After an accident, victims are often faced with serious physical discomfort, emotional distress, and financial hardships. If you or a loved one has been injured in an accident, our experienced Tustin personal injury lawyers can help.
At Attorney Jeff Car Accident Lawyer, our award-winning legal team combines local insight with years of courtroom and negotiation experience to get our clients the maximum compensation they deserve. Schedule a free consultation with our Orange County personal injury law firm by calling (949) 828-2405.
If You Were Injured in an Accident, Jeff’s Got You
Our Tustin personal injury law firm is dedicated to securing the best possible results for clients, addressing both their health and financial needs through successful case resolutions.
Personal injury law covers various case types. Whether you were driving through the busy streets of Old Town Tustin or cycling down Newport Ave. when the incident occurred, we offer our legal services for any of the following practice areas:
- Bicycle Accidents
- Car Accidents
- Dog Bites
- Motorcycle Accidents
- Pedestrian Accidents
- Slip and Fall Accidents
- Truck Accidents
- Uber Accidents and Lyft Accidents
- Workers’ Compensation
- Wrongful Death
Each case type has its own legal standards to adhere to, such as roadway design, municipal ordinances, industry regulations, or product liability standards. An Orange County personal injury attorney familiar with local courts and judges can spot critical issues others may overlook.
How California’s Personal Injury Laws Affect Your Claim
California state law gives injured victims the right to pursue full and fair compensation when someone else’s negligence causes injury. Some of the most relevant laws often applied in personal injury cases typically include the following.
Elements of Negligence
To recover compensation in a personal injury case, negligence must be established. This involves demonstrating the following four elements:
- Duty of Care: The defendant owed the plaintiff (victim filing a claim) a legal duty to act in a reasonable manner. For example, all road users must obey traffic laws.
- Breach of Duty: The defendant breached the duty of care by failing to act in a reasonable manner. For example, a property owner failed to clean up a spill.
- Causation: The breach of duty caused the plaintiff’s injury. For example, a car crash directly caused a broken arm injury.
- Damages: The personal injury accident resulted in the plaintiff suffering damages, such as medical bills, lost wages, or pain and suffering.
An experienced Tustin personal injury attorney will proactively investigate the accident to preserve evidence, obtain traffic-camera footage, work with accident reconstruction experts, and collect witness statements to prove liability on the other party.
Statute of Limitations
In California, the statute of limitations for personal injury lawsuits is two years from the date the injury occurred. Failing to file within this timeframe will typically bar any right to recover compensation. Some exceptions to the statute of limitations include:
- Claims Against Government Entities: The filing period is reduced to six months from the date of the incident when filing a claim against the city of Tustin or local government.
- Accidents Involving Minors: The statute of limitations in personal injury cases involving minors may be paused until the child reaches the age of 18.
- Discovery Rule: For latent injuries, like workplace chemical exposure with delayed symptoms, the statute of limitations begins when the injured party discovers or should have discovered the injury or wrongful act.
Because exceptions are highly technical and legally complex, it’s important to consult with a local attorney to ensure the filing window is not missed.
Pure Comparative Negligence
California operates under a pure comparative negligence system. In this system, even if an injured party is found to be partially responsible for his or her own injuries, compensation may still be recovered. However, financial compensation is reduced by an assigned percentage of fault.
For example, a bicyclist who is hit by a speeding car and not wearing a helmet may share some responsibility for the resulting traumatic brain injury. If total damages are $100,000 and the cyclist is deemed 20% at fault, $80,000 would be awarded ($100,000 minus 20%).
During settlement negotiations, insurance companies frequently take advantage of unclear fault assessments, pressuring accident victims into accepting inadequate offers. An experienced attorney will aggressively work to reduce the amount of assigned fault to get clients fair compensation.
Why You Need an Experienced Orange County Personal Injury Lawyer
Having an attorney is crucial, whether your case settles or goes to trial. Without legal representation, insurance companies may try to minimize your payout and undermine your credibility. To secure the full and fair compensation you deserve for your injuries, a personal injury attorney in Orange County can significantly improve your chances of a successful outcome.
Insurance Company Tactics That Will Reduce Your Claim
Insurance companies are in the business of profit, not people. From the moment you file a claim, you’ll likely encounter adjusters whose job is to settle quickly and for as little as possible. To accomplish this, they will often employ the following tactics.
Early Contact and Recorded Statements: Insurance companies often seek recorded statements shortly after an accident that could be manipulated to suggest the victim was at fault or that serious injuries were not sustained. Even an innocent comment like “I’m doing fine” or apologizing for the accident can jeopardize a personal injury claim.
Undervalued Settlement Offers: While a quick settlement might seem appealing for its convenience and immediate funds, it often falls short of covering the full extent of losses in personal injury accidents. Accepting such an early offer is irreversible, potentially leaving accident victims to pay for medical bills and other damages out of pocket.
Medical Release: Stating it’s for insurance purposes, adjusters may request victims to sign medical releases, which would grant them access to current and past medical history. This poses a risk because the insurance company may argue that the injuries claimed were not caused by the accident and were actually pre-existing.
Social Media Surveillance: Insurance adjusters often monitor social media activity. They look for posts or interactions from the victim discussing the accident or recovery. Any public statements suggesting a quick recovery can be used to argue that the victim is exaggerating the pain and the extent of injuries.
Delays and Bad Faith Practices: Insurance companies sometimes act in “bad faith” by undervaluing claims, misrepresenting policy language, or delaying payments. They might request unnecessary accident details or question coverage to slow down the legal process and pressure victims into accepting inadequate settlements.
5 Things to Do After a Personal Injury Accident
To ensure your well-being and to preserve your personal injury claim, it’s important to take the following steps after an accident.
- Seek Medical Care Immediately: Seek immediate medical treatment, even for seemingly minor injuries. Delaying treatment can negatively impact your health and may be used to argue that your injuries were not serious. Retain all medical records and invoices.
- Report the Accident: Call 911 to obtain a police report for traffic collisions, collect an incident report from a supervisor for workplace accidents, or notify property management for premises liability cases.
- Document the Accident: Take photos/videos of injuries, vehicle damage, skid marks, road conditions, signage, lighting, wet floors, or animal control notices to demonstrate the condition of the accident scene and aftermath. Also, ask witnesses for brief statements and contact information.
- Obtain Evidence: Collect names, phone numbers, driver’s license numbers, insurance details, and badge numbers (for police officers or security personnel). Do not discard ripped clothing or repair a damaged vehicle, as this demonstrates the accident severity.
- Maintain a Journal: Document daily symptoms, medical appointments, emotional ups and downs, and lifestyle disruptions. This ensures consistency and accuracy in the retelling of events, as well as substantiates non-economic damages.
To maximize your claim, avoid early settlement talks with the insurance companies. Most importantly, do not provide any recorded statements or sign releases before consulting with legal counsel. Our Tustin personal injury attorneys offer a 100% free case evaluation.
Common Types of Injuries That Can Be Compensated
Personal injury lawyers assist clients who have sustained various injuries due to the negligence or wrongful conduct of others. The most common types of injuries sustained in most accidents include the following.
Traumatic Brain Injuries (TBI)
A Traumatic Brain Injury (TBI) results from a sudden head trauma, such as in car accidents or slip and falls, causing brain damage ranging from mild concussions to severe injuries.
Spinal Cord Injuries
A spinal cord injury (SCI) is a traumatic injury to the central nervous system that disrupts communication between the brain and body. Catastrophic injuries, like spinal injuries, are often sustained in motorcycle accidents, truck accidents, and other motor vehicle accidents. SCIs can lead to paralysis, such as paraplegia or quadriplegia.
Burn Injuries
Personal injury lawyers handle burn cases from fires, explosions, hot liquids, or chemicals, which can cause severe scarring and long-term issues. Burns are classified by the depth of tissue damage using a degree system (1st to 3rd, sometimes 4th for deep burns).
Broken Ankle, Fractures, and Broken Bones
A fracture, or broken bone, is a disruption in bone continuity ranging from minor cracks to severe breaks with multiple fragments. Accident-related fractures may necessitate surgery, extensive rehabilitation, and lead to chronic pain.
Soft Tissue Injuries
Soft tissue injuries involve damage to the body’s muscles, tendons, and ligaments, frequently resulting from accidents, overuse, or abrupt motions. These common injuries vary in severity and can cause chronic pain and mobility problems.
Amputations
Catastrophic injuries, involving the removal of damaged limbs due to accidents, injuries, or medical conditions, necessitate prosthetic devices and lifestyle changes. Surgeons remove the non-viable limb portion, preserving healthy tissue to optimize potential prosthetic use and later rehabilitation for regained mobility and function.
Internal Organ Injuries
Internal organ injuries, ranging from minor to life-threatening, involve damage to organs within the chest and abdominal cavities. They can result from serious accidents, caused by blunt force or penetrating trauma affecting organs like the liver, spleen, or kidneys, potentially requiring surgery and ongoing care.
Whiplash Injuries
Whiplash is a neck injury from a sudden, forceful back-and-forth head movement, often in rear-end car accidents. This rapid motion strains neck muscles, tendons, ligaments, and other soft tissues.
Orthopedic Injuries
Personal injury lawyers frequently manage cases involving musculoskeletal injuries such as torn ligaments and dislocated joints. Orthopedic injuries affect the body’s bones, joints, muscles, tendons, and ligaments, ranging from minor sprains to severe fractures and dislocations..
Vision and Hearing Loss
Explosions, loud noises, or head injuries can cause partial or complete vision and hearing loss, requiring extensive medical treatment and rehabilitation. This can severely affect a person’s physical, emotional, social, and daily life to varying degrees depending on the severity and onset.
Emotional and Psychological Trauma
Personal injuries can cause emotional and psychological trauma that varies based on individual resilience, injury severity, and support. This trauma is a normal response, and professional mental health support is often crucial for managing these challenges.
Crush Injuries
A crush injury happens when a body part is squeezed by heavy objects or machinery, damaging muscles, bones, blood vessels, and nerves. These injuries vary in severity and can lead to serious issues like amputation.
Nerve Damage
Accidents can cause nerve injuries, also known as neuropathy, leading to chronic pain, loss of sensation, or muscle weakness due to damage or dysfunction in the body’s signal-transmitting nerves. This damage can impair sensation, movement, and bodily regulation.
Scarring and Disfigurement
Permanent accident-related scarring and disfigurement significantly and lastingly affect physical, emotional, and psychological well-being, causing visible and personal distress, including emotional issues and social isolation.
Chronic Pain Syndromes
Chronic Pain Syndrome (CPS) involves persistent, often debilitating pain lasting six months or longer, resulting from various conditions or injuries. It encompasses physical, emotional, and psychological factors, significantly impacting quality of life, as seen in conditions like CRPS or fibromyalgia.
What Can Be Recovered in a Personal Injury Case?
Compensation will vary for every personal injury case, typically consisting of economic, non-economic, and/or punitive damages. Common examples for each may include, but are not limited to, the following.
Economic Damages
These damages are measurable financial losses resulting from injury or harm that compensate for both past and anticipated financial costs.
- Lost Wages and Diminished Earning Capacity: Loss of income during recovery, inability to return to work, or diminished ability to earn income if injuries caused temporary or permanent disability
- Medical Expenses: All doctor visits, ongoing medical care, hospital stays, surgeries, rehabilitation, prescriptions, and medical devices
- Out-of-Pocket Expenses: Transportation to medical appointments, homecare assistance, or home renovations to accommodate injury
- Property Damage: Repair or replacement costs for vehicles or other personal belongings
Non-Economic Damages
These damages compensate for non-monetary losses resulting from the incident, unlike economic damages that cover financial losses.
- Disfigurement and Disability: Permanent scars, amputation, or mobility impairments
- Emotional Distress: Anxiety, depression, post-traumatic stress disorder (PTSD) that interferes with daily responsibilities or other activities
- Loss of Enjoyment of Life: Inability to participate in hobbies, sports, or family activities that were previously enjoyed
- Pain and Suffering: Physical pain and/or mental suffering
Punitive Damages
Under rare circumstances of gross negligence, reckless conduct, or intentional wrongdoing, such as driving under the influence in car accident cases, the courts may award punitive damages to punish the defendant and deter similar conduct. Securing punitive damages requires clear and convincing evidence, which experienced litigators can provide.
Why Choose Our Personal Injury Law Firm in Tustin, CA?
Your physical, emotional, and financial recovery should always be at the forefront. This is why our compassionate legal team prioritizes our clients’ best interests, offering the following award-winng services.
Local Expertise
- Deep understanding of Orange County courts, judges, and opposing counsel
- Strong relationships with local medical providers to pair clients with the best medical care
Personalized Attention
- Limit overall caseload, so all clients receive direct access to their attorney
- Regular case updates and meetings to address questions and concerns
Proven Track Record of Recovering Fair Compensation
- Millions recovered in settlements and jury verdicts for clients
- Client satisfaction with an A Rating from The Better Business Bureau
Aggressive Negotiation and Litigation
- Experienced legal representation focused on achieving the best possible result through negotiation or litigation
- In-depth assessment of damages, such as medical-bill auditing and economic loss analysis to determine a fair settlement amount
Compassionate Support
- Guidance through medical referrals, rehabilitation resources, and counseling services
- Manage insurance company interactions to protect the integrity of the personal injury claim
Contingency Fees: “No Win, No Fee”
Experienced attorneys in Tustin, CA often handle cases on a contingency fee basis, meaning:
- No Upfront Costs: Free consultation and advanced attorney fees until a successful case verdict or settlement is reached
- Performance-Based Pay: A smaller percentage (typically 33% to 40%) of awarded compensation payable only if the case is won
Before signing any agreement, a lawyer must provide a written fee agreement that clearly states the percentage, expense deductions, trial fees (if applicable), and any additional costs.
What to Expect During Your Free Initial Consultation
At Attorney Jeff Car Accident Lawyer in Tustin, we offer a free, no-obligation consultation to review ALL prospective clients’ cases, with zero obligation to retain our services. To make the most of this meeting, prepare to provide:
- A summary of how, when, and where the accident occurred
- All medical records, bills, and treatment recommendations
- Yours and the other party’s Insurance information (if applicable)
- Photos or videos of accident scenes, injuries, and property damage
- Police or incident report numbers
- Contact information for any witnesses
- Pay stubs or income records demonstrating lost income
During the Consultation
- Evaluate Liability – Determine if the other party owed a duty of care, and how it was breached
- Assess Damages – Identify what economic and non-economic losses were suffered
- Outline Your Options – Explain negotiation versus. filing a lawsuit and realistic timeframes
- Explain Our Process – Outline the investigation steps, expert involvement, and communication protocols
- Review Fee Agreement – Clarify how a contingency fee structure works and any other potential costs
By the end of the meeting, you’ll know whether you have a viable case, what to expect next, and how we can help you seek compensation.
Frequently Asked Questions About Personal Injury Claims
How long do I have to file a personal injury claim in California?
Generally, you have two years from the injury date to file a lawsuit. If a government entity is at fault, the deadline is six months, but other exceptions may apply.
What if I was partly at fault for the accident?
California’s pure comparative negligence law holds all parties involved liable for damages, but you may still recover partial compensation even if you are also responsible.
How much does a personal injury attorney cost?
Some attorneys charge flat rates or hourly fees. However, contingency fees are common amongst personal injury attorneys.
Can I handle my personal injury claim on my own?
Yes, but self-representation may result in the claim being denied or agreeing to an undervalued settlement. Insurers exploit unrepresented victims to minimize or avoid liability.
How long will my case take?
While insurers must respond to most personal injury claims within 45 days, most cases settle within 6 to 18 months. However, complex cases or those requiring trial may take longer.
Attorney Jeff Car Accident Lawyer
If you’ve been injured in Tustin or Orange County due to a car accident, slip and fall, dog bite, or any other type of accident, it’s crucial to act quickly. Evidence can be lost, memories can become unclear, and important deadlines may pass.
Contact the experienced personal injury lawyers at Attorney Jeff Car Accident Lawyer to schedule a free initial consultation today. Focus on recovery; let us handle the legal battle. After an accident, Jeff’s got you.
Schedule a Free Case Evaluation with a Personal Injury Lawyer
Contact our Orange County personal injury law firm today to schedule a case evaluation for your personal injury case.
Address: 202 Fashion Ln., Suite #211, Tustin, CA 92780
Phone Number: (949) 828-2405
Attorney Jeff Car Accident Lawyer’s Other Locations
Our personal injury attorneys serve Tustin, Orange County, and the surrounding communities, and we are ready to discuss your case. Contact one of our Southern California offices today.