Irvine Personal Injury Resources
- Why Choose Callahan & Blaine for Your Injury Claim?
- Do I Need a Personal Injury Attorney?
- What Are Personal Injury Cases?
- California Personal Injury Laws
- California Negligence Laws
- Steps to Take After a Personal Injury
- How to Prove a Personal Injury Case
- How Much Is My Personal Injury Case Worth?
- How Much Does A Personal Injury Lawyer Cost?
- California Personal Injury Statute Of Limitations
- Contact an Irvine Personal Injury Attorney Today
Why Trust Callahan & Blaine With Your Injury Claim?
The team at Callahan & Blaine is ready to get to work on your behalf. With decades of experience to bring to your case, you can be certain that you have a capable attorney on your side.
- We hire the most experienced and successful trial attorneys who are not afraid to take a case to trial if that is what is necessary to secure the compensation you deserve.
- We have secured more than $1 billion for our clients.
- Our Irvine personal injury attorneys have significant experience in this area of law and a deep understanding of the technical issues that may arise.
- We take all cases on a contingency fee basis, meaning that we will not charge you a dime unless we are successful with your case.
Do I Need an Injury Attorney?
Personal injury cases can become complex and often involve various parties, including the defendant, their insurance carriers, and their legal teams. If the defendant is a business or organization, the challenges can seem insurmountable.
Your Irvine personal injury lawyer will be the person to level out the playing field and ensure you are treated fairly. This will include making sure all aspects of the case are investigated, and all evidence is gathered to support your case. Your attorney will handle negotiations and work to secure a fair settlement or go to trial if necessary.
What Are Personal Injury Cases?
Personal injury cases are civil claims that arise when an accident victim (plaintiff) suffers harm from an accident or injury due to the negligent actions of another party. Negligence is a critical component in any personal injury lawsuit and is one party’s failure to uphold a duty of care in a particular situation. The negligent party’s insurance company will pay the victim for pain and suffering, medical bills, and other ongoing medical costs. The potential reasons for a personal injury lawsuit in Irvine, CA are endless, ranging from car accidents to motorcycle accidents to wrongful death claims. The Irvine personal injury lawyers at Callahan & Blaine can help you recover damages caused by defective products, unsafe premises, negligent security, and more.
PERSONAL INJURY CASES WE HANDLE
The team at the law firm of Callahan & Blaine recognizes that personal injury cases arise in various ways. We commonly help clients who have suffered catastrophic injury due to the negligence of other people in the following incidents:
- Car accidents
- Bicycle accidents
- Pedestrian accidents
- Truck accidents
- Bus accidents
- Motorcycle accidents
- Dangerous property/slip and fall cases
- Wrongful death
- Faulty product incidents
Injuries from these cases can lead to significant medical bills for victims and their families. If a victim cannot work while they recover, the lost income can irrevocably harm his or her family’s finances. A personal injury case not only helps victims recover the financial compensation he or she needs but also works to ensure that negligent parties are held accountable for their actions.
California Personal Injury Laws
When working to understand personal injury claims in California, it is important to analyze the various laws in place concerning the different types of injuries that can occur. Here, we cover some of the various personal injury laws in the state of California.
CAR ACCIDENTS
California is a fault-based system concerning vehicle accidents. This means that the negligent party or their insurance carrier is responsible for covering the injury and damage expenses of other parties involved. Nearly every vehicle accident in California must be reported, and individuals involved in accidents must remain at the scene of the crash and exchange information with other drivers and passengers involved.
The minimum insurance required for all drivers in the state of California includes:
- Bodily injury liability coverage: $15,000 per person / $30,000 per accident minimum
- Property damage liability coverage: $5,000 minimum
If a victim sustains damages greater than the at-fault party’s policy limits, then they may be able to file a lawsuit against the negligent party to recover the difference. Car accident injury claims in California must be filed within two years from the date the accident occurred.
DANGEROUS PRODUCTS
Anytime a person is injured due to a defective product, it may be possible to hold various parties responsible for the injury damages. This can include the product manufacturer or company, the retailer that sold the product, third-party product suppliers, and more. Products typically become defective due to faulty designs, manufacturing errors, or misleading labeling.
Product liability claims in California must be filed within two years after the date a person was injured. Additionally, there is a three-year statute of limitations in place for property damage caused by faulty products.
WRONGFUL DEATH
Wrongful death claims arise out of a variety of circumstances. Anytime the negligence of another individual, business, or entity causes another person’s death, the deceased’s surviving family members are allowed to file wrongful death claims. According to California Code of Civil Procedure § 377.60, those allowed to file claims include the deceased’s:
- Spouse
- Domestic partner
- Children
- Any other party “who would be entitled to the property of the decedent by intestate succession”
Wrongful death claims must be filed within two years from the date the deceased passed away.
DAMAGE CAPS IN CALIFORNIA
Some states place limitations on the amount of money a personal injury victim can receive in compensation for their losses. These limitations are called “damage caps.” In California, there are no limitations on the amount of money a person can receive for economic damages after an injury. This includes compensation for medical bills, lost wages, out-of-pocket expenses, and other compensatory damages.
Likewise, in most personal injury claims, there is no limit to the amount of money that a person can be awarded for pain and suffering damages, or non-economic damages. However, there is an exception when it comes to medical malpractice claims. In California, medical malpractice claims have a $250,000 cap on pain and suffering and other non-economic damages. There is no limit to the amount of economic damages a medical malpractice victim can receive.
California Comparative Negligence
California operates under a “pure comparative negligence” system. This means that an injury victim can still recover compensation even if they are partially at fault for the incident that caused them harm. Injury victims can recover compensation even if they are up to 99% at fault for the incident. However, the compensation they receive will be reduced based on their percentage of fault.
For example, if a jury awards $100,000 to a car accident victim, but also determines that the victim was 20% responsible for the crash, then only $80,000 in total damages will be awarded. To learn more about the negligence laws in California, speak with a personal injury lawyer in Irvine.
What to Do After a Personal Injury in Irvine, CA
In the aftermath of a sustaining a serious personal injury, victims can take various steps to ensure they receive adequate care and compensation for their losses. The steps that an injury victim takes immediately following a crash, as well as in the days and weeks following the incident, are crucial. Here, our Irvine injury attorneys outline some of the steps that you need to take following a personal injury incident:
- Seek medical care. Regardless of how severe your injuries may be, you need to seek medical care as soon as possible following an injury. Even if your injuries do not seem severe or if you are in no pain at all, it is strongly advised that you let a doctor conduct an evaluation and determine the extent of your injuries. The signs and symptoms of many injuries do not appear until hours or days after the incident. If you wait until you absolutely need medical care, insurance adjusters or at-fault parties will use this as evidence against you and claim that you were not really injured due to the incident.
- Gather evidence if possible. As soon as the injury occurs, and if you are able to safely do so, you should begin gathering evidence that could help your case. This can include taking photographs at the scene of the crash by using your cell phone or another device. This can also include gathering the names and contact information of any eyewitnesses to the incident.
- Contact an attorney. Some personal injury steps do not bring up contacting an attorney until the bottom of the page. However, we strongly recommend seeking an attorney as soon as you are able to do so. By getting a personal injury lawyer in Irvine on your side quickly, you can ensure that the evidence will be obtained and preserved in order to help your claim. An attorney will be able to handle communication with all parties involved for you so you can focus on recovery.
- Report the incident to your insurance carrier. You or your attorney need to report the incident to your insurance carrier as soon as possible, particularly if this is a car accident case. Most insurance carriers require that injuries be reported as soon as possible after the accident occurs. You do not have to go into significant detail with your initial report, but notification is vital.
- Continue your medical treatment. You need to continue all medical treatments prescribed by your doctor until you have reached maximum medical improvement. Any lapses in treatment or discontinuation of treatment will be taken as a sign by insurance carriers that you are not as severely injured as you claim.
How to Prove Negligence
One of the most important aspects of successfully securing maximum compensation for your claim will be proving the liability of the other parties involved in the case. Most accident and injury cases will hinge on proving the negligence of another party involved. There are four elements of negligence that need to be proven by you or your Irvine personal injury attorney in order for your case to be successful. These include the following:
- Duty of care. A duty of care signifies an obligation that one party has in avoiding injuring another person. In most cases, everybody has some sort of duty of care towards others. However, this duty will vary depending on the circumstances related to the injury case. For example, drivers have a duty of care not to operate their vehicles while impaired by alcohol or drugs. Doctors have a duty to provide each patient with an adequate level of care. Property owners and operators have a duty of care to ensure the safety of their premises. The duty of care for each injury case will need to be closely examined.
- Breach of duty. The next element to prove in these cases will be showing that a breach of duty occurred. If a person owes another individual a duty of care and they fail to live up to that duty, their actions could be negligent or careless. Operating a vehicle while impaired by alcohol or drugs and causing a crash is likely a breach of duty of care on the part of the impaired driver. If a doctor fails to obtain informed consent from a patient and subsequently injures them during a procedure, this is likely a breach of duty of care.
- Causation. In some cases, the other party may claim that, even though they breached their duty of care, their negligence was not the cause (or the sole cause) of the other person’s injuries. For example, an impaired driver may claim that they only rear-ended another driver because the other driver was operating with faulty brake lights. It is vital to show that the breach of duty of care directly caused the injuries to the victim.
- Damages. Finally, it needs to be proven that the injury victim suffered some sort of damages as a result of the breach of duty of care. This can include medical bills, pain and suffering damages, lost income, etc.
Damages in California Personal Injury Cases
If you or someone you care about has been injured due to the reckless or careless actions of another person, you should seek help from a dedicated personal injury lawyer in Irvine. The team at Callahan & Blaine is going to be by your side. We will investigate every aspect of what happened so we can secure the financial compensation you need. This can include:
- Coverage for all of your medical expenses related to the incident
- Lost income if you cannot work while you recover
- Pain and suffering damages
- Loss of enjoyment of life damages
In the event the defendant’s actions were egregious, punitive damages may also be awarded in California personal injury cases. Punitive damages, or exemplary damages, are meant to punish the defendant for his or her conduct and deter similar behavior from happening in the future. While there is no exact set amount you are entitled to in a personal injury lawsuit, compensation depends on a number of factors including:
- Total cost of your medical bills
- Type and severity of your injuries
- Pain and suffering as a result of your injuries
- Future ongoing medical costs (i.e. physical therapy, prescriptions, appointments, etc.)
- Degree of negligence that contributed to your injuries
Consulting with an experienced personal injury lawyer in Irvine is the best way to get an accurate estimate of the compensation you may be entitled to in a personal injury lawsuit.
How Much Does An Irvine Personal Injury Attorney Cost?
The cost of a personal injury lawyer can vary greatly depending on the specifics of your case. At the personal injury law firm of Callahan & Blaine, we represent clients on a contingency-fee basis. Under this arrangement, there are no upfront costs to hire an Irvine injury attorney at our firm and there are no ongoing costs throughout the litigation process. All legal fees are advanced and clients will only pay if we secure compensation on your behalf. If we don’t win, you don’t pay. This allows our clients to secure the highest quality legal representation when they need it most, regardless of their ability to pay upfront.
Personal Injury Statute Of Limitations In California
The statute of limitations, or deadline for filing a lawsuit, for personal injury cases in California vary based on the specific circumstances of an individual’s cases. Generally speaking, injury victims have two years starting from the date of the accident or incident to file a claim in California. If you try to file a personal injury claim after the two years have passed, the courts will likely dismiss your case and you’ll lose your right to seek compensation for your injuries, regardless of how significant they might be. Since there are many factors to consider in filing a lawsuit, it is important to speak with a knowledgeable Irvine personal injury attorney as soon as possible following an accident. Doing so will ensure that you don’t miss any deadlines to file a lawsuit and lose your right to collect damages from the negligent party.
Schedule a Free Consultation With a Top Injury Attorney in Irvine, CA
If you or a loved one suffered an accident injury and need legal advice from an experienced Irvine personal injury lawyer, we may be able to help. Whether you were in an Irvine car accident and suffered a spinal cord injury or lost a loved one to wrongful death linked to medical malpractice, our attorneys can walk you through the legal process from start to finish. Contact Callahan & Blaine for a free consultation by calling our law office at 888-284-0809.
