Irvine Personal Injury Attorney
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.
What Is a Personal Injury Case?
A personal injury case is a civil claim brought by a plaintiff who has sustained damages due to the actions of another party. Negligence is the key concept in any personal injury case; this term describes one party’s failure to uphold a duty of care in a given situation. Speeding or running a red light would be a violation of a driver’s duty of care. Negligent security that leads to the assault of an apartment building tenant would also constitute a personal injury. The possible reasons for a personal injury claim in Irvine, CA are countless, ranging from motorcycle accidents to truck accidents to dog bites and wrongful death lawsuits. Our trial attorneys can pursue compensation for fall accidents, insurance company settlement negotiations, defective products, and construction accidents. An experienced Orange County personal injury lawyer will help you sort out the details of your specific claim, leading to the best possible outcome or fair settlement.
Cases We Handle
The experienced Irvine personal injury attorneys at Bentley & More, LLP have experience with various areas of personal injury law.
- Medical malpractice
- Construction accidents
- Premises liability
- Car accidents
- Bicycle accidents
- Pedestrian accidents
- Wrongful death
This is not an exhaustive list. For instance, our Irvine brain injury lawyers are familiar with the California laws and statutes that apply to most personal injury and serious accident claims.
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
- Brain injuries
- Lacerations or puncture wounds
- Crush injuries
- Internal organ damage
- Internal bleeding
- Fractured or dislocated bones
- Severe burns
- Scarring or disfigurement
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. Additionally, individuals may have to contend with a loss of enjoyment of life if they sustain a disability or significant scarring and disfigurement. Our attorneys will fight to make sure that each Irvine personal injury victim recovers compensation for their seen and unseen injuries.
Types of Compensation Available for Your 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 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 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, unfortunately, discourages many potential plaintiffs from pursuing personal injury claims, even when they have very solid grounds for legal action. While some lawyers charge accident victims by the hour and can add up astronomical legal fees that may even eclipse the client’s net recovery in a case, Irvine personal injury attorneys like those at the law offices of Bentley & More, LLP offer contingency fee billing to ensure injured parties can secure legal representation when they need it most, regardless of ability to pay. With a contingency fee, the attorney takes legal fees from the case award and only collects fees for winning a case.
Filing a Personal Injury Claim in Irvine
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. The plaintiff’s attorney will serve a complaint to the defendant and file it with the court, giving the defendant an opportunity to respond. 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. In that case, you will need an expert Irvine personal injury attorney on your side to help with the litigation process.
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 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.