Personal Injury Attorney in Santa Ana, CA

Santa Ana Personal Injury Attorney

If you've been injured due to someone else's negligence, you have the right to demand financial compensation for the losses you've suffered. However, seeking a personal injury claim is no simple task. Defendants and their insurance companies are backed by armies of attorneys ready to protect their clients. Who's looking out for you?

At the Law Offices of Tim D. Wright, we fight for personal injury victims. Where possible, we settle cases out of court so our clients can get back to their lives. If needed, however, we assemble a litigation strategy and take the case to trial. Either way, we defend our clients from beginning to end so they can concentrate on recovering.

What Is Personal Injury?

The essence of a personal injury case is negligence. When another person, business, or even a governmental agency acts irresponsibly, others can get injured. The injury is usually physical, but it can also be psychological or emotional too.

"Negligence" is a legal term that implies failure to exercise an appropriate degree of care under the circumstances. Another way of putting it is failure to behave as a reasonably sensible individual would. Negligence can be displayed through someone's actions (like speeding or driving drunk) or through an omission (such as failing to remove a known risk from one's company property).

To win a personal injury case, the victim needs to show that the defendant was negligent. There are four specific components that are required under California law:

• Duty of care– The offender must have owed a duty of care to the plaintiff. Sometimes a duty arises out of a personal relationship between the parties, such as physician and patient. However this isn't always necessary. For example, when you drive on a freeway, you owe a duty to other motorists not to be careless.
• Breach– Next, the plaintiff must demonstrate that the offender breached the duty of care. This is where the defendant's negligent acts and/or exclusions are highlighted. It also covers situations where the at-fault party breaks a law or participates in intentional wrongdoing. Breach is generally the most disputed part of a personal injury lawsuit.
• Causation– The defendant's breach needs to really result in injury to the plaintiff. If the defendant acted negligently but didn't hurt the plaintiff, this element fails.
• Damages– These are the losses for which the plaintiff will pursue financial compensation. Some of the most common damages are medical expenses, lost income, lost earning capacity, as well as pain and suffering. The nature and quantity of damages are fiercely contested in the majority of personal injury cases.

Potential Damages In a Personal Injury Lawsuit

The objective of a personal injury lawsuit is to make the plaintiff whole via financial compensation. This compensation is referred to as damages, and some examples are:

• Medical costs– This broad category can include everything from hospital bills and prescription drugs to physical therapy and special adaptive equipment to help with a victim's daily activities.
• Lost income– While you recover or are hospitalized for your injuries, you will lose time from work and, with it, potentially considerable amounts of money. You can ask a court to award you damages to cover this lost income.
• Lost earning capacity– Your career prospects may be cut short or significantly restricted after a personal injury. An expert witness can help estimate the future earnings you will miss out on as a result.
• Pain and suffering– These damages account for the pain and psychological stress you will likely experience for some time to come. Although difficult to quantify, they are essential to catastrophic injury cases.
• Loss of pleasure in everyday life– It may not be possible to appreciate your typical daily activities, hobbies, and other passions after a bad injury. These damages help compensate you for the loss.
• Loss of consortium– This category refers to the deprivation of the benefits of a family relationship. It includes the loss of assistance, community, companionship, and sexual relationship between spouses brought on by the injury.
• Punitive (exemplary) damages– In rare cases, an at-fault party can be subject to punitive damages. These are meant to penalize the wrongful party and deter others from engaging in similar conduct.

Are There Time Limits to File a Personal Injury Claim?

Your right to sue a negligent party will not last forever. In California, personal injury claims are subject to what's called a statute of limitations. This establishes a deadline for plaintiffs to submit their claims before they lose the right to do so. For a personal injury, the statute of limitations is two years. In most cases, the clock starts to run when the injury takes place.

However, it's ideal not to delay taking action on your claim. Witnesses' memories can diminish with time, evidence will be more difficult to obtain, and you might forget critical information if you wait too long. If you or a loved one have been hurt, reach out to a committed Santa Ana personal injury attorney.

How Can the Personal Injury Attorneys of the Law Offices of Tim D. Wright Assist Me?

Suing a defendant almost always means suing an insurance company, like a motor vehicle insurer. Regardless, you can count on the defendant's lawyers pushing back on your claims or making settlement offers that come nowhere near to covering your losses. You need a lawyer who not only knows California personal injury legislation, but understands how to establish a reasonable value for your case.

At the Law Offices of Tim D. Wright, we've assisted numerous personal injury clients obtain the compensation they require to recover. We will not accept unfair deals and will stand by you from beginning to end. Give us a call or fill out the contact form today to get started on your claim.

‍