Orange County Personal Injury Attorney
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Mesriani Law Group has established itself as a premier personal injury law firm in Orange County, with a legacy spanning over two decades of unwavering commitment to victims of accidents that resulted in personal injury. Our team is comprised of seasoned personal injury attorneys that bring specialized expertise to the table and ensure that we are equipped to handle a broad spectrum of claims. This includes everything from vehicle-related accidents, car collisions, pedestrian incidents, slip and fall cases, traumatic injuries, general negligence, and wrongful death cases. Our comprehensive approach helps build winning cases and ensures that our clientโs rights are protected throughout the personal injury claims process.
We also understand that the aftermath of an accident goes beyond physical injuries. It often results in long terms financial, health, and emotional burdens. Mesriani Law Group recognizes these concerns. To alleviate any further financial stress, our firm offers a “No Win, No Fee” guarantee. This contingency-based model ensures that our clients are charged only if we secure a win in their claim. Such an approach not only reflects the firm’s confidence in its capabilities but also its dedication to ensuring victims receive the compensation they deserve so they can cover medical bills and be compensated for pain and suffering, lost wages, and disabilities.
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What is a Personal Injury Lawyer & What Do They Do?
Personal injury lawyers are instrumental in aiding victims of accidents that arise from another’s negligence. Their expertise covers a broad spectrum, from providing legal counsel during insurance negotiations to representing clients in court when settlements are unable to be reached.
Personal injury lawyers are tasked with assisting clients in recovering a range of damages [1]. These damages can include medical expenses due to injury, compensation for pain and suffering, relief for emotional distress, recouping lost income due to an inability to work, compensation for the loss of a loved one, and covering legal fees. Moreover, personal injury lawyers serve as a protective barrier that ensure clients aren’t exploited by insurance companies or the legal system.
The involvement of personal injury lawyers spans the entirety of the legal process. It commences with determining liability and persists until a settlement is achieved or a trial concludes. The initial stages of a case are intricate and involve several steps:
- Investigating a claim to ascertain liability
- Gathering evidence, studying pertinent case law, and crafting a legal strategy
- Drafting vital legal documents, such as pleadings, motions, and discovery requests
- Conducting interviews and deposing witnesses
These preliminary tasks are foundational for trial preparation and allow a legal team to advocate effectively for their clients during negotiations. However, there are instances when negotiations might fail which can result in a personal injury claim going to trial. In such scenarios, the expertise of a seasoned personal injury lawyer with litigation experience becomes invaluable as it ensures the victim has the best chance of winning their claim and obtaining the compensation they rightfully deserve.
Read more: What Does a Personal Injury Lawyer Do?
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Do I Need a Personal Injury Lawyer?
Accidents resulting from another’s negligence can occur unexpectedly and lead to severe injuries and even impact one’s ability to work. Such traumatic incidents often necessitate immediate and prolonged medical care. These unforeseen medical needs can impose significant financial burdens on victims, through no fault of their own. However, the journey to obtain rightful compensation is fraught with challenges, from negotiating with insurance companies to navigating the intricate legal system, which doesn’t always favor the injured party.
Personal injury lawyers, like those from Mesriani Law Group, play a pivotal role beyond just legal representation. They ensure victims receive the comprehensive medical care they need, from the initial consultation to ongoing treatments and aftercare. An unfortunate reality is that insurance companies will try to pressure victims into premature settlements to avoid the responsibility of future medical expenses. Without the guidance of an expert personal injury lawyer, victims may agree to signing away their rights to just compensation [2]. Our attorneys provide invaluable counsel and advise clients on whether to settle or proceed to trial. Should a trial become necessary, we champion our client’s rights, striving to secure the maximum possible compensation.
Read more: Do I Need a Personal Injury Lawyer
Why Choose Mesriani Law Group for Your Personal Injury Lawyer
No Win No Fee Policy
Mesriani Law Group offers a No Win No Fee guarantee to all our clients, meaning if we donโt win your case you donโt have to pay us anything.
Proven Track Record
Established in 1996, Mesriani Law Group is Californiaโs most proven and trusted law firm. We've recovered hundreds of millions of dollars for our clients which proves our approach is successful and our results prove it.
Experienced Personal Injury Attorneys
Rodney Mesriani along with the competent and seasoned lawyers of Mesriani Law Group has over two decades of experience, top-notch expertise, and sincere dedication in protecting victims of personal injury accidents.
Satisfied Clientele
Mesriani Law Group represents clients from all walks of life regardless of status and the value of your claims. Given the highest rating by our clients as seen in Yelp, Avvo, Google, and so on.
Multilingual Staff
Effective communication and exceptional customer service is what our firm is known for. Our professional and cordial multilingual team speaks Farsi, Spanish, and other languages, and we are more than happy to answer any queries you may have.
Available 24/7
We are available 24/7 and if our clients are unable to meet at our office, we are amenable to meet you at your convenience.
How Our Orange County Lawyers Help with Personal Injury Claims
Accidents are often the result from another party’s negligence and can lead to unforeseen injuries and damages. In such situations, seeking counsel from a proficient personal injury attorney is crucial. Mesriani Law Group’s personal injury lawyers are adept at guiding victims through the legal maze, ensuring they secure the compensation they are owed. Their approach is systematic and effective:
Step 1: Claim Evaluation: The journey begins with a free consultation where the team assesses the viability of a personal injury claim. This involves examining the details of the accident to ascertain if there’s substantial evidence to prove negligence. Key elements include establishing a duty of care, its breach, resultant injuries, and the causal link between the breach and the injuries.
Step 2: Injury and Damage Assessment: After establishing negligence, the focus shifts to gauging the extent of injuries. This can be complicated, as some injuries might manifest later or have prolonged effects which can further lead to challenges like lost wages, enduring trauma, or physical disabilities. It’s essential to factor in all these elements during settlement negotiations.
Step 3: Evidence Compilation: Supporting a personal injury claim necessitates robust evidence. Experienced personal injury lawyers that have dealt with diverse cases know precisely what evidence strengthens a claim. This can range from photographs, medical bills, and witness testimonies to expert opinions and police reports which all underscore the victim’s sustained damages.
Step 4: Liability Determination: In some cases, pinpointing liability isn’t straightforward, especially when multiple parties are involved or if the victim shares some responsibility. Here, the expertise of a personal injury lawyer is invaluable. Leveraging gathered evidence, they can reconstruct the accident’s circumstances and employ relevant case laws and precedents to devise a compelling legal strategy.
Step 5: Settlement Negotiation or Trial: With a clear understanding of injuries and established liability, the lawyers will initiate settlement negotiations. Sometimes these discussions are straightforward but there are instances when insurance companies resist. In such cases, Mesriani Law Group ensures victims aren’t subjected to unfair insurance tactics. If negotiations stall, they’re prepared to defend their client’s rights in court and present the case before a jury to determine the claim’s outcome.
What Should You Do After Sustaining a Personal Injury
Sustaining a personal injury due to an accident can be overwhelming. However, ensuring your well-being and taking specific steps can bolster any potential legal claims against the responsible party. Here’s what victims of personal injury accidents should do to ensure they have a strong case:
- Prioritize Medical Care [3]: Immediately after an accident, it’s paramount to seek medical attention, even if injuries aren’t apparent yet. This not only safeguards your health but also documents any injuries which can be pivotal for your claim. Some injuries, like soft tissue damage or traumatic brain injuries, might manifest later which make early medical intervention crucial.
- Document the Incident: While your health is the primary concern, if possible, gather comprehensive details about the accident. This includes noting down the sequence of events, the accident’s timing and location, surrounding conditions, and any witness accounts. Photographic or video evidence of the accident scene can further reinforce your claim.
- Lodge a Police Report: In incidents like car accidents where law enforcement is involved, ensure a formal police report is filed. Acquiring a copy of this report can be instrumental in any ensuing personal injury disputes.
- Engage a Personal Injury Attorney: It’s advisable to consult an expert personal injury attorney in Orange County, such as those at Mesriani Law Group. A lawyer who specializes in personal injury claims can adeptly guide you throughout the claim process from settlement negotiations to representing you in court. Their contingency-based approach means you’re not burdened with upfront costs.
- Collaborate in the Investigation: Your attorney will spearhead a comprehensive investigation which often involves specialists like accident reconstruction experts and medical professionals. Actively cooperating and following your attorney’s guidance can significantly influence the outcome and ensure you secure the maximum possible compensation for your injuries.
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How to Gather Evidence After an Accident
Gathering comprehensive evidence after an accident is pivotal for constructing a solid personal injury claim. The evidence not only substantiates your claim but also provides a clearer picture of the incident which aids in negotiations or court proceedings. Here’s the types of evidence [4] to collect and their significance:
- Physical Evidence: Items directly linked to the accident, such as blood-stained clothing, damaged belongings, or receipts for injury-related purchases (e.g., crutches, wheelchairs), fall under this category. They offer tangible proof of the incident and its aftermath.
- Photographic & Video Evidence: Documenting the accident scene and injuries through photos and videos is crucial. Ensure varied angles and timestamps are covered, as they can assist experts in recreating the accident and take into account factors like time of day and conditions at the time of the accident.
- Personal Account: Pen down a detailed account of the accident as soon as possible. Memories can fade over time, so a freshly documented narrative provides clarity and aids your attorney in understanding the incident from the victimโs perspective.
- Witness Testimonies: Witnesses offer neutral, third-party perspectives. Gather their contact details and statements to provide additional insights into the accident’s circumstances.
- Medical Documentation: Immediate medical attention not only ensures your well-being but also provides a record of your injuries. Accumulate all relevant medical documents, from bills and diagnosis reports to treatment details.
- Police Reports: While not always admissible in court, police reports can be instrumental during settlement discussions. They offer an official account of the accident which can bolster your claim.
Preservation of evidence in its original state is paramount for maintaining the integrity of your case. Given that physical evidence can degrade or be lost, it’s vital to document every aspect promptly. Revisiting the accident scene, if feasible, can provide additional insights. Store all evidence securely, reach out to witnesses promptly for fresh accounts, and meticulously record any post-accident injuries.
Engage with law enforcement to obtain their reports if they were involved. In cases where accidents occur at businesses, securing incident reports or surveillance footage can be beneficial. If similar incidents have transpired previously, your attorney can leverage those reports to highlight the negligent party’s pattern. Lastly, retain all insurance correspondences, bills, employment details, and other financial documents as they play a crucial role in quantifying your losses and setting the stage for settlement negotiations.
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When Should You Contact a Personal Injury Lawyer
Seeking the expertise of a personal injury lawyer in Orange County can significantly enhance the prospects of your personal injury claim. While there might be situations where legal assistance isn’t mandatory, it’s generally advisable to consult a lawyer in specific scenarios:
- Shared Fault: California adheres to the “pure comparative negligence” principle, implying that accident victims can still claim compensation even if they share some responsibility for the incident. However, insurance adjusters often exploit this by attempting to shift a greater portion of the blame onto the victim, thereby reducing their payout. In such cases, an Orange County personal injury attorney can advocate for a fair assessment of your liability and ensure you receive just compensation.
- Clear Liability of Another Party: If you’ve sustained significant injuries due to another’s negligence, navigating the personal injury claim becomes paramount. This is especially crucial when the responsible party denies liability or refuses compensation. Engaging a personal injury lawyer ensures you’re well-equipped to make informed decisions and maximize your compensation.
- Liability of Businesses, Property Owners, or Government: In California, businesses and property owners have a legal duty to ensure their premises are safe. If you’re injured due to their negligence, it’s often prudent to involve a personal injury lawyer. The stakes rise further if the injury occurs on government property. Claims against government entities differ from standard personal injury claims due to unique standards and complexities. A seasoned personal injury lawyer can help navigate these intricacies by investigating the incident, gathering evidence, negotiating with insurance firms, or representing you in court.
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Types of Personal Injury Law Claims
Mesriani Law Group is dedicated to fighting for our clientsโ rights and providing them with the maximum compensation that they deserve. Our highly experienced personal injury attorneys can help provide legal expertise and guidance with the following practice areas:
Read more: Types of Personal Injury Claims
The Timeline of a Personal Injury Lawsuit
The journey of a personal injury lawsuit is intricate, potentially spanning several years before a victim receives their rightful compensation. Here’s a concise breakdown of the stages involved in the personal injury lawsuit timeline:
- Medical Attention: Post-accident, the immediate priority is seeking medical care to address any injuries and ensure overall well-being.
- Attorney Selection: After addressing medical concerns, the focus shifts to finding a competent personal injury lawyer. This phase involves both the lawyer assessing the viability of the case and the victim ensuring the lawyer aligns with their needs.
- Preliminary Investigation: Upon hiring, the attorney delves into an in-depth investigation, gathering evidence, supporting the victim’s recovery, and steering the claim towards a potential settlement.
- Settlement Talks: With a solid foundation of evidence, the attorney initiates negotiations with the insurance companies while representing the client’s best interests.
- Lawsuit Preparation: If negotiations don’t yield a satisfactory settlement, the lawyer gears up for trial, marshaling all resources and evidence to build a compelling case.
- Lawsuit Filing & Serving: The lawsuit is officially filed and the defendants are served and notified of the impending legal proceedings.
- Discovery Phase: Before the trial, both parties engage in the discovery process where they unearth facts and details that could bolster their respective positions. This phase can take several months and encompasses witness depositions and interrogations.
- Renewed Negotiations & Mediation: Armed with insights from the discovery phase, negotiations resume. If required, a neutral third-party mediator can be introduced to facilitate a resolution.
- Court Trial: If all negotiation attempts fail, the case proceeds to trial. Depending on its intricacies, the trial can range from a single day to multiple weeks. Both parties present their arguments to a judge or jury who determines the outcome.
- Award Disbursement: After the trial concludes and compensation is determined, the awarded funds are disbursed to the victim, typically within a 30-60-day window.
Engaging with a seasoned personal injury lawyer, like those at Mesriani Law Group, ensures that each of these stages is navigated with expertise to maximize the chances of a favorable outcome.
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California Personal Injury Laws
California’s personal injury laws provide a framework for civil liability arising from injuries due to negligence, be it intentional or unintentional. Understanding these laws is crucial for safeguarding victims’ rights and ensuring proper claim filing. Here’s a concise overview of key California personal injury laws:
- Car Accidents: California operates under an “at-fault” system, meaning the party responsible for the accident is identified before any compensation is disbursed. The state’s comparative negligence rule allows for shared liability. This means that if a plaintiff contributes to the accident, their compensation may be reduced proportionally. California’s driving code outlines specific driver responsibilities, and breaches of these duties often determine liability in car accidents.
- Premises Liability: This law mandates property owners and managers to take steps to ensure the safety of others on their premises. If they fail to do so, they are held accountable for injuries resulting from their negligence. Common claims under this category include slip and fall incidents, dog bites, and injuries due to third-party misconduct. Key elements determining liability include ownership, possession, and control of the property. Only those who own, possess, or manage a property are obligated to maintain its safety and prevent potential harm to visitors.
- General Negligence: Under California’s tort of negligence, parties found negligent are held accountable. This encompasses situations where an individual or entity fails to exercise reasonable care or caution in fulfilling their duties. If injured due to another’s negligence, victims are entitled to compensation for their injuries and damages.
- Wrongful Death: A wrongful death arises when an individual’s death is caused by the negligence or misconduct of another party. This claim allows the deceased’s family to seek damages from the responsible party. Unique to California, wrongful death claims have a statute of limitations of two years from the date of death, rather than the accident date. Only spouses, domestic partners, children, parents, or those entitled to the deceased’s estate through intestate succession can file a wrongful death claim.
Read more: What are California Personal Injury Laws?
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What Do I Do If Iโm Injured at Work?
Workplace accidents can occur unexpectedly, and injuries sustained aren’t confined to the physical premises of one’s employment. Injuries that arise during work-related activities, regardless of the location, qualify as workplace injuries. For instance, if an employee gets into a car accident while en route to a job site, it’s deemed a workplace injury. Such individuals might be eligible for both personal injury and workerโs compensation claims. The path they choose might necessitate consulting either a personal injury lawyer or a worker compensation lawyer. Engaging with a seasoned personal injury attorney, like those at Mesriani Law Group, can help ensure that victims navigate the complexities of their claims and secure the maximum possible compensation.
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Who is Liable for My Personal Injury?
Determining who is responsible, or “liable,” for a personal injury is a nuanced process that hinges on the specifics of each case. Liability essentially identifies the party or parties responsible for causing harm. While fault and liability often align, they aren’t always interchangeable. The process of pinpointing liability can be complicated and sometimes needs a jury’s assessment of evidence or an admission from the responsible party.
There are distinct categories of torts [5], or wrongful acts, that can result in liability:
- Negligence: This is the most prevalent tort in personal injury cases. It pertains to unintentional lapses in one’s duty of care that subsequently cause harm to another.
- Intentional Torts: These involve deliberate actions that cause harm. They can encompass a range of acts, from assault and battery to fraud and defamation. Given their intentional nature, they might also lead to criminal proceedings.
- Strict Liability: This category is unique in that it doesn’t hinge on intent or negligence. Instead, it’s applied to situations inherently fraught with risk. In such cases, the injured party merely needs to demonstrate that they were harmed and that another party caused it. A classic example is product liability, where manufacturers are held accountable for ensuring their products don’t harm users.
Given the intricacies involved in ascertaining liability, it’s prudent to engage a seasoned Orange County personal injury attorney, like those at Mesriani Law Group, especially when the liable party isn’t immediately evident.
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Who Can Be Liable in a Personal Injury Lawsuit?
In personal injury claims, any number of parties can be held accountable depending on the specifics of the incident. The potential liable entities or individuals typically include:
- Drivers: Those who neglect their duty to drive safely, and cause accidents can be held responsible for the resulting injuries.
- Property Owners: Owners who don’t maintain their properties to ensure safety can be held accountable for accidents stemming from unsafe conditions.
- Businesses Renting Spaces: Much like property owners, businesses or property managers overseeing a space can be liable if a space was inadequately maintained and that substandard care leads to an accident.
- Parents: In cases where an underage individual causes an accident, their guardians or parents might be held accountable.
- Service Organizations: Organizations can be held liable if their negligence or actions play a role in causing an accident.
- Employers: If an employee gets into an accident while performing work-related duties, the employer might bear responsibility.
- Governmental Agencies: Government entities can be held accountable for accidents resulting from poorly maintained public spaces or for failing to identify and rectify hazardous conditions in areas under their purview.
- Manufacturers: Companies that produce goods can be held liable if defects in their products’ design or manufacturing led to injuries.
- Repair Services: Services responsible for mending vehicles or products can be held accountable if their improper repairs contribute to an accident.
Given the multifaceted nature of determining liability, it’s crucial to consult with a seasoned personal injury attorney. Their expertise ensures that all potential sources of liability are thoroughly explored and addressed.
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How to Prove Negligence in a Personal Injury Claim
In personal injury claims, particularly those rooted in negligence, the onus is on the accuser (plaintiff) to substantiate their allegations against the accused party (defendant). This foundational principle underscores the importance of having a seasoned personal injury attorney to adeptly navigate the intricacies of your claim. To successfully validate a negligence-based personal injury claim, the attorney must demonstrate the following four pivotal elements of negligence [6]:
- Duty of Care: This establishes that the defendant had a legal responsibility to act in a manner that would prevent harm to the plaintiff.
- Breach of Duty: This involves showcasing that the defendant failed in their duty, either through intentional actions or negligence, which could foreseeably lead to injury.
- Causation: This links the defendant’s actions or inactions directly to the injury sustained by the plaintiff.
- Injuries and Damages: This confirms that the plaintiff indeed suffered harm as a direct result of the defendant’s negligence.
To convincingly prove these elements, a variety of evidence can be presented, such as:
- Photographic or Video Evidence: Visual documentation of the accident scene.
- Medical Documentation: Medical records and testimonies that detail the injuries sustained.
- Official Reports: Police or incident reports that provide an objective account of the accident and its aftermath.
- Financial Evidence: Medical bills and documentation of lost wages to quantify the financial impact of the injury.
By meticulously gathering and presenting this evidence, a skilled personal injury attorney can build a compelling case to ensure the plaintiff receives the compensation they rightfully deserve.
Read more: How to Win Your Personal Injury Claim
Read more: How to Prove Negligence
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California Comparative Negligence
In California, the principle of “comparative negligence” plays a pivotal role in personal injury claims. This doctrine [7] acknowledges that in some incidents, the injured party (plaintiff) might have contributed to their own injuries. Under this system, the degree of fault attributed to the plaintiff directly impacts the amount of compensation they can recover.
Essentially, if a plaintiff is found to be partially responsible for the incident leading to their injury, the compensation they are entitled to will be proportionally reduced by their percentage of fault. For instance, if a plaintiff is awarded $100,000 in damages but is deemed to be 20% at fault for the accident, their compensation will be reduced by $20,000, resulting in a net award of $80,000.
The underlying rationale of the comparative negligence system is to ensure that each party is held accountable only for their specific degree of fault in an incident. This approach promotes fairness by ensuring that a plaintiff can still recover damages even if they were partially at fault, while also ensuring that defendants are not unduly burdened with damages beyond their actual share of responsibility.
Read more: What is Comparative Negligence in California?
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Should I Speak to the Negligent Partyโs Insurance?
When involved in an accident, navigating interactions with insurance companies can be a minefield. The primary objective of insurance adjusters is to minimize the payout on claims, which often conflicts with the victim’s best interests. Hence, it’s essential to approach these interactions with caution and awareness.
Key Considerations When Dealing with Insurance Companies [8]:
- Avoid Recorded Statements: Insurance adjusters may request a recorded statement from you. They aim to compare this with other records, like medical reports or police statements, to spot inconsistencies. Such discrepancies can be used to challenge your claim. It’s advisable not to provide any recorded statement without consulting your attorney.
- Beware of the Opposing Insurance Company: The negligent party’s insurance company might reach out to you, often before you’ve had the chance to speak with an attorney. Their primary goal is to gather information that could be used to challenge or reduce your claim. It’s essential to remember that they prioritize their financial interests over yours. Any statements made, even seemingly innocuous ones, can be used against your claim.
Also be sure to exercise caution when speaking with your own insurance company. While you are obligated to inform your insurance company about an accident, it’s crucial to remember that they might also look for ways to minimize their payout. When providing them with details, stick to the basic facts and avoid divulging too much.
Given the complexities and potential pitfalls of dealing with insurance companies, it’s in your best interest to consult with a seasoned personal injury attorney. They can guide you through the process and ensure that your rights are protected so that you don’t inadvertently harm your own claim.
Read more: Should I Talk to the Other Insurance Company After an Accident
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What is the Statute of Limitations on Personal Injury Claims
The statute of limitations is a crucial aspect of the legal system as they set a time frame within which a plaintiff must file a lawsuit after suffering harm. In the realm of personal injury claims, understanding this time frame is essential to ensure that one’s rights to legal recourse aren’t forfeited.
Understanding the Statute of Limitations for Personal Injury Claims:
General Rule: In California, the standard statute of limitations for most personal injury claims is two years. This means that if you’ve been injured due to someone else’s negligence, you have two years [9] from the date of the accident to initiate a lawsuit.
Exceptions to the Rule:
- Discovery of Injury: Sometimes, injuries aren’t immediately apparent post-accident. In such cases, California law delays the statute of limitations from the date they discover the injury to file a lawsuit.
- Claims Against Government Entities: If your claim is against a government body, the rules differ. You must file your claim within six months and there are specific procedural guidelines to follow.
- Minors: If the injured party is a minor, the clock doesn’t start ticking immediately. Instead, the family has until two years from the date the child turns 18 to file a claim.
- Defendant’s Absence: If the defendant is out of the state, the statute of limitations is temporarily halted. This pause ensures that the defendant, who cannot be served while absent, doesn’t evade legal responsibility.
Given the complexities and nuances of the statute of limitations, it’s essential to consult with a knowledgeable personal injury attorney. They can guide you on the specific time frames relevant to your case and ensure that you don’t miss crucial deadlines.
Read more: Personal Injury Statute of Limitations
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What Damages Can You Claim in a Personal Injury Claim?
When you’ve been injured due to someone else’s negligence, the law allows you to seek compensation for a variety of damages. These damages aim to restore you as much as possible, to the position you were in before the injury. Here’s a breakdown of the types of damages you can claim in a personal injury lawsuit [10]:
- General Damages: These are non-economic damages, meaning they don’t have a direct monetary value but represent the intangible losses you’ve suffered.
- Physical Pain and Suffering: This covers the actual physical pain, discomfort, and suffering you’ve experienced and may continue to experience in the future.
- Emotional Distress: Accidents can lead to psychological impacts such as anxiety, depression, or PTSD. Compensation for emotional distress addresses these non-physical traumas.
- Reduced Quality of Life: You can be compensated if your injury prevents you from enjoying activities or hobbies you once did, or if it affects your overall enjoyment of life.
- Special Damages: These are economic damages that represent specific, out-of-pocket expenses.
- Medical Expenses: This includes costs for hospital stays, surgeries, medications, and any other medical treatments you’ve undergone or may need in the future.
- Lost Wages or Earning Capacity: If your injury has caused you to miss work or reduced your ability to earn in the future, you can claim these lost earnings.
- Property Damage: If your personal property (like a car) was damaged in the accident, you can seek compensation for repairs or replacement.
- Therapy Costs: This covers both physical therapy to help with injury recovery and psychological therapy for emotional trauma.
- Punitive Damages: Unlike the other damages, which aim to compensate the victim, punitive damages are designed to punish the defendant for particularly reckless or malicious behavior. They send a message to the defendant and others that such behavior is unacceptable and will be penalized heavily.
Read more: Damages in a Personal Injury Lawsuit
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What is a Good Settlement for a Personal Injury?
Determining a satisfactory settlement in a personal injury claim is a nuanced process. The primary goal is to ensure that the injured party is adequately compensated for the damages they’ve suffered, both tangible and intangible. Here’s a breakdown of what a good settlement in a personal injury claim should cover:
- Comprehensive Medical Coverage:
- Immediate Medical Expenses: A good settlement should cover all medical bills incurred due to the injury, ensuring that the victim doesn’t bear any out-of-pocket expenses.
- Future Medical Costs: Injuries can have long-term implications. The settlement should account for future medical treatments, surgeries, medications, and therapies that the victim might need.
- Compensation for Non-Tangible Damages:
- Pain and Suffering: This refers to the physical pain and discomfort stemming from the injury.
- Emotional Distress: Accidents can lead to psychological impacts such as anxiety, depression, or PTSD. A good settlement should recognize and compensate for these emotional traumas.
- Loss of Enjoyment: If the injury prevents the victim from enjoying activities or hobbies they once did, compensation should be provided.
- Loss of Consortium: In some cases, injuries can affect the victim’s relationship with their spouse, which should be compensated.
- Lost Wages and Earning Capacity:
- If the injury has caused the victim to miss work or has impaired their ability to earn in the future, the settlement should cover these lost earnings.
- Legal and Other Associated Costs:
- A comprehensive settlement should also account for any legal fees or other costs the victim might have incurred during the claim process.
- Future Accommodations:
- The settlement should consider the long-term implications of the injury. This includes any necessary accommodation for disabilities resulting from the injury.
Lastly, it’s essential to understand that insurance companies often aim to minimize payouts. Their initial offers might not reflect the true value of the claim. Therefore, having an experienced Orange County personal injury attorney can be invaluable. At Mesriani Law Group, we can accurately assess the full value of your claim, negotiate effectively with insurance adjusters, and ensure that the victim receives a settlement that truly compensates for all damages incurred.
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What is an Average Personal Injury Settlement?
The average settlement for personal injury claims can vary significantly based on the specifics of each case. While many personal injury claims are settled before reaching trial, the amount of the settlement is influenced by factors such as the nature of the accident, the severity of the injuries, and the long-term implications of those injuries. Here’s a breakdown of how different factors impact average personal injury settlements:
- Nature of the Accident:
- Auto Accidents: The average settlement for auto accidents is approximately $25,500. However, this can fluctuate based on factors like the extent of injuries, medical expenses, and any lasting physical or emotional trauma.
- Motorcycle Accidents: Due to high speeds at which they can occur and the exposed nature of motorcycles, motorcycle accidents can result in severe injuries and wrongful death. The average settlement for motorcycle accidents is around $79,300.
- Pedestrian Accidents: Pedestrians lack any protection when hit by a vehicle, leading to potentially severe injuries. The average settlement for pedestrian accidents is estimated at $53,500.
- Severity of Injuries:
- Minor injuries, such as bruises or minor cuts, typically result in lower settlements.
- More severe injuries, like broken bones or concussions, can lead to higher settlements due to increased medical costs and potential long-term effects.
- Life-altering injuries, such as paralysis or loss of limb, can result in the highest settlements due to the profound impact on the victim’s quality of life.
On average, individuals who sought representation from experienced personal injury lawyers, like those at Mesriani Law Group, secured significantly larger settlements. Represented individuals received an average of approximately $77,600, while those without representation averaged around $17,600 [11].
It’s essential to understand that these figures are averages and that each personal injury claim is unique. Factors like the defendant’s willingness to settle, the jurisdiction where the claim is filed, and the quality of evidence can all influence the final settlement amount. Always consult with a knowledgeable personal injury attorney to get an accurate assessment of a specific case’s potential value.
Read more: What is the Average Personal Injury Settlement?
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How Much Does a Personal Injury Lawyer Cost?
Hiring a personal injury lawyer can be a crucial step in ensuring that victims receive the compensation they deserve. The cost structure for these lawyers is designed to make legal representation accessible to all, regardless of their financial situation. Here’s a breakdown of the costs normally associated with hiring a personal injury lawyer:
Contingency Fee Structure:
- No Upfront Costs: Personal injury lawyers typically do not charge upfront fees. Instead, they cover the costs related to the claim, with the understanding that these expenses will be repaid once a settlement or judgment is awarded.
- Success-Based Payment: The lawyer’s fee is contingent upon the client securing a settlement or award. This ensures that the lawyer is motivated to take on meritorious cases and work diligently on behalf of their clients.
- Fee Percentage: Generally, the lawyer’s fee ranges between 30% to 40% of the awarded amount. The exact percentage can vary based on the complexity of the case and the stage at which it’s resolved. For instance, a quick settlement might result in a 30% fee, while a case that progresses to trial could see a fee closer to 40%.
Many personal injury lawyers offer free initial consultations. This allows potential clients to discuss their case, understand its merits, and decide on the best course of action without any financial obligation.
It’s essential for clients to fully understand the fee agreement. Lawyers should be transparent about their fees, the potential costs associated with the case, and any other relevant details. Clients should feel free to ask questions to ensure they comprehend the terms before signing any agreement.
Read more: How Much Does a Personal Injury Lawyer Cost?
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Is Getting a Personal Injury Lawyer in Orange County Worth It?
Engaging a personal injury lawyer in Orange County can be a game-changer for those navigating the complexities of personal injury claims. While some may hesitate due to concerns about costs or the intricacies of the legal process, the benefits of hiring a professional often outweigh any concerns. Here’s why hiring a personal injury lawyer in Orange County can be a wise decision:
- Enhanced Settlements:
Personal injury lawyers, such as those at Mesriani Law Group, are adept at building strong cases that truly represent the gravity of the injuries and the subsequent impact on the victim’s life. Their expertise often translates to more substantial settlements, ensuring victims are adequately compensated.
- Comprehensive Compensation:
Victims stand a better chance of receiving full compensation for all accident-related expenses with a lawyer’s guidance. This includes current and future medical costs, ensuring victims get the necessary medical care without financial strain. Without expert guidance, individuals might miss out on crucial treatments or fail to document them properly, potentially undermining their claim.
- Expertise and Support:
The journey of a personal injury claim can be daunting, especially when recovering from a traumatic incident. Personal injury lawyers in Orange County offer invaluable expertise, guiding victims through each step, helping them sidestep common mistakes, and ensuring a smoother path to recovery.
While the idea of navigating a personal injury claim alone might seem feasible, the expertise and support provided by a seasoned personal injury lawyer can be instrumental in securing a favorable outcome. Their knowledge and experience can make the difference between a subpar settlement and one that truly reflects the victim’s needs and losses.
Read more: Are Personal Injury Lawyers Worth It?
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Why Should You Get a Personal Injury Lawyer to Help Your Case?
Hiring a personal injury lawyer when faced with a personal injury case can be a pivotal decision that offers plenty of advantages [12]. These legal experts not only bring their vast knowledge to the table, but they also ensure that victims navigate the landscape of personal injury claims with ease and confidence. Here’s a consolidated summary of why hiring a personal injury lawyer is a prudent choice:
- Comprehensive Case Analysis: Personal injury lawyers delve deep into the nuances of the accident, identifying overlooked factors that might have contributed which ensures a robust case foundation.
- Preservation of Testimonies: Testimonies can change over time, either intentionally or due to fading memories. Lawyers ensure that vital accounts are documented promptly and accurately to preserve their integrity.
- Expert Negotiation with Insurance Companies: Insurance companies often aim to minimize payouts. A personal injury lawyer acts as a shield that advocates for fair compensation and challenges any lowball offers.
- Clarity on Liability: Accidents can have complexities that are hard to navigate, from defective components to poor maintenance. Lawyers dissect these layers and pinpoint all liable entities.
- Courtroom Proficiency: Should negotiations stall and a trial becomes inevitable, having a seasoned litigator ensures that your case is presented compellingly in court.
- Objective Guidance: Post-accident emotions can be overwhelming. Lawyers offer a balanced perspective which ensures decisions are made rationally, not emotionally.
- Navigational Expertise: The personal injury claim process is complex. Lawyers guide victims through this journey while providing clarity on laws, gathering essential evidence, and streamlining the process.
- Medical Network Access: Leveraging their professional networks, personal injury lawyers can facilitate access to top-tier medical care to ensure victims receive optimal treatment.
A personal injury lawyer serves as a guide for victims through the complicated personal injury claims process. Their expertise, advocacy, and support can be the difference between a suboptimal settlement and a just, comprehensive compensation.
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What Should You Look for in a Good Personal Injury Lawyer?
Selecting the right personal injury lawyer can significantly influence the outcome of your case. It’s essential to consider various attributes to ensure you’re partnering with a competent and compassionate advocate. Here’s a consolidated guide on what to look for in an ideal personal injury lawyer [13]:
- Relevant Experience: Ensure the attorney has a history of handling cases similar to yours. Familiarity with specific accident types and injuries can be invaluable during negotiations with insurance companies.
- Proven Success: A lawyer’s track record can be indicative of their expertise. Opt for an attorney who consistently secures substantial settlements for clients.
- Dedication to Your Case: A lawyer’s commitment is crucial. Ensure they have the time and resources to prioritize your case, ensuring it receives the attention it merits.
- Mastery in Negotiation: Many settlements are reached outside the courtroom so a lawyer’s negotiation capabilities can expedite the process which save both time and resources.
- Litigation Proficiency: While reaching settlements are common, it’s essential that your lawyer is prepared and experienced enough to represent you in court if required.
- Investigative Acumen: A top-tier personal injury lawyer will meticulously investigate your case, preserving vital evidence and leveraging expert networks to fortify your claim.
- Stellar Communication: Effective listening and clear communication are paramount. Your lawyer should be receptive to your narrative, ask pertinent questions, and keep you informed throughout the legal journey.
- Commitment to Learning: The legal domain is always evolving. Choose an attorney who is proactive in staying updated with the latest legal developments and precedents.
- Empathy and Rapport: A genuine sense of compassion and a comfortable rapport are essential. Your attorney should prioritize your well-being and ardently pursue the best possible outcome for you.
An ideal personal injury lawyer embodies a blend of experience, skill, dedication, and compassion. These traits epitomize the legal professionals at Mesriani Law Group who ensure our clients receive top-tier representation.
Read more: How to Find the Best Personal Injury Lawyer
Read more: What You Should Look for in a Personal Injury Lawyer
Read more: Questions to Ask Before Hiring a Personal Injury Lawyer
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Sources
[1] https://www.totallylegal.com/article/personal-injury-lawyer-job-description[2] https://www.natlawreview.com/article/do-i-need-personal-injury-attorney[3] https://www.healthworkscollective.com/important-steps-to-take-after-suffering-serious-injury/[4] https://www.nolo.com/legal-encyclopedia/checklist-of-records-to-gather-after-a-car-accident.html[5] https://www.enjuris.com/personal-injury-law/what-is-liability/[6] https://www.alllaw.com/articles/nolo/personal-injury/proving-negligence.html[7] https://www.forbes.com/advisor/legal/personal-injury/comparative-negligence/[8] https://www.nolo.com/legal-encyclopedia/do-i-have-to-talk-to-the-other-drivers-car-insurance-company-after-an-accident.html[9] https://www.enjuris.com/california/statute-of-limitations/[10] https://www.alllaw.com/articles/nolo/personal-injury/types-of-compensation.html[11] https://www.nolo.com/legal-encyclopedia/how-much-can-i-get-for-my-personal-injury-case-and-how-long-will-it-take-new.html[12] https://www.findlaw.com/injury/accident-injury-law/using-a-personal-injury-lawyer.html[13] https://calbizjournal.com/the-10-essential-qualities-of-a-great-personal-injury-lawyer/โNo Win, No Feeโ Policy
Mesriani Law Group has over two decades of experience in protecting victims of personal injury accidents in Orange County. We understand that victims of accidents are sometimes hesitant to file a claim for damages against a responsible party due to perceived high legal fees. To resolve this matter and help more people get the best compensation they deserve, we offer a โNo Win No Feeโ guarantee to all our clients. This means that if we are not able to provide you with the justice you deserve, you donโt have to pay us anything for our legal services regardless of the complexities of your claims. We offer this because we are confident that our experience, expertise, and dedication will provide the best chance of getting the maximum compensation you deserve.
Free Consultation with a Orange County Personal Injury Lawyer
Personal injury cases can be complicated and attempting to negotiate your claims on your own is the worst move you can make if you have sustained serious injuries. You need an experienced and qualified attorney to represent you for your personal injury claims. Mesriani Law Groupโs Orange County personal injury attorneys have successfully represented victims of accidents and negligence throughout the state of California for over two decades. Our top-notch and dedicated personal injury attorneys are driven to protect your rights and represent you from start to finish, giving you the maximum compensation that you deserve.ย
With a No Win, No Fee policy for all our clients, you donโt have to worry about high legal fees to file claims against other parties. If we donโt win your case, you donโt have to pay us anything.
Let us focus on winning your case while you focus on moving forward! Call Mesriani Law Group now at (310) 826-6300 or message us online to schedule a FREE consultation.
Contact Us Today at (866) 500-7070 or Message Us Online to Schedule a Free Consultation
Orange County Personal Injury Lawyer FAQs
Who can file an injury claim?
Under personal injury laws, only the person who has suffered an injury due to the negligence of another person or entity may file a personal injury claim. To see if you have a valid personal injury claim, contact our Orange County personal injury attorneys at Mesriani Law Group for a free consultation.
When should you contact a personal injury lawyer?
You should contact a Orange County personal injury lawyer as soon as the accident happens or after you have received immediate medical attention. It is best to seek consultation with a personal injury lawyer when the details of the incident are fresh and when the statute of limitations has the largest window to file.
What kind of cases do personal injury lawyers handle?
A personal injury case can come from any kind of accident or incident, the common kinds are:
- Bicycle Accident
- Burn Injury
- Bus Accident
- Car Accident
- Construction Accident
- Dog Bite
- General Negligence
- Motorcycle Accident
- Pedestrian Accident
- Slip and Fall
- Medical Malpractice
- Premises Liability
- Work injury
- Wrongful Death
What is fair compensation for personal injury?
Fair compensation is generally the amount that is required to make a person whole after sustaining injuries. Medical bills, pain and suffering, lost wages, and more are usually accounted for when determining this amount.
Absolutely No Fee Unless We Win Your Case
Mesriani Law Group has over two decades of experience in protecting victims of personal injury accidents as well as employment and labor law violations in California.
Through our wealth of experience, we understand that the main reason why victims of accidents or of unjust treatment by employers are hesitant to file cases or claim damages against the parties at fault, and this is because of the high legal fees.
In order to resolve this matter and help more people get the best compensation they deserve against the people who caused their injuries, pain and suffering and losses, we decided to offer a No Win No Fee guarantee to all our clients. This means that you donโt have to pay us anything for our top legal services, regardless of the complexities of your claims, if we are not able to provide you with the justice you deserve.
We offer this because we are confident that our experience, expertise and dedication will always translate in getting the maximum compensation you deserve at the swiftest possible time. Call our top personal injury attorneys right away for your personal injury accidents or our best employment and labor law attorneys in California for any employee related concerns and weโll assure you of nothing but the best legal service and personalized client care you deserve.
What Our Clients Have To Say
“I cannot emphasize enough the level of their professionalism and effectiveness. It was great working with Rodney and the whole team at the Mesriani Law Group. The compensation they got me was more than I expected. I highly recommend them. With the Mesriani Law Group you’ll be in the right hands when you have an accident. They’ll take care of your case like no one else and get the maximum that you deserve.“
“After contacting many different lawyers and law firms to discuss my legal issue, I was lucky enough to come across Mesriani Law Group. They took the time to listen to all the details of my case patiently & kept me updated through out the process on a regular basis. His team was very responsive and accessible both via email and phone. Rodney Mesriani and his team did a fantastic job. Let me add that Cory, Stephan and Brandon were very helpful along the way.
Highly recommend this law firm.“
“My insurance gave me the run around for a horrible car accident I was involved in. I was getting so frustrated until i contacted Rodney and his team. Not only was his staff super professional, they actually cared and followed up with me. My case has been settled and I couldn’t be happier. Hopefully I don’t get into any more accidents but if I do, I know where to go. Thanks for having my back Rodney!!!“
Award-Winning Personal Injury Lawyers
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