Fontana Personal Injury Lawyer

Fontana Personal Injury Attorney

Injuries come with a host of different challenges. From the cost of medical treatment to the psychological impact of an injury, those injured and their families face difficult circumstances in the aftermath of an injury. However, when those injuries are the result of another party’s negligence, then those injured have a legal right to collect compensation for the costs. Working with a Fontana personal injury lawyer can be critical to getting the compensation that you’re owed after an injury.

Helping people in these situations is what we do at Belgum, Fry & Van Allen. Whether through negotiating a settlement or making your case in litigation, our experienced lawyers are dedicated to helping victims of someone else’s negligence get the restitution that they deserve.

Some Common Forms of Personal Injury Claims

Personal injury claims can be made anytime someone is injured by another party’s negligence. This means that there can be all manner of different kinds of personal injuries. However, there are also some forms that occur more frequently than others. Some of the common categories of personal injury claims that occur include:

• Car Accidents. One of the most frequent forms of personal injury claims is car accidents. Both physical injuries and property damage are typically involved in these accidents. To be able to collect restitution in these cases, it will be important that your lawyer can prove who was at fault for the accident. Often, this will be another driver, but in some cases, it could involve other parties, such as a driver’s employer, the government responsible for the roads, or even a parts manufacturer. Typically, the liable driver’s insurance policy provider will be required to pay the restitution sought.
• Truck Accidents. Truck accidents share many similarities to car accidents, but the sheer size of trucks means that the potential damage involved could be much greater. There are also often more potentially liable parties because trucking operations are often complex and there are a lot of parties involved in the process.
• Motorcycle Accidents. Motorcycle accidents can be especially dangerous for riders and serious injuries are possible. These accidents can also be complicated by many different factors, so it’s important to have a lawyer experienced in these cases.
• Premises Liability. People and businesses are responsible to maintain a property that is safe for lawful guests. Anything that hasn’t been properly taken care of that leads directly to an injury could create liability for whoever is responsible for that maintenance. This includes both businesses and private residences. These cases, particularly when they occur during commercial operations, are often complicated, and it can be challenging to identify the liable party. The most common forms of premises liability issues are trip and fall accidents or slip and fall accidents.
• Medical Malpractice. Doctors, nurses, and other healthcare professionals can make mistakes and sometimes provide substandard care. This could lead to all sorts of issues that delay recovery from an ailment or even create new harm and injuries. This leads to liability for those who failed to meet the standard of care that should have been given. These are also especially complex cases, and anyone who believes that they have been a victim of medical malpractice should be certain to work with a lawyer with a strong background in these cases.
• Animal Bites. Pet owners are generally responsible for the actions of their pets. This means that if they have a dog or other animal that bites someone else, they or their insurance company is responsible for compensating for injuries caused by the bite. These injuries may be minor in some cases, but others can be very serious, particularly if the injury leads to an infection.
• Wrongful Death. Unfortunately, sometimes, an accident or mishap could lead to the death of the affected party. When this happens, qualified survivors, typically family members, are entitled to file a wrongful death claim. These are similar to personal injury claims in terms of how liability is proven and damages collected. However, these claims do have additional costs that the family can collect, such as funeral and burial costs and the psychological and emotional impact of the loss of their loved one.

What a Personal Injury Lawyer Can Do

A personal injury lawyer is responsible for performing several functions and roles in the process of representing their clients and seeking compensation for them. One of these critical functions is investigating the cause of the injury. In many cases, this will involve looking into an accident or some other incident that caused the injury. This investigation is important in both identifying the party or parties that should be held liable and gathering evidence that can be helpful in proving their liability.

Often, before a claim is filed, there is likely to be an attempt to negotiate with the other party or parties involved in the situation. There can be advantages for both sides in choosing to settle rather than going to court. However, it is important to have a lawyer negotiating for you through the process. Having a lawyer will help you understand what a fair offer should look like and can impact the perception of the situation for those on the other side of things.

The other side of these negotiations will typically involve lawyers or insurance companies who tend to take the situation more seriously when a lawyer is involved. They know that they likely won’t be able to get away with any lowball offers. They also understand that with a lawyer being involved, the threat of going to court is more likely. These concerns on their part could move the process towards a fair settlement more quickly.

While the majority of personal injury claims are settled before the claim ever makes it to court, there are some circumstances where a fair agreement for both sides simply cannot be reached. When this happens, it can be necessary to address the issue through litigation. If this is the case, your lawyer acts as your representative in the process, arguing for the liability of the defendants and the compensation that you deserve.

Statute of Limitations in Personal Injury Cases

In most personal injury cases, California law has set a statute of limitations of two years. However, it is possible that there could be some exceptions. For instance, if you are going to try to hold the government liable for your injuries, the timeline could be narrower. In other cases, if the injury is discovered well after the incident that caused it, the statute of limitations could be extended.

A personal injury lawyer can help you understand what factors in your case could impact the statute of limitations timeline.

Compensation Available in Personal Injury Cases

Compensation in personal injury claims is paid out in what’s referred to as damages. The costs that are covered by these damages must be demonstrated to have resulted directly from the injury. This means that they cannot be related to a pre-existing injury or an injury that may have occurred after the incident. It is critical that you keep a good record of your costs so that your lawyer is able to prove the expenses for which you are seeking compensation.

This compensation is paid out in two forms of damages:

• Economic Damages. Economic damages are designated to cover those costs associated with the injury which have a clear financial component. This can include the medical bills that the injury creates. Also, it could include any lost wages if the injuries prevented you from working. Property damage, such as damage to a vehicle caused by a car accident, can also be compensated for.In the case of particularly serious injuries, these damages also cover future costs, such as ongoing medical care or lost earning capacity if you are unable to return to the same level of work.
• Non-Economic Damages. The costs that lack a clear financial element are addressed through non-economic damages. This largely consists of emotional and psychological costs, including pain and suffering, mental anguish, loss of enjoyment in life, and others.There is no way to place a precise economic value on these impacts, and money certainly won’t “solve” these issues. However, the compensation can be helpful in providing indirect relief and reducing some level of stress in other aspects of life.

FAQs

Q: How Much Does a Personal Injury Lawyer Charge?

A: How much a personal injury lawyer charges in Fontana, California depends on the lawyer and the arrangement they make with their clients. Often, this involves charging an hourly rate and having the client pay a retainer from which that hourly rate is paid.

However, at Belgum, Fry & Van Allen, we work on a contingency basis. This means that when we find clients who are a good match and would like us to represent them, we take their case on without requiring initial payment. Instead, we are only paid based on successfully being able to argue and win your claim through negotiation or in court, at which point a percentage of those winnings is paid to the firm.

Q: Do I Have to Have a Personal Injury Lawyer to File a Claim?

A: Technically, you do not have to have a personal injury lawyer to file a claim, but that doesn’t necessarily make it a wise idea. Winning a personal injury claim can often require experience and study of the law. Working with a lawyer can often be the difference between winning and losing a claim or getting a more substantial settlement.

Lawyers representing the other side tend to take negotiations more seriously if you are represented by a lawyer. If the claim does go to litigation, the biggest advantage you can have in the courtroom is a lawyer experienced in arguing before the court.

Q: Is It Better to Take My Claim to Court or Settle Out of Court?

A: Whether or not it is better to take your claim to court or settle it out of court is highly dependent upon the specifics of your situation. Generally, the compensation you receive in winning a claim in court could be the maximum possible payout. However, going to court also carries the risk of receiving nothing.

The advantage of a settlement is that you will be guaranteed to receive whatever is agreed upon, but whether this is right for you will depend on the strength of your case, the settlement offered, and your personal risk tolerance.

Q: When Are Punitive Damages Awarded in a Personal Injury Claim?

A: Punitive damages are awarded in personal injury claims when there is something egregious about the behavior of the party liable for the injuries. Usually, this means they will need to have had malicious intent. However, most personal injuries are the result of honest mistakes and normal accidents. Your lawyer will be able to give you a better idea of whether or not punitive damages may be a possibility in your case.

Helping Personal Injury Victims Seek Restitution

When someone suffers a personal injury of some variety, it can often be a challenging time for many different reasons. If there is a physical injury, the pain, suffering, and recovery involved can be challenging. In the case of serious injuries, the situation can often take a toll on the family of the injured as well. On top of everything else, there is financial stress.

At such a difficult time, some comfort can be had in knowing that you have a lawyer you trust working to seek fair compensation for your injuries. Our team at Belgum, Fry & Van Allen is dedicated to doing everything that we can to get what our clients are owed. That is why we do not get paid unless you do.

Our team is experienced in handling all manner of personal injury claims. If it is possible that a settlement may be a way to resolve the situation, our team understands how to negotiate a strong deal, but if litigation is necessary, we are more than prepared to make your strongest case in court. To discuss your injury and options, contact our team today.