Suffering a severe personal injury is both distressing and traumatic, and the situation becomes even more devastating when someone else is responsible for the incident that harmed you. Whether your injuries stem from a truck collision, a dog bite, or a slip-and-fall accident, you are entitled to compensation for your medical expenses and lost earnings.
Contact our highly regarded Upland personal injury lawyer at Banderas Law for support. We are your dependable Upland personal injury attorneys, experienced in handling cases involving car and truck accidents, premises liability, dog bites, and more. We will hold the liable party accountable for their negligence and negotiate the best settlement from the insurance company.
Upland Personal Injury Guide
Why Choose Us?
The personal injury attorneys at Banderas Law in Upland bring over two decades of experience, delivering trusted legal support to injured clients across California. We handle many personal injury cases, including car, truck, and motorcycle accidents, dog bites, slip and fall incidents, and beyond. Our Upland team practices exclusively in personal injury and workers’ compensation matters, and we have a proven track record that reflects our dedication.
Recent settlements secured by our attorneys include:
- $100,000 for an auto accident
- $100,000 for a pedestrian case
- $250,000 for a car accident
- $200,000 for a truck accident
- $500,000 for a motorcycle accident
In 2023, our Upland personal injury lawyers earned the Client’s Choice Award from Avvo and were honored with the Vista Latino’s Choice Award.
Our office is conveniently located at 3401 North Centre Lake Drive, Ontario, CA, right beside the Costco Business Center. Contact our personal injury attorneys today at (909) 707-0000 for a complimentary consultation.
Compensation In Upland Personal Injury Claims
Financial recovery in injury cases varies depending on the severity of your injuries, the extent of medical treatment you need, any lasting disabilities, and other factors. You may be eligible for the following compensation if you prove that another party injured you:
Economic Damages
These cover tangible financial losses with a clear monetary value, and they can add up quickly after a serious injury. Examples include:
- Medical expenses: Costs for emergency care, hospital stays, surgeries, doctor visits, medications, physical therapy, and future medical needs related to the accident.
- Lost earnings: Income lost due to time off work while recovering, including used vacation or sick leave.
- Loss of earning capacity: Compensation for reduced ability to earn money in the future if injuries result in long-term or permanent disability.
- Property damage: Repair or replacement costs for your vehicle and other damaged personal items.
- Other out-of-pocket costs: Expenses like transportation or home modifications if the accident caused a disability.
Non-Economic Damages
These compensate for intangible losses that don’t have a specific dollar amount but are just as serious as financial losses. Examples include:
- Pain and suffering: Physical pain and discomfort caused by injuries. You may be entitled to more compensation for pain and suffering from a severe injury, such as burns or brain trauma.
- Emotional distress: Anxiety, depression, or trauma resulting from the accident. For example, being paralyzed from an accident can lead to extreme mental and emotional distress, and you should receive compensation for it.
- Loss of enjoyment of life: Reduced ability to enjoy daily activities or hobbies.
- Loss of consortium: Impact on relationships with a spouse or family members due to injuries.
A seasoned Upland personal injury attorney may rely on expert witnesses to document the degree of your mental and physical pain and suffering.
How and Where Do Upland Personal Injuries Happen?
Auto accidents in the Upland area are the most common reason for personal injury claims. Common accident hotspots include:
16th Street and Mountain Avenue Intersection
This intersection has gained notoriety due to deadly crashes and many more causing severe injuries. High-speed pursuits and heavy traffic likely contribute to the danger here. The area's proximity to the Mountain Plaza shopping center may also increase congestion, elevating accident risks during peak hours.
Euclid Avenue and 15th Street Intersection
Fatal DUI crashes have occurred at this intersection, and witnesses have reported many collisions due to speeding. Euclid Avenue is a central north-south corridor in Upland, and its intersections, like this one, see significant traffic, making them susceptible to collisions, especially when impaired or reckless driving is involved.
Foothill Boulevard near Campus Avenue or Central Avenue
Foothill Boulevard (part of Historic Route 66) is a heavily traveled east-west artery through Upland. Foothill’s role as a commercial hub with frequent stops, turns, and pedestrian activity often leads to serious auto accidents.
Why These Spots Are Prone to Accidents
Crashes often happen in Upland for these reasons:
- High traffic volume: Upland’s population has grown to 79,040 recently, and its proximity to Los Angeles County increases commuter and commercial traffic.
- DUI incidents: A regular problem in the Los Angeles area is drunk driving. Your attorney will determine if the liable party was intoxicated when the accident occurred.
- Pursuit-related crashes: The Inland Empire sees frequent police chases, often ending in collisions on busy streets like 16th or Mountain.
- Intersection design: Wide roads and multiple lanes, which are standard in suburban areas like Upland, can lead to misjudgments or speeding. A personal injury attorney can determine if a negligent intersection design caused the accident. If so, you may file a lawsuit against the local government.
Fighting The Insurance Company After An Accident
You were hurt because of someone’s negligence in Upland. Now, the insurance company is fighting your claim. Don’t worry: a seasoned Banderas Law personal injury attorney can address the following insurance issues:
Delays in Claims Processing
Insurance companies may intentionally slow the claims process, hoping claimants will grow frustrated and accept less compensation. For example, adjusters might repeatedly request additional documentation, like medical records or repair estimates, dragging out the timeline for payment.
Quick, Lowball Settlement Offers
The insurance company for the liable driver wants to pay as little as possible. Do not be surprised if the at-fault party’s insurance company contacts you and offers a low settlement. Insurers often offer quick settlements that don’t reflect the full extent of injuries or damages, especially early on when medical costs or long-term effects aren’t fully known.
This is common in California, where at-fault drivers’ liability insurance is responsible for covering damages, but the payout may not match the victim’s needs. Never accept a low settlement offer without consulting a proven personal injury lawyer in Upland.
Denial of Legitimate Medical Expenses
Adjusters might claim specific treatments are unnecessary or unrelated to the accident, especially if you have pre-existing conditions. For instance, they can argue a back injury was pre-existing rather than aggravated by the crash, even though California law allows compensation for worsened conditions.
MedPay Issues
While California requires insurers to offer medical payments (MedPay) coverage (which covers medical bills regardless of fault), some people decline it without realizing its value. If declined, you’re reliant on the at-fault party’s insurance or your own health coverage, which can complicate and delay payment. Even with MedPay, insurers might dispute the reasonableness of medical charges, reducing what they’ll pay.
Subrogation Hassles
If your health insurance covers accident-related bills, they may later demand reimbursement from any settlement you receive from the at-fault driver’s insurer. This subrogation process can shrink your final payout and catch claimants off guard.
Dealing with Uninsured/Underinsured Drivers
California has a high rate of uninsured drivers, and the minimum liability coverage often isn’t enough for serious injuries. Without uninsured/underinsured motorist coverage, you might be left paying out of pocket.
Pressure to Sign Releases Early
Insurers may push you to sign a settlement release before you understand the full scope of your injuries, waiving your right to seek more compensation later. This is a tactic to close claims cheaply and quickly.
Always talk to an Upland personal injury attorney when another party caused your injury. You should not have to deal with insurance hassles when another person injures you.
What To Do After An Accident In Upland
After a serious accident caused by another person, you know to get immediate medical attention and call the police. Also, you should take the following actions to preserve your personal injury claim:
Notify Your Insurance Company
Report the accident promptly, but keep it brief - stick to basic facts, such as date, time, and location, and avoid admitting fault or giving a recorded statement until you’re ready. California insurers often require timely reporting, but don’t let them rush you into a settlement.
Follow Up on Medical Care
Keep all appointments and follow your doctor’s advice. Document every visit, treatment, and expense. This will build a clear record linking your injuries to the accident.
Get the Police Report
Request a copy from the responding agency. It’ll detail the officer’s observations and may assign fault, which helps with insurance claims.
Track All Losses
Beyond medical bills, note lost earnings, car repairs, rental car costs, or other expenses. These are recoverable damages if the other driver is at fault.
Be Cautious with Insurance Adjusters
The at-fault driver’s insurer might contact you quickly, offering a low settlement or asking for a statement. Don’t sign anything or agree to a payout without knowing the full extent of your injuries - once you sign a release, you can’t ask for more later.
Talk To An Upland Personal Injury Attorney
If injuries are severe, fault is disputed, or insurance is uncooperative, a personal injury attorney can help. California has a two-year statute of limitations for filing a lawsuit from the accident date, but starting early preserves evidence and strengthens your case. Many lawyers work on contingency.
Common Mistakes After A Personal Injury
Were you hurt recently in Upland because of someone’s negligence? Be sure to avoid these mistakes, and talk to an Upland personal injury attorney for legal guidance:
Not Calling the Police
Many people skip calling the police, especially for minor accidents, to avoid trouble or tickets. However, California law requires you to report any accident causing injury, death, or property damage over $1,000 to the Department of Motor Vehicles. A police report can also provide an official record, which is crucial for insurance claims or disputes about fault.
Failing to Seek Medical Attention Promptly
Some injuries, like whiplash or internal damage, may not show symptoms right away due to adrenaline. Delaying a doctor’s visit can harm your health and weaken your case. Insurance companies might argue your injuries aren’t serious or related to the crash if there’s no timely medical record.
Also, your personal injury claim may be affected if you do not follow up with your doctor. Go to every appointment and specialist to ensure you follow the treatment plan.
Not Collecting Evidence
People often forget to document the scene while it’s fresh. If possible, take photos of vehicle damage, skid marks, road conditions, and injuries. Get contact info from witnesses and the other driver (name, license, insurance details). Without evidence, it’s your word against theirs, which can complicate claims.
Not Reporting to the DMV or Insurance
Besides the police, you must notify your insurance company quickly—most policies require it within 24 hours. Failing to file the SR-1 with the DMV when needed can lead to a suspended license. Delaying these reports can also hurt your credibility with insurers.
Accepting the First Insurance Settlement
Insurance adjusters may offer a quick, low settlement to save their company money. In California, you have two years from the accident date to file a personal injury lawsuit, so don’t rush. Consult a personal injury attorney to ensure the offer covers all damages, like medical bills, lost income, and pain.
Contact Our Upland Personal Injury Lawyers Today
Being injured in an accident because of someone’s mistake or negligence is alarming. But you have legal options if your Upland personal injury lawyer can prove that the other party caused your injuries.
Contact Banderas Law today at (909) 707-0000 for a free consultation about your personal injury claim. Our personal injury attorneys are paid by contingency agreement, so you do not pay out of pocket, and you pay nothing if we don’t win.