Personal Injury Attorney in Orange County
Injured in an accident? Get compensated!
Personal injury cases arise when a person is injured in an accident or other incident, and another person is legally responsible for the injury that occurred. You may be able to recover damages from the person who is responsible for causing your injury if your injury was caused by the negligent, careless, reckless, or intentional behavior of another.
Our experienced personal injury attorneys have a proven track record of success in personal injury litigation. If you or a family member has suffered a serious personal injury, whether it is physical or emotional, please contact our team of personal injury attorneys is ready to help by providing a free and confidential case review. If we take your case, we will not charge a fee until a monetary recovery is obtained from the other party or their insurance company.
Recoverable Damages in Personal Injury Lawsuits
Catastrophic injuries, permanent disability or disfigurement, brain damage, spinal cord injuries and death are often the result of serious accidents. Additionally, individuals involved in these accidents often suffer devastating financial losses. Justifiably, the law provides injured parties with the right to recover their damages from the responsible party.
Damages recoverable due to an accident include, but are not limited to:
- Medical expenses
- Lost wages
- Funeral expenses,
- Property damage
- Other economic losses
Injured parties are also entitled to recover for the pain and suffering arising from their injuries. A spouse of a person killed or injured in an accident may also be entitled to recover for emotional distress or the loss of support, comfort, consortium, or services of their spouse. Contact our personal injury lawyers in Orange County, California to get specific advice for your situation.
Insurance Investigations and Negotiations
The insurance company of the individual who is responsible for the accident will very often start an investigation on the day of the accident. The insurance company’s goal is to pay as little as possible to the person injured in the car crash. Therefore, insurance companies have very specific and elaborate procedures for handling accident claims, especially immediately after the accident has occurred. During this time the insurance company will try to obtain recorded statements from persons involved in the accident, examine the vehicles, take photographs, acquire the police report on the vehicular accident, and try to verify the level of injuries suffered in the accident.
The negotiation tactics used by each insurance company in dealing with accidents are not usually in the injured party’s best interest. Many companies attempt to reach an immediate settlement with a person injured in an accident to eliminate their responsibility for future medical expenses, lost wages and other damages that are likely to develop.
A person injured in a vehicle accident needs to be wary of this process and have a personal injury lawyer experienced is these types of cases to protect their rights and interests. It often takes months for a person injured in an accident to fully assess their injuries. People injured in accidents may need surgery or other extensive treatment. The injuries from an accident may leave a person permanently disabled or disfigured even after corrective surgery, especially in cases where the victim is injured in a burn accident. Accordingly, the true value of a claim arising out of an accident may only be determined after a final prognosis has been reached by a qualified physician.
Statute of Limitations for Personal Injury Cases
In California, most, but not all, personal injury cases have a two-year period of time before a lawsuit for an accident claim must be filed or permanently lost. Therefore, a person injured in an accident generally need not rush to reach a settlement with the insurance company of the driver who caused the vehicular accident. You may regret the settlement later if your injuries from the vehicular accident become progressively worse.
Important Issues to Understand before Settling Your Case
Other significant issues may also develop for persons injured in an accident. For instance, your health insurance company may try to obtain reimbursement from your settlement. While your insurance company may be entitled to some money, there are significant legal limitations on the reimbursement they may receive from your settlement.
If you were on the job when injured by someone other than your employer or their employees, the worker's compensation insurance company may also seek reimbursement of their payments for medical expenses and lost wages caused by the accident. Again, significant limitations exist as to the right of a worker's compensation insurance company to obtain reimbursement after an accident claim is settled.
It is important for you to understand these issues prior to agreeing to any settlement of your accident claim because they will substantially impact your monetary recovery. A personal injury attorney can make sure that your best interests are protected.
Determining a Fair Settlement
Determining the appropriate settlement value of an injury claim arising out of an accident is complicated. It requires a detailed review and evaluation of the nature and extent of the injury, the financial losses which can be recovered, and the liability issues. The county where the trial of the accident claim may take place and any previous claims or injuries suffered by the claimant are issues which must be considered in the settlement of a vehicular accident injury claim.
It is important to retain a competent personal injury attorney with considerable experience dealing with insurance companies if you or a loved one has been injured by another person’s carelessness. It is best to retain a lawyer who regularly handles accidental injury claims and is prepared to file a lawsuit on your behalf if the insurance company is not willing to settle your claim for a fair value.
Call (888) 427-8064 today for a confidential case review or free consultation with one of our experienced attorneys.