Costa Mesa Personal Injury Lawyer
Trusted Personal Injury Attorney in Costa Mesa, CA
Accidents can happen in the blink of an eye, leaving victims with unexpected medical bills, lost income, physical pain, and uncertainty about what comes next. Accidents resulting in injuries can happen in all sorts of places, be it a car crash on Harbor Boulevard, a mishap at South Coast Plaza, or a collision involving a truck near the I-405 and SR-55 junction. A Costa Mesa personal injury lawyer can walk you through the claims process.
A Team You Can Count On
Bentley & More LLP focuses on understanding the specific circumstances that form each client’s story. The firm serves consumers and employees throughout California, creating tailored legal strategies that suit each individual’s unique needs and goals. Even though our Costa Mesa personal injury attorneys have a great deal of litigation experience, their effectiveness is determined by the significant impact they have on the lives of the clients and their families.
Understanding California Personal Injury Laws
Personal injury law provides a legal remedy for those who are injured by the negligent, reckless, or wrongful actions of another person or entity. There are many different types of accidents that fall under California personal injury laws, such as:
- Car accidents
- Truck accidents
- Slips and falls
- Defective product accidents
- Workplace injuries
California follows a comparative negligence rule under California Civil Code § 1714. This means that more than one person can be at fault for an accident. If more than one person is responsible, each person is responsible for their percentage of fault. In some cases, an injured person may be able to recover compensation for their injuries, even if they are partially to blame. However, an injured person’s recovery is reduced by their percentage of fault.
Generally speaking, California Code of Civil Procedure § 335.1 allows injured individuals two years from the date of their injury to file a personal injury claim. According to the CDC, 5.9% of adults age 18 or older have had an injury that limited their activity within the past three months. Additionally, there were 57.5 million physician office visits and 43.5 million emergency visits for injuries.
Common Types of Personal Injury Cases
Personal injury claims can arise from countless situations. Although every accident is different, certain kinds of incidents happen frequently in Costa Mesa and throughout Orange County. Some common types of personal injury cases include:
- Road accidents
- Slip and falls
- Dog bites
- Defective product accidents
- Bicycle and pedestrian accidents
Whether you’re shopping at local hot spots like South Coast Plaza, The LAB Anti-Mall, or The CAMP, or commuting home on busy streets like Newport Boulevard or Bristol Street, it’s important to know who to contact should you experience an accident.
Evidence in a Personal Injury Claim
Negligence is often at the heart of personal injury cases. To prove negligence, several elements must be established by the injured person.
First, there must be evidence that another person or entity had a duty of care. Secondly, the injured party must prove that the responsible party breached that duty through their negligent actions. Finally, the injured party must prove that the breach of duty was the direct cause of their injuries and damages.
Evidence like photos, witness accounts, medical documentation, police findings, video recordings, and professional testimony can significantly bolster the key components of your claim. However, the types of evidence that may be needed depend on each individual case.
Damages in Personal Injury Cases
Damages are one of the most valuable things to know about when dealing with a personal injury case. The term damage refers to the losses you incur due to your accident or injury.
When it comes to economic damages, you can think of them as damages that attempt to pay you back for your losses. Some of these losses may include medical bills, rehabilitation, lost wages, loss of future earning capacity, and any other out-of-pocket expenses incurred due to your injury.
Non-economic damages are given for injuries that are difficult to quantify financially. Some of these include pain and suffering, emotional trauma, inconvenience, disfigurement, and loss of quality of life. Factors that play into the value of your damages include severity of your injuries, recovery time, and how your injury affects you daily.
FAQs
What Is the Personal Injury Law in California?
Personal injury laws in California allow people who are injured by someone else’s negligent, reckless, or wrongful conduct to recover monetary compensation for their losses. These laws apply to many different kinds of accidents and injuries, such as car accidents, slip and fall accidents, and defective products. California is a comparative negligence state.
This means that even if the injured victim is partially to blame for causing the accident, they may still be able to recover damages.
What Are the Four Proofs of Negligence?
If you believe that you have been injured because of someone else’s negligence, you generally need to prove four elements to recover damages. These elements include: Duty: The defendant owed a duty to the plaintiff. Breach: The defendant breached that duty. Cause: The defendant’s breach of duty caused the plaintiff’s injury. Damages: The plaintiff was harmed and suffered damages.
Do Most Personal Injury Cases Go to Trial in Costa Mesa?
Not all personal injury cases go to trial in Costa Mesa. While many personal injury cases settle or are worked out through negotiation before trial, others must go to court if there are disputes on liability, injuries, or the worthiness of damages. Cases can be settled or go to trial depending on the facts of the case, evidence, and legal issues at hand.
Is Emotional Distress a Personal Injury in California?
Yes, in some situations, you can be financially compensated for your emotional distress in California. Emotional distress can occur when someone experiences a traumatic accident or serious injury. It can also happen when someone witnesses or is subjected to extremely upsetting events. Whether you can recover damages for emotional distress depends on the facts of your particular case.
When to Hire a Costa Mesa Personal Injury Lawyer
Since each case involves distinct facts and legal issues, many injured victims opt to hire a personal injury lawyer to learn more about their rights and understand what legal options they have in California. Bentley & More LLP can help. Contact us today for your personal injury claim.
Costa Mesa, CA Personal Injury Resources
- How Much Does a Personal Injury Lawyer Cost?
- What Is the Burden of Proof in a California Personal Injury Case?
- How Long Does a Personal Injury Lawsuit Take?
- How Does a Personal Injury Lawsuit Work in California?
- What Qualifies as Personal Injury?
- What Questions Should I Ask a Personal Injury Lawyer?
- What Are the Steps in a Personal Injury Lawsuit?
Client Testimonials
“I can’t thank Bentley & More enough, especially Steve. After my dad’s passing in a car accident, they secured a settlement we are so grateful for. From the start, they made sure we were taken care of, handling everything so we didn’t have to worry. Steve went above and beyond, always there when we needed support, and it was such a relief knowing we were in good hands. If you’re looking for a firm that truly cares, Bentley & More is the one. Highly recommend them!” – Kevin Jimenez ⭐⭐⭐⭐⭐
Bentley & More LLP Office
Address: 4931 Birch Street Newport Beach, CA 92660
Phone: (949) 870-3800
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