An Orange County Personal Injury Attorney You Can Trust
The Orange County personal injury attorneys at the Law Offices of Daniel Kim specialize in motor vehicle accident law, and have repeatedly used their expertise to win tough personal injury cases for clients throughout Southern California. We have recovered millions through successful verdicts and settlements for our clients and have successfully settled over 99% of the personal injury cases we handle.
Our Orange County personal injury lawyers know what is important to our clients. They want to know how they’re going to pay their bills and how their rights are protected as accident victims seeking financial compensation against those responsible for their personal injuries.
These are the questions we answer. We are fully prepared to fight for our clients for full and fair compensation they are rightfully owed, even if it means pursuing a personal injury lawsuit in court. If you suffered a physical injury in an accident while driving or riding in a motor vehicle, or if you were struck by a motor vehicle as a pedestrian or riding a bicycle, we want to hear from you.
Why Do I Need an Orange County Personal Injury Attorney?
A personal injury case can be a complicated process to navigate for someone trying to get the most out of their personal injury claim without the helping hand of a legal professional. Depending on the type of accident and the parties involved, it is important to know what you’re up against when you decide to negotiate your own personal injury settlement. For minor accidents and the resulting injuries where the at-fault party responsible is clear-cut, it may not be worth the cost of legal fees to hire a lawyer to settle a small claim.
However, if you or a loved one were badly injured in a serious car accident, for example, and suffered physical injuries requiring long-term medical treatment and recovery that would affect your ability to go back to work or pay for your vehicle repair among other significant losses, you might find it beneficial to let a qualified legal team take the lead on filing your personal injury claim to maximize your compensatory damages.
You’ll also find that you need an experienced Orange County personal injury attorney to prove fault for your injuries against the defendant, especially if the severity of the accident and injuries are greater and if it’s not a certainty that the defendant was solely at fault for the accident. Proving fault requires paying close attention to details surrounding the accident. It is a skill that experienced legal professionals have honed to be the best at what they do.
If the reasons above are not enough to worry about for injury victims to handle their own insurance claims, consider the thought of having to negotiate with an insurance company whose only goal in their part is to pay out as little as possible. They’ll likely present to the victim a quick and low settlement offer to resolve the issue. One that, if the insurance company does not budge on and you accept, means you may be leaving money on the table that you otherwise deserved.
Statute of Limitations in California
State laws restrict how long someone has to file a personal injury claim against another party and is typically two years from the date of injury. Depending on who is involved, when serious injury is discovered, or if a wrongful death results, the statute of limitations filing period may be extended or even reduced to as little as six months.
The laws are very strict, and if the filing deadline passes, there will not be another opportunity to pursue damages. However, an Orange County personal injury attorney who is well-versed in state laws will ensure that all documentation is filed within the appropriate time frame. The statute of limitations, as well as other personal injury matters, will be discussed in depth with our legal team during the free consultation.
No Win, No Fee Guarantee
If you or a loved one were seriously injured in a motor vehicle accident, you may need an experienced car accident attorney to file a personal injury lawsuit and make sure you are compensated for your losses and injuries. We continue to offer the best client experience in the Orange County area by making it easier for our clients to utilize our services without worrying over upfront legal fees. Our law firm operates on a contingency fee basis, which means we don’t get paid until you win your case.
Personal injury law covers a wide range of accidents and injuries. If you suffered a serious injury, your best chance at maximizing your recovery of losses is with a top personal injury lawyer with a proven record of successfully settling personal injury claims. Our 99% client success rate is earned by successfully helping thousands of clients win maximum compensation throughout Southern California. Contact us today to find the best personal injury attorney near you. Our Orange County personal injury law firm offers 100% free consultations and you are under no obligation to hire us if you are not satisfied with what we can do for you.
Types of Personal Injury Cases We Handle
Over 200,000 people are injured or killed on California roads each year, and the vast majority of those people are driving or riding in passenger cars.
Many of accident victims don’t realize they are entitled to fair compensation for their auto accident injuries.
We’ve been told that motorcycles are dangerous, but in truth, the vast majority of motorcycle accidents are not the rider’s fault.
Motorcycle accident injuries can be extremely serious. If these injuries were caused by someone else’s negligence, riders are often eligible for compensation.
Accidents involving semis and other large trucks are particularly dangerous. Because of the size and weight of these commercial vehicles, accidents often affect many parties and cause serious injuries.
Getting compensation for injuries sustained in a truck accident is challenging, but the right lawyer can make it simple.
People injured in accidents involving an Uber, Lyft, or other rideshare vehicle find themselves in a confusing situation. Between the driver’s auto insurance, rideshare insurance, and the rideshare companies themselves, it’s difficult to know who you should hold accountable for compensation.
Our experienced personal injury attorneys have determined the best strategy to help these individuals.
According to the CDC, “bicycle trips account for only 1% of all trips in the United States. However, bicyclists face a higher risk of crash related injury and deaths than occupants in motor vehicles.”
Bicyclists have little to no protection when struck by a car or truck. Thankfully, a good lawyer can protect your interests when it comes to receiving fair compensation for your injuries.
In the U.S., a pedestrian gets killed by a motor vehicle every 96 minutes. Many more pedestrians are injured in collisions with cars, trucks, motorcycles, and even bicycles.
Accidents involving pedestrians are rarely the pedestrian’s fault. If the driver was negligent, a lawyer can help injured pedestrians or their loved ones pursue justice.
Catastrophic injuries can be very complex. Therefore you need an experienced personal injury attorney that has dealt with these types of cases. These types of injuries can change your life completely.
The catastrophic injury requires proof of at least one of the following: paraplegia, tetraplegia, severely impaired ambulatory mobility of use of an arm, amputation, loss of vision in both eyes, or traumatic brain injury.
The Law Offices of Daniel Kim is here to help you navigate through these types of injuries.
The loss of a loved one due to another’s negligence is a terrible tragedy that no one should have to suffer. All too often fatal automotive accidents tear California families apart because of the actions of negligent drivers.
There is no amount of money that can make up for the loss of a loved one; however, receiving compensation for their death can help protect you and your family from additional stress and suffering. In California, a wrongful death claim can be filed by a surviving family, such as a spouse or child. Under specific circumstances, other individuals may also file a wrongful death claim.
What Damages Can I Recover in a Personal Injury Case?
In most personal injury cases, damages are typically compensatory, which means the injured accident victim is compensated for their losses due to the accident and their injuries. Most compensatory damages are easily quantifiable in a settlement. Typical damages include current and future cost of medical treatment, lost wages, property damage, pain and suffering, emotional distress, loss of enjoyment and consortium.
In some cases, a plaintiff may be awarded punitive damages at the court’s discretion along with their compensatory damages as a means to punish the defendant for an outrageously negligent act or wrongdoing deemed especially harmful.
In other cases where an injury victim’s role in an accident or following an accident may affect the amount of damages they might otherwise receive for their personal injury claim, one such instance is a common legal defense called comparative negligence, which California law follows, that attempts to reduce the amount of damages a plaintiff can recover in a negligence claim based on a degree of fault on the part of the plaintiff’s own negligence in the accident.
Personal Injury Due to Negligence
Liability in a personal injury case falls on the party whose negligent actions cause an accident. If the accident resulted in damages, such as lost wages, medical bills, or injuries (spinal cord injury, traumatic brain injuries, broken bones, etc.), monetary compensation can be granted to a victim.
For personal injury claims to be successful, negligence must be proven by exhibiting the following four factors:
- A duty of care from the defendant was owed to the claimant
- The defendant breached the duty of care
- The breached duty of care caused the personal injury accident
- The personal injury accident resulted in damages to the claimant
Once liability is determined, either negotiations or litigation will ensue, and financial compensation can be awarded to the claimant. However, in many personal injury accidents, multiple parties can be found liable, including the victim who is claiming damages.
Personal injury victims who are also found liable for causing car accidents or other types of accidents can still recover partial damages. Under California’s comparative negligence laws, every person or entity who contributed to an accident will be held accountable.
Therefore, every at-fault party will be liable for a percentage of the total damages. For example, if the claimant is found 20% liable and the total cost of damages is $10,000, $8,000 can still be awarded to the claimant. Quality legal representation from personal injury attorneys is highly advisable when claimants are partially at fault.
How Much Does It Cost to Hire a Personal Injury Lawyer?
Personal injury lawyers will either charge an hourly rate, flat fee, or contingency fee. The average Orange County injury attorney fee is between 33% and 40% of the final settlement amount, with rates varying depending on the law firm.
At The Law Offices of Daniel Kim, we operate on a contingency fee basis. That means absolutely no upfront costs and no legal fees until we produce a case win that results in a maximum payout. Working on contingency benefits clients, as our law firm absorbs all of the financial risks.
Additionally, we offer a free initial consultation to all prospective clients, providing the opportunity to meet with our team and gauge how the case period will go. With absolutely no obligation to sign with us, we will evaluate the case, estimate the case value, and execute a plan of action to promptly recover compensation.
What Are the Steps in a Personal Injury Lawsuit?
The legal system is complicated, but working with an experienced personal injury attorney simplifies matters. Here is a brief overview of a typical accident claim process and what personal injury victims can expect during a case proceeding.
- Investigation: After consulting with a car accident lawyer, the attorney will investigate the crash and collect evidence (police reports, medical records, witness statements, etc.) to establish liability.
- Medical Evaluation: A personal injury victim must always seek medical treatment following an accident. The medical records determine the extent of injuries and how much it costs to treat those injuries. This is referred to as damages.
- Demand Letter: Once liability and damages have been determined, a demand letter is sent to the at-fault party’s insurance and/or attorney. The letter outlines how much the victim must be compensated, based on the sustained losses.
- A Favorable Agreement: In most cases, a skilled attorney can reach a favorable agreement with the opposing insurance company, and collect a settlement based on the demand letter. If that occurs, your case is resolved and no further legal action is necessary.
- Legal Action: If the other party rejects the initial demands, negotiations ensue. If a fair settlement still cannot be reached, the victim can file a lawsuit. During this stage, the discovery phase begins, and both parties exchange relevant case details with each other. Depending on what is discovered, mediation can take place, where a neutral third-party facilitates a settlement.
- Trial: During the trial, legal teams for both parties argue the case in court. Then, a settlement is determined by a judge and jury. If the case is successful, the victim receives compensation for injuries and damages.
The legal process will vary depending on the specific details of the case and the jurisdiction where the case is being heard. For a detailed case evaluation, it is best to consult with an experienced car accident lawyer.
Frequently Asked Questions
If I Hire an Orange County Personal Injury Lawyer, What Happens Next?
The Law Offices of Daniel Kim will begin investigating the accident, collect pertinent evidence (police report, witness statements, medical records, employment records, etc.), and contact all involved parties (other drivers, witnesses, and the responding police officers). Then, we begin constructing a winning personal injury case, keeping clients involved as resolutions develop. Our legal team will also handle direct communication with the insurance companies, preventing intimidation tactics to persuade clients into settling for unfair offers.
How Often Does a Personal Injury Case Go to Trial?
Most civil cases involving personal injury settle before going to trial. In fact, according to the US Department of Justice, only 4% to 5% of personal injury cases go all the way to trial. Additionally, the success rate of trial verdicts involving motor vehicle accidents resulted in 61%. Cases that go to trial are costly for both the plaintiff and the defense team, which is often why most get settled prior. Working with an experienced Orange County personal injury lawyer simplifies the claims process and gets clients compensated sooner.
What if I Can’t Afford My Medical Bills?
All incurred medical bills from doctor visits, ambulance rides, surgery costs, or other medical expenses correlated with the accident should be covered by the at-fault driver’s insurance company. However, until a case is settled, victims may have to defer to their own medical insurance coverage and/or auto insurance coverage to cover medical bills in the interim. Other alternatives may be available, like filing a lien with a medical provider. However, it is advisable to consult with an Orange County personal injury attorney before proceeding with alternative options.
How Long Do Personal Injury Cases Take to Settle?
If a personal injury case does not go to trial, the average settlement time is approximately 11 months with plaintiffs receiving compensation in two months. However, if the case does go to court, the turnaround can be prolonged. In addition, accidents that cause serious injuries, require extensive medical treatment, or result in wrongful death can take longer to settle, as there are more damages to take into account.
Contact Our Orange County Personal Injury Lawyer Today
Following an accident in California, it’s important to immediately consult with experienced personal injury lawyers. Injured victims looking to seek damages must be aware of the statute of limitations and the considerably short time frame allotted to recover compensation.
The Law Offices of Daniel Kim provides professional legal representation with no upfront costs and fights to get clients maximum compensation. If you have been affected by an accident that was a result of someone else’s negligence, contact our law firm to speak with the best personal injury lawyer in Orange County. Get started with our free, no-obligation consultation.
Our personal injury law firm serves clients from cities all throughout Orange County including Aliso Viejo, Anaheim, Anaheim Hills, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, Laguna Beach, Lake Forest, Mission Viejo, Newport Beach, Orange, San Clemente, San Juan Capistrano, Santa Ana, Tustin, Yorba Linda, and more.