Hurt in an Accident in California?
Call Our Rancho Cucamonga Personal Injury Attorney for a Free Review
Any injury or accident can seriously disrupt your life, your work and your family, especially if you require prolonged medical treatment and/or rehabilitation. In addition to the economic costs of an injury, you may struggle with emotional and psychological trauma. If someone else caused your accident, then you may also feel angry and lost. When someone else is to blame, then you may be able to hold that person accountable for your losses through an insurance claim and/or personal injury lawsuit. However, it can be challenging to get a fair settlement; insurance companies often try to use California’s comparative negligence laws to minimize payouts, increasing their own profits. A California personal injury attorney can shoulder the legal burdens of your claim and fight for your rights while you concentrate on your health and your family.
Arturo Angel Burga, founder of Burga Law Firm, is a Rancho Cucamonga personal injury attorney with more than 10 years of experience representing accident victims. He works with a network of experienced lawyers to provide committed, passionate representation when you need it most. If you were in a car accident, suffered a fall or sustained injuries in any type of accident, then our law firm can help. In a free initial consultation, we can answer your questions and explain legal concepts such as comparative negligence. Then, we may be able to assist you in filing your claim and fighting for your right to compensation.
What Are Common Types of Personal Injury Cases?
Generally, you can file a personal injury lawsuit any time that another person’s negligence causes you physical or financial injury. In fact, if strict liability applies, then the other party’s negligence is irrelevant; it is enough that someone else caused or contributed to your injuries. Some of the most common types of personal injury cases involve:
- Car accidents. After a car crash, the at-fault driver’s auto insurance should cover your injuries and damages. Otherwise, you may be able to recover under your own uninsured/underinsured motorist (UM/UIM) policy.
- Truck accidents. In most cases, the trucking company is liable for the injuries and damages that result from a truck accident.
- Motorcycle accidents. Although similar to car accident cases in many ways, motorcycle accidents usually involve much more serious injuries.
- Pedestrian and bicycle accidents. If you are hit by a car while walking, running or cycling, then you can file a claim with the at-fault driver’s insurer. If this does not cover your full damages, then your UM/UIM policy can help make up the difference, even though you were not in a vehicle during the accident.
- Dog bites. A pet owner may be liable for injuries caused by his or her animals.
- Slip and fall accidents. If a fall or any accident on someone else’s property injures you, then you may be able to file a premises liability lawsuit against the property owner.
- Defective products. You may have grounds for a product liability claim if your injuries resulted from dangerous flaws in a consumer item.
- Workplace accidents. After an injury on the job, you may be entitled to benefits through workers compensation. In many cases, you can recover additional compensation through a third party claim as well.
What Is Comparative Fault in California?
In an insurance claim or lawsuit, the plaintiff and his or her personal injury attorney must demonstrate that the defendant party acted negligently, causing the accident or injury (except in special circumstances). However, this can quickly become complicated, since it is rare for just one party to be 100 percent to blame for an accident. Therefore, all states have their own negligence laws that pertain to personal injury claims. California is one of 13 states that follows a “pure comparative negligence” system. Depending on the circumstances, these laws can seriously impact the compensation you can recover in your claim.
According to the pure comparative negligence system, each party involved in an accident receives a percentage of blame. This percentage is based on the facts and situation unique to the case. You may file a claim against the other party regardless of your percent fault. However, the amount of compensation you receive in a settlement or verdict will be reduced by your percentage of fault.
For example, you may file a personal injury lawsuit after a car crash and the court may find that you are to blame for 25 percent of the accident. If so, then the court will reduce any recovery you receive by 25 percent. Thus, if you get a verdict of $100,000, then you will only actually receive $75,000.
Since California’s pure comparative negligence laws could slash your recovery by a significant amount, you should always consult with a personal injury attorney before proceeding with a claim. A lawyer may be able to dispute unfair percentage assignments, especially in insurance negotiations, maximizing your compensation.
Need a Local Personal Injury Attorney? Call Burga Law Firm Today
If you or a loved one sustained injuries in an accident in California, then a Rancho Cucamonga personal injury attorney may be able to help. At Burga Law Firm, we offer free initial consultations so that you can learn your options for a claim at no charge. Then, if you have a solid claim, we can advocate for you in negotiations. If you do not receive a fair settlement offer, then we can guide you through filing a lawsuit.
Call (909) 321-9188 or contact us online today to set up a free initial case review.