Irvine Personal Injury Lawyer
Personal Injury Attorney in Irvine, CA
Helping Injured Clients Recover Financial Compensation
If you have been injured in an accident caused by negligence or recklessness, you are eligible to file a personal injury lawsuit against the liable party and obtain financial compensation to cover your losses. However, the at-fault party may claim you were partially or completely to blame for the accident and your injuries, which is why it is important to hire an experienced personal injury attorney to protect your rights and best interests throughout the legal process.
At Harris Grombchevsky LLP, we provide our clients with knowledgeable and personalized legal representation inside and outside the courtroom. Our legal team can investigate the accident, gather and examine evidence, negotiate with insurance companies, and maximize your entitled compensation. We work on a contingency fee basis, which means you do not have to pay us anything until we win your case!
Common Types of Personal Injury Cases
Our legal team at Harris Grombchevsky LLP handle a variety of personal injury cases. We have recovered millions of dollars in awards and settlements on behalf of our clients.
Our firm handles the following types of personal injury claims in Irvine:
- Auto accidents – The most common personal injury case in California and other states is car accident claims. If a driver violates the state traffic laws or otherwise operates his/her vehicle in a negligent manner and causes a crash, he/she can be held financially responsible for any injuries stemming from the collision. Common types of car accidents include distracted driving accidents, drunk driving accidents, fatigued driving accidents, SUV or rollover accidents, multi-vehicle accidents, etc.
- Bicycle accidents – While many people ride a bicycle to exercise, commute to work or school, or enjoy the outdoors, sharing the road with motor vehicles can result in catastrophic and even fatal bicycle accidents.
- Catastrophic injuries – While many injuries in an accident are serious, some have long-term and even life-altering effects, which are commonly known as catastrophic injuries. Common types of catastrophic injuries include traumatic brain injury (TBI), spinal cord injury (SCI), paralysis/paraplegia, disfigurement, severe burn injuries, amputations, permanent disability, chronic lung damage, and vision or hearing loss.
- Construction accidents – Construction sites are one of the most dangerous places to work, which is why construction workers must follow safety procedures and wear protective gear while doing their jobs. If a construction worker suffers an on-site injury, he/she may be eligible for workers’ compensation benefits or damages from a personal injury lawsuit.
- Dog bites – Although dogs are considered man’s best friend, our canine companions still have the propensity to attack anyone, even individuals who take care of it. If a dog bites someone in California, the dog’s owner may be held liable for his/her pet’s actions.
- Elder abuse – If your elderly loved one is a victim of abuse or neglect at a nursing home or assisted living facility, our legal team is ready to help your family member obtain the justice and compensation he/she deserves. Common forms of elder abuse include physical abuse, emotional abuse, neglect, sexual abuse, and financial abuse.
- Motorcycle accidents – Collisions involving motorcycles can be devastating and even fatal since bikers do not have the same protections as occupants of other motor vehicles. Most motorcycle accidents involve other automobiles.
- Premises liability – Property owners are responsible for ensuring their premises are safe for any customers or visitors. If an owner fails to properly repair or warn guests of a hazard on the property and someone suffers an injury, the owner can be held liable. Common examples of premises liability cases include slips and falls, falling objects, negligent security, fires, swimming pool accidents, elevator and escalator accidents, and amusement park accidents
- Product liability – Manufacturers and retailers alike must ensure that their products are safe for their customers. If a consumer suffers an injury due to a defective or dangerous product, he/she may pursue a product liability claim against the manufacturer or seller.
- Sexual abuse – Not only is sexual abuse a criminal offense, but victims can also recover monetary damages against their abusers. California provides an extended period of time for sexual abuse victims to take legal action.
- Truck accidents – Commercial truck accidents are different from other auto accidents. In many cases, multiple parties can be held liable for a truck collision, besides the truck driver. Oftentimes, truck accidents can result in catastrophic and fatal injuries due to the massive weight and size of commercial vehicles.
- Wrongful death – If you have lost a loved one in an accident caused by negligence, certain family members of the deceased individual can pursue a wrongful death lawsuit against the at-fault party.
How to Prove Negligence in a Personal Injury Claim in California
In most personal injury cases in California, determining fault is based on a legal theory of negligence. When someone fails to act with a reasonable amount of care than any other person in the same situation would exercise, such failure is considered negligence.
The following are the four elements you must prove to win a personal injury claim:
- Duty of care – The defendant had a legal duty of care to the plaintiff. For example, drivers have a duty to operate their vehicles in a reasonably safe manner and follow the traffic laws.
- Breach of duty – The defendant breached that duty by failing to act in a manner that a reasonable person would. In a car accident, a driver violates a traffic law or drives in a reckless or careless manner.
- Causation – The defendant’s breach of duty was the direct cause of the plaintiff’s injury. For instance, a driver’s negligent actions would be the “cause” of the injury.
- Damages – The plaintiff suffered an injury or monetary losses because of the defendant’s negligence. Common types of damages include medical expenses, lost income, property damage, pain and suffering, and emotional distress.
California Comparative Negligence Laws
As we mentioned earlier, it is not uncommon for a defendant to argue that the plaintiff is actually at fault (or at least partially) for causing the accident. When it comes to injury cases involving shared fault, California is considered a “pure comparative negligence” state, which means the amount of compensation you are entitled to receive will be reduced by an amount that is equal to your share of blame for causing the accident.
For example, if the jury awards you with $50,000 in damages but also says you are 10 percent at fault for the accident, your compensation will be reduced to $45,000 (or the $50,000 total minus the $5,000 that represents your share to liability for the accident) under California’s pure comparative negligence rule.
When Do I File a Personal Injury Lawsuit in California?
According to the statute of limitations for personal injury lawsuits in California, an injured person has two years from the date of the injury to file a lawsuit against any liable party in civil court. Failure to file a personal injury claim within the two-year time limit will result in the court refusing to hear your case, which means you will lose your right to compensation.