Personal Injury Attorney in Fontana
A life-changing accident can occur in just a couple of seconds can have enduring implications on the lives of those involved. There are many times when the injured person will never even make a full recovery. In addition to the pain of the injury, the pressure of medical treatments and lost wages can place additional strain on the victim and their family.
Our personal injury law firm fully understands the ordeal that you are about to face and has extensive experience in helping those just like you find the compensation they rightfully deserve and get their lives back on track.
Table of Contents
- 1 How Much Does It Cost to Hire a Fontana Personal Injury Lawyer?
- 2 How is Personal Injury Defined?
- 3 Who Can File a Personal Injury Claim?
- 4 Is There A Time Limit for Filing a Personal Injury Claim In Fontana?
- 5 How Does California Law Define Fault in a Personal Injury Case?
- 6 Hire a Fontana Personal Injury Lawyer at McDonald Worley Today
How Much Does It Cost to Hire a Fontana Personal Injury Lawyer?
We don’t want financial issues to ever stand between our clients and their right to proper personal injury representation. For this reason, our services are offered on a contingency fee basis. This means that there will be no upfront charges. We will not charge you for our services, expertise, counsel or anything else unless we win the case and get you the compensation you deserve. So, let us handle the complex legal affairs while you get on with the important work of recovery.
How is Personal Injury Defined?
Personal injury cases are governed by personal injury law that provides the framework for ensuring that injured victims are properly compensated for their injuries by those parties responsible. Personal injury law is also commonly called “Tort’s Law” and covers all types of accidents. Intentional acts are also covered by personal injury law such as negligence, sexual assault, defamation, and defective products. The two essential constituents of any Fontana personal injury case are liability and damages. The questions to ask are “Who is at fault for the injuries or damages?” and “What is the nature of the damages sustained in the accident?
Another important point in many personal injury cases is the notion of negligence.. Negligence can best be defined as the lack of care that any reasonable person would apply in similar circumstances to avoid the accident which took place. The following four points must be established to prove negligence:
Companies and individuals in all sorts of situations have the duty to perform their activities with reasonable care to avoid not harming others or damaging property. For example, motorists driving cars, the doctor providing medical treatment, and proprietors of restaurants and hotels are responsible for public safety.
Breach is a violation of a legal obligation. In a personal injury case, this usually means that the defendant did not perform their obligation of acting as a reasonable and prudent person would and was therefore in breach. In other words, the defendant has to have known that their actions or inactions were potentially harmful.
Causation connects the injuries sustained to the breach itself. Negligence can only be established in court if the injuries were the result of breach.
The injuries sustained because of the breach are called the damages.
Who Can File a Personal Injury Claim?
Anyone – person or entity– can file a personal injury lawsuit so long as they suffered damages because of the willful or negligent actions of another person or entity. This works out a little differently from state to state. You will find that injuries sustained in the workplace are handled by the worker’s compensation branch. If you have been injured in the workplace, call the law office of McDonald Worley.
Is There A Time Limit for Filing a Personal Injury Claim In Fontana?
Under California law the victim of an accident only has a certain amount of time to file their personal injury claim, this is called the statute of limitations and can be different depending on the injuries sustained.. Here is what you can expect to see in the state of California regarding filing claims in the city of Fontana:
- Slander/libel – 1 year
- Personal Injury – 2 years
- Fraud – 3years
- Trespassing – 3 years
- Damage to property – 3 years
- Medical – 1 year from discovery; 3 years from when the injury is known
- Legal – 1 year from discovery; 4 years from the date of malpractice
- Veterinary – 1 year from death/injury of the animal
How Does California Law Define Fault in a Personal Injury Case?
California goes by the laws of comparative negligence. Comparative negligence laws seek to properly divide the responsibility for the accident and award compensation appropriately. Under these laws, those injured in the accident can still collect compensation for their damages even if they were partially responsible for what happened. Of course, the amount of damages they will be entitled to will be proportionate to the amount of responsibility they had in the accident.
Your compensation will be reduced by the percentage of your responsibility. For example, if your case were worth $100,000 in a settlement, but the investigation finds you were 20% responsible for the accident you would be entitled to only $80,000. An example of this would be if the defendant can prove negligence by showing that the plaintiff’s tail light was out. In California even if the defendant is found 99% at fault they can still seek damages for that remaining 1%, this is known as the Pure Comparative Fault Rule.
Hire a Fontana Personal Injury Lawyer at McDonald Worley Today
Our team of personal injury lawyers in and near Fontana, CA cares deeply about the welfare of our communities. Our commitment is to our clients and providing them with experienced legal counsel and compensation for their injuries.
If you have been injured because of someone else’s negligence or carelessness and are in need of legal advice on making your personal injury case, call our law offices and set up your FREE consultation.
Call (877) 721-3423 to speak with our representatives now. You can also contact us through our chat service on our official website.