Fullerton Personal Injury Lawyer

An accident can happen when you least expect it to, and will disrupt your life in various ways. Whether it is a car crash on Chapman Avenue and Harbor Boulevard, or a slip and fall at a local business, victims often face uncertainty over how to protect their legal rights. But, with the help of a knowledgeable personal injury attorney, you can undergo the filing process with confidence.

At West Coast Trial Lawyers, we understand what complications may arise during a lawsuit, and will take each one on while giving you time to recover with a peace of mind. Our legal team is here to alleviate that burden, ensuring that you are being treated with the highest level of expertise and care. With over 20 years of experience handling personal injury cases and a successful track record of delivering client satisfaction, you can rely on us to get the job done.

We run on a contingency-fee basis, meaning that you owe us nothing unless we settle your case. To schedule a FREE consultation, you can connect with us by calling (213) 927-3700 or completing our convenient online contact form.

What Is Personal Injury Law?

Personal injury law allows individuals to seek compensation if they have been harmed by someone else’s negligence or intentional act. The primary goal is to ensure the injured party is awarded financial compensation for any losses incurred, like:

• Medical expenses
• Lost wages
• Property damage
• Pain and suffering

Typically, negotiations and settlements will resolve personal injury cases, but, if both parties cannot come to an agreement, the lawsuit may proceed to trial.

Fullerton Practice Areas We Cover

West Coast Trial Lawyers offers legal services for a wide variety of personal injury cases. Practice areas we specialize in include the following:

• Car Accidents
• Motorcycle Accidents
• Uber and Lyft Accidents
• Truck Accidents
• Wrongful Death
• Pedestrian Accidents
• Spinal Cord Injuries
• Dog Bites
• Burn Injuries
• Brain Injuries
• Scooter Accidents
• Premises Liability
• Bus Accidents
• Bicycle Accidents
• Food Delivery Accidents

The Role of a Personal Injury Lawyer

A personal injury lawyer plays a significant role in helping accident victims. At our law firm, we focus on each of our clients’ needs and priorities as we develop a personalized approach to better your likelihood of acquiring a favorable outcome.

A key objective of ours is to ensure we protect your legal rights, and will do so by carrying out the following tasks: 

• Investigate the incident
• Collect evidence
• Develop a strong personal injury claim

We will also negotiate with the insurance company to ensure you receive a reasonable settlement for the injuries and damages you incurred. If no agreement has been reached, we will proceed to represent you in court.

Common Examples of Personal Injury Cases

Most personal injury cases arise from another party’s negligence or wrongdoing and, as a result, this often involves a range of incidents from car accidents to slip and falls. Here are some of the most common instances of personal injury claims that occur in the Fullerton area. 

Car Accidents

Drivers are required to follow California laws to uphold their duty of care. This includes following a series of laws and vehicle codes to ensure that a car accident doesn’t occur. For instance: 

• CVC 23123: An individual cannot drive while using a wireless telephone unless it is designed to allow hands-free listening and talking.
• CVC 22350: Drivers will need to adjust their speed based on the conditions presented. It should remain reasonable and prudent, ensuring the safety of other road users or property.
• CVC 23152(a): Drivers are prohibited from operating a vehicle while under the influence of alcohol.

Despite many comprehensive attempts to enforce and educate people about these laws, there are still a number of people who ignore these regulations and will constantly contribute to dangerous road conditions. This will not only increase the probability of an auto accident occurring, but severity as well. 

Slip and Falls

If a visitor slips, trips, or falls on someone else’s property, it may trigger an injury. Common factors that can lead to such an outcome include:

• Wet surfaces
• Uneven floors
• Poor lighting
• Loose carpeting
• Exposed wiring

While slip and fall accidents are some of the most common instances of a personal injury claim due to their simplistic nature, there are a number of possible defendants that can be involved in a premises liability case. For example, property owners, maintenance contractors, tenants, and government entities are all possible defendants who can be held liable if they did not provide a reasonable amount of care.

Dog Bites

Under California Civil Code Section 3342, a dog owner is strictly liable for the damages caused by their pet if it bites someone while they are on a public space or lawfully on private property. The dog’s history of aggression or the owner’s knowledge of its behavior do not need to be proven, but there are a few exceptions that may exempt dog owners from facing legal repercussions. This includes the following:

• The dog worked under police or military forces 
• The dog was teased or provoked to attack

Steps to Take After an Accident

Knowing what to do after an accident can make all the difference in protecting your rights and well-being. You will need to act promptly to ensure you preserve significant evidence and your injuries are documented accurately. Delays can weaken your claim, so be sure to fulfill the steps sections below to avoid losing the opportunity to recover maximum compensation.

Contact the Police

If any injuries or damages are present at the accident scene, you should contact the police. Once they arrive, they will assess the situation and conduct a written report. Paramedics may also show up to provide medical treatment to those who sustained bodily harm.

Exchange Information with All Parties Involved

You should exchange contact, vehicle, and insurance information with all parties involved in the accident.

Seek Medical Treatment

It is important to seek medical treatment immediately after a collision, even if it appears minor. In some cases, an unexpected injury may form, meaning that symptoms will not be apparent until it has progressively developed. Acquiring care from a medical professional will allow you to get a proper diagnosis. From there, you will be given a treatment plan suited to help with your recovery.

All doctor visits, along with medical prescriptions and surgical procedures, will be documented and saved on file. You can request a copy of it to use in your personal injury claim as proof that you sustained serious injuries and needed medical attention.

Gather Evidence

Try to gather as much evidence as you can, like:

• Photos of your injury, damages, and the accident scene
• CCTV footage
• Witness information
• A copy of the police report and your medical records

Consult with a Fullerton Personal Injury Lawyer

Consulting with a Fullerton personal injury lawyer after an accident can be beneficial as it will give you immediate legal guidance to ensure you avoid making mistakes that can harm your case. Our team will maximize your potential compensation and advocate on your behalf to ensure you are awarded a reasonable settlement.

How to Prove Negligence

To prove negligence in personal injury cases, you will need to gather substantial evidence that demonstrates the following:

• The defendant owed you a duty of care
• The defendant failed to uphold their duty of care
• The defendant’s behavior was the direct cause of your injury
• You sustained losses as a result of the accident

Under California’s comparative negligence rule, each party will be assessed to determine percentage of fault. Even if you are found partially liable, you may still be entitled to recover compensation. For instance, if you are 20 percent at fault and the defendant is 80 percent at fault, your compensation will be adjusted accordingly.

Dealing with Insurance Companies

When dealing with insurance companies after an accident, a personal injury attorney can step in to take on the influx of tasks presented, like:

• Gathering evidence
• Communicating with the insurance adjuster
• Identifying the potential complications
• Negotiating a reasonable settlement
• Pursuing additional legal action if no agreement has been made

Be sure to always consult with your legal representative before sharing a statement with the insurance adjuster. Remember, anything you say can be used against you.

Time Limit to File a Personal Injury Claim

As section 335.1 of California Code of Civil Procedure, California provides a two year statute to file a personal injury claim. During that period, you will submit all necessary documentation in a timely manner. Having a Fullerton personal injury lawyer on your side can be of great help as they will ensure you carry out these responsibilities promptly and will assess the losses you incurred to seek fair compensation on your behalf. 

If at any point, you fail to fulfill these duties it can not only delay the legal process, but you risk missing the deadline and not being able to recover damages for the accident in question. 

Damages You Can Recover in an Accident

Recoverable damages in an accident will vary for each plaintiff due to the unique challenges presented. The following factors are typically considered when determining a settlement value:

• The severity of your injury
• Percentage of fault
• Current and future medical bills
• Lost wages and earning capacity

To get an estimate of what you could be entitled to, you can use our personal injury settlement calculator by entering the expenses you sustained after the accident. Typically, compensatory damages are awarded. This is aimed to compensate the plaintiff with enough money to cover any losses caused by the defendant. It is sectioned into two categories: economic damages and non-economic damages.

Economic damages are financial costs you endured as a result of negligence, including:

• Medical expenses
• Lost income
• Property damage

Non-economic damages, on the other hand, are intangible losses that are difficult to measure in monetary terms, such as:

• Emotional distress
• Loss of enjoyment of life
• Pain and suffering

Punitive damages could also be granted. But, in California, it has been presented in about 5 percent of verdicts. Its intent is to punish the defendant for exhibiting harmful behavior and to prevent similar conduct in the future. To acquire punitive damages, you will need to prove how the defendant acted with malice, fraud, or oppression.

Schedule a FREE Consultation with Our Fullerton Personal Injury Lawyers Today

If you or a loved one were injured in an accident due to someone’s negligence or recklessness, you may be eligible to recover compensation for your damages and other injuries. As filing personal injury cases can be a long and confusing process for those who are unfamiliar with the legal process, it is vital that you hire an experienced accident lawyer to represent you and your best interests.

At West Coast Trials, our Fullerton personal injury attorneys are available 24/7 to offer legal guidance and support. With over 20 years of experience, we will diligently handle your case with the utmost care and respect that it deserves while you focus on recovery. Due to our dedication to helping our clients, we have recovered over $1.7 billion in financial compensation for our clients and we will continue to do our duty to fight for them and get them the justice they deserve.

To schedule a FREE consultation, you can reach out to us by calling (213) 927-3700 or filling out our quick online contact form.

Fullerton Personal Injury Law FAQ

Will My Case Go to Court?

Not all personal injury cases go to court. Most can be resolved through negotiations made between the plaintiff and the insurance company or the at fault party. But, it could proceed to court if the settlement value is too low or significant damages are involved. 

Consulting with a Fullerton personal injury lawyer will help you understand your legal rights and options, and what to expect if you move forward with the filing process.

Who Is Eligible to File a Wrongful Death Claim?

Under Code of Civil Procedure 377.60, the deceased person’s surviving family members or beneficiaries can file a wrongful death claim to secure compensation. This specifically includes:

• Spouse
• Domestic partner
• Biological, adopted, or stepchildren
• Grandchildren
• If there are no surviving family members, then it would be those who would inherit the deceased’s property under intestate succession laws

You will be given two years from the date of the victim’s passing to take legal action. In certain cases, the discovery rule may apply, meaning that the time limit to sue will start when you knew or should have known about your loved one’s death.

Recoverable damages in such a case include:

• Funeral and burial costs
• Medical bills
• Loss of consortium
• Loss of financial support

What to Do if I’m Injured on Someone Else’s Property?

California’s premises liability laws hold property owners accountable for injuries that take place on their territory due to negligence. Since property owners are required to maintain safe conditions, they will face legal repercussions for allowing visitors to interact with hazards, like:

• Slippery surfaces
• Damaged staircase
• Dim lighting

This especially applies if the property owner did not notify visitors of known hazards by issuing a verbal warning or placing signages near the affected area.

Injured victims are entitled to sue the property owner to recover compensation. To prove negligence, you will need to present the following elements:

• The defendant owed, leased, occupied, or controlled the premises
• The defendant poorly maintained the property
• You were harmed
• The defendant’s lack of care was a substantial factor in causing your injury 

To get favorable results, you can contact our legal team for assistance. We will evaluate the incident and determine what necessary steps should be taken to ensure you get the justice you deserve.