Montclair Personal Injury Lawyer

Montclair Personal Injury Attorney

Accidents can happen to anyone at any time. Unfortunately, some accidents can lead to minor or severe injuries. No matter which type of injury you may suffer, you could face medical costs, lost wages at work, and future medical expenses, and you could be left with significant life changes as a result. However, with the help of a Montclair personal injury lawyer, you don’t have to be stuck with the costs when those injuries are the result of someone else’s negligence.

At The Law Offices of Christian J. Amendt, our team has over 24 years of experience representing our clients as if they were a part of our family. We know how dramatically an injury can impact not just you but also your loved ones. With compassion and empathy, we work tirelessly to fight for the compensation you may be entitled to. You shouldn’t have to face the difficulties facing you alone. Choose an experienced lawyer who treats his clients with care.

With the Help of a Personal Injury Lawyer

You may be hesitant to hire a personal injury attorney or assume that your insurance will help to recover the damages you are owed. However, with an experienced attorney on your side, you not only gain valuable legal knowledge but also someone who is working on your behalf with your interests in mind.

In many personal injury claims, the parties involved will seek to settle rather than litigate the matter in court. Your attorney will help by negotiating and communicating with the other party on your behalf. From navigating the difficulties of the opposing insurance company to negotiating with the other party’s legal team, a personal injury attorney can help ensure you aren’t taken advantage of and that your rights come first.

You are not required by law to hire an attorney in Montclair, and you may be hesitant because of the costs. However, the likely financial outcome you may see with the help of an attorney may be significantly higher than trying to approach the legal battle on your own. When it comes to your claim, your legal team can help with many of the following elements:

• Investigating and reconstructing an accident scene
• Ensuring that evidence is properly collected and preserved.
• Ensure witnesses are interviewed and proper statements are collected.
• Ensure that paperwork is properly prepared and submitted in a timely manner.
• Use their knowledge to navigate the legal deadlines and procedures.
• Use their connections to bring in experienced professionals who can speak to elements of your claim.
• If your claim goes to trial, they serve as your legal representation.

While this list is not all-encompassing of how an attorney can help in your case, it does highlight many of the benefits that you can receive from a knowledgeable and experienced team such as ours.

Types of Personal Injury Claims

There are a number of different types of personal injuries you or a loved one may suffer from, depending on the circumstances of your accident. There are several accident types that may allow you to seek compensation from a responsible, negligent party. Types of personal injury claims our team handles include:

• Motorcycle, truck, or other vehicular accidents
• Cases in which the victim suffers a traumatic brain injury.
• Accidents involving localized transportation services such as buses or taxis.
• Pedestrian accidents, including those on a bicycle.
• Injuries suffered as the result of defective products or machinery.
• Injuries suffered as the result of negligent maintenance or safety on the premises of another party.
• Injuries suffered from improperly restrained dog bites.
• Accidents at construction sites
• Accidents in which you suffer a spinal cord injury, neck injury, or other severe head injury.

These are just a few of the common examples of personal injury claims that our team can help you with. No matter what type of personal injury claim you may be facing, The Law Offices of Christian J. Amendt can help.

Laws Applicable to Personal Injury Claims

Depending on the circumstances of your personal injury claim, different laws will be applicable that govern not only your rights in the case but also who may be held responsible for potential damages. Some common examples include:

• Car and motorcycle accidents. California is not a no-fault state in regard to car accidents. The driver determined to be at fault for the accident may be held liable by the other parties, and their insurance is expected to cover the losses experienced by the other drivers.However, fault can be shared by all parties, which may mean there is a financial responsibility to split. If you are 40% at fault, you may only be able to recover 60% of the damages from the other party.
• Truck accidents. For accidents involving commercial trucks, you may need to navigate state policies and corporate insurance companies. You may also need to understand the federal guidelines that regulate the trucking industry. In the event of an accident with a truck, the driver will likely need to undergo a drug and alcohol test, and the maintenance of the truck will come into question. Any violations can be used as part of the claim.
• Product liability. Consumer and commercially used products are expected to perform in the way they are advertised when used correctly. If the product fails due to manufacturing flaws, improper designs, negligent advertising, or more, then any party in the lifeline of the product could be responsible for damages suffered. If this failure occurs at work, you may be entitled to workers’ compensation.
• Slip and fall. These are the most common types of accidents and can occur for a number of reasons. However, property and business owners have an obligation to display proper signage in slippery areas or fix areas of damage that could cause slips, falls, or trips. Failure to do so means they could be held liable for the injuries you suffer. You will need to prove they were aware of the damage and failed to properly maintain it.
• Wrongful death. One of the most tragic situations in any personal injury case is when a person succumbs to their injuries. If a loved one loses their life from an injury caused by the negligence of another, you and your family have a right to seek damages for the wrongful death of your loved one. This type of claim is restricted to the spouse, domestic partner, child, or a person entitled to the deceased’s estate.

No matter what type of personal injury accident you or a loved one may be the victim of in Montclair, California, get the help that you deserve from the team you can trust at The Law Offices of Christian J. Amendt.

FAQs About Montclair, CA Personal Injury Laws

Q: What Percentage Do Most Personal Injury Lawyers Take?

A: Each attorney has the right to charge fees as they see fit; however, the general rule is that attorneys will earn 33% of the total settlement, although these may not be the only costs incurred. Additional costs could include filing fees or court costs, and if the trial goes to litigation, the exact amount owed to your attorney could be much higher. Inquire about fees during an initial consultation.

Q: What Is Personal Injury Law in California?

A: Personal injury law is the term applied to civil claims that seek to settle cases in which one party feels another has caused them injuries as the result of recklessness, carelessness, intentional acts, or omissions of facts. This type of law sets the precedent for which claims can be filed, as well as the rights of all parties involved throughout the process.

Q: Does California Have Any Laws That Limit Personal Injury Damages?

A: Personal injury claims in California do not have any damage caps placed on what a plaintiff may be seeking or what they could be awarded. If, however, the personal injury claim is one of medical malpractice, there is a cap of $250,000 for any award that is the result of judgment for pain and suffering or other non-economic damages.

Q: Is Emotional Distress Considered Personal Injury in California?

A: Anyone who suffers emotional distress as the result of the actions or behaviors of others may be able to file a personal injury claim in California. Personal injuries do not need to be physical injuries but could also be psychological or emotional. You will want to work with your attorney to identify the evidence needed to prove the distress, which will likely include the opinion of an experienced medical professional.

Montclair Personal Injury Lawyer

No matter what the circumstances of your personal injury claim may be, you deserve an attorney on your side with the experience to help you fight for the damages you may be entitled to recover. The team at Law Offices of Christian J. Amendt, works passionately for you as if you were a member of our own family.

We believe that you deserve someone on your side who can focus on your claim while you focus on your treatment. Contact our offices today for more information on how our team can help.