Upland Personal Injury Lawyer

Upland Personal Injury Attorney

If you have been injured by the negligence or wrongful conduct of someone else, it is important to learn California personal injury laws. Getting your claim heard can be a complicated process but, with the right information and the assistance of a talented Upland personal injury lawyer, you can recover the compensation you deserve.

Why Choose Hobbs Law Group?

Our Upland personal injury law firm is dedicated to providing personal, caring legal representation to all our clients. We have successfully litigated hundreds of different kinds of personal injury claims in our years of practice. Our firm has a detailed understanding of California personal injury law, so we know how to seek the highest compensation possible for your injuries. Our team can take your needs and concerns into consideration, and we can work hard to get you the greatest possible result.

California Personal Injury Claims

Personal injury refers to injuries sustained by a person due to the negligence, recklessness, or intentional acts of another. Some common personal injury causes include:

• Car accidents
• Dog bites
• Injuries from medical care/medical malpractice
• Injuries sustained from defective products
• Workplace accidents
• Wrongful death caused by another’s negligence

The purpose of a personal injury claim is to compensate the injured person for their losses, such as medical expenses and lost wages.

Statute of Limitations for Personal Injury Claims in Upland, CA

In California, there is a statute of limitations for filing a personal injury claim. This gives the injured party a specific amount of time to file a claim. Generally, you have two years from the date of the injury to file a claim in California. This timeframe is usually very strict; if you miss the deadline, you may forfeit your right to file. However, the deadline may be extended in certain situations, such as:

• The injured party was a minor at the time of the accident. In this case, the statute of limitations begins when they turn 18.
• If the liable party leaves the state, the time that they are out of the state does not count towards the statute of limitations.
• If the injury was not obvious, the statute of limitations begins when the injured party is made aware, or should have reasonably been made aware, of the injury. An example of this would be if a person suffered internal injuries from a botched surgery, but they could not have reasonably known until they started experiencing pain at a later date.

Filing a Personal Injury Claim in Upland

To file a personal injury claim, you must first submit a complaint and request a summons. In the complaint, you will want to include any damages you are seeking. The summons gives notice to the defendant of the claim, as the defendant must be notified to proceed. Generally, personal injury claims are filed where the injury occurred within the state.

If you file a claim against a government agency or its employees, the process will be different. You will typically have less time to file (only six months), and some agencies are immune to different types of claims. An Upland Personal Injury Lawyer can explain the nature of your personal injury claim, your deadlines, any special circumstances, and any other requirements you may have for filing your claim.

California Liability in Personal Injury Claims

In California, you can still recover damages, even if you are partially at fault for the injury. An example of shared fault includes sustaining injuries in a car accident that may have been partially your fault (for example, the driver hit you because they ran a red light, but you were also speeding). While you may still file a claim, your reward amount will be reduced by your percentage of fault.

Using the same scenario, let’s say you filed a claim for $10,000, but the court determined that your speeding equates to 20% of the fault for the accident. You would be awarded $8,000 ($10,000 minus 20%). Usually, this comparative negligence breakdown is used in court. However, some insurance companies may choose to use this calculation when ruling on a settlement.

In dog bite cases, dog owners have strict liability. This means the injured party may file a claim without proving that the owner was negligent or that they knew their dog was dangerous. However, this rule only applies to dog bites. If you were injured by other means, such as the dog running and knocking you over, the general personal injury statutes apply.

Damages in a Personal Injury Claim

Damages in a personal injury claim are designed to compensate the injured party for the losses they incurred as a result of the injury. Common damages include:

• Economic damages: Economic damages are tangible, quantifiable losses. These include medical bills, lost wages, and property damage. These damages usually stem from an expense that a person suffered or had to pay as a result of the incident.
• Non-economic damages: These are intangible losses, and they are not typically connected to a quantifiable expense. They can include loss of enjoyment of life, pain and suffering, anxiety, depression, and PTSD. Compensation for these losses is awarded based on the circumstances of the case. Usually, the more serious a person’s injuries are (and the greater effect it has on their life), the higher their compensation will be.
• Punitive damages: Punitive damages are not as common, but they are sometimes awarded as a way to punish extremely negligent and/or egregious behavior. The purpose of these damages is to deter the defendant (and others) from repeating the same behaviors.

While there is generally no cap on the amount that a person can claim in damages, there are a few exceptions. Uninsured drivers are not permitted to claim non-economic damages unless the at-fault driver was under the influence of drugs and/or alcohol and convicted of a DUI. In addition, non-economic damages are capped in medical malpractice cases.

Protecting Your Personal Injury Claim

What you do following a personal injury in Upland, CA can greatly impact the outcome of your case. It is important that you handle all matters with care and attention. You first want to begin by seeking medical attention right away. Even if you don’t think the injuries are very serious, it is important to get assessed by a medical professional so you do not have anything come up later that you did not include in the claim.

Follow your doctor’s instructions closely, and be sure you are following their recommended treatment plan. Keep records of any expenses you incurred as a result of the accident, including any medical bills, transportation costs, and any modifications you had to make to your home to accommodate your injuries.

Let your Upland Personal Injury attorney communicate and negotiate with insurance companies on your behalf. This can keep you from saying anything that can be used against you, especially if your case goes to court. Also, refrain from speaking about the injury on social media or other public forums. This can be misinterpreted and hurt your case.

Keep records of all changes and new developments in your case, including fluctuating pain levels, your emotional state, and ways the injury may be affecting your personal life, such as by making it difficult for you to walk, complete daily tasks, or work your job. This can serve as supporting evidence for your claims.

FAQs About Upland, CA Personal Injury Laws

Q: How Much Do Personal Injury Lawyers Charge in California?

A: The amount a personal injury lawyer charges in California will vary based on a number of circumstances. Many personal injury lawyers charge on a contingency fee basis, so you only pay them if you win your case, and their payment is a percentage of your earnings. The percentage amount will vary for each attorney, so it is important to discuss these fees with your lawyer. That way, you can see exactly what they charge and what is included in their services.

Q: How Much Can You Sue for a Personal Injury in California?

A: The amount that you can file a claim for a personal injury in California will vary, depending on the circumstances of your case. For most cases, there is no cap in the amount of damages you can claim. However, there are exceptions, such as plaintiffs without auto insurance and medical malpractice cases. Your attorney can advise you on an appropriate amount to file for, given your circumstances.

Q: How Long Does It Take to Settle a Personal Injury Case in California?

A: The time it takes to settle a personal injury case will vary, depending on the details of the case. Generally, less complex cases will take less time, while more complex ones will take more. Factors that can make a case more complex include extensive and serious injuries, an inability to reach a settlement out of court, and the identity and number of the parties involved.

Q: What Percentage Do Most Personal Injury Lawyers Take?

A: Most personal injury lawyers take a percentage of the injured party’s earnings as payment if they win. The amount that each lawyer takes will vary, depending on their own discretion, location, and level of experience. However, there are certain industry standards in place where those seeking a lawyer can gauge how much they can expect to pay.

Contact Hobbs Law Group Today

If you suffered a personal injury as a result of someone else’s negligence, you do not have to handle the aftermath alone. You can be compensated for your injuries, and Hobbs Law Group can help. Contact us today to arrange a consultation.