Orange County Personal Injury Lawyer
Orange County is the third-largest county in the state of California. Approximately 3,179,950 people call Orange County home. The four major cities that compose Orange County are Anaheim, Huntington Beach, Irvine, and Santa Ana, which is the county seat. There are numerous Orange County personal injury lawyers available in these cities. The Orange County offices of TorkLaw are located within the city of Irvine, but services the entire Orange County area.
Personal Injury and the Law
The legal definition of personal injury defines an injury to the body, mind, or emotions. When a person files a personal injury lawsuit, they become the plaintiff in the case. The person who caused the injury to the plaintiff is called the defendant. It becomes up to the plaintiff and their legal counsel to supply the burden of truth in the case. The burden of truth is the evidence that proves the facts are valid in the case and that the defendant is guilty of causing the negligence that resulted in the personal injury.
Personal injury claims in the state of California have a statute of limitations attached to them. A statute of limitations is the amount of time that a plaintiff has to file a lawsuit after the injury occurred. In California, the statute of liabilities for personal injury can be found in CCP §335.1 and is two years from the date of the accident or injury. If a claim has not been filed within two years of the incident, the plaintiff no longer has a legal right to file against the negligent party.
The Cost of Hiring Orange County Personal Injury Lawyers
Most personal injury attorneys work on a contract that is built upon contingency fees. Contingency fee agreements are contracts that state the personal injury lawyer does not get paid if your case isn’t settled or won in a trial. These fees are set at a percentage of the overall awarded amount after the case has been won.
Contingency fee agreements level the legal playing field for potential plaintiffs. Some may not be able to afford legal counsel up front, and by signing a contingency fee plan, clients and personal injury lawyers benefit.
Contingency Fee Percentages
Percentages for contingency fees vary based on the personal preferences of the Orange County personal injury lawyers obtained. The average percentage typically falls between 30% and 45% of the overall award. Some lawyers will even use tiers to keep their percentages uniform for all clients. For example, if a case is settled outside of court, the percentage may be lower for the contingency fee than if it had been a trial case.
The contingency fees may seem like a high price to pay for legal counsel, but studies have shown that those who obtain legal counsel receive higher amounts of compensation than trying to win them on their own. In most cases where there is not legal counsel, the insurance companies try to settle with the plaintiff for amounts that equate to pennies on the dollar.
Types of Compensation for Personal Injury
During a personal injury claim, many different types of compensation can be requested. When injuries are sustained, they can leave lasting changes to an individual’s life, and when this happens, the quality of life tends to suffer. Orange County personal injury lawyers are going to pursue every cent that they can for compensation of the negligence of the defendant.
- Medical Expenses
- One of the most sought-after forms of compensation in a personal injury lawsuit is medical expenses. If injuries are substantial, these may also include physical therapy and other therapeutic measures to help the plaintiff regain their functions.
- Lost Wages
- When an injury is severe, the plaintiff misses work, which causes their family and home to suffer as well. A judge may rule that the defendant has to pay what the plaintiff has lost in wages.
- Punitive Damages
- Punitive damages are to be paid by the defendant to the plaintiff are often ordered by the court. Punitive damages can be compared to the fees associated with criminal activity. The idea is that it makes the defendant less likely to commit the same negligent act again.
- Pain, Suffering, and Emotional Distress
- Personal injury cases can be more than a slip and fall accident or a car accident. Wrongful death is also a branch of personal injury lawsuits. When someone dies or is a part of an accident that is traumatizing, this can cause emotional distress. Pain and suffering can also be attributed to the physical pain that a victim may go through daily due to the accident.
Traits to Look for in Orange County Personal Injury Lawyers
Trying to find the right personal injury lawyer in Orange County can be an exhaustive process. There are vital qualities that personal injury lawyers possess that help them win their cases. Efficient personal injury lawyers are knowledgeable about their practice and the practice areas that they represent. This does not mean that they need to be a walking legal dictionary, but there are basics that they can relay when necessary.
A great personal injury attorney is also available and cares about the cases they are working on. These lawyers are often working on more than one case but still manage to bring a personal urgency to each and every case. These are the lawyers that you want on your side when you need to file a personal injury lawsuit.
Orange County Offices of TorkLaw
TorkLaw has offices across the United States to help better serve clients who are the victims of personal injuries due to the negligence of someone else. In Orange County, TorkLaw focuses primarily on these areas of personal injury:
- Car Accidents
- Dog Bites
- Motorcycle Accidents
- Boating Accidents
- Construction Site Injuries
- Amusement Park Accidents
- Orthopedic Injuries
- Sexual Abuse/Sexual Assault
- Drunk or Drugged Driving Accidents
- Slips and Falls
- Wrongful Death
- Traumatic Brain Injuries
- Distracted Driving Accidents
- Uninsured Motorist Accident
If you or someone you love has been affected by one of these personal injury areas, experts at TorkLaw are waiting to review the case. To receive a free case consultation, call toll-free 888-845-9696.
Q: Is there a statute of limitations in California for personal injury?
A: Yes. The statute of limitations for a personal case in California is 2 years from the date of the incident, accident, or injury.
The California statute of liabilities for personal injury can be found is as follows:
CODE OF CIVIL PROCEDURE – CCP
PART 2. OF CIVIL ACTIONS [307 – 1062.20]
( Part 2 enacted 1872. )
TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 – 366.3]
( Title 2 enacted 1872. )
CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 – 349.4]
( Chapter 3 enacted 1872. )
Within 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.
(Added by Stats. 2002, Ch. 448, Sec. 2. Effective January 1, 2003.)