Santa Ana Accident Injury Lawyer

Auto Accident Injury Law Information in Santa Ana California

Insurance Issues for Automobile Accidents

Car accidents are prevalent in Santa Ana California and often give rise to personal injury insurance claims and litigation. Those who drives within California must carry insurance that protects other drivers. The minimum required policy as of 2019 is $15,000.00 per person/$30,000.00 per incident. Many drivers choose to purchase insurance coverage above the minimum legal limits. Other drivers disobey the law and choose not to purchase insurance coverage at all. Most insurance carriers offer uninsured motorist protection for bodily injury. Individual policyholders can claim against their uninsured motorist bodily injury policy where the person who causes the accident does not have enough insurance to cover the damages.

Car accidents are caused by individuals. In many scenarios, corporations become liable to pay for car accidents that are caused by their employees. Large insurance policies in the millions of dollars are available on cases against companies like UPS, Fed Ex, Uber, Lyft, and trucking companies. Santa Ana attorneys can help bring legal action against large insurance policies in the even the damages are large, catastrophic or result in the wrongful death of the victim.

Showing Negligence and Collected Information

Notes after a car accident

The California Motor Vehicle Code sets forth the rules that drivers are to follow when operating motor vehicles. The concept of negligence per se could apply to hold a defendant liable where a violation of the rules of the road causes a collision that results in physical and/or psychiatric injuries. The police report should be consulted to ascertain if the police officer cited any of the parties involved in the traffic collision. A citable offense that gives rise to an auto accident helps the plaintiff establish the negligence elements at trial. Here are some common types of maneuvers that constitute negligence per se:

• Running a red light;
• Running a stop sign;
• No right hand turn on red light;
• Speeding;
• Unsafe lane change; and
• Failure to yield to oncoming traffic.

It is always a good idea to call the local police or CHP to create a report if a negligent vehicle operator causes injuries. The officer will also take verbal statements that help define exactly what happened that gave rise to the traffic collision. These witness statements can be valuable for proving damages at a Santa Ana auto accident injury trial.

Hiring Santa Ana Accident Injury Lawyer for Legal Help

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Santa Ana Accident Injury lawyer helps provide damages arising from negligent auto accidents, traffic collisions, and motorcycle freeway crashes. Early investigation and medical treatment is necessity to successfully present an insurance claim for fair settlement and compensation. Our Santa Ana auto accident legal team is here to assist you, starting with a free and confidential legal consultation.

Defining Personal Injury Law in Santa Ana California

Personal Injury Lawyer Definition Help

Personal Injury Law Help Santa Ana

The term personal injury does not have an official legal definition nor is it a term of art within the legal community. Instead, personal injury is a general term used to describe physical and/or psychiatric injury that arises due to negligent human behavior. The term encompasses a multitude of scenarios that potentially fall under the English common law of tort negligence. The tort of negligence arises when all of the defining elements are met. The Santa Ana plaintiff (usually the injured person) must prove each of the following element by a preponderance of the evidence. Here is the general test:

• Defendant had a duty to act with reasonable care vis-à-vis the victim;
• Defendant behaved with less than reasonable care;
• The breach of defendant’s duty caused injury to the plaintiff; and
• The plaintiff suffered physical and/or psychiatric injury, also known as damages.

The third element of causation is sometimes further broken down to two elements to differentiate cause-in-fact and proximate causation. Cause-in-fact is tested using the but for standard, which requires that the injury would not have occurred but for the defendant’s duty/breach. Proximate cause is tested by asking if the type of harm caused is a reasonably foreseeable consequence of the duty/breach. When the defendant violates the law and the underlying law is meant to protect against the harm caused to the plaintiff, the defendant is said to be negligent per se. Jurors are generally amenable to finding negligence per se if a clear violation of California law. It is often said that liability is established when the first 3 elements are established.

Showing Damages in a Personal Injury Jury Trial

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The fourth element is required to complete the cause of action against a defendant. It isn’t enough to show that the defendant acted badly. Without damages, there is no tort. In other words, the plaintiff must be damaged in some way in order to recover. Many California personal injury cases are less about liability and more about the nature and extent of the damages. It is the hurt victim’s burden to show all the ways that they are harmed by the incident.

California law allows a jury to award damages. Damages come in many forms, including:

• Special Damages – these include medical bills, lost earnings, lost future earning capacity, out-of-pocket expenses that results from the incident.
• General Damages – these include pain and suffering, loss of life’s enjoyment, and emotional distress resulting from the incident.

Corporations can be negligent when an employee acting within the course and scope of employment acts negligently and damages someone. Government entities under the California torts claims act can similarly be held to account for damages when civil servants behave negligently and caused injuries to others. Each and every individual can also be held liable in their own right with few exceptions. When an common law exception applies, it is known as an affirmative defense.

How Personal Injury Attorneys Help Victims of Negligence

Negligence can arise in many situations that are covered by insurance. Insurance companies are sophisticated and employ attorneys to help manage their risk that they face in the courts. Santa Ana Personal injury lawyers help establish liability, damages, and coverage for their clients. If you are hurt and believe it’s a personal injury, you should contact our Santa Ana law office for immediate help. We have legal services for the following scenarios:

• Auto Accidents, Motorcycle Accidents, Pedestrian Accidents
• Premises Liability, Store Slip & Falls, Trip & Falls
• Strict Liability, Dog Bites, Animal Attacks
• Products Liability, Dangerous products, Failure to Warn Cases

Workers' Compensation Legal Information

Workers Compensation Lawyer in Santa Ana California

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California Workers’ Compensation law requires that all employers carry workers’ compensation insurance to provide benefits to workers who are injured on the job. If an employer has workers’ compensation coverage, then the employee cannot sue the employee for personal injury. Instead, the employee is limited to a workers’ compensation benefits from the employer’s policy. A summary of the benefits for job accidents are as follows:

• Temporary disability indemnity – provides wage replacement to the employee while healing from the industrial injury;
• Permanent disability indemnity – provides a sum of money to compensate the employee for their lost earning capacity due where injuries hinder ability to compete in the labor market.
• Medical treatment – to cure or relieve the job-related injury or health condition;
• Supplemental Job Displacement Voucher – SJDV provides money for retraining where an industrial health condition means they cannot go back to their usual and customary duties;
• Mileage Reimbursement – to help the employee travel to and from doctor appointments.

Not all work-related injuries qualify for all benefits. The facts of each separate case dictate entitlement rights. Those who need guidance through the claims process or have a dispute over their compensation benefits have the right to hire an attorney. Attorney fees must be approved by the workers’ compensation law judge.

How Disputes of Workplace Injury Compensation Resolve in Santa Ana

The law prescribes a claims process where disputes are resolved by an administrative law judge. The employee has the right to hire legal representation for work-related injury claims. Our Santa Ana law firm offers free initial consultations to help potential clients assess their rights. We can help you determine if you need a lawyer or not, free of charge. The applicant only owe our law office attorney fees if the case resolves in a money settlement or award by the judge.

Types of Workplace Accidents and Injuries that Result in Claims

work injury claim form insurance benefits

Many types of situations give rise to workplace accidents and injuries. Any injury requiring more than first aid or that results in missed time from work should be filed with the workers’ compensation insurance carrier. Many employers fail to follow proper protocol and treat serious injuries as first-aid only claims. Do not be fooled, seek our professional advice immediately. Here are some common job site accidents:

• Forklift collision;
• Loading dock fall;
• Collapsed roof;
• Automobile accident;
• Slip & fall;

Occupational Hazard Cumulative Trauma Claims in Santa Ana California

Injuries that arise over time due to repetitive work activities qualify as legitimate workers’ compensation claims. Medical evidence is essential to prove causation for occupational hazards. Lawyers help with the process and advocate for the injured worker. Here are some common jobs that cause cumulative trauma injuries:

• Assembling, packing, wrapping, inspecting
• Sewing, textile, transacting funds (cashiers, bank tellers)
• Chopping, welding, cutting jobs
• Electrical and electronic assembling
• Cleaning, janitorial
• Data entry, bookkeeping, office workers