Irvine Personal Injury Attorney

The term “personal injury” can refer to any incident in which one party’s actions result in harm to another party. Whether accidental or intentional, the at-fault party is responsible for the resulting losses, and the victim may have grounds to claim more compensation than they initially expected. If you have been injured by another party’s actions, an Irvine personal injury lawyer is the ideal resource to consult as soon as possible.

State Laws

California state law allows victims who have been seriously injured by the careless, negligent, or wrongful acts of others to recover compensation for the various damages that resulted from these injuries. Unfortunately, many accident victims are left with mounting medical bills on top of their daily living expenses, and lost income from days off work can prevent them from meeting their financial obligations while they are recovering.

If you have been wrongfully injured due to another party’s actions or lack thereof, a personal injury claim gives you the legal power to take civil action against the individuals, businesses, or government agencies responsible for your injury. However, state laws are incredibly complex.

Navigating the legal system on your own can be confusing, intimidating, and downright frightening. The only way to make sure you can protect your rights and obtain fair compensation is to hire legal representation from an Irvine personal injury attorney.

Why You Should Trust Easton & Easton

At Easton & Easton, our compassionate, dedicated, and award-winning attorneys have over a century of combined experience handling personal injury claims. Our litigators have successfully represented thousands of clients throughout Southern California, securing over $100,000,000 in settlements and verdicts in the past five years alone and more than $2 billion since our firm was founded.

*Awards and recognition are not guarantees of future results. Selection criteria vary by organization. Past results do not guarantee a similar outcome.

We bring extensive legal knowledge, vast resources, and trial-tested litigation skills to our cases, as well as a fierce commitment to helping our clients achieve justice and fair compensation for their injuries. Since we represent high-earning professionals and their families, we understand the financial hardships that doctors, business owners, and other professionals can face when they miss time from work.

What Is Personal Injury Law?

Personal injury law refers to the field of civil law in which victims who sustain physical, mental, or emotional injury due to the wrongful or negligent actions of an individual, business, or other entity can file claims against the responsible party. In contrast with criminal law, personal injury law is not meant to prosecute a wrongdoer but to obtain compensation for the victim based on the harm they experienced from the defendant’s actions.

Personal injury claims focus on identifying a responsible party who intentionally acted in a specific manner that could pose a danger to others or knowingly ignored a specific risk that caused injury.

A defendant in a personal injury case can be a drunk driver whose impairment caused a car accident, a physician who fails to provide proper medical treatment, an apartment owner who neglects to perform maintenance on their property to keep it free from hazards, or even a dog owner who permits their pet to remain off-leash.

Proving Negligence

Achieving success with a personal injury claim typically depends on establishing that the defendant’s actions were negligent. Your Irvine personal injury attorney must establish the following four elements to prove negligence in a personal injury case:

1. Duty of care—the defendant owed you a duty of care. Duty of care refers to the legal responsibility imposed on the defendant that requires they adhere to a standard of “reasonable care” when interacting with others.
   Duty of care arises when some sort of relationship exists between two parties, and one party is obligated to exercise a level of reasonable care while they are performing any actions that could potentially cause harm to the other party.
   For example, a driver has a duty of care to other motorists to obey all state traffic codes, adhere to all posted traffic signs and signals, and operate their vehicle safely to avoid causing an accident.
2. Breach of duty—the defendant violated their duty of care. Proving that the defendant breached the duty of care they owe to the victim means the attorney must show that the defendant behaved in a knowingly dangerous manner that caused a “foreseeable” injury.
   An attorney proves an injury is foreseeable by establishing that a reasonably cautious person would have been aware that their conduct could potentially cause an injury to someone else. Moreover, a reasonably cautious person would have acted differently from the defendant in the situation in question to avoid a risk of harm.
   In the drunk driving example above, choosing to get behind the wheel while intoxicated is breaching the established duty of care.
3. Causation—the victim’s injuries resulted from the defendant breaching the duty of care. Establishing causation refers to proving that the victim sustained specific injuries in the incident and that these injuries directly resulted from the defendant violating the duty of care they owed the victim.
   To establish causation, an Irvine personal injury attorney will gather evidence to demonstrate the full extent of the injuries experienced by the victim and confirm that these injuries occurred as a direct result of the defendant’s breach of duty of care. Proving causation usually involves evaluating medical records, hospital bills, police reports, and other documentation related to the incident and subsequent injuries.
4. Damages—the victim incurred certain damages due to their injuries. The fourth and final element of proving negligence is showing that the damages listed in the victim’s personal injury claim did, in fact, result from the injuries they sustained due to the defendant’s negligence and not from another cause.

Damages often include hospital or medical bills, property damage, lost wages, and pain and suffering. Even if the defendant admits to negligent conduct, disputes can arise regarding the extent of the damages in the case, and defendants are motivated to minimize these damages as much as possible to reduce the compensation amount they are responsible for paying.

Valuing the Claim

The value of a car accident claim depends on the severity of the injuries and how they affect a victim’s life. Economic damages compensate for measurable financial losses, including medical bills, future rehabilitation expenses, prescription medications, lost wages, diminished earning capacity, and, in catastrophic injury cases, life care plans or home modifications needed to accommodate a permanent disability.

Non-economic damages address the personal impact of an injury, including pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life. Insurance companies and courts may evaluate these damages using methods such as the multiplier or per diem approach, depending on the circumstances. In cases involving egregious misconduct, such as drunk driving, California courts may also award punitive damages as part of a court verdict.

Any personal injury claim has the potential to evolve into a very complex legal battle, and an experienced Irvine personal injury attorney can be an invaluable asset for every step of your impending case. They will be especially important if you are worried about bearing partial liability for your claimed damages.

Step-by-Step: What to Do Immediately After an Accident in Irvine

The moments after a car collision can be chaotic, but taking the right steps can both protect your safety and your eligibility to pursue compensation from the at-fault party. Whether a crash occurs on Interstate 5, Interstate 405, State Route 55, Jamboree Road, Culver Drive, or another busy roadway, keep these steps in mind. 

1. Move to a safe location. If your vehicle is still operational, pull onto the shoulder or another secure area that is safely away from moving traffic. Turn on your hazard lights and check everyone for injuries.
2. Call 911. Serious collisions should be immediately reported to the Irvine Police Department or the California Highway Patrol if the crash occurred on a freeway. Request emergency medical assistance for anyone who may be injured.
3. Document the scene. Take photographs of vehicle damage, skid marks, traffic signals, road conditions, debris, and other parts of the crash site. Exchange contact and insurance information with the other driver and obtain witness contact information.
4. Seek immediate medical attention. Paramedics may take you to a nearby hospital, either at Hoag Hospital Irvine, 16200 Sand Canyon Avenue, here in Irvine, or elsewhere. If you do not require transportation to an emergency room, you can protect your health and prepare your injury claim by scheduling a full medical examination as soon as possible.
5. Avoid giving a recorded statement. Do not provide a recorded statement or accept a settlement offer from the other driver’s insurance company without first speaking to an attorney.
6. Schedule a consultation with an attorney. Seek legal representation as soon as possible. An attorney can gather evidence to support your claim. They can pursue compensation while you focus on your recovery.

Understanding the State’s Statute of Limitations

As is the practice in other states, California sets legal deadlines for many types of court filings. Known as statutes of limitations, these windows of time for filing are intended to promote efficiency within the court system and to protect defendants from facing indefinite threats of litigation. Filing deadlines also encourage plaintiffs to take action while the evidence is readily available.

The deadline for most personal injury claims is two years from the day of the injury. Missing this deadline typically means that the injured party’s case would be dismissed. However, an important exception applies when a government entity may be responsible for the accident.

If your injuries involve a City of Irvine vehicle, an Orange County Transportation Authority (OCTA) bus, or another state or local government agency, you generally must file an administrative claim within six months of the date of the accident under the California Government Claims Act.

Missing the Deadline

Missing a deadline could mean that an injured party in Irvine cannot pursue compensation through the courts, even if they have a valid case. To prevent these and other preventable setbacks, you can work with an experienced injury lawyer who can document your injury and pursue compensation accordingly.

What Is Comparative Negligence?

California is a comparative negligence state, meaning plaintiffs can still recover damages for injuries even if they are partially responsible for the circumstances that caused the incident. The court will investigate the incident to determine the percentage of fault the victim shares for the injury, then adjust the value of the case to reflect this degree of fault.

For example, if a plaintiff is found to be 10% at fault for a $100,000 personal injury claim, they will lose 10% of the case’s value and receive $10,000 less for a compensation award. If the plaintiff is 50% at fault for a case of the same value, they lose 50% of the compensation award and receive only $50,000 for their injuries.

While other states put limits on plaintiff recovery, in California, a plaintiff can be 99% at fault for causing the injury and still obtain 1% of the available compensation.

What Kind of Injury Cases Do Irvine Personal Injury Lawyers Handle?

An Irvine personal injury lawyer frequently handles the following types of cases:

• Motor vehicle accidents. Motor vehicle accidents are the leading cause of personal injury in the nation, resulting in millions of serious injuries to motorists, passengers, and pedestrians every year. These collisions can involve all forms of transportation, including cars, motorcycles, trucks, bicycles, large commercial vehicles, boats, public transportation, and rideshare services.

• Catastrophic injuries. Catastrophic injuries are serious injuries or illnesses that have long-term, life-altering consequences. They can consist of injuries to the neck, back, or spine (such as radiculopathy, herniated discs, or whiplash), paralysis, traumatic brain injuries (including concussions, contusions, skull fractures, or anoxic brain damage), internal organ damage, burns, scarring, loss of vision, loss of limb, and amputation.
  There are roughly 17,000 spinal cord injuries every year in the United States, and catastrophic injuries can lead to disabilities and other life-altering hardships.

• Premises liability. Premises liability accidents occur when a property owner, manager, or someone else in possession of a property fails to prevent unreasonably dangerous property conditions, resulting in someone sustaining an injury. Falls are the leading cause of both fatal and non-fatal injuries in adults 65 and older in California.
  These incidents can include slip and fall accidents, retail store or restaurant accidents, construction site or industrial accidents, swimming pool accidents, dog bites, fires, explosions, collapsing structures, falling tree limbs, and accidents that result from inadequate security or protection.

• Product liability. Manufacturers, distributors, and sellers of products are liable for any injuries that victims sustain due to design flaws, manufacturing defects or errors, insufficient instructions for safety, and a lack of appropriate warnings about potential safety hazards.
  Any type of consumer product can cause injuries that entitle victims to file a product liability claim. However, the most common claims involve automobile parts and components, machines, medical devices, medications, household appliances, children’s toys, and e-cigarette or vape devices.

• Medical malpractice. Healthcare providers are expected to adhere to an established standard of care when treating their patients to support the ideal outcome in each case. Failure to treat a patient with the level of care that would be expected from another healthcare provider of similar background and skill is considered a violation of the standard of care.
  Medical malpractice typically takes the form of prescription errors, failure to properly recognize, diagnose, and/or treat a health condition, delayed or inaccurate diagnosis or treatment, surgical or procedural errors, and childbirth injuries.

• Wrongful death. This occurs when someone dies due to the wrongful or negligent conduct of another person or entity. The violent crime rate in Irvine is 2.814 per 1,000 residents in a normal year, and homicides and assaults can leave defendants facing criminal charges and civil liabilities.
  Dependent family members can file a wrongful death claim to recover compensation for their losses, including economic damages like medical expenses, burial expenses, or lost income, and non-economic damages, which encompass loss of care, comfort, society, love, protection, and companionship.

Taking time to find the right Irvine personal injury attorney can pay off tremendously. When searching for legal counsel, it is important to evaluate not only overall legal experience but also specific experience handling cases similar to yours.

The Lifecycle of an Orange County Personal Injury Case

Whether a personal injury takes place in Shady Canyon, Turtle Ridge, Orchard Hills, or another neighborhood in Irvine, there are common steps that happen during an injury claim. The pre-litigation phase typically focuses on investigating the cause of the personal injury. Documenting the harm the victim suffers is also an important part of this phase.

Once sufficient evidence is gathered, the injury lawyer may reach out to the at-fault party or send a demand letter. If direct negotiations lead to a favorable settlement offer, that could resolve the dispute. If the case involves an uninsured motorist, the attorney could focus on managing negotiations with the client’s own insurance carrier. UM/UIM coverage can lead to compensation.

There are times when a serious injury leads to a civil court claim. Although court cases can be complex and require additional time, they can lead to meaningful compensation through a settlement or court verdict. The court process also allows for the discovery phase, where depositions, interrogatories, and subpoenas can lead to additional evidence supporting the claim. The case could be resolved through mediation, alternative dispute resolution, settlement, or trial.

Common Tactics Used by Insurance Companies

Whether you are dealing with your own insurance company or a representative of the other driver, you may run into multiple challenges. Insurance carriers are in the business of making profits, and any steps they can take to deny your claim or reduce the settlement they offer support their bottom line.

Adjusters understand the financial stress injured parties can face in the aftermath of a personal injury. They may try to offer a low-ball settlement offer that allows them to close the claim without paying what you are owed. Another tactic could involve using your own social media posts against you as a means of undermining your injury claim.

By delaying and failing to make fair offers, their goal is to pressure you into accepting less than you should receive. These tactics are an unfortunate reality of insurance negotiations, which is why many injured parties rely on legal support to navigate the injury claims process. An attorney can focus the claims process on the harm you suffered so the settlement reflects the true scope of your losses.

Is It Worth Hiring a Personal Injury Attorney in Irvine, CA?

When faced with a personal injury claim in Irvine, CA, some victims are hesitant to hire a personal injury lawyer, typically due to the cost of attorney fees. However, while it is possible to represent yourself in a personal injury case, it is rarely recommended.

The average person does not possess sufficient legal knowledge or training to understand the procedural rules of the court system or to navigate them appropriately to obtain the ideal outcome. Personal injury claims that seem straightforward at first can quickly become extremely complicated. For that reason, there are many simple errors you can make that significantly reduce the chances of obtaining fair compensation.

From missing filing deadlines and undervaluing your damages to allowing insurance companies to rush your settlement, approaching your case without legal representation can leave you vulnerable to mistakes. Unfortunately, these mistakes can interfere with the efficacy of your claim or cause a judge to throw it out before you have the chance to support your case.

The Importance of Legal Support

It is crucial to remember that the defendant’s insurance company is motivated to disprove your injuries, minimize damages, and offer you the lowest possible compensation amount. They regularly take advantage of plaintiffs without adequate legal understanding and are well-known for using manipulative, dishonest tactics to stall cases, reduce compensation awards, or have your claim denied altogether.

A personal injury attorney is worth the cost, as they can help you by:

• Investigating the incident to gather evidence that supports your claim.
• Proving negligence by establishing the four elements described above.
• Establishing the extent of your injuries.
• Calculating compensatory damages, including medical expenses, lost wages, loss of future earning potential, property damage, and pain and suffering.
• Arguing for punitive damages if the defendant’s behavior was excessively negligent, showed a willful disregard for others’ safety, or involved criminal activity.
• Handling communication with insurance companies.
• Making sure that negotiations proceed in a fair, reasonable, and timely direction.
• Litigating your case in court if the other party refuses to offer a fair settlement award.
• Recovering compensation for you.

Secure Dedicated and Reliable Personal Injury Representation Today

If you were injured due to the negligence of another party, it is critical that you hire an experienced personal injury attorney immediately to protect your rights and achieve the ideal outcome in your case. The attorneys at Easton & Easton provide comprehensive, client-focused legal services.

We have a long record of impressive results helping clients throughout Southern California obtain compensation in their personal injury claims. After we establish that your rights have been violated and you are entitled to pursue compensation, we can file a personal injury claim for you, fiercely advocate on your behalf in negotiations with insurance companies, and take your claim to court if necessary to litigate your case and secure what you are owed.

Client Testimonials

The attorneys at Easton & Easton are proud to maintain an average rating of 4.8 stars. Here are a few reviews from clients who entrusted the firm with their personal injury cases:

“My husband and I had a wonderful experience with Easton & Easton after we were injured in a car accident. Their team was compassionate, professional, and kept us informed throughout the entire process. They truly took great care of us and made a difficult situation much less stressful.” Amanda D.

“I recently hired Easton & Easton to handle my car accident claim, and Attorney William Seidlitz exceeded every expectation. He explained all my options in plain language, responded to every call and message quickly, and negotiated aggressively to make sure I received fair compensation for my injuries and losses.” Troy M.

“Easton & Easton helped me during a very difficult time in my life. I had been in an accident and was in a lot of pain. Brian, Gabe, and the team were great and helped get me a settlement that was more than I expected. I definitely recommend them!” Jennifer P.

Client testimonials reflect individual experiences. Results vary and do not guarantee a similar outcome.

Representative Settlement Results

Easton & Easton has recovered more than $500 million for injured clients. The following are representative results demonstrating the firm’s experience handling a wide variety of personal injury claims:

• $32,000,000 – Full policy limits recovered for a 71-year-old bicyclist struck and dragged more than 100 feet by a cement truck after an unsafe right turn.
• $26,000,000 – Full policy limits recovered for a day laborer injured by construction site negligence.
• $20,000,000 – Recovery for a client who suffered severe injuries due to dangerous conditions on the defendants’ premises.

Past results do not guarantee future outcomes. Every case is unique, and the amount of compensation recovered depends on the specific facts and circumstances of each claim.

FAQs

Q: What Damages Can I Claim From a Defendant in a Personal Injury Case in Irvine, CA?

A: California’s personal injury laws allow the plaintiff in a personal injury claim to seek compensation for their economic and non-economic damages. They must prove fault for their damages before recovering any compensation, and the total case award for a personal injury claim may include compensation for medical expenses, lost income, property damage, and pain and suffering. The plaintiff can also seek compensation for projected future damages.

Q: How Much Pain and Suffering Compensation Can I Claim in California?

A: California’s personal injury laws do not impose a limit or cap on pain and suffering compensation in most personal injury claims. The only exception to this is medical malpractice. As long as your personal injury claim falls outside the extent of medical malpractice, there is no limit to how much pain and suffering compensation you can seek from a defendant. However, the amount sought should reasonably reflect the scope of your damages.

Q: How Long Does It Take to Resolve a Personal Injury Claim in Irvine?

A: The time your case could take to complete largely depends on whether the defendant accepts liability and is willing to negotiate a settlement. The settlement negotiation process may take a short amount of time to complete, as long as all parties are willing to compromise. However, if settlement is not an option, the case will need to be resolved at trial, and litigation may take a long time to conclude.

Q: Will I Secure More Money if I Hire an Irvine Personal Injury Attorney?

A: Even if you believe you have a firm understanding of the extent of damages you can seek from a defendant in a personal injury claim, an experienced Irvine personal injury attorney is your most valuable asset if you want to secure full compensation. They can help accurately assess immediate and long-term economic damages and assist you in arguing for as much pain and suffering compensation as possible.

Q: How Much Will It Cost to Hire an Irvine Personal Injury Attorney?

A: The attorneys at Easton & Easton do not charge upfront or ongoing attorneys’ fees for personal injury claims. Instead, our fee will be a percentage of our client’s final case award, and we only collect this fee if we succeed in their case. This contingency fee policy makes sure that you do not pay anything if we are unable to secure compensation for you and that the legal counsel you need is accessible when you need it most.

Contact Our Irvine Personal Injury Lawyer Team

Contact Easton & Easton today to benefit from our decades of experience. We have a formidable reputation for aggressively defending our clients and have been chosen by the LA Times Reader’s Choice Poll as the “Best Personal Injury Law Firm in Orange County” every year since 2018.

Let us put our knowledge and skills to work for you, so you can achieve justice and obtain fair compensation for your injuries.

*Awards and recognitions are not guarantees of future results. Selection criteria vary by organization.

Irvine, CA Personal Injury Law Resources

• What to Expect During a Personal Injury Lawsuit in Irvine
• Where Do Most Personal Injuries Happen in Irvine?
• California Personal Injury Settlement Amounts Examples
• California Personal Injury Statute of Limitations & Laws
• How Are Personal Injury Settlements Paid Out in California?
• Personal Injury Terminology – Glossary of Terms
• How Long Till I Get My Personal Injury Settlement Check After I Agree in California?
• 15 Questions to Ask a California Personal Injury Lawyer Before Hiring
• Are Personal Injury Settlements Taxable in California?
• How Much to Ask For in a Personal Injury Settlement in California?