Anaheim Personal Injury Lawyer
A major accident can occur in the blink of an eye. Sadly, however, the mental and physical trauma resulting from the accident can last for years. In some cases, victims of severe accidents are impacted for the rest of their lives. Apart from the physical and mental pain, accidents can also have serious financial repercussions. Along with medical expenses, accident victims may not be able to work, resulting in a loss of income.
Here at McDonald Worley in Anaheim, our personal injury attorneys understand how accidents can impact your physical and mental health as well as your financial well-being. With our Anaheim injury firm’s help, you can recover money for your damages so that you can get back on the right path again.
Table of Contents
- Why Should I Hire a Personal Injury Attorney in Anaheim?
- How is Personal Injury Defined?
- Who Can File a Personal Injury Claim?
- Is There A Time Limit for Filing a Personal Injury Claim In Anaheim?
- How Long Does it Take to Resolve a Personal Injury Case?
- How Does California Law Define Fault in a Personal Injury Case?
- Get Help Right Away From Our Experienced Personal Injury Attorneys In Anaheim
Why Should I Hire a Personal Injury Attorney in Anaheim?
For anyone considering filing a personal injury lawsuit, it’s good to know that a personal injury lawyer can have a really huge difference in the outcome of the case. Statistically speaking, victims who hire an Anaheim personal injury lawyer typically get a higher settlement amount compared to those who choose to represent themselves. Our team of attorneys has the experience and knowledge to handle negotiations with the insurance companies, and even take your case to trial where necessary.
How is Personal Injury Defined?
Personal injury cases are based on personal injury law, which is a legal framework that outlines the means for injury victims to seek justice and recover compensation for their injuries. Personal injury law is also referred to as Tort’ law and covers everything involving accidents, as well as intentional acts like defective products, negligence, defamation, and sexual assault. Every personal injury claim in Anaheim, CA, features two core issues – damages and liability. Who was at fault for the injuries and damages caused? What were the nature of damages incurred in the accident?
Accident cases typically involve the notion of negligence. Negligence refers to the failure to exercise the level of care that a reasonable person would in the circumstances leading to the accident. To establish negligence, the following four elements must be demonstrated:
This refers to the legal obligation that requires companies or individuals to exercise a standard of reasonable care while they perform actions that could potentially harm others. This can in effect impact a lot of things, including a motorist driving their car, a doctor providing medical care, etc. The defendant usually doesn’t have to know that the plaintiff actually owed them a duty.
This is the violation of a legal obligation. It typically means the defendant breached the duty by failing to act as a “reasonable and prudent person” would. In other words, the defendant needs to have known that their actions had a likelihood of causing injury to others.
Causation is the link between the injury or harm caused and the breach of duty itself. In order to establish negligence, the injury has to be a result of the breach.
Damages are the actual injuries that are caused by the breach of duty.
Who Can File a Personal Injury Claim?
When a negligent or willful act of another person or entity caused someone to suffer an injury, the said person can file a lawsuit under personal injury law. Every state has different laws outlining how a case qualifies as personal injury. For instance, the worker’s compensation branch covers injuries that occur while at work. To establish whether your situation qualifies under California law, get in touch with our McDonald Worley lawyers for your free initial consultation.
Is There A Time Limit for Filing a Personal Injury Claim In Anaheim?
According to California law, a victim only has a predetermined amount of time to file a claim from the date of the injury. This is referred to as the statute of limitations, and it differs based on the type of injuries sustained. The following is a breakdown of the maximum time frame allowed in California:
- Slander/libel – 1 year
- Injury to person – 2 years
- Fraud – 3years
- Trespassing – 3 years
- Damage to personal property – 3 years
- Professional malpractice:
- Medical – 1 year from the time of discovery; 3 year when the injury is known
- Legal – 1 year from the time of discovery; 4 years from the date of malpractice
- Veterinary – 1 year from the date of death/injury of the animal
How Long Does it Take to Resolve a Personal Injury Case?
Cases can resolve in as little as a couple of months, though it’s quite unusual for cases to resolve this quickly. Most cases usually take a number of months or even a year to resolve. In case the case goes to trial, there might be appeals meant to extend the total length of the case. Every case is different. Nonetheless, if the case is complex, it will most likely take longer to settle the issues. Your Anaheim lawyer can help evaluate the details of your personal injury case and give you a realistic idea of what to expect in your case.
How Does California Law Define Fault in a Personal Injury Case?
California is one of the comparative negligence states. The comparative negligence laws in place outline a means to divide fault and assign proportions of fault to all the parties involved. Based on these laws, the plaintiff can be awarded damages even when their own negligence played a role in the accident. In the lawsuit, the damages a plaintiff is awarded will be decreased according to the share of their fault.
For instance, if you’re found to be 25% at fault in a $100,000 settlement case, you will only receive $75,000. A good example is in a drunk driving case where the defendant proves negligence on the art of the plaintiff because their tail light was out. California also has the pure comparative fault rule, meaning that even where the defendant is found to be 99% at fault, they can still seek for damages.
Get Help Right Away From Our Experienced Personal Injury Attorneys In Anaheim
Hiring an Anaheim personal injury lawyer is the first step in filing a claim.
We have helped accident victims in the Anaheim area get the compensation they deserve. We understand how much pain accidents can cause, both physically and mentally. Because of that, we are fully committed to helping our clients in any way we can. We help any injury claims, whether you need a car accident lawyer or someone to represent you in a mass tort case. O
If you were injured in an Anaheim accident, reach out to us as quickly as possible to set up a consultation for free. You don’t have to pay any money upfront for a case review. Instead, our fees are taken out of the money that you receive if your claim is successful.
Contact us at 877–721–3423 today or fill out our online form. If you can’t leave your home or if you are currently confined to a medical facility, we will gladly come to your location to meet with you and discuss your case.