If you or someone you know has been injured due to another’s negligence, you’re not alone. Statistics indicate that a significant number of personal injury cases, particularly those involving motor vehicles, occur in Southern California.
In fact, according to the Bureau of Justice Statistics, about 61% of car accident-related personal injury claims in the United States succeed. This highlights the importance of legal representation in these cases.
Additionally, personal injury claims surged by an astounding 97% in 2020 compared to 2019 figures. The average damage award for personal injury trials in California is $1,814,094, indicating the potential financial implications of these cases.
However, only about 4% of personal injury lawsuits ever go to trial, underscoring the critical role experienced California accident attorneys play in negotiating settlements. With such high stakes, it’s crucial to have a seasoned personal injury lawyer advocating for your rights.
What Do Personal Injury Lawyers Do?
Personal injury lawyers provide legal representation to individuals who have been physically or psychologically injured as a result of the negligence or wrongdoing of another party. This could be another person, a company, a government agency, or another entity.
The primary role of your Los Angeles personal injury lawyer, for instance, would be to:
- Help you receive compensation for your losses. These losses may include loss of earning capacity due to inability to work, medical expenses, emotional distress, legal costs, and attorney fees.
- Work to safeguard you from being victimized by insurance companies and the legal system, which can be complex to navigate. To achieve this, your personal injury lawyers in Southern California will interpret laws and apply them to your case.
- They will also help with gathering evidence, interviewing witnesses, and building a solid case to demonstrate liability.
- Negotiating with the opposing party or their insurance company on your behalf to achieve a fair settlement without the need for court proceedings.
- Where a fair settlement cannot be reached, they will represent you in court, present your case to a jury, and argue on your behalf.
By handling all the complex legal processes, accident personal injury lawyers allow you to focus on recovery while they fight for your rights and the compensation you deserve.
Why Choose MKH Accident Attorneys?
If you’ve been involved in a car accident in Southern California, securing the right legal representation is crucial. MKH Accident Attorneys, APC, is a standout choice for several reasons.
Firstly, we are experienced in personal injury cases stemming from car accidents. Our attorneys have extensive experience handling such cases across Orange County, Los Angeles County, San Diego County, and Riverside County.
Secondly, at MKH Accident Attorneys, we offer free personal injury consultations. This service allows you to discuss your case, understand your rights, and explore your legal options without any financial obligation.
Thirdly, our payment structure is client-friendly: We only get paid if we win on injury cases. This means you don’t pay anything upfront, and we are motivated to secure the best possible outcome for you.
Finally, we are conveniently located in Newport Beach, CA, making the firm accessible to residents across Southern California.
Choosing MKH Accident Attorneys means choosing dedicated professionals who put your interests first.
Important California Personal Injury Laws
It is imperative that we look at some critical California state laws regarding personal injury cases before proceeding. California’s personal injury laws are pivotal in the judicial system since other states follow their lead on many precedents.
Statute of Limitations: California’s personal injury laws establish specific timelines and rules for filing lawsuits in the state. The statute of limitations, or the deadline for starting a lawsuit, is generally two years from the date of the injury.
This means that a personal injury victim has two years from the date of their injury to file a claim against the party responsible for causing the harm.
Statute of Limitations When Claiming Against Government Officials: If the claim is against a government entity for negligence, different rules apply. In such cases, you must file a Government Tort Claim with that entity within six months from the date of the incident.
This shorter timeline underscores the importance of seeking legal advice promptly from your California personal injury when a government entity is involved.
Determining fault: In California personal injury cases, determining fault involves proving that someone else’s negligence caused your injury. This includes demonstrating four key elements;
- Duty of care,
- Breach of duty,
- causation, and
- Damages suffered.
In other words, you need to show that the defendant had a duty of care towards you, they breached that duty, this breach directly resulted in your injury, and you suffered damages as a result.
Understanding these aspects of California’s personal injury law is essential when considering a claim or lawsuit. A knowledgeable Orange County personal injury attorney, for instance, can guide you through this process, ensuring you meet all legal requirements and deadlines.
How Much Can I Recover for Personal Injury in Southern California?
California law allows victims of car accidents to claim various types of damages, each reflecting a different aspect of the harm they’ve suffered.
Economic Damages: These are tangible costs incurred as a result of the accident. They include medical expenses, lost wages due to being unable to work, property damage, and any other out-of-pocket expenses related to the injury. These damages can be calculated using receipts or mathematical formulas.
Non-economic damages: These are intangible losses that do not have a direct cost but significantly impact the victim’s life. Examples include pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship.
While these damages are more challenging to quantify, they are equally important in a personal injury case.
Punitive Damages: In some cases, punitive damages may be awarded. These are not intended to compensate the victim but to punish the defendant for particularly egregious or reckless behavior. The court awards punitive damages under its own discretion.
Importantly, California does not impose a cap on the amount of damages that can be recovered in personal injury cases, with the exception of non-economic damages in medical malpractice lawsuits.
The Principle of Pure Comparative Negligence
It’s also worth noting that California operates under a “pure comparative negligence” rule. This means that if you were partially at fault for the accident, any damages awarded would be reduced by your percentage of fault.
Therefore, the amount you can recover in a personal injury case in Southern California depends on the specific circumstances of your case. It’s crucial to consult with a skilled California car accident personal injury attorney to accurately assess and pursue all potential damages.
What to Do If You’re a Victim of Car Accident Personal Injury
If you are the victim of a car accident, it’s important to follow several key steps to protect your health and rights.
- Stay calm and check for injuries. Call 911 if you or anyone else is injured. If you’re seriously hurt, try not to move until emergency personnel arrive.
- Report the accident. Call the police and ensure an accident report is filed. This document can be crucial when making insurance claims or pursuing a personal injury lawsuit.
- Gather information. Exchange information with the other parties involved in the accident. Get the names, contact details, and insurance information of all drivers and passengers.
- Document the scene. Take photographs of the vehicles, injuries, and overall scene. These can provide valuable evidence later.
- Seek immediate medical attention, even if you feel fine initially. Some injuries may not manifest symptoms right away. Be specific and thorough when describing your injuries to healthcare providers.
- Consider contacting a personal injury attorney. They can help you understand your rights and work towards obtaining fair compensation for your injuries and losses.
Remember, what you do after an accident plays a significant role in your recovery and any potential legal actions.
How Long Does It Take to Get a Settlement?
Settling a car accident personal injury claim in California can vary significantly in duration, depending on several factors. Cases can be resolved within a few weeks to a couple of months, or they may take several months to years.
The timeline often depends on determinations of fault, the complexity of the case, and the willingness of both parties to negotiate. Once a settlement is reached, you can typically expect to receive your settlement check within six weeks.
California has a two-year statute of limitations in personal injury cases, which can impact the settlement timeline as insurance companies aren’t obligated to settle claims before this deadline.
Throughout this process, legal representation can be crucial. An experienced car accident attorney in San Diego, CA, for instance, can guide you through the process, negotiate with insurance companies on your behalf, and strive to secure the best possible outcome.
Get Professional Personal Injury Legal Representation Today
Securing seasoned car accident personal injury attorneys like MKH Accident Attorneys is crucial for effective representation. Our lawyers have the expertise to navigate complex legal procedures, negotiate with insurance companies, and strive for fair compensation.
Don’t let your rights be compromised. Take immediate action today. Call MKH Accident Attorneys at 949-299-7632 for a dedicated and experienced legal ally in your corner.