Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
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Personal injuries can cause a range of physical, emotional, property and economic damages that can be hard to manage. If you find yourself needing legal help, Forbes Advisor has curated a list of the best personal injury lawyers in Irvine, along with a guide covering the essentials of California’s personal injury laws.
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Best Personal Injury Attorneys in Irvine
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Filing a Personal Injury Lawsuit in California
If you want to file a personal injury lawsuit in California, it is crucial for you to be aware of the rules and regulations to navigate the legal system. We have prepared a guide to help you understand the personal injury laws applicable in your state, including the statute of limitations and how compensation is determined or limited.
California Statute of Limitations
California law puts strict limits, or a statute of limitations, on how long victims have to take legal action after suffering harm due to the negligent or reckless actions of another. Personal injury cases must be filed no more than two years after the incident that caused the harm.
The statute of limitations can be extended in rare situations, but typically, a case will be dismissed after this deadline. It’s important to know the deadline imposed by the statute of limitations is for filing the lawsuit—some cases may drag on for years after filing, well beyond the initial deadline.
As long as you file your lawsuit properly before the expiration of the statute of limitations, your case will be allowed to proceed.
California Personal Injury Laws
Every state has laws about personal injury laws. Knowing how these laws might affect your lawsuit in California can help you determine how to proceed. For example, if you know that there’s a cap on what you could receive from a court, you might think twice before turning down a settlement offer.
Here are just a few of the unique personal injury laws in California:
Negligence Standard in California. Under a pure comparative negligence standard, like the one in California, injured people can be compensated no matter what share of blame they have for the events that caused the injury. Each party’s ability to recover is limited by their responsibility, however, so if someone is 99% at fault, they can only recover 1% of their damages. This is different from most states that use a “modified” comparative negligence standard that doesn’t allow for anyone to recover who is more than 50% (or sometimes 51%) responsible.
California Damage Caps. Non-economic damages are capped at $250,000 in California. This means that a plaintiff can recover for all of their calculable and clearly defined damages like damage to their property or the cost of medical treatment after an injury. Other damages the jury awards for things like pain and suffering, however, are capped at $250,000.
How Can An Attorney Help You?
A personal injury attorney in Irvine can help you file your case, gather evidence and witness statements and determine an appropriate amount of compensation to demand. They can then help to negotiate your case in an effort to find agreeable terms for both you and the defendant.
While the vast majority of personal injury cases are settled, some do go to trial, in which case your lawyer will litigate on your behalf as well.
It’s possible to handle a personal injury claim without an attorney—especially for some minor injuries that the insurance company is happy to pay for—but sometimes the service of a good lawyer is invaluable. Many personal injury lawyers offer free consultations, too, so there’s little harm in scheduling a meeting.
How to Find the Best Personal Injury Lawyer in Irvine
It’s important to remember that there is no best attorney for everyone and every situation. You want to find someone who you feel comfortable working with. Here are some ways to evaluate attorneys:
- Take advantage of free consultations. Most personal injury attorneys offer a free initial consultation for potential clients. Use this opportunity to get a sense of whether you and the attorney would work well together.
- Ask for recommendations. See if any family members or friends have worked with a lawyer before. Would they recommend them? Why or why not?
- Trust your gut. Just because an attorney looks impressive on paper does not mean they’re the best fit for you. If you don’t feel like an attorney is right for you, keep looking for one that is.
Methodology
To come up with the Best Personal Injury Lawyers in Irvine in [YEAR], Forbes Advisor considered many factors. Forbes Advisor’s mathematical formula considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation. One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
What if my medical bills exceed my personal injury settlement in California?
Unfortunately, there is no provision in law for settlements that don’t fully cover medical costs. If, after all insurance and settlement proceeds are applied, you will have to make arrangements to pay.
If your medical bills exceed the responsible party’s insurance policy, however, they are still responsible for the costs of the injuries they caused unless you agree to a settlement to accept less.
What must a plaintiff prove to win a personal injury case?
To prove the negligence of the defendant in personal injury cases, you must prove the following:
- The defendant owed you a duty of care
- The defendant breached the duty by acting a certain way
- This action led to your injury
- The injuries led to losses that can be compensated
Your personal injury lawyer can help you collect evidence to build your case against the defendants.
Do most personal injury cases in California settle?
Most personal injury cases settle. It can be better for plaintiffs and defendants to avoid the time, expense and uncertainty of court proceedings. However, when you accept a settlement offer, you give up your right to make further claims for compensation.
