Accidents happen almost every day and can seriously disrupt a victim’s life. Whether you are injured in a vehicle accident, suffer a dog bite, or experience a more catastrophic injury like brain damage, an attorney can help you get fair financial compensation.

If you are injured in an accident, seek emergency medical attention and contact an attorney for help. The fallout of the accident may be painful and expensive, and many victims find that they cannot afford the recovery process. Your attorney can help you assess your damages, determine what kind of compensation you are entitled to, and gather evidence to prove that the defendant is directly responsible. You deserve justice, and a lawyer can help you achieve it.

Receive a confidential case review for no charge by calling our personal injury attorneys at the Law Office of John J. Perlstein at (213) 252-1070.

What Do I Need to File a Personal Injury Lawsuit in Santa Ana?

Filing a personal injury lawsuit takes time, effort, and, most importantly, evidence. If you do not have anything to back up your claims, your case may be over before it begins.

Physical Injuries

The primary characteristic of personal injury cases is that the plaintiff must have a physical injury. If you were not physically harmed, you might not have a personal injury claim, but you could have a different legal claim.

If you have not done so already, go to a doctor and get evaluated. Your medical records about your injuries may be key in proving the extent of the harm you experienced.

Exhaust Your Insurance Options

You might have multiple compensation options, depending on your situation. If you or the person responsible for your injuries has insurance that covers the accident, you should file claims with a lawyer’s assistance. Insurance may help you cover your damages without going to trial. If you plan to sue anyway, the court will likely want to see that you have exhausted your insurance option before pursuing a lawsuit.

Evidence

We must have evidence to support your personal injury lawsuit. Not only do we need evidence in court to meet our burden of proof, but we must have some evidence at the very beginning of the case when we file the initial complaint.

Your initial complaint does not have to include all our evidence or even enough evidence to meet our burden of proof. However, we must include enough evidence to show the court that you have a valid cause of legal action, and a trial is warranted.

FAQs About Personal Injury Cases in Santa Ana

What Are Some Examples of Personal Injury Cases in Santa Ana?

Personal injury lawsuits may encompass a wide range of accidents and injuries. Many, if not most, cases involve defendants who did not intend to cause harm but still did so through their own negligence. Common examples include vehicle accidents, dog bite injuries, workplace accidents, and slip and falls.

Can I File an Insurance Claim for a Personal Injury?

Possibly. Many injuries and accidents are covered by insurance, and you can file claims if you are hurt. For example, people injured in car accidents often file auto insurance claims. Even if you would rather file a lawsuit, you should still file insurance claims anyway because courts typically want plaintiffs to exhaust their insurance options before taking their case to a courtroom.

When Should I file a Personal Injury Lawsuit in Santa Ana?

Accident victims in California must file their lawsuits in court within a certain period, or their claims may expire, and they may be time-barred from suing. You have 2 years from when you are first injured to file your case, barring special circumstances.

How Do I Know What Damages to Claim in a Personal Injury Case?

Damages encompass various injuries and losses you incur because of an accident. Damages are often based on money, such as medical bills, property damage, and even income you lose if your injuries inhibit you from working. However, they may be more subjective, such as damages for physical pain, psychological damage, emotional duress, humiliation, and more. You may need a lawyer to help you fully understand what damages you may claim in your specific case.

What Can a Lawyer Do for My Personal Injury Case in Santa Ana?

Your attorney can help you understand the extent of your damages and determine how much compensation you are entitled to. They can also help you collect evidence needed to prove your claims, as they should be familiar with evidence and how to use it to meet the burden of proof. Your lawyer should also be your primary point of contact. If the authorities, court officials, or the defendant need to contact you for any reason, they should go through your attorney rather than contact you directly.

Should I Have a Trial or Accept a Personal Injury Settlement?

Whether you accept a settlement or have a trial is up to you. While many plaintiffs accept settlements because they are a faster way to get compensation, they do not always provide the full extent of their damages. Settlements result from negotiations, and you may need to let some damages go to cover others. In a trial, you may be awarded full damages if you win, and the defendant is legally obligated to pay.

Do Personal Injury Lawsuits Take a Long Time to Complete?

While personal injury lawsuits can help plaintiffs get the full extent of their damages, they are not known for being quick. In many cases, after a plaintiff files their case, they must wait for the defendant to file a response, go through numerous pretrial hearings and case status updates, the discovery phase, and pretrial conferences. Often, it can take several months to complete a personal injury lawsuit, but the payoff is often worth the time and effort.

What if I am Not Sure Who is Responsible for My Personal Injuries?

Being unsure who is responsible is a common problem in personal injury cases. A good idea is to ask your lawyer for advice. They may be able to talk to the police about the accident or get a copy of the police report. We can also talk to witnesses and examine our evidence to determine who should be responsible.

Speak to Our Personal Injury Attorneys in Santa Ana for Help

Receive a confidential case review for no charge by calling our personal injury attorneys at the Law Office of John J. Perlstein at (213) 252-1070.