Personal Injury Lawyer Serving Upland, CA

You can get seriously hurt in an accident in San Bernardino County through no fault of your own. You could be picking up groceries at the local Vons or Whole Foods and slip on a wet floor. Or you may be driving on the Foothill Freeway after a long day of work and get sideswiped by a reckless driver. The injuries you experience could keep you away from work and require long-term medical care.
The Law Offices of Fernando D. Vargas can help if you were seriously injured due to another person’s negligence. Our law firm has represented Southern Californians in personal injury lawsuits since 1995. We can help ensure you are fairly compensated for your injuries and losses.
For a free legal consultation with our skilled personal injury lawyers near Upland, contact our law firm today. You can also call our attorney at (909) 982-0707.

Signs You Have a Personal Injury Lawsuit

Even if you were seriously injured somewhere in Upland, you may not have a legal claim. These four elements must be present to file a personal injury lawsuit:

• Duty of Care: Duty of care means that the other party had a responsibility to act reasonably or keep others safe. Examples include driving within the posted speed limit or keeping an excitable dog on a leash while in public.
• Breach of Duty: Breach of duty means that the person or party did not act responsibly.
• Causation: The breach of duty by one party was the cause of an accident or injury. For example, a pet owner’s leashless dog attacks a child while at a park.
• Damages: The incident led to some kind of measurable harm, such as reconstructive surgery and psychological trauma.

During a consultation at the Law Offices of Fernando D. Vargas, we can review what happened and let you know if you have a valid personal injury claim.

How Long Do I Have to File a Personal Injury Claim in California?

Per California Code of Civil Procedure (CCP) § 335.1, you have two years from the date of an accident or injury to file a legal action. Once that two-year statute of limitations has passed, you will not be able to file a lawsuit.
There are a few exceptions to the two-year deadline. Accidents involving government entities may have a much shorter timeframe to take action, for instance. This is why it’s best to speak with a personal injury lawyer near Upland as soon as possible.

Damages in a Personal Injury Lawsuit

A serious accident can change your life in numerous ways. The Law Offices of Fernando D. Vargas will carefully consider what you experienced and help you understand how much your personal injury case is actually worth.

Economic damages refer to financial and material losses caused by an injury. Common examples include:

• Hospitalization and emergency medical care
• Current and future medical expenses
• Physical rehabilitation and occupational therapy
• Lost income while healing from injuries
• Reduced future earning potential due to disability
• Damage to property and belongings

Non-economic damages are the subjective changes in a person’s life caused by negligence. These damages can be more challenging to calculate, but they are still important. Common examples include:

• Pain and suffering
• Mental anguish
• Diminished quality of life
• Loss of consortium

In rare instances, punitive damages may also be awarded. These types of damages are intended to punish a negligent party rather than compensate someone for their losses. Our personal injury lawyers near Upland can let you know if exemplary damages apply to your accident lawsuit.

Can I Still Seek Damages If I Was Partially Liable?

Yes. California is a pure comparative negligence state, which means you can seek damages even if you were 99% at fault for what happened. Keep in mind that the amount you receive is reduced by your share of liability.
As an example, say that you were in a car wreck and are awarded $100,000. However, you’re found to be 30% at fault. You would still receive $70,000 in damages.
Don’t feel intimidated if you need legal help. We can answer your questions during a consultation. To set up a free and confidential case evaluation, contact our personal injury attorneys.

The Law Offices of Fernando D. Vargas can assist you with different kinds of personal injury claims in Upland and nearby communities in the area. You can trust our team to offer sound counsel and support during a difficult time.

Car Accidents

According to data from the California Office of Traffic Safety (OTS), there were 577 injuries or fatalities from car accidents in Upland during 2023. The risk of a serious collision-related injury only increases as people commute around San Bernardino County from Upland.
Motorists need ot be careful while driving on Interstate 10 due to the heavy flow of traffic. The same goes for the Foothill Freeway (State Road 210) and even along historic Route 66. Some of the most common reasons accidents happen in the area include drunk driving, texting while driving, speeding, and reckless driving.

18-Wheeler Accidents

Tractor-trailers play a crucial role in keeping Southern California’s economy moving. Though essential, big rigs pose a major hazard to other motorists because of their size and the blind spots all around the vehicle. Catastrophic accidents with semi-trucks are possible, especially on I-10 and the Foothill Freeway.
Driver fatigue is a major factor in collisions involving commercial vehicles due to the long hours that truckers are forced to be on the road. If negligence or recklessness plays a role in a tractor-trailer crash, our team of personal injury attorneys can hold truck drivers or trucking companies responsible.

Motorcycle Accidents

According to OTS data, there were 26 injuries or fatalities from motorcycle accidents in Upland during 2023. This is just a reminder to exercise caution while riding your motorcycle in the area. This is especially true while on I-10 or SR 210, as well as any other highways in or around San Bernardino County.
Even careful motorcyclists could be seriously hurt in a crash. Many drivers fail to check their blind spots for motorcyclists while merging or changing lanes. This could lead to catastrophic crashes. Our personal injury lawyers can hold reckless drivers and negligent automakers accountable if their actions played a role in a motorcycle collision.

Bicycle Accidents

Bicyclists are extremely vulnerable to injury and need to be careful whenever they are on the road. According to numbers from OTS, there were 27 injuries or fatalities from bicycle accidents in Upland during 2023. If you got hurt while riding your bike in the city, our personal injury attorneys can hold the negligent party liable for your injuries.

Pedestrian Accidents

Local pedestrians can be seriously injured even if they abide by the rules of the road and avoid jaywalking. OTS data recoded 15 injuries or fatalities from pedestrian accidents in Upland during 2023. Our personal injury lawyers can help injured pedestrians seek damages from reckless drivers, truckers, and motorcyclists.

Premises Liability

We mentioned earlier that you could be seriously hurt anywhere through no fault of your one. You may be shopping at Upland Village Center and trip over an extension cord. Or you could be walking your dog when you break an ankle because of uneven or damaged sidewalks in the neighborhood.
If you get injured at a business or someone else’s property, our personal injury lawyers can let you know if you have a valid premises liability lawsuit. These kinds of cases range from slip, trip, and fall accidents, injuries due to lax security, and claims involving long-term exposure to toxic substances.

Drowning Accidents

There are hundreds of thousands of residential swimming pools in San Bernardino County and the Greater Los Angeles area. There are also numerous public pools in the area. If someone drowns due to a lack of lifeguards or gets hurt because there is little supervision at the pool, the property owner could be held responsible.
California law considers swimming pools an attractive nuisance that could attract children onto someone’s property. That means property owners could be held liable for injuries even if a child was trespassing while they were injured in a swimming pool.

Dog Bites and Animal Attacks

Dog owners have a duty to keep other people safe while out in public with their pet. If a dog attacks someone in Magnolia Park or bites a delivery person or neighbor on the block, the dog owner needs to be held responsible. This is particularly true if the victim is a child, since the young attack survivor may have lasting psychological trauma.
Our personal injury attorneys can help ensure that negligent dog owners are held accountable for any physical injuries or property damage their pet may have caused.

Wrongful Death Claims

If you lose a loved one in a fatal accident in Upland, you have our deepest condolences. When you’re ready to share what happened, our law firm can help you file a wrongful death lawsuit claim against the negligent person or party. Wrongful death lawsuits can help you seek compensation for funeral costs, grief counseling, and the pain of losing a spouse or family member.