Santa Ana Personal Injury Attorney
Vehicular accidents can happen at just about any moment and even though it can happen in a snap, the injuries, pain and emotional problems can last for many days, months and even longer. There are some victims who actually never fully recover and have to live with injuries for the rest of their lives. Additionally, besides the mental, emotional and physical trauma, just paying for medical help can hugely affect the financial standing of a family. Also, this financial situation is even further threatened due to the loss of income while the victim is being treated or recovering. If you are facing this type of situation, then you should know that you’re not alone. Our Santa Ana personal injury firm is here to help and will ensure that you get the life you once had back as well as ensure you get the compensation you deserve, schedule a free consultation with an attorney today.
Table of Contents
- 1 What Is The Cost Of Hiring A Santa Ana Based Personal Injury Attorney?
- 2 What Is Personal Injury?
- 3 How Can I Determine If I Have A Personal Injury Case?
- 4 What Is The Time Limit For Filing A Claim In Santa Ana?
- 5 How Is Fault Defined According To California Law?
- 6 Hire A McDonald Worley Injury Attorney Today
What Is The Cost Of Hiring A Santa Ana Based Personal Injury Attorney?
At McDonald Worley, we operate on a contingency fee model. Basically, we don’t charge any of our clients upfront fees, but only after the case has been resolved successfully. If we don’t win your case for you, then we actually won’t charge a dime. This will help you to focus on your own needs and ensure you can recover peacefully without having to stress about paying legal fees. We at McDonald Worley actually cover all of the expenses of litigating your particular case as we truly have our clients’ best interest at heart.
What Is Personal Injury?
Personal injury as the name implies is an injury that a person has incurred and there is actually specific law that was created to protect these persons so that they can get justice as well as compensation. This particular type of law is also known as Tort Law and it covers instances of sexual violence, assault, and other intentional acts as well as accidents, etc. When it comes to personal injury claims in Santa Ana, California, there are typically two main issues and these are damages and liability. Basically, the question of who is responsible or liable for the victim’s injuries as well as what are the specifics of the damages, need to be answered.
Also, when it comes to an accident or vehicular accident cases, the issue of negligence also usually comes up. To define negligence, it basically means if there was a lack of care that a typical or reasonable individual would take in the particular situation of the specific accident. So, when it comes to determining negligence, there are four elements that need to be looked at and they are as follows:
Duty is about reasonable care that persons or companies are obligated to take so that they don’t cause harm or injury to other people. For example, this can be a person who is driving their vehicle who has a duty to not harm other motorists or pedestrians. It should be noted that the defendant does not actually have to personally know the plaintiff when it comes to owing duty.
A breach occurs when duty is violated. This breach happens with the defendant does not act as a reasonable person and their actions caused injury to another person.
Causation is the in-between of duty and breach which resulted in the injury of another person. Basically, the injury that the victim incurred must be linked to the result of a breach in order for negligence to be determined.
These are the actual damages suffered by the victim.
How Can I Determine If I Have A Personal Injury Case?
Basically, one of the main requirements is that you have to be injured due to the fault and negligence of another person. Also, this injury does not need to be physical but can also be mental and emotional such as due to defamation or even the threat of being harmed. Another important consideration is if the injury caused resulted in medical bills or money lost due to not being able to work for any period of time. Once these factors are present, then you definitely have a case. You should speak to one of our experienced personal injury attorneys near Santa Ana as soon as possible.
What Is The Time Limit For Filing A Claim In Santa Ana?
According to California law, you need to file a personal injury claim within a specific time frame from when you were injured. This is called the statute of limitations and this particular statue varies depending on the injury. We will now look at some of the time frames that you have to work with in Santa Ana, CA.
- Fraud: 3 yrs
- Personal Injury: 2 yrs
- Slander or libel: 1 yr
- Trespassing on someone’s property: 3 yrs
- Personal Property Damage: 3 yrs
- Veterinary damages: Up to 1 yr after death or the injury of the pet or animal
- Legal: Up to a maximum of 4 yrs from the act and 1 yr from finding out
- Medical: Once the injury is known you have up to 3 yrs and 1 yr from finding out
How Is Fault Defined According To California Law?
The state of California is what is known as a comparative negligence state. This particular law means that fault can be divided and assigned among the parties involved. Basically, a victim or plaintiff can be given damages in the event that the accident was also a result of their negligence. Basically, the victim’s damages would be lowered according to how much of the accident was their fault. One example is if your settlement is $100,000 but you were actually 25% faulty for the accident, then you would only get $75,000. Additionally, California also uses the pure comparative fault rule which means that even if the defendant was 98-99% at fault then it is still possible for them to get compensation for damages.
Hire A McDonald Worley Injury Attorney Today
We are completely committed to our clients in Santa Ana and ensuring they are well protected. We pledge to give each case a great deal of attention and care.
If you are the victim of an injury and you need an attorney to represent you sin Santa Ana, then be sure to call us and you will get a completely free consultation. We cover all types of injury cases, from slip and falls, to car accidents, to medical malpractice. You won’t have to pay any legal fees unless we have won your case and you have received compensation.
You can call us at 877-721-3423 or fill out our contact form and we will contact you. If you’re in the hospital or at home, then we can come to you!