2/4 Seal Beach, CA – Car Crash with Injuries on I-405 Near Seal Beach Blvd

Fullerton Personal Injury Attorney

Injury Attorneys Serving Fullerton, CA

When you have been injured by a negligent party—whether an individual or a business—you have the right to file a personal injury claim. This claim will seek compensation for your injuries, such as reimbursement for medical expenses and lost wages. There are many accidents that can qualify for a personal injury claim, although not every instance of injury rises to the level of a personal injury claim. There are different types of personal injury claims, including:

  • Accidents — Sometimes when an accident occurs it is just that—an accident. Other accidents are directly caused by the negligence or carelessness of another. Auto accidents, medical malpractice, and slip and fall accidents are examples of personal injury accidents.
  • Intentional Acts — In some cases, an individual’s intentional conduct leads to injuries to another person. Assault is one example of an intentional act that could lead to a personal injury claim.
  • Defective Products — We expect the products we purchase to have been thoroughly tested, and safe to use. This is not always the case. When a defective product causes an injury, a product liability claim can be brought against the manufacturer of the product. Vehicle components, medical devices, pharmaceutical drugs, children’s toys, furniture, and every other type of product we use can be deemed defective if it unreasonably causes injury to a consumer.

When you have been injured through no fault of your own and are left with medical expenses, perhaps unable to work and make a living, you may not know where to turn. An experienced Fullerton, CA personal injury attorney from Russell & Lazarus can help you through this difficult time. We will take care of all the legal details, such as negotiating with the insurance company to ensure you receive a settlement that fully covers all your expenses.

When you choose the knowledgeable Russell & Lazarus attorneys, you are choosing a law firm that:

  • Has hundreds of positive online reviews
  • Charges no fees unless we win your case
  • Offers a free, no-obligation consultation
  • Is available 24/7
  • Has achieved remarkable case results for prior clients

We are both highly skilled negotiators as well as fierce litigators. We will present the strongest case possible on your behalf, increasing your chances of obtaining the highest settlement. We prepare each case as if it were going to trial, meaning we are meticulous from the start. At Russell & Lazarus, we will help you obtain the medical treatment you need, help you figure out how to pay your medical expenses or the expenses associated with the loss of a job, and even assist you with monetary advances, transportation needs, or rental car reimbursements.

Contact our injury attorneys today for a 100% free consultation. 

What are the Different Types of Personal Injuries?

Auto accidents (car, truck, motorcycle, bicycle, pedestrian) result in the largest number of personal injury claims across California and the United States, yet other situations can also result in a personal injury claim, including:

  • Boating accidents
  • Dangerous drugs and medical devices
  • Product liability claims
  • Premises liability claims, such as slip and fall accidents
  • Medical malpractice
  • Some workplace accidents
  • Airplane and train accidents
  • Injuries sustained by the elderly in a nursing home or long-term care facility
  • Injuries sustained by children while in daycare or camps
  • Wrongful death claims 

What Constitutes Negligence in a Personal Injury Claim?

For your personal injury claim to be successful, you must be able to prove negligence caused your accident. Negligence claims must essentially show four things: duty, breach of duty, causation, and damages/harm. When someone acts in a careless manner, they are being negligent in their duty to others. The first element of negligence is duty—that is, did the defendant owe the plaintiff a duty of care? When we get behind the wheel, we owe other drivers and pedestrians a duty of care to drive safely, following all laws and rules of the road. When we see a doctor, that doctor owes us a duty of care to act in the same way another medical professional would have done, given similar circumstances.

Once it is established that a duty of care was owed, the next element of negligence is whether that duty was breached. Did the defendant do something a reasonably prudent person would not have done—or fail to do something that a reasonable person would have done? The third element of negligence is causation which determines whether the breach of duty caused injury to another. If there was a duty, that duty was breached, and that breach of duty caused injury, then the final piece of the puzzle is whether those injuries caused damages or financial harm to the plaintiff. If all elements of negligence are met, then you likely have a personal injury claim.

What Damages are Available in a Personal Injury Claim?

Your exact damages will depend on your unique situation, including the extent of your injuries, and the level of negligence exhibited by the defendant. The following are some of the personal injury damages you may be entitled to receive:

  • Medical expenses are virtually always one of the damages in a personal injury claim. Medical expenses are known as actual compensatory damages—that is, they are easily quantifiable because there are receipts (or estimates for future medical expenses, based on the past expenses) Medical expenses can include hospital bills, ambulance fees, costs of surgical procedures, lab fees, expenses for medical tests, physical therapy expenses, physician bills, treatment for pain management, and costs for prescription medications.
  • Lost wages are also actual compensatory damages. When your injuries prevent you from returning to work, you are receiving no salary, therefore could be unable to pay even your basic monthly expenses.
  • Lost future earnings will estimate what you would have earned had you not been injured.
  • Pain and suffering are general compensatory damage (or non-economic damage), meaning this type of damage is much more difficult to quantify because it is subjective. Pain from injuries is very real and very likely to cause changes in your overall enjoyment of life. Pain can be chronic, lasting months, years, or a lifetime.
  • Loss of companionship or consortium is a non-economic damage that relates to how your injuries affect your marital relationship.
  • The cost of hiring others to help you do things you were once able to do on your own may be an important part of your personal injury damages.
  • Emotional distress tends to relate to the mental trauma of an accident, while pain and suffering relate more to physical injuries.
  • Punitive damages are rare, only awarded when the actions of the defendant were malicious, willful, or egregious, such as driving under the influence of drugs or alcohol.

What are the Steps to Take Following a Fullerton, CA Personal Injury?

Following a Fullerton, CA personal injury, your first priority is to seek medical attention for your injuries. Even if you think you are not hurt that badly, it is still in your best interests to have yourself checked out. The rush of adrenaline your body receives during an accident can mask the symptoms of an injury, which then manifests hours or days later. You should also do the following after a personal injury:

  • Contact the police so you will have a police report of the incident.
  • If the accident involves a slip/trip & fall, file an Incident Report with the business.
  • If you are physically able, take pictures of the scene of the accident with your phone.
  • Never admit fault. Even saying “I’m sorry” (meaning you are sorry the accident occurred) can be misconstrued as an admission of guilt.
  • When you are home, contact your own insurance company for an auto accident.
  • Jot down everything you can remember about the accident—the smallest detail could turn out to be vitally important to your claim.
  • Do not talk to the at-fault party’s insurance company without first speaking to an attorney.
  • Contact a Fullerton, CA personal injury attorney as quickly as possible following your accident. This will ensure your rights are protected, making a positive outcome much more likely. 

How Long Does It Take to Receive My Personal Injury Settlement?

While each personal injury case is unique, therefore, the details are unique, if your attorney negotiates a settlement that you find acceptable, you should receive your check approximately sixty to ninety days from the time the settlement is agreed to. If your case goes to trial and the jury issues a settlement award, again, you should receive your check about sixty to ninety days from the time of the decision. In most cases, you can decide whether you would rather have a lump-sum payment or prefer a structured settlement where you receive a monthly (or yearly) amount.

What Are the Statutes of Limitations for a Personal Injury Claim in California?

In the state of California, the window of time in which you must file a personal injury lawsuit is two years from the date of the accident or injury. Once the statute has passed, your legal right to sue the other party expires. There are certain exceptions to the statute, one of which is called delayed discovery. This rule addresses a situation in which you do not realize you are injured—so the statute begins to run when you discover (or should have discovered) the injury. Another exception is when the defendant leaves the state following the accident. In this case, the statutes stop running while the other party is outside the state of California.

How Can a Fullerton, CA Personal Injury Attorney Help with Your Personal Injury Claim?

The experienced Russell & Lazarus Fullerton, CA personal injury attorneys are different from other law firms. We offer highly personalized attention to every client, serving our clients with compassion, dedication, loyalty, and knowledge. We understand how important the results of your claim can be—for your financial and medical future, as well as your peace of mind. We provide aggressive representation, treating each case as if it were going to trial. Our meticulous preparation—whether we are negotiating a settlement or litigating a case—will present the strongest case possible on your behalf, increasing your chances of the highest settlement possible. Contact Russell & Lazarus today for a free case review!

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