Car Accident Attorney in Orange County – City of Orange, Anaheim California

Orange County remains as one of the fastest growing regions in the State of California. In fact since 2000 the population of Orange County has grown by almost 50% from 2.2 million 3.3 million. The influx of individuals to our county and the rapid commercialization of our cities have resulted in a large increase of auto accidents on our roads. According to the National Highway Transportation Administration, Orange County and Anaheim rank as one of the regions with the highest rate of traffic accidents in the United States today. If you have been in an accident and need a car accident lawyer in Orange County, you have found the right firm to represent you. With our experience and expertise in this field, we know what it takes to win your case.

Common Causes of Auto Accidents – Establishing Liability on Behalf of the At Fault Party

The majority of personal injury cases are filed under a negligence based cause which requires establishing four basic elements; duty, breach, causation, and damages.  All four elements will be described below.

• Duty – does the at fault party owe a duty to the plaintiff: Under the common law system of jurisprudence every individual owes others the duty to act as a reasonably prudent person when operating a motorized vehicle.
• Breach of Duty – did the at fault party act in an unreasonable manner resulting in the breach of his duty of care. Examples of a breach of a duty of care include failure to stop at an intersection when there is a red light, tailgating, driving at a high rate of speed, failure to negotiate a left turn in a reasonable manner, driving at a high rate of speed, driving while intoxicated or under the influence of alcohol.
• Causation – Was the breach of the duty of care a cause of the accident.
• Damages – did the accident result in any damages or injuries to the claimant.

Injuries Suffered by Victims of Auto Accidents

There are numerous injuries which can be caused by auto accidents. In order to receive full and just compensation it is vital to seek medical treatment for all bodily injuries you have suffered. Below our attorneys have compiled a list of the most common injuries and typical medical treatment associated with your care.

• Injuries to the spinal cord – resulting in severe neck and back pain: The most common injury in an accident is spinal cord damage which may result in severe chronic back and neck pain and associated nerve damage. Patients should receive an evaluation form either a pain management doctor or an orthopedist with a specialty in spinal cord injuries. Usually MRI’s (imaging of the back) may be necessary in order diagnose the extent and severity of the damage you have sustained. You spinal cord physician may then refer you to a physical therapist of a chiropractor for treatment. Further medical treatment may be necessary if you are still experiencing pain may need to undergo further evaluation and treatment.
• Injuries sustained to the head resulting in concussion and traumatic brain injury: Many incidences of brain injury often go undiagnosed. Common signs and symptoms of brain injury include extreme sensitivity to light, post traumatic headaches, loss of consciousness following trauma sustained to the head, forgetfulness and short term memory loss, nausea and vomiting, and cognitive disability. The symptoms of a brain injury are not always so obvious; sometimes they can be subtle. Our Orange County car accident lawyers have seen many instances of this scenario. For example, the person’s personality could change. Whereas the person used to be generally a happy person, now he is anxious and depressed. Victims who are experiencing any issues relating to a brain injury should seek medical attention immediately via a visit to the emergency room. Furthermore a neurologist will be able to determine the gravity of your brain injury and the specific type of brain injury you have suffered.  A neuro-psychologist will be able to determine the extent of damage your cognitive and behavioral functions have suffered due to the injury.
• Damages sustained to the hand and wrist: These injuries often take place when the driver holds on to the wheel of the vehicle during the traumatic impact. This can result in hand and wrist fractures, ligament damage and nerve damage. Victims should receive a medical evaluation and treatment from orthopedists with specialties in the field of hand and wrist injuries.
• Shoulder injuries: Common shoulder injuries can include dislocation of the shoulder and rotator cuff tears.  Shoulder surgery may be required in cases of partial and complete tears to the rotator cuff.
• Psychological injuries: Many victims will suffer from severe mental health injuries following a traumatic incident. These injuries may include PTSD (post traumatic stress), deep seated anxiety, sleeping disorders, and depression. Unfortunately many victims who suffer from mental health issues following an accident fail to receive the proper medical attention. Many more will suffer form prolonged addiction to habit forming narcotics they are taking because of pain from their physical injuries. Victims of auto accidents have the absolute right to receive compensation for their mental health damages.
• Broken Bones: Common bone fractures include cracked ribs, broken femurs and arm fractures, as well as foot and ankle fractures.
• Damage to the Jaw – TMJ Injuries and dental damage.
• Facial injuries including broken nose and facial bone fractures.
• Ear injuries – Tinnitus injury.

Cost of Medical Treatment – Receiving the Medical Care You Need

Unfortunately most of us do not have access to the medical treatment we need following an auto accident. Even with medical insurance many are not able to see a specialist for the specific type of injury they have suffered for weeks or months after the accident. In order to alleviate these issues our law firm has established connections with a network of practicing medical doctors and rehabilitation facilities that can provide our clients with any an all medical care they need. More so these doctors work exclusively on a medical lien basis meaning that you will not have to pay them a single penny until there is a financially successful resolution of your claim. As a result you are able to see any doctors you need to and receive the medical treatment you need without having to worry about your medical bills and cost of your medical care.

Timing Deadline – The Length of Time You have to file a Lawsuit for a Car Accident in California

In most circumstances insurance companies representing at fault parties fail to provide victims of auto accidents with a reasonable offer for settlement. Thus the only avenue for just compensation is filing civil lawsuit in the court of law. The state of California places certain timing restrictions on victims who wish to pursue compensation for their injuries via the filing of a lawsuit. In the State of California victims of auto accidents typically have two years from the date of the accident to file a lawsuit in the court of law. Minors, individuals under the age of 18, have two years from the date of their 18^th birthday with which to pursue a civil lawsuit in the court of law. Failure to file within the 2 years time period will result in the loss of a victim’s right to seek recovery in the court of law. In certain instances courts can grant a tolling of the statute of limitations where the victim will be able to pursue legal action via a lawsuit in the court of law despite the expiration of the timing deadline. Examples where courts have granted a tolling of the statute of limitations in California include instances where the victim is deemed mentally or physically incapacitated, has been incarcerated, or is serving in the military in the time a war thus making it impracticable to file a claim in a timely manner.

• Government Claims: Many accidents on the road are caused by the negligence of government entities including accidents involving commuter trains and busses, Caltrans operations and instances where accidents are caused by defective roadway conditions. Government claims must first be presented to a administrative agency within six months from the date of the accidents. Once the government claim is rejected (which it usually is) a victim will have six months from the date of the rejection to file a civil lawsuit in the court of law.

Recovery Available for Victims – Average Value of a Car Accident Case

One the most often asked questions from our clients concerns the amount of recovery they are likely to receive as settlement for the damaged they have incurred. The value of an auto accident case is predicated on several significant factors which are unique to every case. A detailed analysis and review of a case is required in order to provide the potential value of a personal injury case. Below is a list of the most important factors used by our attorneys in order to determine the potential value of a car accident lawsuit.

Factors in determining the value of your case:

• The injuries you suffered – and the severity and magnitude of those injuries: For example a broken leg will likely have a higher potential settlement value in comparison to a stiff back.
• Current and future medical costs associated with the treatment of the injuries you have suffered.
• Loss of income and future earning losses as a result of the accident and your long term injuries. If you were making money before your injuries and now you cannot make as much money because of your injuries, the defendants should compensate you for the loss.
• The property damage estimate of your vehicle. Higher property damage usually leads to higher injuries, so when the property damage is higher, that means the potential value of your case could be higher.
• The percentage of liability attributed to the parties involved in the accident: The State of California is a pure comparative fault jurisdiction with respect to personal injury claims. This means that the amount of recovery will depend partly on the percentage of fault attributed to each party. For example in a case where your damages are $10,000.00 and you are place 50% at fault then the most amount of money you will be able to recover from the other driver involved in the accident is $5,000.00.
• The level of pain and suffering attributable to the accident: In the state of California pain and suffering is calculated on a per-diem basis. A specific dollar amount is attributed to the daily pain and suffering you are experiencing, then that amount is calculated by the number of days you have experienced and are likely to experience pain and suffering. For example a jury calculates your pain and suffering at $50.00 per day and you are expected to have suffered for 100 days; then your pain and suffering recovery will be calculated at $5,000.00.
• The insurance policy limits available for recovery: In California all motorists on the road a required to purchased liability insurance with a policy limit of at least 15/30; meaning $15,000.00 available for a victim of an accident. This means that despite the severity of your injuries and if there are no other insurance policies available the most amount of money you are able to recover is $15,000.00. There are other insurance coverage limits which may exceed the $15,000.00 minimums. For example commercial vehicles and large trucks are required to carry policy limits in excess of one million dollars.
• Whether punitive damages are available for recovery: California courts may grant the issuance of punitive damages in cases where the at fault party acted with the intent to cause harm or severe reckless behavior examples of which include driving at an excessive rate of speed, drunk driving, and hit and run accidents.

If you have any further questions about the value of your case contact our law offices. Our attorneys will be able to provide you with a case value analysis free of charge.

Never Negotiate with Insurance Adjusters – Avoiding Their Deceptive Tactics

Before you attempt to negotiate your claim with an insurance company on your own you should be aware of one simple truth; insurance companies and the adjusters they employ are not on your side. Their goal is simple; to reduce or eliminate any chances you may have of recovery under the law. Insurance companies are for profit enterprises with their stated intent to increase the profit for their share holders. In order to achieve their goal many insurance adjuster will use deceptive tactics against victims who are not represented by an attorney. Some of the most common tactics used by insurance companies include the following.

• Getting you on a recorded statement soon after the accident: After an auto accident adrenaline is released throughout the body resulting in many victims not being able to determine whether they have suffered any injuries or the full extent of their injuries. Fully aware of this phenomenon, insurance companies will attempt to get you on a recorded line to make a statement regarding your injuries within a few hours after the accident. They might ask you if you’re in any pain and you might say no, because at that point the pain hormones are preventing you against feeling any pain. Never speak with an insurance adjuster or provide any recorded statements until you have received the medical diagnosis of you injuries from a practicing physician.
• Cheating you on the damage sustained to your vehicle – lowering your property damage estimate: Insurance companies will use the property damage estimate of your vehicle in order to determine the force of the impact sustained by the individual inside the vehicle. The lower the property damage sustained the lower the probability of severe injuries. Thus, insurance adjusters will misleadingly refer you to one of their ‘approved’ body shops to fix your vehicle. These body shops work exclusively with insurance companies in order to present a greatly reduced property damage estimate. Never accept a property damage estimate from a body repair shop referred by an insurance company. Under California law you have the right to get you car fixed by any body shop regardless of the price.
• Lying to you about your rights: In many occasions insurance companies will lie to you about your right to recovery and the damages compensable in a personal injury claim. For example they will say that you are not able to receive pain and suffering compensation, or that you only have two weeks of physical therapy that the insurance company will cover. This is not true; victim of personal injury including auto accidents are entitled to recover all damages suffered including your pain and suffering, all medical expenses and so forth. They cannot restrict or block you off from recovery for any damages associated with the accident.
• Failing to activate the claims process in a timely manner: Victims may contact their insurance adjuster in order to activate their claim and begin their medical treatment for the injuries suffered. In many cases your adjuster will make clear that the claim has not been processed yet and that you are not able to receive your medical treatment until there is clearance of coverage from them. They will use that excuse for as long as they can so that you are left with no medical care days or even weeks following an accident. Then they will turn around and say if you did not receive medical care, you probably were not injured.

Attorney Auto Accident Case Review Free of Charge

Victims or personal injury including auto accidents are able to contact our attorneys any time of day or night. All legal consultations and case reviews are provided by our attorneys free of charge.