Orange County Car Accident Attorney
Car accidents happen daily in busy Orange County and California traffic law can be overwhelming and leave you confused. Bodily injury and damage to your vehicle will be followed by mounting bills and increased insurance premiums. By working with an Orange County car accident attorney, you can start to make sense of your circumstances.
You may be left wondering, for instance, who will pay for the damage to your car and the expensive medical bills. You may also be out of work for a period of time due to your injuries. You will have a lot of questions during this time and you will need the guidance of a professional as you make your way through them all.
What happens if the other party starts accusing you of causing the accident? You may know that the accident was the fault of the other driver, but if they claim differently, you can be looking at a he said/she said scenario. Once the accident has happened and you’ve exchanged information, what is your next step?
Hiring a Auto Injury Attorney in Orange County, CA
The mountain of claim forms and settlement papers are tricky to tackle on your own. Immediately following an auto accident, victims can feel isolated, confused and intimidated and may be tempted to settle for a quick settlement that may not be in their best interest in the long run. Fortunately, calling an attorney can help you with this decision.
You need someone on your side who knows the law and can fight hard to protect your rights. An experienced Orange County personal injury lawyer can answer your questions, investigate the accident and file your paperwork to ensure that your case is properly prepared and filed within the time limit required by the court. Your initial consultation will allow your attorney to review your case and determine whether or not you are entitled to compensation for damages.
Car Accident Representation in Orange County, CA
The attorney team at the law office of Duque & Price has extensive experience handling car accident cases throughout Orange County and its surrounding areas. Together, we’ve represented thousands of car accident and personal injury cases. We have a reputation in the area for taking on difficult cases that others choose not to.
However, we also make sure to provide each case with selective, individualized attention so that each client is a priority. By emphasizing communication with each of our clients, we provide them with the quality of work they deserve.
With a combination of aggressive proactivity and unmatched diligence, our attorneys handle every aspect of your car accident claim and case, from investigation and negotiations to trial prep and litigation. No matter the details of your case, if you’ve been involved in a car accident in Orange County, reach out today for a consultation.
Common Causes for Car Accidents
While there are many causes for car accidents, identifying the specific cause in your case will have an effect on determining fault and liability, impacting your final compensation amount. Every case is unique and is full of its own circumstances, evidence, and factors to consider. Nevertheless, the following represents the most common causes of car accidents in California:
- Driving while distracted. Given the proliferation of smartphone usage, distracted driving has continued to increase over the years to alarming heights. Despite being entirely preventable, distracted driving has been labeled a public health problem. Driving while distracted reduces a motorist’s reaction time, potentially leading to catastrophic accidents.
- Driving while under the influence. Drivers who are under the influence of drugs or alcohol are not only putting themselves and others in danger, but they are also breaking the law. Due to the impairment caused by substances, accidents involving DUIs are generally more serious and lead to more severe injuries.
- Driving recklessly. Careless or aggressive driving behavior exponentially increases the likelihood of an accident. While collisions can occur as the result of accidental human error, reckless driving represents the most common reason for accident collisions between motorists. Impatience, tailgating, and road rage are among the primary concerns.
- Driving too fast. Speeding almost always demonstrates evidence of negligence. Despite the generally accepted nature of speeding in the United States, driving too fast heavily increases the risk of suffering fatal injuries during a crash. In fact, beyond the 50 miles per hour mark, every additional 10 miles per hour of speed doubles the probability of a fatal crash.
- Driving while tired. Drowsy driving is considered equally as dangerous as driving while intoxicated. This is because the effects on reaction time, coordination, and awareness are closely similar. In fact, many drowsy drivers are often mistaken for drunk drivers by law enforcement. Unfortunately, most adults in the United States fail to get the recommended amount of sleep each night, meaning this risk is continually perpetuated.
- Failing to observe traffic lights. The most dangerous places on the road are undoubtedly intersections. Often, drivers are forced to make an uncertain decision on whether to slow down to a stop or speed up through a light when a traffic light turns yellow. When drivers make a wrong judgment and hurry through a light that turns red, accidents are more likely to ensue.
- Failing to observe posted signage. Intersections marked by stop signs rather than traffic lights are also at high risk for accidents when drivers fail to notice the posted signage and come to a stop. Stop signs not only require motorists to come to a full stop, but they also require that a driver wait until it is safe before proceeding. Perhaps surprisingly, most stop sign accidents happen even after drivers have come to a stop, merely because they misjudged oncoming traffic.
- Failing to properly turn. When it comes to events that precede a collision, improper turns are among the most common. Failing to properly use turn signals is also a common cause of accidents. Left-hand turns are the most common instance of improper turns, but right-hand turns and U-turns are also included. Left-handed turns are particularly dangerous when they lead to a collision between a car and a motorcycle.
- Hazardous weather conditions. Adverse weather conditions often play a role in causing motor vehicle accidents. Natural causes for road hazards do not negate fault in any car accident case. Drivers have a duty of care to responsibly adjust to weather conditions as they change. Drivers who fail to exercise reasonable caution can bear legal liability if an accident occurs.
- Hazardous road conditions. In a similar fashion, drivers are also expected to pay careful attention in watching out for hazards in the road. However, the existence of a road hazard, such as a pothole, lack of clear lane markings, or unmarked construction zone, is not the fault of either driver. In fact, a road hazard may be indicative of another at-fault party in your case.
However the accident occurs, and regardless of who is at fault, car accidents are responsible for some of the most serious injuries people can face.
What Are the Most Common Car Accident Injuries in Orange County, CA?
Car accidents can result in a wide range of injuries, from minor to severe. Often, victims suffer more than one kind of injury. The following represents the general types of injuries that can occur in a car accident between any two vehicles.
Head Injuries
While some head injuries remain minor, such as small cuts and bruising on the forehead or scalp, other head injuries present a more significant impact on a person’s health and safety. They include:
- Concussions. The sudden movement of a person’s brain can cause it to slam against the inside of their skull. The brain then undergoes chemical changes, especially if it is twisted out of shape, which can cause further complications.
- Brain injuries. Traumatic brain injuries can be slow to manifest and, therefore, difficult to diagnose, but symptoms begin to show through the onset of memory loss and decreased body and brain function. Concussions are technically traumatic brain injuries, but they are the mildest form. Traumatic brain injuries commonly lead to lifelong issues, with some resulting in death.
Facial Injuries
The face is made up of highly functional and extremely delicate parts of the body. Unfortunately, it does not take a great amount of impact directly on the face to cause long-lasting or permanent injury. Facial injuries include:
- Dental injuries. When the face impacts against another surface or object, it is quite easy to knock teeth out of the mouth as a result. Broken or missing teeth often involve caps, crowns, and replacements.
- Broken nose. The nose and other soft tissue body parts can easily be broken, leading to impaired function.
- Eye trauma. Injuries resulting from loose debris or blunt force trauma to the eyes can lead to blindness.
- Facial deformities. Many injuries that can be inflicted upon the face, such as lacerations, deep cuts, burns, or jaw fractures, can cause permanent scarring, disfigurement, or otherwise impair the face’s function and appearance.
Neck Injuries
The neck is composed of muscles, tendons, cartilage, and other soft tissue that can easily be jarred by sudden movement or impact. This can lead to:
- Whiplash. As a result of the sudden, strong, forward and backward movement of the neck, whiplash can take several months to heal. Whiplash is extremely painful and can lead to neck pain, stiffness, limited range of motion, numbness, fatigue, dizziness, and tinnitus.
Back Injuries
Back pain is one of the most excruciating kinds of pain a person can undergo. Back injuries are rarely mild, and many lead to serious conditions and lifelong disability. Back injuries include:
- Pulled back. Damage to the muscles and tendons in the back can lead to strain, which is a highly painful condition.
- Back sprain. Sprains result from torn or stretched ligaments. Significant impact force can cause back injuries in car accidents, especially if either vehicle was traveling at a high speed prior to the collision.
- Disc injuries. Impact on the spine can rupture discs, damage or break open the vertebrae, and slip one or more discs out of place. This exposes sensitive tissue that should be protected by bone.
- Nerve damage. Trauma to the nerves can cause debilitating pain, impair movement, and lessen quality of life.
- Spinal cord injuries. Injury to the spinal cord can cause paralysis, leading to partial or full disability in the legs and arms. While treatments are available for managing pain and improving auxiliary movement, there is no cure for paralysis or spinal cord injuries.
Internal Bleeding
The potential for unseen injuries, such as internal bleeding and organ damage, represents one of the strongest reasons for seeking medical attention immediately following an accident, whether you believe you are injured or not. This type of injury can be difficult to diagnose without X-rays but will lead to significant long-term issues if left untreated. Internal organs, muscles, and even bones can be damaged from blunt force that does not penetrate or puncture the skin.
Contusions, also known as bruising, are injuries in their own right but could also be indicative of a more serious issue internally. Bruising can develop into hematoma or other more serious issues as well.
Broken Bones
Bone fractures can range in severity from acute to catastrophic and can affect any part of the body. There are several different types of fractures:
- Stress fractures. These are hairline cracks on top of or along the bone.
- Partial fractures. These are breaks in the bone that do not go all the way through.
- Non-displaced features. These are full breaks in which the bone remains in its normal place.
- Displaced fractures. These are full breaks into multiple pieces of bone that get moved around.
- Closed fractures. These are bone fractures underneath the skin that have not been broken.
- Open fractures. These are bone fractures that have broken through the skin and are exposed.
Despite the massive improvements in car safety over the last couple of decades, broken bones continue to be a common car accident injury. For instance, seat belts prevent worse injuries and save countless lives. However, they can occasionally cause rib and chest fractures.
Burns
Many burn injuries are unique to car accidents, as they involve contact with substances and parts of the car with which people do not normally come into contact. This includes parts of a hot engine and the spraying of liquids and car fluids. In the most serious of cases, entire vehicles can catch fire. Burns can vary by degree, each indicating the severity of the injury:
- First-degree burns. This is the most minor of burn injuries and is indicated by red, unblistered skin. It involves top-layer damage only.
- Second-degree burns. This injury can take weeks to heal and is indicated by blistered skin. Damage is below the top layer.
- Third-degree burns. This injury can take months to heal and may never do so fully. These burns destroy skin layers and the nerves and tissue beneath the skin, which is indicated by brown or white skin with a stiff leather-like appearance. In these cases, damage occurs at all layers.
- Fourth-degree burns. This is the most severe of burn injuries and is indicated by a black and charred appearance. These burns have penetrated to the very root of the body, destroying fat, muscle, and bone. Fourth-degree burns lead to amputation, death, and the complete destruction of body parts.
Limbs
The wrist and hands are full of smaller and more delicate bones that are vulnerable to injury in many crashes, especially when they are used instinctively to shield your face or body from other harm. Legs and feet are also vulnerable due to their position in the vehicle, often taking the brunt of a collision’s force. Surgery could be required, and in more serious cases, amputation may be necessary. Limb loss can significantly affect a person’s daily activities.
Car accidents can result in a myriad of different injuries, with many collisions leading to multiple types of injuries. Unfortunately, many of the potential injuries can represent serious cases for which recovery will not be short. In fact, car accidents are among the leading causes of several permanent or long-term conditions. For this reason, it is imperative that you seek proper compensation for your injuries and other damages if you’ve been the victim of a car accident.
Filing a Car Accident Lawsuit in Orange County, California
As you can probably imagine, personal injury lawsuits are intricate and tedious and can last for months or even years. Without an attorney, you may find the process overwhelming, especially when the other party or insurance company is armed with a team of tough attorneys on their side. Our team is readily available to walk you through each step, offering both guidance and counsel throughout the entire claim process. When you are ready to file a car accident claim in Orange County, CA, you and your attorney will follow these steps:
- Seek medical care. Ideally, you should seek medical treatment immediately following your accident. No matter how you feel or appear, it is possible there are unseen injuries for which you will want to be covered. All injuries should be treated as soon as possible, and a prompt diagnosis will help your case later on.
- Investigate the claim. Your lawyer will begin investigating the accident by collecting and analyzing evidence, police reports, eyewitness accounts, surveillance videos, medical records, and other data. At this time, your attorney will have a good idea as to what you are entitled to in your case and will build a strong legal case.
- Draft a demand letter. Your lawyer will use the information gathered in the investigation to draft a demand letter to be sent to the at-fault driver’s insurance company. This proactive step will inform them of the evidence deeming their party at fault for the accident and lay out the expected compensation.
- Negotiate the claim. Once the insurance company receives and reviews the demand letter, it will most likely present a counteroffer. This begins a negotiation process. Nearly all personal injury cases will be resolved during this stage and will not proceed to trial. Having a skilled and experienced attorney handling your case increases your chances of settling out of court since the insurance company will be more motivated to settle with an attorney.
- File your case. If liability is disputed or if the insurer challenges the severity of your injuries, there is a chance that negotiations will not lead to a settlement, and you will need to file a personal injury case against the at-fault party. Once filed, the case falls under court-imposed deadlines and supervision. Your lawyer will have a limited time to serve the defendant, and they will have a limited time to respond.
The Trial Process in an Orange County Car Accident Claim
Once you’ve filed a personal injury case against the at-fault party, you will begin the trial process, starting with pretrial. The trial will follow these stages:
- Discovery. This stage will largely resemble the investigation phase, but both sides will be involved in gathering strong documentation to support their claims. During discovery, each side will have legal backing in collecting information, such as Requests for Admission, depositions, and interrogatories, which involve written questions one must legally answer.
- Mediation. Negotiations will continue during pretrial in an effort for both parties to come to an agreement. In some cases, a judge may order alternative dispute resolutions, such as mediation. This involves including a neutral third party in the negotiations. The mediator will help the parties reach a settlement.
- Trial. Arguing a case in court is the last potential stage of any case. If no agreement can be reached prior to this point, a court will decide your case. Your trial may or may not involve a jury, depending on the details of your case. If the outcome is unfavorable, you will have the opportunity to appeal the decision in some cases.
Statute of Limitations in Orange County Car Accident Cases
The intricacies of California traffic law are unknown to most laypeople. The statute of limitations for filing a lawsuit can determine your case before you even enter a courtroom. Your attorney knows the time limitations as well as how to fill out and file the extensive pile of paperwork a lawsuit includes. Too many victims of car accidents are unable to collect the damages they need and deserve because their paperwork was filed too late or documents were not properly filled out or missing altogether. Don’t let this happen to you!
California residents have two years from the time of their accident to begin a personal injury claim for their related damages. Maintaining thorough documentation and keeping copies of all medical records will be necessary for claims made close to this deadline. However, it is vital that you begin the process as soon as you become aware of injuries resulting from your accident in order to avoid potential delays or denials of your claim.
Proving Fault in a California Car Accident Case
Proving fault, or legal liability, in a car accident case requires demonstrating that one or more parties were negligent. Negligence refers to one party’s failure to exercise reasonable care toward another, resulting in damages, like pain and suffering. In order to legally demonstrate negligence on the part of the other driver in your car accident, you must be able to prove the following:
- The driver owed you a duty of care. This is often the easiest aspect to prove, as all drivers have a legal duty of care towards other motorists to follow all traffic laws and operate their vehicles in a safe and reasonable manner. This can be more difficult to prove when pursuing a claim against a third party, such as a business, manufacturer, or construction company you believe shares a portion of fault for the accident.
- The driver breached that duty of care. When a motorist has violated a traffic law, operated their vehicle in an unsafe manner, or failed to exercise reasonable caution in avoiding a hazard, they have breached their duty of care.
- In addition to committing a traffic violation, such as speeding, driving under the influence, or running a red light, failing to respect weather conditions, road conditions, or other obstacles in a reasonable manner could constitute a breach of duty.
- You suffered damages as a direct result of that breach of care. When a breach of duty of care results in an accident, the negligent party is legally liable for all related damages. It will be up to you and your lawyer to demonstrate both the cause and extent of your injuries in connection with the accident. When the fault is clear, making this connection will be simpler. This aspect becomes more complex when fault is shared between several parties.
Statutory Negligence
In many cases, negligence will be legally presumed based upon the standard of statutory negligence. This means that anyone found to have violated a law will be under the legal presumption of negligence unless they can provide evidence to prove the contrary. If a motorist can provide no acceptable reason for having committed the violation, then no further evidence is needed to prove negligence or fault.
Shared Fault Laws in California
California traffic law includes a clause for Shared Fault claims, also known as Comparative Negligence, that could limit the damages you can collect. With Shared Fault, the court can find that both parties are partially to blame for the accident. A lawyer can explain this clause and the possible implications that may affect the amount of compensation you receive.
Often, no single party holds 100% of the fault for an accident. Instead, though another driver may have been violating traffic laws or engaging in reckless or negligent driving behavior, some fault may be found in the driver who is a victim.
Example of Shared Fault Claim:
Let’s assume, for purposes of this example, that the defendant who hit your car ran a stop sign. Let’s also assume that you were driving 10 miles over the posted speed limit. The attorney for the other party will likely argue that you take on a percentage of the blame.
If the court finds you to be 10% at fault for the accident, your lawsuit for recovering compensation that reaches a gross settlement of $50,000 in damages to cover the loss to your car and person may be reduced to a net amount of only $45,000 once your portion of the fault is subtracted.
The defending party will likely attempt to do all they can to establish that any portion of fault lies with you in order to reduce their liability in your case. They will scour the police report, evidence at the scene of the accident, and eyewitness accounts in order to make counterclaims against you.
Since any amount of fault, however great or small, will reduce your net settlement amount, it is vital that you work with a skilled attorney who can not only prosecute the negligence of the other party but also defend you against baseless claims of shared fault in your case. By effectively defending against claims of shared fault, your attorney can help protect the maximum amount of your entitled compensation.
When Comparative Negligence Works for You
In some cases, comparative negligence, or shared fault, may actually work in your favor. Because California operates on a pure comparative negligence standard, you are entitled to recover compensation for an accident no matter what portion of fault you share in the accident. In fact, even if you are deemed 99% at fault for an accident, you could legally pursue a claim for 1% of the settlement amount.
Given our previous example, let’s imagine that the roles are reversed, and you are the driver who ran through the stop sign, colliding with the other driver. Since they were found to be 10% at fault for the accident for speeding ten miles an hour over the posted limit, you could recover a portion of the potential settlement amount in your case. Assuming your damages totaled $60,000, this leaves you with $6,000 of recoverable compensation.
Whether or not you believe yourself to be at fault for an accident, it is in your greatest interest to speak with an experienced car accident attorney about pursuing a claim against the other driver or other third party in order to recover the maximum allowed benefits in your case. Your attorney can review the details of your case and provide you with an estimate of what your case is worth.
Could Other Parties Share Fault for the Car Accident?
In many cases, other third parties may be liable for some portion of the accident. Any negligent party found to have played a part in an accident can be held legally responsible for the accident. This could include, but is not limited to:
- Local municipalities or government entities. Cities are responsible for maintaining safe road conditions, which include ensuring roads are drivable, traffic lights are working properly, posted signs are visible, foliage is kept contained, and pavement markings, such as lanes and intersection boundaries, are properly kept up. If a tree or bush obstructs a proper view of traffic, for instance, a city could be partially liable for an ensuing accident.
- Construction companies or private contractors. Any construction on public roadways should be properly marked, and roads should remain free of debris or equipment. When detours or alternate routes are temporarily created, they should follow proper codes to ensure motorist safety while traveling.Negligent oversight, poorly designed routes, improper signage or warnings, and flying or falling objects could leave a contractor or construction team liable for an ensuing accident.
- Transportation employers. When a car accident involves a transportation company, such as a taxi, ride-share driver, bus driver, or other transportation employee, the employer could share liability. Improper training or vehicle maintenance on the part of the employer could contribute to a car accident.
- Trucking companies. A trucking or freight company could be responsible for an accident if it was caused by a fallen object that came from a truck belonging to them. Freight vehicles, such as semi-trucks or flat-bed trailers, are expected to properly strap down their cargo and could be liable for causing an accident if an object becomes loose, otherwise leaves their vehicle or enters the path of other motorists.
- Restaurants or bars. When a car accident is the result of a motorist driving under the influence, the restaurant or bar that served the driver could be held liable if they knowingly over-served alcohol or provided drinks to an obviously inebriated customer.
- Manufacturers. In some cases, a car accident occurs as the result of a mechanical failure or part malfunction. In these cases, a manufacturer could be held liable for the defect that led in part to the accident.
- Persons other than the driver. Passengers could be responsible if they interfered with the driver’s ability to operate the vehicle safely or encouraged an unfit motorist to drive. Parents of minors could be held liable for an accident that their children caused in some cases, especially if the driver was underage or unlicensed.
- Pedestrians. If a pedestrian violated the law or acted negligently, such as by unexpectedly running into traffic, they could share liability in the car accident case.
- Private property owner. If a business or owner of a private property that abuts traffic fails to maintain a safe space, such as by neglecting to cut a tree that overhangs into traffic, they could be held liable for an accident that occurs as a result.
What Types of Compensation Can I Recover for a Car Accident in Orange County , CA?
By providing substantial evidence to demonstrate that a driver acted negligently and was, at least in part, at fault for the accident, you can pursue a claim against that driver to recover damages. Legally, it is the responsibility of the liable party to make a victim “whole” again following an accident. This means that, as much as possible, you should be returned to the condition you were in before the accident.
This legal doctrine obligates the at-fault party to compensate you for damages related to the accident. Depending on the details of your particular case, you could be entitled to recover some combination of the following:
- Medical expenses related to your injuries. Your claim should seek to recover expenses incurred from seeking proper medical attention for your injuries. This includes any emergency services provided at the time of the accident, such as an ambulance or on-site care, hospitalization, medical procedures, surgeries, X-rays, medications administered or prescribed, and follow-up care, such as physical therapy, subsequent surgeries, doctor visits, and assistive devices, such as wheelchairs.
- Property damage to your vehicle. Car accidents involve damage to property as well as injuries, some of which can be severe. Your claim should cover the repair or replacement costs to restore your vehicle to its previous condition, providing the fair market price for its previous condition if it is deemed a total loss.The claim should also cover any other property damaged in the collision, as well as other expenses incurred due to the accident, such as towing costs and rental car fees.
- Lost wages from missed work. Recovering from injuries can take significant time, preventing you from being able to return to normal daily activities, such as work. Your claim should seek to recover lost income from the time missed from work. In addition, some long-term injuries or injuries resulting in permanent disability may prevent you from ever returning to work in the same capacity. Your claim can also seek damages for the loss of future earning capacity in these cases.
- Pain and suffering experienced. Your claim should seek compensation beyond the recovery of financial loss. Merely reimbursing all bills incurred from the accident does not account for the burden and stress placed upon you by the accident itself. Claims should include compensation for pain and suffering to cover the physical, emotional, and mental pain experienced.When the injuries are severe, victims can experience a significant change in quality of life. While these damages are difficult to calculate, an experienced attorney can help you seek a fair and just amount to cover pain and suffering.
- Punitive damages against the at-fault party. In some cases, a court may award punitive damages as a part of the settlement in an effort to deter future behavior by the defendant and others. In contrast to other compensation, punitive damages do not seek to restore the victim but rather to punish the negligent party. Punitive damages are commonly imposed in cases where gross negligence was present or when a felony was committed.For example, a drunk driver may owe additional compensation in the court’s effort to discourage such future carelessness through harsher punishment.
Liable parties, especially insurance companies, may be hesitant to take responsibility for the full financial impact of the accident and can look for ways to minimize their liability. This may mean challenging the severity or extent of your damages, undervaluing compensation, or attempting to dispute fault.
By working with a qualified and skilled attorney, you will be better equipped to secure a favorable outcome, as your lawyer can work diligently to seek the maximum legally allowed compensation.
Wrongful Death Accident Cases in California
Unfortunately, many car accidents result in death, whether immediately in the collision or subsequently as a result of injuries. When this happens, the victim’s family is entitled to seek compensation in their loved one’s place. This compensation includes all the same recovery that the victim would have been able to receive had they survived, as well as some additional coverage because of the death. The additional damages can include:
- Funeral and burial expenses. The family’s claim should seek to recover the cost of providing funeral services, interment fees, cremation costs, and the cost of purchasing a casket. Caring for the death of a loved one can be expensive, and the family should not have to bear the burden of that cost in wrongful death cases.
- Loss of consortium. In addition to recovering the lost wages and future earning capacity of the deceased victim, the family’s claim should also seek to recover damages for the loss of consortium. This represents the intangible losses associated with losing a loved one, such as the loss of love, support, companionship, intimacy, and care that the victim would have continued to provide were it not for their wrongful death.Like pain and suffering, this can be a challenge to calculate, but courts are generally favorable to family members who have lost a loved one due to another party’s negligence.
Financial Limits for California Lawsuits
There are often exceptions to the rules that you may qualify for but not even know about. An attorney can find these exceptions for you to maximize the compensation you are entitled to.
For example, California law places limits on financial gains for certain types of damage. An uninsured driver may not be eligible to collect the full compensation that those who have insurance may be entitled to. Damages such as pain and suffering that do not have a specified monetary amount to award may not be awarded to an uninsured driver under California law.
How Much Can I Claim in My Orange County Car Accident Case?
Settlement amounts for accident cases will vary widely depending on the severity and extent of your injuries and losses. The average car accident settlement amount in California is between $21,000 – $30,000. However, every case is different, and settlement amounts can vary drastically based on all of the previously mentioned factors, such as:
- The percent of fault by each party
- The severity of injuries experienced
- The extent of property damage incurred
- The nature and degree of negligence by the at-fault party
How Much Does an Orange County Car Accident Attorney Cost?
If you’ve been involved in a vehicle accident, it is vital that you speak with a qualified Orange County auto accident lawyer as soon as possible. Many attorneys, including those at Duque & Price, offer free consultations on your case, providing an obligation-free means of assessing what your case could entail and giving you counsel on what steps to take.
If you decide to continue with your case, your attorney will be upfront with their fee structure at the beginning. Generally, accident attorneys and personal injury lawyers work on a contingency fee basis. This means they will receive a portion of the final settlement amount if and when they are able to secure one. While the percentage may vary based on experience and skill, lawyers tend to receive around 33% of the net settlement.
This structure eliminates any immediate financial obligation required to secure legal counsel, increasing the accessibility of qualified and experienced legal care to all victims. When considering hiring an accident attorney, it should be noted that in most cases, a skilled lawyer is able to recover significantly more damages than victims who attempt to negotiate claims without an attorney. This is generally because qualified attorneys:
- Have a greater sense of what your claim is worth and can work tirelessly to recover a fair and just amount.
- Are willing to take a case to trial in order to secure a favorable outcome, which is something most insurance companies will try to avoid at all costs.
- Have the experience and skills required to conduct a thorough and comprehensive evaluation of your case through investigations, interviews, and gathering evidence.
- Can effectively negotiate with insurance companies and other lawyers involved in the case to pursue a settlement agreement that represents a favorable outcome for their client.
- Understand how other parties, such as local municipalities, construction companies, businesses, auto parts manufacturers, and private property owners, may share fault in the case, and lawyers can pursue additional claims as appropriate.
Contact Your Orange County Car Accident Lawyer Today
Your personal injury attorney is your greatest advocate in court. At the Orange County Law Offices of Duque & Price, we maintain a staff of highly professional, knowledgeable, aggressive, and successful car accident attorneys who represent injured people through our offices all across Southern California. Time limitations apply to any injury claim you might have, so for purposes of investigating a possible case, and possibly preserving evidence, it is best for you to contact us immediately after an accident.
Contact the Orange County law office of Duque & Price at 877-590-0080 for a free consultation and case evaluation. You can even use our online contact form, and we’ll reply to you quickly.