Helping You Pursue the Financial Compensation You Deserve

After an injury caused by someone else’s negligence, you may be facing lost wages, mounting medical bills, and physical pain. Our legal team is ready to help you hold responsible parties accountable. We serve as dedicated advocates, providing the legal support you need to rebuild your life after a serious accident.

Schedule an initial consultation with our team today for help. 

Local Representation for Ontario Accident Victims

Ontario is a logistics and transportation hub in Southern California. The risks of accidents are high on the streets and freeways around Ontario International Airport, and at the intersection of I-10 and I-15. When a collision occurs, the consequences can be devastating, changing a life forever. We live and work in this community and know the local courts and the challenges residents face when dealing with insurance companies.

Victims of negligence may seek damages for their losses under California law. Each person is responsible for injuries they cause to others, either willfully or through lack of ordinary care or skill in management of their person or property, as stated in the California Civil Code Section 1714. This statute is the basis for most personal injury claims in the state.

Legal Support for Injury Claims

Personal injury covers a wide range of incidents. Our firm handles a variety of cases, including the following:

• Motor vehicle accidents: This includes car crashes, motorcycle accidents, and pedestrian accidents on busy streets.
• Commercial truck collisions: Accidents involving big rigs coming from local distribution centers require specific legal knowledge.
• Slip and fall accidents: Property owners have a duty to maintain safe premises for customers, visitors, residents, and employees.
• Workplace injuries: Although many work-related injuries fall under workers’ compensation, a third-party claim may exist if an outside entity caused the harm.
• Wrongful death: Families who suffer the loss of a loved one because of someone else’s negligence may seek justice through a civil wrongful death lawsuit.

Compensation Available in California Personal Injury Cases

Many accident victims are not aware of the full extent of the damages they can recover.

Damages fall into the following two main categories under California law:

• Economic damages: These are tangible, quantifiable losses, which may include past and future medical expenses, lost wages or earnings, and diminished earning capacity.
• Non-economic damages: This is compensation for subjective, non-monetary losses, including physical pain and suffering, emotional distress, and loss of enjoyment of life caused by the accident.

Proving Negligence in California

Personal injury claims are based on the legal concept of negligence. To prevail, we must prove the following four elements:

• The defendant owed you a duty of care (for example, the other driver had a duty to follow traffic laws).
• The defendant breached that duty (by speeding, driving distracted, etc.)
• The breach of duty caused your injuries.
• You suffered actual damages as a result.

California follows a pure comparative negligence system. If you were partially at fault for the accident, you can still recover damages, although your percentage of fault will reduce your total compensation. For example, if you were awarded $100,000 but found to be 10% at fault, you would receive $90,000. We work to minimize your liability to maximize your recovery.

Dealing with Insurance Companies

Insurance adjusters often contact victims shortly after an accident. Their goal is to minimize their payout by settling the claim for the lowest amount possible. Adjusters may ask for recorded statements or offer a quick settlement that does not cover future medical costs.

We advise our clients to avoid speaking with adjusters until they consult with an attorney. Our firm handles all communications with insurance companies so you can focus on your recovery. We prepare our cases as though they were going to trial, which gives us more leverage during settlement negotiations.

Common Questions About California Injury Claims

What is strict liability in California dog bite cases?

Dog owners are strictly liable for injuries their animals cause to others under the California Civil Code Section 3342. If a dog bites a person who is in a public place or lawfully on private property, the owner is liable for damages. There is no one-bite rule in California, and no need to prove that the owner acted carelessly or knew the dog was aggressive. If you were bitten by a dog and were not trespassing or provoking the animal, the owner is responsible for your medical bills and other losses.

How are injury settlements for minors handled in California?

A minor cannot sign a legally binding settlement agreement. The court must review and approve the settlement through a Minor’s Compromise process, in which a parent or guardian signs on behalf of the child. A judge reviews the settlement to ensure it is fair and reasonable, and the court orders how the money will be held. Most commonly, the funds are held in a bank account and released when a minor reaches age 18, or 21 in some cases.

How does a medical lien affect an injury settlement?

A healthcare provider or insurance company may file a medical lien, which is a legal claim against your final settlement or jury award. A doctor or hospital that provides treatment on a lien basis agrees to wait for payment until the case is concluded. All such liens must be satisfied before funds are distributed to you.

California Civil Code Section 3040 sets limits on how much a health insurance carrier can take from a recovery. We review every lien to ensure the amounts are accurate and negotiate with providers to reduce the total amount owed.

What is the California Tort Claims Act?

Special rules apply to injury claims involving public entities, such as a government vehicle, a city bus, or a dangerous condition on a public sidewalk. Under the California Tort Claims Act, an injury victim must file an administrative claim with the specific government agency involved before filing a lawsuit. The deadline for these administrative claims is significantly shorter than the standard two-year limit. Typically, you must file a notice within six months of the date of the incident. Failure to do so could permanently bar you from seeking compensation.

Can spouses recover compensation for their own losses?

In California, the spouse or registered domestic partner of an injured person may file a claim for loss of consortium. He or she may seek compensation for loss of companionship, affection, moral support, and intimate relations resulting from the partner’s injuries. These non-economic damages recognize the impact a serious accident can have on the entire family unit and the injured person.

What is the collateral source rule?

The collateral source rule is a legal principle that prevents defendants from reducing their liability by showing that plaintiffs received compensation from independent sources. For example, if your health insurance paid for your medical treatment after a car accident, the defendant cannot use those payments as a reason to pay you less. This rule ensures that negligent parties remain fully responsible for the harm they have caused.

When are punitive damages available?

Also known as exemplary damages, punitive damages are designed to punish the defendant and to deter similar actions in the future. They are not available in every personal injury case. Under California law, the plaintiff must prove by clear and convincing evidence that the defendant acted with malice, oppression, or fraud. Punitive damages are common in cases involving extreme recklessness, such as an accident caused by a driver who was under the influence or a company that knowingly ignored safety regulations.

What is the difference between a wrongful death claim and a survival action?

Although both types of claims involve fatal injuries, they serve different legal purposes. A wrongful death claim is a lawsuit brought under the California Code of Civil Procedure Section 377.60. Its purpose is to compensate surviving family members for their personal losses, such as funeral and burial expenses, and loss of companionship.

A survival action under Section 377.30 is brought by the decedent’s personal representative. It allows the estate to recover damages for losses suffered by the deceased before his or her death. These may include medical bills incurred between the injury and death, property damage, and lost wages. Essentially, a survival action carries on the claim the deceased person would have had if he or she had lived.

Contact an Ontario Personal Injury Attorney

The path to recovery begins with a single step. Our personal injury attorneys take a hands-on approach and use clear and open communication. If you have been hurt in an accident that was someone else’s fault, we are ready to provide the guidance and advocacy you need.

 Call the BC Miles Law Group at 909-451-7005 to schedule an initial consultation.