Residents of the Inland Empire enjoy the many benefits of life in Southern California, including beautiful weather and natural surroundings, in an impressively safe and affordable community. Unfortunately, residents of Riverside still suffer personal injuries from traffic accidents, falls and other dangers.
If you’ve been injured as a result of the negligence, recklessness or intentional behavior of another, you need one of the best personal injury lawyers in Riverside, CA, on your side.
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Filing a Personal Injury Lawsuit in CA
California is home to more than 11% of the country’s population, counting 30 million residents in 2020. If California were a country, it would be the 5th largest economy in the world. Because of its size and economic strength, California laws can differ significantly from those in other U.S. states.
If you are injured in California, you may be able to file a civil lawsuit to recover compensation for your injuries. In the U.S., every state’s laws are different, so it’s helpful to know a few basics about the law that applies in your case. These can help you determine whether you may be entitled to file a personal injury lawsuit. If you have a claim and need to know how to pursue a lawsuit, consult with a personal injury lawyer.
CA Statute of Limitations for Personal Injury Claims
Most states have a statute of limitations for personal injury claims that limits the amount of time you have to file a lawsuit for your injuries. California has a two-year statute of limitations on most personal injury claims; in general, you must file a lawsuit within two years of your injury. The court may dismiss claims filed after that period, causing you to lose your right to recover damages.
If you have claims against a city, county or state agency in California, you only have six months to begin a lawsuit. Lawsuits against municipalities or government agencies also have other procedural rules and requirements that you must follow; if you do not file these claims correctly and on time, you may lose your right to recover.
It’s never too soon after an injury to contact an experienced personal injury attorney, but it can be too late. Even the best personal injury lawyers can’t help you recover if the statute of limitations has expired. However, some circumstances can extend the statute of limitations, giving you more time to file a claim. An attorney can help you determine whether you meet any exceptions or whether your situation could warrant an extension.
California Laws for Personal Injury Claims
Every state’s laws about personal injury laws are different. Some important California laws that may be relevant to personal injury cases include:
- Limits on medical malpractice recovery. California caps some types of damages in medical malpractice cases. There is no limit on the amount of “special” damages (economic damages) you can recover, such as medical bills, expenses and lost wages. However, there is a maximum recovery of $350,000 for non-economic or general damages like pain and suffering. This cap increases every year through 2033 until it reaches $750,000.
- Limits on auto accident recovery for uninsured drivers. Uninsured drivers can usually not recover non-economic damages in a car accident case unless the other driver was both under the influence of drugs or alcohol and at fault for the accident.
- Strict liability for dog bites. In California, a dog owner is liable for injuries their animal causes to others as long as they occur in a place the victim is entitled to be (i.e., a public place or private property with permission). This is true even if the dog has no history or indications of violence, although there are exceptions for cases where the victim provokes or harasses the animal.
Identifying Fault for a California Personal Injury Claim
California and federal laws establish legal obligations for individuals and corporations. If a person or company’s conduct doesn’t comply with these requirements and causes harm, they may be liable for damages. Although some injuries result from unavoidable accidents or occurrences, many are caused when a person or company simply fails to use the care required by law. This is called negligence.
A person damaged by someone’s negligence may be able to recover compensation for their damages in a personal injury lawsuit. To do so, they must show that another person or entity owed them a legal duty, breached that duty and caused them injury and damage.
Sometimes, a person’s injuries are partly due to their own conduct. California accounts for any shared fault using a system called pure comparative negligence. Under this approach, the court determines how much fault to assign each party and reduces their damages accordingly. Even if a person is 75% at fault for an accident that caused their injuries, they may be able to recover 25% of their total damages..
How Can an Attorney Help You?
Consulting with an experienced personal injury lawyer soon after your injury can help you determine which claims you may have and ensure that you preserve your legal rights to file timely actions. An attorney can help you compile a complete, organized summary of all damages that may be compensable and the documentation you need in support of your claim. They can help you document your treatment progress and limitations and recommend treatment providers who can work with you to defer payment until you collect from the responsible parties.
A personal injury attorney can also work with you to explore government or private benefits that may apply to your situation. For example, Social Security Disability Insurance (SSDI) benefits may be available if your injuries leave you severely physically or mentally disabled. You may also be entitled to pension benefits from a union, Medicare payments, Veterans’ Administration (V.A.) benefits or other private insurance benefits related to your injury or disability status.
The best personal injury attorneys can help you pursue a settlement or verdict from the party responsible for your injury without endangering your eligibility for these programs and services.
How to Find the Best Personal Injury Lawyer in Riverside, CA
The following steps can help reduce the stress of finding the right lawyer.
Ask for a Referral
If you’re looking for a lawyer you can trust, turn to the people you trust: friends, family and members of your community. Use your social media and encourage your friends to share your request with their networks if you don’t immediately get some referrals.
Make Sure Your Attorney Has Experience With Your Type of Case
There are many different types of personal injury cases, from motor vehicle accidents to defective products to premises liability cases. It’s a good idea to ensure the attorney you work with has experience handling similar cases to yours, especially if your situation involves complicated questions of liability or specialized knowledge.
Ask About Trial Resources
Although most personal injury claims settle, if you have a high-value or complex personal injury claim, you need a lawyer with the experience and resources to take your case to trial if appropriate. Larger firms may be better positioned to resolve complex, high-stakes claims.
Find out About the Fee Structure
Personal injury attorneys often take cases on a contingency fee basis, collecting a percentage of any compensation you recover as their fee. Make sure you understand in advance the percentage of your compensation payable to the lawyer and how legal fees and costs are calculated and paid. California law limits an attorney in a medical malpractice case to collecting 40% of the first $500,000 recovered, 25% of the next $500,000 and 15% of any amount recovered over $600,000.
Understand How Your Attorney Communicates
It’s crucial to have good communication with your attorney because lawsuits can take a long time and involve many stressful situations. Make sure you speak each other’s language (both literally and figuratively) before you sign a retainer agreement.
Ask About Past Cases
Although attorney-client confidentiality prevents attorneys from disclosing details about past cases, it’s okay to ask for some evidence of past successes (like verdicts and settlement reports). The best personal injury lawyers in Riverside, CA will generally share testimonials from happy clients and can provide you with references upon request.
Methodology
To come up with the Best Personal Injury Lawyers in Riverside, CA 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we consider factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & Honors
Forbes Advisor collects public data from various sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when facing a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
Do you have to pay taxes on a California personal injury settlement?
Generally, you don’t have to pay state or federal taxes on damages awarded as compensation for physical injuries or property damage. This includes compensation for pain and suffering, lost wages and medical expenses. However, punitive damages or interest on a settlement may be taxable. An experienced lawyer can help you determine which parts of a settlement are taxable and advise you about ways to minimize your tax liability.
How do you calculate a settlement in a personal injury case?
Insurance adjusters use a formula to make their initial settlement offer for a personal injury claim. They base this primarily on the costs of your medical expenses, property damage, wage loss and other economic damages. Calculating the full value of your claim involves adding these special damages to an amount of general damages that fully compensate you for non-economic injuries like pain and suffering.
Pain and suffering awards may vary depending on the facts of each case. Two common ways of calculating pain and suffering damages are the multiplier method (between one to five times the economic damages) and the per diem method (the daily value of your pain and suffering times the number of days you suffered).
How long does a personal injury case take in California?
Every case is different. Some resolve without filing a lawsuit through private negotiations, mediation or arbitration. Many others settle during the litigation process. Others may go all the way through a jury trial. The process can take weeks, months or years, depending on the complexity of the case, the facts that are at issue between the parties and the number of other matters that the court has on its docket (cases pending in the system).
The 2023 California Rules of Court set a goal of resolving civil lawsuits within two years after they enter the court system. Judges try to schedule cases so they move through the court efficiently, but many factors can delay the process. Having an experienced personal injury lawyer review your case can give you a better idea of how long you can expect it to take.