A “personal injury” is any incident in which one party’s actions result in harm to another party. These incidents happen in various ways, and no two victims will face the same path to recovering their losses. When you or a loved one has suffered any injury and/or economic loss due to the actions of any other party, you can seek accountability and compensation for your damages through a personal injury claim.
A civil claim for damages requires identifying the party responsible for harming you, proving the extent and total value of the harm done, and establishing clear causation between your claimed damages and the defendant’s negligence or intentional misconduct. Even if the defendant’s fault for a recent personal injury seems clear to you, the actual legal process of holding them accountable for your losses is likely more challenging than you expect.
Belgum, Fry & Van Allen provide comprehensive, compassionate, and client-focused legal counsel to personal injury clients in Azusa and surrounding communities of southern California. Our team can help you identify the most important challenges and opportunities ahead of you if you intend to file any type of personal injury claim in Azusa, CA.
While it may be technically possible to pursue a civil claim for damages on your own, this isn’t advisable if you’re recovering from an injury or caring for a loved one during their recovery. Success with a civil claim requires meeting very strict filing deadlines with the civil court, filing necessary pre-trial motions, and accurately calculating the full scope of damages you intend to list in your complaint.
You may be able to meet basic deadlines and calculate immediately recognizable damages after a personal injury. However, an experienced attorney can not only streamline your case proceedings but also increase your total case award by a substantial margin. Belgum, Fry & Van Allen know how to uncover all the channels of compensation available to our clients after a personal injury. We take time to carefully evaluate each client’s unique situation to ensure we provide the level of representation necessary for maximizing their compensation.
Instead of attempting to manage your medical needs and your case filings at once, have an experienced legal team handle your case proceedings, so you pay attention to your recovery with some peace of mind. Our firm takes time to learn as much as possible about every client we represent, developing individually tailored legal strategies for every claim. Rest assured that while no attorney can ever guarantee their client a specific outcome to their case, we will do everything we can to resolve your case as quickly as possible with the best case award possible under California law.
When you need legal counsel to recover from a personal injury, it is essential that you choose an attorney who is familiar with cases like yours. Belgum, Fry & Van Allen are a team of experienced and compassionate attorneys who have successfully represented many past clients in a variety of cases, such as:
A personal injury claim can arise from an intentional act of violence, such as an armed assault and robbery or an act of domestic violence. In this situation, the defendant faces criminal prosecution from the state as well as civil liability for the victim’s damages. An experienced Azusa personal injury attorney is a critical asset who can provide valuable guidance in this type of case. However, most personal injury claims filed in California pertain to acts of negligence or failures to apply reasonable care in specific situations.
The term “negligence” broadly applies to any incident in which one party fails to exercise reasonable care, acts with disregard for their safety or the safety of others, or does not fulfill adherence to a specific standard of reasonable care. For example, driving a motor vehicle while looking at a cell phone would be a direct violation of the driver’s duty of care to operate their vehicle attentively at all times.
To succeed with any personal injury claim in California, the plaintiff must establish several components of negligence to hold the defendant appropriately accountable:
Personal injury plaintiffs in California need to remember that more than one party can share fault for a personal injury. For example, if your personal injury is a consequence of a car accident involving multiple vehicles, more than one driver could bear liability for your damages. It is also possible that you could be partially responsible for your damages.
When a plaintiff shares liability for a personal injury in California, the pure comparative negligence statute will apply. This means that the plaintiff could still recover compensation for their damages, but they lose a percentage of their case award reflecting their own percentage of fault for causing the accident. For example, if a judge determines that a plaintiff bears 25% of the fault for a $200,000 personal injury claim, the plaintiff loses 25% of the case award and their net compensation is $150,000 instead. Depending on the level of fault you bear and the total value of your case, even a slight comparative fault can significantly diminish your recovery.
An experienced Azusa personal injury attorney is the best asset to have on your side when it comes to proving fault for a personal injury and for proving the full extent of the damages resulting from a personal injury in California. Belgum, Fry & Van Allen can help clients recover maximum compensation for their damages, both immediate and future. We can help obtain physical evidence from the location of your personal injury, secure testimony from eyewitnesses who saw your injury happen, and even consult expert witnesses if necessary to resolve your case.
When you have successfully proven that another party’s negligence or misconduct caused your personal injury, the defendant is liable for all damages resulting from their actions. While the average person can likely calculate damages like medical bills and lost income from the time they were unable to work, they could struggle with more complex damages like anticipated future medical bills, lost future earning capacity, and other long-term losses caused by the defendant.
California’s personal injury statutes enable plaintiffs to seek full compensation for any economic losses suffered because of a defendant’s actions. Depending on the scope and severity of your injury, your claimable economic damages may include:
Some personal injury claims may also involve other economic damages like lost profitability, reputational damage, or lost business value. It is also possible for the plaintiff in a personal injury claim to seek compensation for the experience itself as well as its effects.
While it may sound difficult to assign monetary values to abstract concepts like physical pain and psychological trauma, these are claimable losses in a California personal injury claim. State law enables a plaintiff to seek compensation for physical pain, emotional distress, and psychological trauma of any kind resulting from a defendant’s negligence or misconduct.
Your Azusa personal injury attorney will help you determine an appropriate amount of compensation to seek for your pain and suffering. California does not limit the amount of noneconomic damages a plaintiff can seek in a personal injury case, with the single exception of medical malpractice claims (noneconomic damages in medical malpractice claims are limited to $250,000 under California state law).
If your personal injury case does not fall within the purview of medical malpractice, there is no limit to the amount of pain and suffering you can seek from the defendant. Your Azusa personal injury attorney will help you determine an appropriate amount of compensation based on the severity of your injuries and the level of permanent harm you have experienced.
When a plaintiff has sustained a painful injury that is expected to heal in the near future, their attorney might seek a “per diem” pain and suffering arrangement that awards a certain amount of compensation each day until the plaintiff reaches maximum medical improvement. Alternatively, if a plaintiff has sustained permanent damage from their personal injury, their attorney is more likely to seek a large lump sum of pain and suffering compensation to reflect the severity of their client’s condition.
If you find the right Azusa personal injury attorney to handle your claim, you could resolve the matter more quickly and with better results than you initially anticipated. When you choose Belgum, Fry & Van Allen to represent you in a personal injury case, we strive to settle the case as quickly as possible. A swift settlement provides the compensation you need to recover from your injury as soon as possible. This process requires both parties to participate. If the defendant denies liability or disputes the range of damages sought by the plaintiff, settlement may not be possible.
Whether you received a settlement offer from a defendant or they have completely denied liability for your damages, an experienced Azusa personal injury attorney can assist you indetermining the best method for resolving your claim. The settlement process may require both parties to compromise, but if they can’t resolve in this manner, their case must proceed to court. If you resolve a personal injury claim through litigation, the judge handling your case has the final say on the matter.
Belgum, Fry & Van Allen can provide the representation you need to approach civil litigation with greater confidence. We’ll work toward settling your case for the most compensation possible, but if this isn’t an attainable result for any reason, we are prepared to represent you in court. Our team has helped many past personal injury clients approach their cases with greater peace of mind and have obtained substantial case awards for them. We’re ready to put this professional experience to work in your personal injury claim.
A: Legally, there is no obligation for you to hire legal counsel in a civil claim for damages. However, you are far more likely to succeed with your claim and maximize your recovery with an Azusa personal injury attorney’s assistance. The right attorney can help you make informed decisions about your case and streamline your recovery efforts substantially.
A: California’s statute of limitations, or time limit for filing a personal injury claim, is two years from the date the injury in question happened. This means if a personal injury occurred on January 1, 2022, the plaintiff would have until January 1, 2024, to file their personal injury claim. This time limit may toll or delay if the cause of a personal injury can’t be immediately determined and/or the defendant takes steps to conceal their liability in any way.
A: The total value of a personal injury claim in California hinges on the scope of the damages the defendant caused. Your attorney can help you calculate your economic losses like medical expenses, lost income, and property damage. They can also assist you to secure compensation for projected future losses resulting from the injury in question, such as ongoing medical treatment costs and lost future earning capacity. You can also recover compensation for pain and suffering in proportion to the severity of your injury and any long-term complications you face because of it.
A: The vast majority of all personal injury claims filed in California end in settlement negotiations. The settlement process is beneficial to both parties in that it enables a speedier resolution than litigation would allow, and this translates to lower legal fees for both parties. They also have more control over the outcome and are more likely to reach a mutually agreeable settlement, whereas the judge would have the final say on the outcome of a litigated personal injury claim.
A: It is always worth investing in experienced legal counsel for any type of personal injury claim in the Azusa, CA area, but it’s understandable to have concerns about your legal fees when you are already reeling from the effects of a personal injury. Belgum, Fry & Van Allen accept personal injury cases on a contingency basis, meaning there is no cost for our firm’s representation if we do not secure a settlement on your behalf, and any fee we take will only be a percentage of the final case award.
Belgum, Fry & Van Allen are a team of experienced California attorneys who have successfully represented many past clients in all manner of personal injury claims. We know the challenges you are likely to face in your recovery efforts after another party has injured you or someone you care about. We also know the best methods for maximizing the compensation you could obtain from a successful civil suit against them. Whatever your claim entails, we can provide the comprehensive and compassionate legal counsel you need to approach the situation with confidence. Contact us today and schedule your free consultation with an Azusa personal injury attorney.