Orange County Car Accident Lawyer

Possibly. It depends on the specific circumstances of the car accident. Frequently, multiple drivers or parties are found to be partially at fault for an accident. California operates under pure comparative negligence laws, which require all parties to bear responsibility for their portion of fault for an accident. Therefore, even if you may be partially at fault for causing an accident, you may still have a claim for your injuries against other parties who also contributed to the accident.

However, the compensation you are entitled to recover for your losses will be reduced by the percentage of fault you were responsible for the accident. An experienced attorney can advocate to reduce the percentage you are found at fault, increasing the final compensation amount you are entitled to receive.

In California, a responsible party is required to provide compensation to an injured person for all harm that was caused by their negligence or wrongdoing. This includes medical bills, loss of earnings and earning capacity, pain and suffering, emotional distress, inconvenience, loss of enjoyment of life, physical impairment, disfigurement, grief, anxiety, and humiliation. It also includes property damage, loss of use (rental car expenses) and diminution in value (loss of value of your vehicle as a result of an accident). Under limited circumstances, it may also include punitive damages to punish the defendant for their negligence or wrongdoing, if the evidence establishes that the defendant acted intentionally, recklessly or with malice, fraud or oppression. See Civil Code §3294. In order to recover damages, you will need to make a claim or file a lawsuit against the responsible party. An experienced attorney at The Bertch Firm possesses the knowledge, training, skill and experience to pursue justice for you and secure maximum compensation for the damages you have suffered.

Every case is unique and must be evaluated in light of the specific circumstances giving rise to your injury. The value of your case depends on many factors including the liability of the defendant, any comparative fault of your own in causing your injuries, and the nature and extent of all of the harm suffered by you as a result of the incident, including damages for bodily injury, loss of earnings and earning capacity, property damage, general damages (e.g. pain and suffering, emotional distress, loss of enjoyment of life, physical impairment, anxiety, inconvenience, grief, humiliation, and disfigurement) and punitive damages.

In California, the statute of limitations for all personal injury claims, including car accidents, is two years from the date the incident occurred. This is known as the statute of limitations. (See Code of Civil Procedure §§335-349.4) Code of Civil Procedure §§335-335.1 states that “the periods prescribed for the commencement of actions other than for the recovery of real property, are…[w]ithin two years: an action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”

However, there may be exceptions to this rule which shorten or extend the time for you to file a lawsuit. In most cases, a lawsuit cannot be brought if more than two years has passed since the date of the incident. In limited situations, the time to file a lawsuit may be longer than two years. For example, if the claimant is a minor, they must file a lawsuit within two years of their eighteenth birthday. In other situations, the time to file a lawsuit may be shorter than two years. For example, if your injury occurs as a result of wrongdoing or negligence of a public or government entity, you must submit a claim to the appropriate government entity within six months, even if the claimant is a minor. We strongly encourage you to speak to an attorney at your earliest opportunity to ensure your rights to bring a lawsuit to recover damages for the harm you have suffered are protected.