Southern California Personal Injury FAQ

When you’ve been injured in an accident, you likely have many questions about your rights and next steps. At Morey & Upton, LLP, in Costa Mesa, we understand the confusion and stress you’re facing during this difficult time.

These frequently asked questions address the most common concerns we hear from personal injury victims throughout Southern California.

What Should I Do Immediately After A Personal Injury Accident In Orange County?

Your actions immediately after an accident can significantly affect your potential claim. Our lawyers have guided countless clients through these critical first steps during their years of practice. First, seek medical attention even if you feel fine, as some injuries may not show symptoms immediately.

Document everything by taking photos of the scene, your injuries and any property damage. Get contact information from witnesses and the other party involved. Report the incident to the police and your insurance company, but avoid admitting fault or discussing details about what happened.

How Do I Know If I Have A Valid Personal Injury Claim In California?

A valid personal injury claim requires proving four key elements of negligence. We evaluate these factors in every case we handle. To establish your claim, you must prove that the responsible party had an obligation to act safely toward you, failed to meet that obligation, this failure led to your harm, and you experienced real losses as a result.

Common examples include a driver running a red light, a property owner failing to fix dangerous conditions or a manufacturer producing a defective product. We can assess your situation during a free consultation to determine if you have grounds for a claim.

What Types Of Compensation Can I Recover In An Orange County Personal Injury Case?

California law allows injured victims to recover various types of damages, and we work to secure every dollar you deserve. Economic damages include financial losses you can calculate, like hospital bills, missed work income, damaged property and ongoing medical care costs.

Noneconomic damages provide compensation for physical pain, mental anguish, reduced quality of life and lasting impairments. In rare cases involving extreme misconduct, punitive damages may also be available. The specific compensation depends on your unique circumstances, the severity of your injury and how the accident has affected your life.

How Long Do I Have To File A Personal Injury Lawsuit In California?

California’s statute of limitations gives you a limited window to file your personal injury lawsuit, making prompt action crucial. In most cases, you have two years from the date of injury to file your claim, with some exceptions. Additionally, some types of claims have different deadlines.

Medical malpractice claims typically allow one year from when the injury was discovered, while a six-month deadline is typical for claims against government entities. We strongly recommend consulting with an attorney as soon as possible after your accident. Missing these deadlines can forever eliminate your right to pursue financial recovery, even when you have a solid case.

Will My Personal Injury Case Go To Trial, Or Will It Settle Out Of Court?

The vast majority of personal injury cases settle before reaching trial, with statistics showing only 4% to 5% go to court. We’ve successfully negotiated thousands of settlements throughout our practice, recovering millions in compensation for our clients.

Most insurance companies prefer to settle because trials are expensive, time-consuming and unpredictable. We still build every case with trial preparation in mind, which gives us more leverage during settlement discussions. If the insurer refuses to provide reasonable compensation, we’re ready to present your case in court to a judge and jury.

How Much Will It Cost Me To Hire A Personal Injury Attorney?

We work on a contingency fee basis, which means you pay nothing upfront and no attorney fees unless we win your case. This arrangement allows anyone to access quality legal representation regardless of their financial situation.

When we recover compensation for you, we take an agreed-upon percentage of your settlement or verdict as our fee. We also advance all case expenses, including court fees, investigator costs and medical record fees. If we don’t win, you owe us nothing for our services or the expenses we’ve covered on your behalf.

What If I Was Partially At Fault For My Accident – Can I Still Recover Compensation?

California uses a “pure comparative negligence” system, allowing you to collect damages even when you share some responsibility for what happened. The court reduces your award by whatever percentage of blame you carry, but partial fault doesn’t eliminate your right to compensation entirely.

If a jury determines you’re 20% responsible and awards $100,000, you’d collect $80,000. Insurance adjusters frequently attempt to place greater responsibility on accident victims to minimize what they pay out. We understand how to challenge these strategies and make sure your level of responsibility reflects what actually occurred during your accident.

How Can A Personal Injury Attorney Help Maximize My Settlement When I’m Dealing With Insurance Companies?

Insurance companies use trained adjusters and lawyers whose job is to minimize payouts, making legal representation essential for fair compensation. We understand their tactics and know how to build compelling cases that demand appropriate settlements.

Our team thoroughly investigates your accident, gathers evidence, consults with medical professionals and calculates the full value of your damages. We handle all communication with insurance companies, helping you avoid saying something that could hurt your claim. Our track record of recovering over $300 million demonstrates our ability to secure maximum compensation for our clients.

Get The Legal Help You Deserve After Your Injury

The skilled personal injury attorneys at Morey & Upton, LLP, have successfully represented clients in numerous serious injury cases. We know what it takes to pursue maximum compensation. To schedule your free consultation, contact us online or call 800-360-6646.

Our Costa Mesa office serves clients throughout Orange County, Riverside County, San Bernardino County, Los Angeles County, San Diego County and all areas of California.

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