Orange County, CA Car Accident Lawyer

The aftermath of a car accident can be a stressful time.  You may need guidance on what to do next, especially if this was your first serious accident.  Our lawyers can provide you with the direction you need, and we can represent you every step of the way.

Call 911 to report the accident and get the medical help you need, then call our lawyers.  Do not try to talk to insurance companies without a lawyer on your side, and never accept a low-dollar payout without having our attorneys review your claim.

For your free case review, call the Law Office of John J. Perlstein’s car accident lawyers at (213) 252-1070.

How Do You File a Car Accident Case in Orange County?

The process of filing a car accident case is confusing for people who have never done it – and even for many who have done it before.  Our lawyers will guide you through the entire case and represent you every step of the way.

Gathering Evidence

Before we can file, we need proof of what happened.  We can gather repair bills, security camera footage, medical records, and more to build the facts of the case before presenting them in court or to the insurance companies.

Filing Through Insurance

Most cases start with an insurance claim, but if they refuse to pay up, then we can take them to court.

Filing in Court

A court case starts with a complaint.  We file this with the court and serve the defendant with a copy.  This lays out the facts of the case and what happened to make the defendant responsible.

Stages of Court Cases

From there, there may be motions on the pleadings, evidentiary motions, and more.  We then go to discovery, where we can subpoena evidence, depose witnesses, and demand evidence in the defendant’s possession.  Then, if the case has still not settled, we go to trial.

Trial

Our lawyers have taken more cases to trial than many of our peers, and we are not afraid to take cases to trial, even when powerful insurance companies represent the drivers.

How Do You Determine Fault?

Fault in a car accident case is usually based on negligence.  This means looking for four elements.

Elements

Negligence cases say that the defendant’s actions met these four elements:

  1. They owed you a legal duty, often based on traffic laws or general safe-driving standards.
  2. They breached or violated that duty.
  3. That breach caused your accident.
  4. You suffered damages, including injuries, that the court can compensate.

Who Determines Fault?

Fault is ultimately determined by the jury.  When the case goes to a jury trial, they are responsible for figuring out what happened, while the judge is responsible for the legal rulings only.

If the insurance company is investigating fault, they will often avoid making a final admission of fault in any way.  Instead, they may offer a settlement to simply end the case without admitting anything.

How Should You Deal with the Insurance Companies?

In California, we use an at-fault insurance system.  This means that it is the at-fault driver’s responsibility to pay for the damages in a crash, and their insurance covers it.  But navigating that system is complex.

Do You Need to File with Insurance?

Filing an insurance claim is often the fastest way to get coverage, so you will need to file in most cases.  However, you should not do this on your own; work with our car accident lawyers.

The insurance companies will try to get information out of you that you do not need to give them, or they will try to get you to admit fault.  If this happens, it can hurt your case, so only go to them through us.

Whose Insurance Do You File With?

Because we have an at-fault system in California, the at-fault driver’s insurance pays damages.  However, you may have optional coverages on your own policy that can help cover you first, even before fault is determined.

Things like collision coverage can pay for auto damage, and medpay can cover medical bills, to name a few.  This might be your first stop, before filing a claim against the at-fault driver’s policy or filing a lawsuit.

FAQs for Car Accidents in Orange County

What Should You Do After a Car Accident?

After a car accident, take these steps:

  • Report the accident to the police by calling 911.
  • Request an ambulance.
  • Get medical treatment.
  • Collect evidence and contact info at the scene.
  • Continue with any medical care you need.
  • Save your medical bills and other receipts related to the injury.
  • Call a lawyer.

What Evidence Do You Need to Collect?

At the scene of the accident, there is often plenty of evidence to collect:

  • The name and contact info for the driver(s)
  • The make, model, color, and license plate number of the other vehicles involved
  • Names and contact info for any witnesses
  • Photos of the vehicles, damage, and scene
  • The time and location of the accident
  • Whether any signs or signals were present
  • The weather, lighting, and road conditions.

Also note whether you can see any security cameras we may be able to get footage from.  After you call us, we can work to gather video, along with things like financial records, vehicle damage appraisals, and medical records.

Who Can Testify at a Car Accident Trial?

You will likely testify at your own trial, since your story about what happened is the core of your case.

We may also call any witnesses who saw what happened, as well as any experts we may need to explain technical or scientific issues like accident reconstruction.  We may also need your doctors or therapists, and perhaps family and friends, to testify about the non-economic impacts of the accident.

Should Your Case Go to Trial?

Cases often need to go to trial only if the defense refuses to settle.  If they do, we are not afraid to take them to trial.

What Damages Can You Get?

Most car accident cases deal with medical bills, lost wages, and pain and suffering, along with other economic damages (e.g., vehicle damage) and non-economic damages (e.g., emotional distress).

How Long Do You Have to File?

California law typically gives victims 2 years to file under our statute of limitations for personal injury.

Call Our Car Accident Lawyers in Orange County Today

For your free case evaluation, call our car accident lawyers at the Law Office of John J. Perlstein at (213) 252-1070.