual to pursue a personal injury claim no matter how much fault they share in the accident. In fact, even if you were legally considered to be 99% at fault for the accident, you could recover 1% of the damages in your case.

It is important to work closely with a personal injury attorney in your case who can also defend against attempts by the other party to minimize their liability by arguing fault on your side, as many insurance companies will seek to do. Your attorney can help protect your final compensation amount by defending your own liability in your personal injury case.

What Types of Damages Can I Recover in a Personal Injury Case?

While every personal injury case is unique, and the details of your circumstances will differ greatly, there are several general types of compensation that you and your attorney will likely seek to recover. The following represents the different types of recoverable damages in personal injury cases:

• Consequential damages. These compensatory damages cover the specific, easily quantifiable financial losses associated with the claim, such as medical bills, property damage, lost wages, and other dollar-amount losses. These damages are easier to prove, as they merely require careful record keeping.
• General damages. These compensatory damages cover the non-economic losses associated with the claim. General damages are awarded in the form of compensation for pain and suffering, loss of quality of life, emotional distress, and loss of consortium in the case of a wrongful death case.
• Punitive damages. In cases where the defendant demonstrated gross negligence or blatant disregard for the safety or lives of others, a judge in a personal injury case may choose to impose additional financial responsibility on the at-fault party as a means of punishment rather than a means of restitution. This is typically done in an attempt to discourage the defendant and others from committing the same violations in the future by burdening them with heavier penalties.

Establishing how much your case is worth can be a challenging and complicated process. Your personal injury attorney will have extensive experience in handling similar cases, which will enable them to more confidently appraise your case and present legal justification for a fair and just compensation amount that accurately represents your actual losses.

If your accident or injury requires you to work with an insurance company, such as worker’s compensation or another motorist’s auto insurance, you may be provided with an initial claim offer amount. Unfortunately, this claim amount will most often be very undervalued. Insurance companies often hope to resolve cases as soon as possible and understand that you will have mounting bills and expenses.

However, it is important not to settle for an amount that minimizes what your case is worth. Seek fair and just compensation with the help of your personal injury lawyer.

What Is the Statute of Limitations on Personal Injury in California?

California has a statute of limitations for filing personal injury cases within the state. This institutes a deadline by which any case must be filed in order to remain legally valid. Cases that are filed beyond the statute of limitations will be automatically thrown out in most cases.

Personal injury cases have a statute of limitations of two years. This means you have two years from the date the injury occurred in which to file a case. If, for some reason, you are unaware of the injury, you are given one year from the date the injury could have reasonably been discovered if this date exceeds the original two-year limitation.

If your claim is against a government agency, however, you only have six months from the date of the incident to file a personal injury claim. It is important that you work closely with an attorney as soon as possible in order to ensure that your case is processed in the proper amount of time.

How Much Do Personal Injury Lawyers Charge in California?

In most cases, personal injury attorneys work on a contingency fee basis. This means they will collect a percentage of the final net settlement amount in your case. This requires that they secure a win in order to be paid, as lawyers on a contingency will not receive any compensation if they do not win your case. Most attorneys will set up around 33% as their contingency fee, charging more or less based on their experience and the complexity of the case.

At Duque & Price, we can offer a free consultation, offering the opportunity for you to discuss the details of your case with one of our attorneys and find out how much we think your case could be worth. Our fees will be clear from the beginning, and we offer a contingency fee structure in order to reduce the barriers of access to quality legal counsel.

Experienced Riverside Personal Injury Attorneys

As one of the top personal injury law firms in Riverside County, Duque & Price people across Southern California recover financially after being injured in car accidents, medical malpractice, and wrongful death cases. Our law firm has filed cases against reckless automobile drivers, careless doctors and dangerous corporations, and in return recovering millions on behalf of the clients we represent. All personal injury cases are different, and although not every victim of an accident can file a lawsuit, our expert attorneys can review the circumstances of your accident case to determine the best route for you. If we move forward, our experienced attorneys can help you hold the person, business or entity responsible for your injuries and accountable for their negligence.

When you file a personal injury lawsuit, the goal is to recover compensation for your losses. Types of recovery often include expensive medical bills and lost wages. If you have questions about your legal rights or just want to find out if you have a case, contact the Duque Law Riverside office today for a completely free consultation of your situation.

What Happens in a Personal Injury Lawsuit?

If you’ve received injuries caused by an accident, the experienced attorneys in our Riverside office can assist you in filing a lawsuit against the person, business or entity that is responsible. We will collect and evaluate all available evidence. This can include speaking with those that were witnesses, obtaining your doctor’s records and reviewing Riverside Police or Riverside County Sheriff reports.

When we help recover compensation for your damages, we will typically create a document called a complaint. Once created and reviewed we will file it in court. A complaint is a legal document that initiates a lawsuit and describes the facts and circumstances of the accident. It will also state the losses (Example: doctor’s bills, lost income) you’ve troubled with and who should be held responsible.

Oftentimes, in personal injury lawsuits, the negligent party’s insurance company may attempt a settlement for the case, rather than going to trial. If you receive a settlement offer from an insurance company, your personal injury attorney will review the terms of the offer and may choose to negotiate on your behalf. We do this to ensure that the settlement provides you fair compensation for your damages. If these negotiations fail then our personal injury attorneys will prepare to take your case to trial.

If your personal injury case goes to trial, our personal injury lawyers will argue your case to a judge or jury to prove your case and detail the injuries and wrongdoings cased by the other party.

What Can I Recover in a Personal Injury Lawsuit?

When we recover compensation for your injuries it is to restore you, as best as possible, to the position you were in before the injury occurred. The amount of compensation you receive will be dependent on the specifics of your case. A court may award damages to compensate you for the losses caused by the accident or, as in many personal injury lawsuits, the insurance company for the person or entity that caused the accident will be responsible for the financial damages.

When you file a personal injury lawsuit, you may be able to recover compensation for:

• Medical Expenses
• Lost Income or Wages
• Pain and Suffering
• Punitive Damages

Practice Areas We Cover at Duque & Price

RIVERSIDE CAR ACCIDENTS

When you’re involved in a car accident in Riverside it can change your life in a moment. A collision caused by a careless or distracted driver can be devastating.

RIVERSIDE WRONGFUL DEATH

Pursuing a wrongful death action can be the only way to obtain justice after the loss of a loved one. For many of our Riverside clients, their primary goal in a lawsuit is to hold responsible parties accountable for their negligence, wrongful actions or recklessness.

RIVERSIDE MOTORCYCLE ACCIDENTS

At the law offices of Duque & Price, we know that the general attitude toward bikers is unfair. As Riverside motorcycle accident attorneys, we know that just because an accident victim was riding a motorcycle, he or she is not necessarily at fault.

RIVERSIDE TRUCKING ACCIDENTS

A truck or big rig can easily weigh over 75,000 pounds. These trucks, by their sheer weight and size, can be extremely 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.

RIVERSIDE DOG BITES

Dog bites are a very common problem, especially in Riverside. Small 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 every year, and more than half of those are children.

RIVERSIDE PREMISES LIABILITY

The legal theory of premises liability is a concept defining how 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.

RIVERSIDE CONSTRUCTION ACCIDENTS

With the amount of construction occurring in Riverside accidents happen daily. Construction place accidents account for thousands of workplace injuries and deaths nationwide. In a constantly growing area like Riverside, with construction on the freeways, new buildings and houses going up all the time, accidents occur far too often.

RIVERSIDE SPINAL CORD INJURY

A back or spinal cord injury can forever change the course of your life forever. 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.

RIVERSIDE BURN INJURY

Burn injuries in Riverside happen all the time and it 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, skin and tissue damage can take years to heal.

RIVERSIDE BRAIN INJURIES

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?

Your Riverside Personal Injury Attorney

No matter what kind of personal injury you have suffered or losses you have experienced on the part of someone else’s negligence, our team of qualified and skilled attorneys can help you secure fair compensation for your damages through a personal injury case. To find out how much your case is worth or to get started building your case, contact the law office of Duque & Price today.