A serious personal injury is a tremendous stress and hassle, but it’s magnitudes worse when another person causes the accident and injury. Whether it was a car or truck crash, slip and fall, dog bite, or pedestrian accident, you can be entitled to compensation for your losses. You can count on our highly-rated Montclair personal injury attorney at Banderas Law to assist you.
Montclair Personal Injury Guide
Why Choose Us?
The Montclair personal injury lawyers at Banderas Law have decades of distinguished experience providing outstanding civil lawsuit assistance to clients in California. We provide legal aid to people injured in motor vehicle accidents, dog attacks, premises liability cases, etc. Our Montclair personal injury attorneys are focused only on personal injury and workers’ compensation cases, and we boast an impressive record of settlements:
- $100,000 car accident settlement
- $100,000 pedestrian settlement
- $250,000 auto accident settlement
- $200,000 commercial truck accident settlement
- $500,000 motorcycle accident settlement.
Avvo awarded our Montclair personal injury lawyers the Clients’ Choice Award. In addition, Banderas Law also received the Vista Lego Latinos’ Choice Award last year.
Please contact our Montclair personal injury attorneys today at (909) 707-0000 for a free consultation.
Compensation In Montclair Personal Injury Claims
In California, the potential compensation in a personal injury claim depends on several factors unique to each case. Compensation generally falls into two main categories: economic and non-economic:
Economic Damages
These cover tangible, out-of-pocket losses and can include:
- Medical expenses: Medical costs after a serious accident can run into the tens, hundreds, or millions of dollars. You may receive compensation for current and future medical needs, such as ER and ambulatory care, hospital bills, surgical procedures, medications, surgeries, and more. For example, a paralysis injury can result in millions in compensation for your long-term medical expenses.
- Lost earnings: You may receive compensation for the lost income after the accident, including lost earning capacity for a permanent injury, such as a severe head or spinal cord injury.
- Property damage: Costs to repair or replace your damaged property, such as a vehicle.
The amount of compensation for economic damages is based on documents, such as receipts, bills, invoices, and pay stubs. Your personal injury attorney from Banderas Law, can also call expert witnesses to testify about your future medical needs and lost income.
Non-Economic Damages
This compensation is for your intangible losses, including pain and suffering:
- Physical pain: This is for the initial pain of the injury, as well as pain after the accident and during treatment.
- Emotional distress: You may be entitled to money for depression, anxiety, or trauma from the accident and injuries.
- Loss of enjoyment of life: Many serious injury victims cannot take care of themselves, walk, run, or participate in hobbies and family activities.
- Disfigurement or full disability: Some injuries are permanent and involve disfigurement or disability.
Our Montclair personal injury lawyer will establish a line of communication with your medical team to document your medical expenses and future medical needs. We will also determine your future lost earnings, and document your pain and suffering based on your doctors’ testimony.
What Causes Personal Injuries In Montclair?
Personal injuries in Montclair, California, can arise from numerous factors, often connected to daily life, local surroundings, or negligence. Drawing from trends in similar areas and available insights, here are some prevalent causes:
- Car accidents: Traffic crashes are a primary source of personal injuries in Montclair. A common trouble spot includes the area around Thornhill Drive and Mountain Blvd.
- Dog bites: Montclair, like many California cities, has its share of dog bite cases in parks, including Alma Hofman Park and Wilderness Park. California’s strict liability laws make dog owners responsible for injuries their pets cause, even without a history of aggression.
- Premises liability: Slip-and-fall incidents or injuries from unsafe property conditions are frequent. Examples include slippery floors in stores, uneven walkways, or neglected public areas.
- Bicycle accidents: With around 500,000 bike accidents reported annually across the U.S., Montclair’s roads present hazards for cyclists. Drivers who ignore traffic laws or fail to yield can strike riders exposed to serious harm without protective barriers.
- Workplace incidents: Injuries in Montclair’s workplaces, ranging from retail hubs to industrial sites, include falls, equipment issues, or repetitive strain injuries.
- Pedestrian accidents: Pedestrians in Montclair may be struck by vehicles at crosswalks or intersections, often due to driver distraction or failure to yield.
Where Are Common Auto Accidents In Montclair?
Auto accidents are the most common types of personal injuries in Montclair. Common accident areas include:
Interstate 10
Running directly through Montclair, I-10 is a major east-west corridor with heavy traffic, especially near exits like Central Avenue and Monte Vista Avenue. High speeds, peak-hour congestion, and frequent merging contribute to collisions.
Central Avenue
A key arterial road intersecting I-10, Central Avenue handles significant local traffic, connecting residential areas, shopping centers (like Montclair Place Mall), and freeway access points. Its mix of stoplights, pedestrian crossings, and commercial activity increases the risk of rear-end collisions, side-impact crashes, and pedestrian incidents, especially where drivers misjudge traffic flow.
Holt Avenue
Another busy east-west road, Holt Avenue stretches through Montclair and neighboring cities, serving as a commercial hub with strip malls and fast food joints. Heavy local traffic, frequent turns into businesses, and intersections like Holt and Central or Holt and Ramona make it susceptible to crashes, particularly from distracted driving or failure to yield.
Arrow Highway
This road runs parallel to I-10 and sees residential and light industrial traffic. With narrower lanes in some stretches and less regulated flow than freeways, it’s prone to side-swipe accidents and bike collisions. It crashes at intersections like Arrow and Monte Vista, where visibility can be an issue.
Monte Vista Avenue
Connecting northern residential areas to I-10 and beyond, Monte Vista experiences steady traffic, especially near schools and retail zones. Intersections with Holt or Palo Verde Street are potential hotspots due to turning traffic and pedestrian activity, increasing risks for fender-benders or more serious wrecks.
Common Personal Injuries In Montclair
In California, auto accidents, slip and falls, dog bites, and other personal injury cases cause a variety of serious injuries. Talk to a Chino personal injury lawyer if you suffered one of the following injuries because of someone’s actions:
- Whiplash: A common injury, particularly in rear-end crashes, whiplash happens when the neck whips forward and back, stressing or tearing its muscles and ligaments.
- Traumatic brain injuries (TBIs): Ranging from concussions to serious brain damage, TBIs occur when the head hits something like the steering wheel, ground, or window.
- Internal injuries: Some accidents can lead to internal bleeding and organ damage that can even cause death if not treated quickly.
- Broken bones: Crash impacts often shatter bones, with frequent fractures in the ribs, arms, legs, pelvis, or collarbone. Rib breaks, typically from seatbelts or steering wheel contact, hurt but usually mend over time, though severe ones might harm organs. Limb fractures can be straightforward or complex, sometimes requiring surgical repair.
- Spinal cord and back Injuries: These range from strains and herniated discs to severe spinal cord damage leading to partial or full paralysis. Whiplash-related sprains are typical, but high-force incidents like falls or collisions can break vertebrae or sever the spinal cord, severely impacting movement and feeling.
- Soft tissue Injuries: Beyond whiplash, these involve sprains, strains, and tears to muscles, ligaments, and tendons across the body. They may start mild but can cause lasting pain or restricted motion if not properly addressed.
Fighting The Insurance Company After Montclair Accident
After a Montclair accident and injury, don’t be shocked if the other party’s insurance company fights your claim. It’s always best to retain a Montclair personal injury attorney to fight the following insurance tussles:
Disputing Fault
One of the most common battles is over who caused the accident. Insurance companies may argue that you were partially or fully at fault, even when evidence like police reports or witness statements suggests otherwise, to reduce their liability. This can lead to prolonged negotiations or denials if they pin more responsibility on you.
Lowball Settlement Offers
Insurers often offer settlements far below what’s needed to cover medical bills, lost income, or vehicle repairs. They might rush you to accept before you fully understand your injuries or long-term costs, hoping you’ll settle quickly and cheaply. This is especially common early in the claims process when the full extent of damages isn’t yet clear.
Denying or Downplaying Injuries
Companies may claim your injuries aren’t serious, were pre-existing, or aren’t accident-related. For instance, they might argue that back pain stems from an old condition rather than the crash, ignoring medical evidence linking it to the incident. This tactic aims to shrink payouts for medical expenses or pain and suffering.
Coverage Disputes
Fights can erupt over what your policy, or the at-fault driver’s, actually covers. Insurers might refuse to pay for certain damages, like rental car costs or specific medical treatments, claiming they’re not included or aren’t “reasonable and necessary.” Uninsured/underinsured motorist claims can also spark disputes if the other driver lacks sufficient coverage.
Delayed Claims Processing
California law requires insurers to settle or deny claims within 40 days of receiving proof, but some drag their feet. Delays can leave you stuck with mounting bills, forcing you to accept a lower offer just to get paid. Insurers might blame missing paperwork or ongoing investigations, even when you’ve provided everything.
Deductible Recovery Issues
If you file through your own insurance and aren’t at fault, your insurer may pursue subrogation to recover your deductible from the other party’s insurer. Disputes arise if the at-fault insurer contests liability, leaving you waiting or paying out of pocket, while they hash it out. Retain a personal injury attorney in Montclair to handle these insurance hassles.
What To Do After A Personal Injury In Montclair
After a car or other type of accident caused by another person, there are several critical steps to ensure your health and legal options. First, always get prompt medical attention and attend follow-up appointments, then do the following:
Report the Accident
California law requires reporting any accident with injury, death, or property damage over $1,000 to the Department of Motor Vehicles (DMV) within 10 days using Form SR-1. You or your insurer can file this.
Since Montclair falls under San Bernardino County, the Montclair Police Department (or California Highway Patrol for freeway incidents) will likely respond and create a report. Get the report number and request a copy later; it’s key to insurance claims.
Notify Your Insurance Company
Contact your insurer as soon as possible to report the accident, even if you’re not at fault. Be ready for the other driver’s insurer to reach out if you file against their policy. Stick to facts and avoid speculation.
Preserve Evidence and Track Expenses
Keep all medical records, bills, and receipts. Visit doctors for follow-ups to document injuries like spinal damage or TBIs, which can worsen over time.
Save any damaged property until the claim is settled, as insurers might want to inspect it.
Consult A Montclair Personal Injury Attorney
For serious injuries, such as broken bones, paralysis, or traumatic brain injuries, retain a personal injury attorney familiar with Montclair or San Bernardino County cases. They can handle insurance fights over fault, low offers, or denied claims.
Follow Up on Claims and Recovery
Stay in touch with your insurer for updates on your claim. Respond to requests for more info, but be cautious about recorded statements; insurers might twist your words. Focus on healing: Stick to treatment plans and avoid gaps in care, as insurers can argue you aren’t injured. If the other side pushes back hard, legal help can level the playing field.
Contact Our Montclair Personal Injury Lawyer Today
Being injured in an accident because of someone’s negligence is terrible. But you have legal options if your Montclair personal injury lawyer can prove that the other party caused the incident or accident. Contact Banderas Law today at (909) 707-0000 for a free consultation about your auto or other personal injury claim.
During your free consultation, we will assess your case and explain your legal options. We are here to serve.