Irvine Personal Injury Attorney
Irvine Personal Injury Lawyer
When one party injures another through negligence or an intentionally harmful act, the injured party can pursue compensation for his or her injuries and other damages through a personal injury lawsuit. Like many places in Southern California, Irvine is ripe for injuries and car accidents.
If you or a loved one has sustained any type of injury due to the actions of another party, contact our Irvine personal injury attorneys today to schedule a free consultation with our skilled litigators.
Why Choose Bentley & More LLP for Your Irvine Personal Injury Case?
- Our Irvine accident lawyers understand that every claim likely has very different values in settlement and trial; we will settle a case when it is in the best interests of our client to do so but are also aggressive litigators who will pursue maximum compensation in the trial if necessary.
- Our Irvine injury attorneys work closely with clients to ensure carefully tailored representation that addresses a client’s unique issues with a case.
- Bentley & More LLP has received recognition from several professional legal associations including the Orange County Trial Lawyers Association, Super Lawyers, the American Board of Trial Advocates, and the International Academy of Trial Lawyers.
- Our personal injury law firm offers free consultations to potential new clients to help them choose the best legal options for them before making any type of financial commitment.
How Does the Law Define a Personal Injury Case?
A personal injury case is a civil claim brought by a plaintiff who has suffered harm due to the actions or negligence of another party. The central concept in any personal injury case is negligence, which refers to a party’s failure to uphold their duty of care in a specific situation. For instance, a driver who speeds or runs a red light would be violating their duty of care to other road users.
Personal injury claims can arise from a wide range of circumstances in Irvine, CA. Some common examples include:
- Motor vehicle accidents: Motorcycle accidents, truck accidents, and car crashes can result in serious injuries and give rise to personal injury claims.
- Premises liability: Negligent security in an apartment building that leads to the assault of a tenant would constitute a personal injury. Other premises liability claims might involve slip and fall accidents or dog bites.
- Defective products: If a consumer is harmed by a defective or dangerous product, they may have grounds for a personal injury claim against the manufacturer, distributor, or seller.
- Construction accidents: Workers injured on construction sites due to unsafe conditions, inadequate training, or defective equipment may be able to pursue compensation through a personal injury claim.
- Wrongful death: When someone’s negligence or intentional actions cause the death of another person, the deceased’s family members may be able to file a wrongful death lawsuit to seek damages.
Regardless of the specific circumstances surrounding your personal injury claim, an experienced personal injury lawyer at our law firm can help you with the legal process. This may involve negotiating with insurance companies to reach a settlement or representing you in court if necessary.
Personal Injury Cases We Handle
At Bentley & More LLP, our skilled Irvine personal injury attorneys have extensive experience handling a wide range of personal injury cases. We are dedicated to advocating for the rights of those who have suffered harm due to the negligence or wrongdoing of others.
Our team is well-versed in California personal injury law and is committed to securing compensation for our clients.
- Construction Accidents: Construction sites can be dangerous places, and accidents can result in severe injuries or even fatalities. We handle cases involving falls from heights, scaffolding accidents, crane accidents, electrocutions, and other construction-related incidents. Our team is familiar with OSHA regulations and industry standards, which allows us to effectively pursue claims against negligent parties.
- Premises Liability: Property owners have a legal duty to maintain safe conditions on their premises. If you have been injured due to a slip and fall, inadequate security, or other hazardous conditions on someone else’s property, our attorneys can help you seek compensation for your losses.
- Car Accidents: Auto accidents are among the most common causes of personal injury. We handle cases involving distracted driving, drunk driving, speeding, and other forms of negligence. Our team can help you navigate the complex insurance claims process and fight for the compensation you deserve.
- Bicycle Accidents: Cyclists are vulnerable on the road and can suffer severe injuries when involved in accidents with motor vehicles. We represent clients who have been injured in bicycle accidents, helping them recover damages for medical bills, lost wages, pain and suffering, and other losses.
- Pedestrian Accidents: Pedestrians are at risk of serious injury when struck by vehicles. Our attorneys advocate for the rights of pedestrians who have been injured due to the negligence of drivers, helping them secure the compensation they need to recover from their injuries.
- Wrongful Death: Losing a loved one due to someone else’s negligence is a devastating experience. We represent families who have lost loved ones in accidents, helping them pursue wrongful death claims to secure compensation for funeral expenses, lost income, loss of companionship, and other damages.
Types of Injuries We Help Clients With
Our attorneys assist clients who have sustained a wide range of injuries in the Irvine area. All of the causes of accidents listed above can lead to significant injuries for those involved. Some of the most common types of injuries that we help clients recover compensation for include:
- Spinal cord trauma: Damage to the spinal cord can lead to partial or complete paralysis, affecting an individual’s mobility and quality of life.
- Brain injuries: Traumatic brain injuries can cause cognitive impairments, memory loss, and changes in personality or behavior.
- Lacerations or puncture wounds: Deep cuts or punctures can result in significant blood loss, nerve damage, and scarring.
- Amputations: The loss of a limb can greatly impact an individual’s ability to perform daily tasks and may require extensive rehabilitation and prosthetics.
- Crush injuries: When a body part is compressed between two objects, it can cause severe damage to muscles, nerves, and bones.
- Internal organ damage: Blunt force trauma or penetrating injuries can cause damage to vital organs, leading to life-threatening complications.
- Internal bleeding: Injuries that cause bleeding within the body can be difficult to detect and may require emergency medical intervention.
- Fractured or dislocated bones: Broken or dislocated bones can cause significant pain, limited mobility, and may require surgery or extensive rehabilitation.
- Severe burns: Burns can cause excruciating pain, scarring, and may require multiple surgeries and skin grafts.
- Scarring or disfigurement: Visible scars or changes in appearance can have a profound emotional and psychological impact on an individual.
Our team also understands that the visible injuries sustained in these accidents are only half of the picture. There are significant unseen injuries that clients often sustain that also deserve compensation. This includes the physical and emotional pain and suffering, or distress caused by the injuries and the recovery process.
Types of Compensation Available for Your Personal Injury Claim
Personal injury victims in Irvine may be able to recover a wide range of compensation in the event their injury was caused by the negligent actions of another entity or individual. At Bentley & More LLP, our team has extensive experience handling negotiations with insurance carriers and other parties, and we also never hesitate to bring a case to trial if we need to. Our goal is to recover economic and non-economic damages on behalf of every personal injury client that we assist in the Irvine area.
Economic Damages:
Economic damages are those that you are likely to think of when an injury occurs. These are calculable expenses, and they will be on top of your mind because of the bills, receipts, and estimates that come in after the incident. When we say we work to recover economic damages, we are talking about recovering compensation for the following expenses:
- Emergency medical bills arising due to the incident
- All ongoing hospital and doctor visits
- Long-term physical therapy and rehabilitation
- Any necessary in-home medical care or medical devices
- Prescription and over-the-counter medications
- Lost wages if you cannot work due to your injury
- Loss of future earnings if you are disabled
- Property damage expenses
- Various household out-of-pocket losses
Non-Economic Damages:
Non-economic damages are not the same as the economic losses above, mainly because they do not necessarily have bills, estimates, or invoices that can be added up to reach a total. These are the more unseen losses caused by an injury – an attempt to recover compensation for what is often called pain and suffering damages. Our goal is to recover compensation for the following types of losses on your behalf:
- Physical pain and suffering damages
- Emotional and psychological distress
- Loss of quality of life and loss of enjoyment of life damages
- Loss of consortium on behalf of your spouse
How Much Compensation is Available in an Irvine Injury Claim?
There is no set amount of compensation paid to personal injury victims in the Irvine area. Rather, there are various factors that must be taken into account when considering a fair and adequate total for an injury victim. Some of the most important factors that influence the settlement or jury verdict amounts include the severity of the injuries and how long it takes to recover.
For instance, a person who breaks their arm and recovers in a few weeks will certainly not receive as much compensation as an individual who sustains a spinal cord injury that results in permanent paralysis.
Some other factors that can influence settlement amounts include the type of employment a person has, their education level, the level of disability they sustain, and the degree of any scarring or disfigurement. Additionally, any level of shared fault will be taken into account, as this could influence the settlement amount upward or downward.
What is Negligence in a Personal Injury Case?
You will often hear the word “negligence” when it comes to a personal injury case. The term negligence has a very specific meaning in these situations, and there are various elements that must be present in order to determine negligence. That person will be found to have been negligent if the following elements have been met:
- Duty. The first step in determining negligence is showing that there was a duty of care owed by the defendant (the person alleged to have caused the injury) to the plaintiff (the injury victim). This duty of care will look different depending on the type of injury claim that occurs in Irvine. For example, a property owner owes a specific duty of care to any person allowed on their premises, and this includes maintaining a safe environment. However, the duty of care that a driver owes to others will look different. All drivers must maintain the safe operation of their vehicles in order to ensure the safety of those around them.
- Breach. After establishing that there was a duty of care owed by the defendant to the plaintiff, it must be shown that the defendant breached their duty in some way. Property owners can breach their duty of care if they fail to inspect and maintain their premises appropriately for their guests. Drivers can breach their duty of care if they operate their vehicles while intoxicated or distracted. Nursing home operators can breach their duty of care if they fail to provide medical treatment for their residents.
- Causation. After establishing that there was a duty of care and a breach of that duty, it must be shown that the breach is what actually caused the victim’s injuries. In some cases, individuals may sustain injuries that did not have to do with the actual breach of duty, in which case a person would not be able to recover compensation.
- Damages. The last step in determining negligence is showing that the breach of duty led to the individual sustaining injuries that caused monetary damages. This can include medical bills, lost wages, pain and suffering damages, property damage expenses, and more.
How Much Does an Irvine Personal Injury Lawyer Cost?
The cost of legal fees often discourages many people from pursuing personal injury claims, even when they have solid grounds for legal action. While some lawyers charge people by the hour, which can lead to substantial legal fees, Bentley & More LLP offers contingency fee billing.
Contingency fee arrangements provide a solution to the financial barriers that can prevent people from pursuing legal action. Under this billing structure, the personal injury lawyer agrees to take on the case without requiring any upfront payment from the client. Instead, the attorney’s fees are contingent upon the successful outcome of the case, typically a percentage of the total settlement or award.
This arrangement benefits clients by allowing individuals who may not have the financial means to pay for legal services upfront to still obtain quality representation. It also aligns the interests of the personal injury lawyer and the client, as the attorney is motivated to work diligently to secure the best possible outcome for the client.
While contingency fees eliminate the need for upfront payments, clients may still be responsible for certain out-of-pocket expenses related to the case. However, many personal injury attorneys will advance these costs and only recover them if the case is successful.
Filing a Personal Injury Claim in Irvine
Statute of Limitations
The first step in filing any personal injury claim in California is ensuring your claim meets the statute of limitations or time limit for filing. In California, the statute of limitations is two years, starting on the date of injury or the date the plaintiff discovered the harm caused by the defendant.
Serving a Complaint
The plaintiff’s attorney will serve a complaint to the defendant and file it with the court, giving the defendant an opportunity to respond.
Settlement vs. Trial
Most personal injury claims end with a settlement; ending the case as quickly as possible is generally in both parties’ best interests. However, if the defendant fights liability for the plaintiff’s claimed damages, the case will proceed to trial.
Importance of an Irvine Personal Injury Attorney
In the case of a trial, you will need an Irvine personal injury attorney on your side to help with the litigation process. An experienced personal injury attorney can guide you through the complexities of the legal system and fight for your rights to ensure you receive the compensation you deserve.
Contact An Irvine Personal Injury Lawyer Today
If you or a relative suffered injuries and economic damages due to another party’s negligence in Irvine, CA, our injury and auto accident law firm can help you recover compensation for your damages and help with your recovery. Contact a personal injury lawyer at Bentley & More LLP today to schedule a free case evaluation with personalized attention from one of our experienced attorneys. Call today at (949) 870-8300.