Injury Lawyer in Ontario, CA

Ontario Injury Lawyer

If you've been injured due to someone else's negligence, you have the right to demand financial compensation for the losses you've suffered. But pursuing a personal injury claim is no simple task. Offenders and their insurance providers are backed by armies of lawyers ready to protect their clients. Who's looking out for you?

At the Law Offices of Tim D. Wright, we fight for personal injury victims. Where possible, we settle cases out of court so our clients can return to their lives. If needed, however, we put together a litigation strategy and take the case to trial. Either way, we stand by our clients from beginning to end so they can concentrate on recovering.

What Is Personal Injury?

The essence of a personal injury case is negligence. When another person, company, or even a governmental agency acts irresponsibly, others can get hurt. The injury is often physical, but it can also be psychological or emotional too.

"Negligence" is a legal term that means failure to exercise a proper level of care under the circumstances. Another way of putting it is failing to behave as a reasonably prudent individual would. Negligence can be demonstrated through someone's actions (like speeding or driving drunk) or through an omission (such as failing to remove a known hazard from one's company property).

To win a personal injury case, the victim needs to prove that the defendant was negligent. There are four specific components that are required under California legislation:

• Duty of care– The defendant must have owed a duty of care to the plaintiff. In some cases a duty arises out of a personal relationship between the parties, such as doctor and patient. However this isn't always necessary. For example, when you drive on a freeway, you owe a duty to other motorists not to be reckless.
• Breach– Next, the plaintiff needs to show that the defendant breached the duty of care. This is where the defendant's negligent acts and/or omissions are highlighted. It also covers situations where the at-fault party breaks a law or participates in deliberate wrongdoing. Breach is generally the most disputed part of a personal injury lawsuit.
• Causation– The offender's breach needs to really result in injury to the plaintiff. If the defendant acted negligently but didn't hurt the plaintiff, this component fails.
• Damages– These are the losses for which the plaintiff will demand financial compensation. A few of the most common damages are medical expenses, lost wages, lost earning capacity, as well as pain and suffering. The nature and amount of damages are hotly contested in the majority of personal injury cases.

Potential Damages In a Personal Injury Claim

The goal of a personal injury claim is to make the plaintiff whole via financial compensation. This compensation is known as damages, and some examples are:

• Medical expenses– This broad category can include everything from hospital bills and prescription drugs to physical therapy and special adaptive equipment to help with a victim's day-to-day activities.
• Lost income– While you recuperate or are hospitalized for your injuries, you will lose time from work and, with it, potentially significant amounts of money. You can ask a court to grant you damages to cover this lost income.
• Lost earning capacity– Your occupational prospects may be cut short or drastically restricted after a personal injury. An expert witness can help approximate the future income you will miss out on as a result.
• Pain and suffering– These damages account for the pain and psychological stress you will likely experience for some time to come. Although difficult to measure, they are essential to catastrophic injury cases.
• Loss of enjoyment of day-to-day life– It might not be possible to enjoy your normal daily activities, hobbies, and other passions after a bad injury. These damages help compensate you for the loss.
• Loss of consortium– This category refers to the deprivation of the benefits of a family relationship. It includes the loss of support, society, companionship, and sexual relationship between partners brought on by the injury.
• Punitive (exemplary) damages– In rare cases, an at-fault party can be subject to punitive damages. These are meant to penalize the wrongful party and deter others from engaging in similar conduct.

Are There Time Limits to File a Personal Injury Claim?

Your right to file a claim against a negligent party will not last forever. In California, personal injury cases are subject to what's called a statute of limitations. This sets a deadline for plaintiffs to submit their lawsuits before they lose the right to do so. For a personal injury, the statute of limitations is two years. In most cases, the clock begins to run when the injury takes place.

However, it's ideal not to procrastinate taking action on your claim. Witnesses' memories can diminish over time, proof will be more difficult to obtain, and you could forget critical details if you wait too long. If you or a loved one have been hurt, reach out to a committed Ontario personal injury lawyer.

How Can the Injury Lawyers of the Law Offices of Tim D. Wright Help Me?

Suing a defendant almost always means suing an insurance company, like an automobile insurer. Regardless, you can count on the offender's lawyers pushing back on your claims or making settlement offers that come nowhere close to covering your losses. You want an attorney that not only understands California personal injury law, but understands how to establish a reasonable value for your claim.

At the Law Offices of Tim D. Wright, we've assisted countless personal injury clients get the compensation they require to recuperate. We won't accept unjust offers and will defend you from beginning to end. Give us a call or complete the contact form today to get started on your case.