Anaheim Car Accident Lawyer

People are injured every day in accidents, and some of the most common accidents in Anaheim are auto accidents. Whether you are injured because of a negligent driver, a vehicle malfunction, or some combination of factors, you can and should sue for your damages.

Many car accidents occur because another driver acted negligently on the road. Negligence may involve common traffic code violations, dangerously high rates of speed, intoxication, and various other factors. Your attorney should help you gather the information and evidence necessary to prove that the defendant is directly responsible for the collisions. When ready, your lawyer should draft and file a formal complaint to initiate your lawsuit.

For a free, confidential legal review, contact our car accident lawyers by calling the Law Office of John J. Perlstein at (213) 252-1070.

How Do You Prove Your Claims in an Anaheim Personal Injury Case?

How we prove your case will depend on the nature of your claims and the evidence available. Your lawyer should work with you to develop the most effective legal strategy possible.

Many cases are based on theories of negligence on the part of the defendant.

Duty

First, we must prove that the defendant owed you a duty of care. In car accident cases, this duty is said to be shared by all drivers, as each driver owes a duty to all others on the road to drive with reasonable safety under the circumstances while obeying the traffic code.

Breach

Second, we must prove that the defendant’s behavior constitutes a breach of their legal duty. The breach will vary from case to case and often includes traffic violations, drinking and driving, and driving while distracted.

Causation

Third, we must establish the causal link between the defendant’s breach of their duty and the accident. Put another way, we must prove that the accident happened as a direct result of the defendant’s actions and not some other intervening force.

Damages

Finally, we must prove your damages. You cannot sue for hypothetical damages for close calls.

Evidence Needed

We must have evidence to support your case. Without evidence, the entire lawsuit may quickly fall apart.

We need evidence when our car accident lawyers file your initial complaint to show that your case has merit and is a valid cause of legal action. We do not need all possible evidence at this point, or even enough to meet our burden of proof. However, we will need more evidence later when the case goes to trial.

Evidence may include witness testimony, security camera footage, dashcam footage, photos from the accident, and possibly more.

Assessing Your Damages

Before starting our case, we need to understand the full extent of your damages. This means knowing what they are worth and being able to connect them with the defendant’s negligence.

Accounting for All Damages

We need to prove how much they are worth so we can claim adequate compensation in your lawsuit. If damages are left unaccounted for, it may be difficult or impossible to claim them later.

Proving They’re From This Accident

We also need to be able to directly connect your damages to the defendant’s negligence. If you experienced injuries or losses around the same time as your accident, but they cannot be connected to the defendant’s negligence, the defendant may not be held liable for those damages.

How a Lawyer Can Help You Start a Personal Injury Lawsuit

You should not try to begin a lawsuit on your own. The process is famously complex, and minor mistakes could lead to big consequences. Hire a lawyer to help you as soon as possible.

Gathering Information and Evidence

Your attorney should be able to gather much of the evidence needed to prove your claims. They should know likely places to obtain evidence, such as security cameras, witnesses, and additional evidence from police reports.

Your attorney should also know how to obtain evidence in the defendant’s hands. During the discovery phase of the case, your attorney can request information and evidence that the defendant has that is relevant to the case. If the defendant refuses to comply, your lawyer can ask the court to compel discovery.

Drafting and Filing a Formal Legal Complaint

A lawsuit begins with a formal complaint. The complaint must include lengthy and specific details about how the car accident happened, who was involved, why we believe the defendant is responsible, your damages, and evidence supporting your claims.

The content of the complaint is crucial, as it establishes our legal strategy and sets the tone for the remainder of the case. If there are errors in the complaint, it could be rejected. If not, we might need to seek the court’s permission to alter our initial pleading, which may be difficult.

Representation Throughout Litigation

Your lawyer should stand by your side throughout the duration of your case. They should represent you at all pretrial hearings, including conferences, pretrial motion hearings, and the discovery phase. They should also handle all litigation throughout the trial and plan your legal strategy.

FAQs About Personal Injury Claims in Anaheim

When Should You File a Car Accident Lawsuit in Anaheim?

In California, the statute of limitations for personal injury claims requires plaintiffs to file their cases in court no later than 2 years after the injury. If you cannot file your case on time, you might be barred from ever filing it, and you might never receive fair compensation.

What Kind of Accidents May Lead to Car Accident Claims?

Car accidents may happen in many ways, and you should review how your accident happened with your lawyer. Serious crashes may involve head-on collisions or T-bone accidents in intersections. Even accidents that are often less severe, such as rear-end collisions, may be grounds for a lawsuit.

How Do You Evaluate Your Damages in a Car Accident Case?

Damages may be measured by how much money they cost and the overall impact they have on your daily life. Economic damages may include medical expenses, property damage, lost income from missed work, and other related expenses. Non-economic damages may include damages for distress, suffering, pain, and any reduction in your quality of life because of your injuries.

What Kind of Evidence is Necessary in Auto Accident Lawsuits in Anaheim?

Evidence varies from case to case, and what we need in order to prove your claims depends on how the defendant caused the accident and our legal strategy. Some common evidence we should consider includes witness testimony, videos from dashcams and nearby security cameras, your medical records, and photos from the crash scene.

Do Your Injuries Need to Be Severe for You to File a Car Accident Lawsuit?

No. Many plaintiffs sue for injuries that are fully recovered by the time of their civil trial. You only must prove that your injuries and damages are real and have incurred economic costs or taken a toll on your daily life. Your injuries do not have to be extreme or permanent for you to sue.

Contact Our Car Accident Attorneys in Anaheim for a Legal Review if Your Case

For a free, confidential legal review, contact our car accident lawyers by calling the Law Office of John J. Perlstein at (213) 252-1070.