Riverside Personal Injury Lawyers
The laws in California support justice if you are hurt in an accident. Under the direction of nationally recognized trial lawyer and founding partner attorney Wylie Aitken, the law firm of Aitken * Aitken * Cohn has helped thousands of injury victims and their families in Riverside and the surrounding areas in Southern California. If you were hurt through no fault of your own, choosing the right law firm makes all the difference. Don’t settle. Take action and take control.
Cases We Handle
The following are some examples of our practice areas:
- Auto accidents involving cars, trucks, motorcycles, and pedestrians.
- Wrongful death
- Premises liability
- Product liability
- Traumatic brain injuries (TBI)
- Birth injury
- Medical malpractice
- Nursing home/elder abuse
Holding Those Responsible Accountable
You have an absolute right to be safe.
Section 1 of the California Constitution states: “All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.”
You should not have to cover the cost of your medical expenses or worry about lost wages when you suffer an injury that someone else caused. Personal injury lawsuits play a crucial role in balancing the scales of justice. It is a reasonable expectation for negligent actions to have serious consequences. Filing a personal injury lawsuit allows you to hold those persons responsible for your injury accountable.
It is time to speak with one of our personal injury attorneys if you have been injured by another person’s negligence. Having a dedicated professional in your corner puts you in a commanding position. Hiring an attorney gives you the advocate you need to pursue justice. We have the experience, resources, and compassion needed to get you the best possible results.
The Value of a Case Hinges On Key factors
Some of the variables considered in determining the value of potential compensation include:
The severity of the injuries and the cause of the harm are both important factors when considering the value of a claim.
A personal injury legal team will explore all options on behalf of clients and their family. A victim may not be aware of other sources of compensation. Depending on the circumstances, additional funds may be available from:
- Personal injury protection
- Medical payments insurance
- Uninsured motorist coverage
- Homeowner’s insurance
Actual medical bills and damages
A victim’s actual medical bills and out-of-pocket costs are key components in evaluating a claim. Any injury can have unexpected and financially disastrous repercussions. Attorneys use these amounts, adjusted for insurance payments and other factors, as a guideline to determine the value range of a case. Some of these expenses include:
- Medical bills
- Anticipated future medical costs
- Lost wages
- Loss of earning capacity
- Pain and suffering
There are several contributing factors that influence the success and amount of a claim:
- The cost of past and future medical treatment
- The assessment of expert medical witnesses
- The victim’s age, sex, identity, or other unique factors
- The amount of income lost during recovery
- The educational background of the victim
- Whether the injury affected future earning capacity
- The permanence and severity of the injury
- If the injury affected the victim’s relationship with a spouse or partner
- Limitations on daily activities
Placing a monetary value on projected losses is certainly an inexact science when it comes to intangible harms like paint and suffering. There are, however, several things that may help a jury in deciding on a value of future damages. Examples include:
- A victim’s impact statement that explains, in their own words, the toll the injury has taken on their personal and professional life
- Statements from the victim’s human resources department detailing the victims pre-accident abilities and capabilities.
- Current economic data predicting the future value of income loss in the victim’s profession
Present and future medical bills
Everyone involved in an accident should have a medical evaluation. It is possible for signs and symptoms to surface at a later date. In addition to an immediate exam, medical care extends to tests, treatment, hospital stays, and outpatient care to address immediate injuries. Victims may require care on an ongoing basis, especially if there are serious or permanent injuries. The bottom line is that medical bills can potentially add up to thousands or even hundreds of thousands of dollars. At Aitken * Aitken * Cohn, we believe no person should have to bear the financial burden of the consequences of another’s actions.
Whether you only missed a few days of work due to minor injuries, had to use some well earned sick leave to keep doctor’s appointments, had a lengthy hospital stay, or you were injured so severely that you can no longer work, you could be entitled to compensation for those lost wages.
Accidents often do damage above and beyond the obvious financial losses, property damage, and physical injuries. Emotional disturbances such as anxiety, depression, or even post-traumatic stress disorder are not unusual following any type of trauma. Successfully receiving compensation for emotional distress may require you to have comprehensive records and evaluations from a therapist, psychologist, or psychiatrist. Emotional damages are more common in accidents where injuries are severe.
Pain and Suffering
California law allows for the recovery of non-economic damages (pain and suffering) in personal injury cases. With the exception of medical malpractice cases, in general, there is no cap on pain and suffering damages. This category of compensation is largely calculated and awarded based on the severity of the injury and the impact it has on the victim’s life, and is often directly proportional to the skill and the experience of your legal team. Our client’s testimonies speak volumes.
Loss of Consortium
If you are injured to such an extent that you can’t truly carry on a complete relationship with your spouse or partner, you could be eligible for compensation for loss of companionship.
Looking Beyond the Obvious
There are additional costs and hardships that can be considered and submitted to a jury for reimbursement.
- If you are involved in an auto accident your car may be out of commission. Getting around without a vehicle is a definite hardship. This is especially relevant if you rely on your automobile for commuting to and from work, or handling family obligations.
- Getting your vehicle repaired is expensive. If insurance denies or delays the claim a victim may have significant out-of-pocket costs, or be faced with the total loss of transportation.
- In California, if you are involved in a vehicle accident you must report it to DMV if anyone was injured, if anyone was killed, or if there is property damage in excess of $1,000. If you are found to be complicit, in any fashion, in the accident, law enforcement could issue you a ticket. This could possibly increase your insurance premium and affect your ability to get certain driving jobs in the future.
- If you are unable to meet your financial obligations due to lost wages, your debts may be turned over to a collection agency, and your credit rating can be seriously affected.
- The quality of your relationships with family and friends may be negatively impacted following a personal injury. You may also lose the ability to accomplish everyday tasks or suffer the loss of enjoyment from previous hobbies and interests. In some instances, this impairment may be permanent.
We can’t press pause on life’s obligations while recuperating from a traumatic injury. For some victims of an accident, injury, or assault, their new normal often includes coping with mood swings, communication obstacles, sensory difficulties, and memory problems.
Death of a Loved One
California legislation defines who can file a wrongful death claim, They may include:
- The decedent’s children.
- The decedent’s spouse or domestic partner.
- The decedent’s parents if he or she was a minor.
- A minor who resided in the decedent’s household for a minimum of 180 days before his or her death and was financially dependent on the descendant for at least one-half of the minor’s support.
- Those who would be considered an heir to the decedent and would be entitled to his or her property if the decedent did not have a surviving spouse, domestic partner or children.
Compensation for wrongful death can help ease the family member’s financial burdens associated with the loss of support and income of the deceased, and is often awarded in substantial amounts:
While each case is unique and it isn’t possible to guarantee an outcome in every scenario, our team is committed to ensuring our clients receive the maximum compensation afforded under the law.
When the Government Is at Fault
Municipal liability cases cover a wide range of potential claims and can be brought against numerous government entities including state agencies, county and city governments, transportation authorities, etc. Common types of municipal liability cases include, but are not limited to:
- Government equipment defects
- Bus accidents
- Accidents involving government vehicles
- Accidents caused by road work hazards
Aitken *Aitken * Cohn secured a $2,500,000.00 settlement for a three-year-old boy who lost his mother in a vehicle collision caused by a military service member operating a military Humvee while on active duty.
If you or a loved one has suffered injury or death as a result of recklessness or neglect on the part of a government agency, please contact the skilled and trusted attorneys at Aitken *Aitken * Cohn. We offer a complimentary case evaluation and will be direct with you on the probability of success. Don’t wait, as a shorter statute of limitation typically applies to cases against the government.
On the job injuries have special requirements. There is typically no burden of proof necessary if you are injured during the performance of your regular job duties. California law provides workers’ compensation benefits for medical bills, and for temporary or permanent disability. It is important to notify your employer immediately, complete the required paperwork, and get the immediate medical care you need. If you fail to report an injury within a 30 day time limit, you could lose your right to receive workers’ compensation benefits.
California workers’ compensation provides :
- Medical care
- Temporary disability payments
- Permanent disability payments
Common industry-related injuries include:
- Crush injuries
- Head, neck, and spinal injuries
- Repetitive movement injuries.
- Exposure to toxic substances. The potential for long-term complications from exposure to toxic chemicals includes cancer and respiratory problems
- Electrical Hazards
- Hearing loss. Although hearing loss is not always a traumatic injury, it is often permanent.
It is possible to receive monetary compensation from a third party in addition to worker’s compensation benefits. While you may not need legal services for a simple workplace related injury, third-party claims are based on proven negligence. Having a personal injury lawyer is more than beneficial if you think a third party could be liable for your injuries.
Birth injuries are some of the most heartbreaking cases personal injury lawyers face. When members of the medical care team (physicians, nurses, or midwives, for example) fail to adhere to acceptable standards of care, injuries such as spinal cord damage, brain damage, Cerebral Palsy, Erbs Palsy, skull fractures, and soft tissue damage are possible.
Multiple causes can result in oxygen deprivation during labor and delivery including:
- Dysfunctional placenta
- Prolapsed umbilical cord
- Contractions that are too close together
- Overuse of medications
- Maternal hypotension
Lack of oxygen (hypoxia) can result in:
- Abnormal kidney function
- Low Apgar score at delivery
- Seizures after delivery
When tragedy strikes, many healthcare professionals will attempt to circumvent a lawsuit for malpractice by claiming the complications were unavoidable, or “informed consent” forms outlined the possibility of complications or injury. There is no form, however, that protects doctors or nurses from liability when they act negligently.
Economic damages in a birth injury lawsuit can include medical bills, loss of parental income, the cost of home modifications and special equipment, anticipated costs of lifetime care, physical therapy, special education requirements, and loss of potential future income. The long-term effects of birth injuries affect the whole family. Infants subject to oxygen deprivation often suffer from autism, attention deficit hyperactivity disorder (ADHD), seizures, and other behavioral disorders.
Following an Injury or Accident
Personal injury law is multifaceted. Compensation and litigation often depend on time constraints, mandated limitations, the involvement of regulatory agencies, the preservation of evidence, and interactions with big business and insurance companies. Once you have addressed your immediate health issues, seek legal help. It is critical you have an experienced attorney on your side. Our entire staff is committed to providing first-class legal representation to the individual, family, or business entity that has suffered injury or catastrophic loss in any variety of circumstances. The firm routinely, and successfully, negotiates and litigates against insurance companies, large corporations, and governmental agencies.
What a Riverside Personal Injury Lawyer Can Do For You
Our legal team is on front lines in our commitment to fight for the compensation you deserve in a personal injury case. Aitken * Aitken * Cohn attorneys have been featured on a variety of news media and television programming (NBC’s Today Show, ABC7 News, and Inside OC with Rick Reiff) for both our expertise in the legal field as well as work within landmark cases.
Our experienced attorneys know how to:
- Investigating accidents
- Locate and interview accident witnesses
- Request documentation
- Review accident reports
- Work with medical experts
- Taking additional legal action if necessary
The intent of the law is to ensure justice to people injured through no fault of their own. Unfortunately, average law-abiding citizens frequently have little or no power against powerful insurance companies. It is critical that you consult a law firm with experience handling all types of personal injury cases, and one that has demonstrated success in recovering substantial and meaningful damages. The attorneys at Aitken * Aitken * Cohn know what it takes to win a case. Although our proven successes are not a guarantee of future results, we are nonetheless proud of our past results:
- Part of the largest ($1.63 billion) automobile class action lawsuit settlement in U.S. history.
- Confidential wrongful death settlement estimated by the Los Angeles Times to be $25,000,000
- 13 year old boy awarded $23.5 million for significant brain injuries
- Settlement amount of $20,000,000 for a playground injury
- $17,988,771.90 settlement (expected lifetime payout) for an auto vs. bicycle accident
- $14,332,519.33 total settlement for a fall in a big box store
- $14,595,760 gross verdict in a medical negligence case
You Deserve Justice—Call Aitken * Aitken * Cohn’s Riverside Personal Injury Attorneys Today
If you have been hurt, through no fault of your own, you and your family deserve justice. Our track record in state and federal courts throughout California is exemplary. The law firm of Aitken *Aitken * Cohn accepts personal injury cases on a contingency basis: after an initial no-cost evaluation, if we believe you have a justifiable claim and agree to representation, you will not be responsible for attorney’s fees unless your claim is successfully resolved.
We are one of California’s highly respected personal injury law firms, and are dedicated to serving our community in a wide variety of legal conflicts. Our firm proudly enjoys national attention for the quality of its trial skills and the aggressive representation it provides. We have successfully recovered substantial compensation for our clients for more than three decades.
We understand how difficult it is to deal with both the physical and economic effects of a personal injury. We are here to ease your burden, and help you and your family restore yourselves to financial stability. Contact us now at (714) 434-1424 or write to us using our online contact form.