Orange County Personal Injury and Wrongful Death Lawyers and Attorneys
Helping victims of personal injury and wrongful death since 1986
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We invite you to click here to review client testimonials and case results…
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Another Satisfied Client!__________
“I’ve known Mitch for several years. We first met when he would stop by my parents’ donut shop to buy donuts for the soccer and baseball players he coached.
Unfortunately, several years ago I was involved in an automobile accident. Despite treating with several different doctors, my injuries were not getting any better. The insurance company for the responsible party was also bothering me. I needed help.
I called Mitch and he went to work to immediately made things better. At my request, he recommended several good health care providers and they provided treatment without me having to pay any money up front. With their help, I eventually recovered.
After the other side’s insurance company tried to “low ball” me with an insulting settlement offer, Mitch recommended that I allow him to file a lawsuit and aggressively litigate my case. He did and when it was all said and done, he obtained almost 5 times more than the original settlement offer. With the help of Mitch and his team of experts, I was able settle my case and move on with my life.
Mitch kept my updated on the status of my case and always was clear about what he recommended that I do next to protect my interest. I trusted his opinion and knew he always had my best interest in mind.
If you have a question about your personal injury or wrongful death case (or any legal question for that matter), I strongly recommend that you contact Mitch with your questions!”
– Miranda Kong
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Do You Enjoy Good Donuts and Excellent Coffee?Stop by “Niguel Donuts” on Niguel road in, you guessed it… Laguna Niguel, California. Tell Miranda’s mom, Mony, we said hi!
Miranda and her family have been strong supporters of our local community. They recently helped the Dana Hills High School Interact Club with a generous product (donuts, donut holes…) donation!
Earlier this month we had the opportunity to help several clients resolve their personal injury cases. Both matters involved one to two years of litigation and both cases were settled shortly before trial.
In the first case we represented a motorcycle rider who was seriously injured after being involved in a collision with a large semi-trailer truck. Our client was safely and lawfully proceeding down a road on his way home from work. He observed the semi-trailer truck parked on the side of the road and well ahead of him.
As he approached the area where the truck was parked, the truck began to move forward and pulled on to the roadway. Our client believed the truck was simply going to unsafely merge in to the far outside lane and continue with its direction of travel. Our client changed lanes and continued traveling forward in the lane closest to the center section of the road.
What happened next turned in to a life-changing nightmare. Rather than continue moving forward, the truck unexpectedly attempted to make an illegal u-turn directly in front of our client and other approaching vehicles. Our client was very attentive and rather than slamming into the side of the truck, he put his bike down and slid underneath the trailer section of the truck avoiding a direct impact. Had he not done so, our client was have sustained fatal injuries on impact.
Our client described his actions as the type of thing you might see in a movie– a movie he wishes he was never in.
Unfortunately, when he slid underneath the trailer, his shoulder struck a low hanging piece of metal that resulted in him sustaining major injuries to his shoulder and other body parts. During the fall, our client also sustained other serious injuries relating to bruising and road rash.
In another case, our firm represented a wonderful elderly woman who was a negligent free passenger in the back seat of a Land Rover being driven by her son-in-law. After the driver fell asleep at the wheel, the vehicle collided in to the back of a truck that had stopped on the freeway.
Despite being seat belted in, the force of the collision resulted in our client sustaining injuries to her knees, shoulder, face and mouth.
Before this collision, our client enjoyed traveling and being active. After the collision she suffered constant pain and had to change her daily habits.
The good news is that with the assistance of a very experienced retired Superior Court Judge and outstanding Judicate West Mediator, we were able to resolve the case one week before trial. We’re also happy to report that all is well between our client and her son-in-law.
Car crashes are the leading cause of death among 16- to 20-year-olds. In fact, one of five teen drivers will be in a crash during the first year of driving.
We’re happy to report that The Auto Club has done a very good job of providing tools and programs for both parents and teens to help raise the awareness of this problem and to also help safeguard your new teen driver.
Several good tools found at the Auto Club site include safety driving classes, resource links and articles such as, “10 Things Parents Can Do to Help Keep Their Teen Driver Safe.”
We also like the available article about how to select a safe care for your teen. The “Parent-Teen Driving Agreement” is also another one of our favorites!
Take a few minutes and review this important information with your teen driver. It’s the smart thing to do and this information will save lives.
In our capacity as Orange County automobile accident lawyers and attorneys, we’ve been helping automobile accident victims for 25+ years. Here’s what an Orange County automobile accident victim needs to know to protect his or her rights…
An auto accident case occurs when a resident of Orange County, California, suffers a physical or emotional injury as a result of another auto or truck driver’s negligent or intentional wrongful conduct. The car crash victim that has rights can be the driver or any passenger in the car.
Tip! Before you read any further, we strongly suggest that you download and read our new ebook BEFORE talking to a lawyer and BEFORE talking to an insurance company representative. It’s free and entitled, “The Truth About Your California Personal Injury and Wrongful Death Case“.
If the other vehicle operator causes death, then surviving family members may have a legal right to bring an automobile related wrongful death case against the unsafe driver, owner of the vehicle, or employer if the driver was negligently operating a car or vehicle while in the scope and course of employment.
Auto accidents can and do take place in Mission Viejo, Irvine, Laguna Hills, Aliso Viejo, Dana Point, Laguna Niguel, Santa Ana, and Newport Beach every day. Conduct of the responsible driver in these cities in many instances is negligent and intentional. In some cases, it’s even willful, wanton or reckless allowing for punitive damages.
Strict liability may even apply allowing an Orange County car crash victim to hold the other driver responsible for all injury and damages without having to show fault or wrongdoing. Each case is different but it’s important to grasp these concepts to protect your legal rights after an automobile accident.
Orange County automobile accident cases that we’ve been able to help Orange County families with over the past 25 years are just part of six million motor vehicle accidents that happen nation wide each year. Several each year also are part of the approximate 11,000 people will die in automobile accident related drunk-driving crashes (we’re talking about 1 every 50 minutes).
What Damages are Available in an Orange County Automobile Accident Case?
| Automobile and Other Vehicle Accidents- Who pays your medical bills? |
In most serious Orange County auto accident crashes, accident victims may be entitled to monetary compensation for bodily injury and pain and suffering from the unsafe person or his employer company whose wrongful conduct and unsafe driving caused the automobile accident and injury.
Punitive damages may also be available to drivers harmed in Orange County and residents of Anaheim, Tustin, Villa Park, Long Beach, Huntington Beach, and Brea, when the other driver acted in an intentional, willful, wanton or reckless manner. These damages are designed to punish and make an example to society of the unsafe driver.
Orange County auto accident collision victims are usually entitled to compensatory or actual damages. The purpose of these automobile accident related damages are to reimbursement you for your past and future “out of pocket” expenses or losses. Exactly what compensatory damages and monetary amount you are entitled to under California law depends on the unique facts and issues in each case. Although many car crash cases can appear similar, the fact of the matter is that no two cases are alike.
| What Kind of Compensation am I Entitled to After an Accident? |
For those Orange County residents who are automobile accident victims, it’s important to know that the most common compensatory damages you may be entitled to for your auto injuries and auto damages include…
Medical Expenses- Past and future bills and expenses for health care services from automobile accident related ambulance or emergency providers, hospitals, doctors, medication, and related services from nurses or other health care providers related to your injury, care and treatment.
Lost Earnings- If you are an Orange County auto accident victim and are unable to work for a period of time after the automobile accident, you may be entitled to recover reimbursement of all lost wages.
Impaired Earning Capacity- Any reduction of your ability to earn a living after a serious automobile accident is also normally recoverable. In many instances, an expert economist is retained to help determine what the actual loss of income is as a direct result of the car crash.
Future Medical Expenses- After an accident, all reasonably necessary future medical care and treatment is recoverable. Experts are used for this too.
Pain and Suffering- These damages are awarded to compensate an automobile accident victim for all past and future pain and suffering related to the auto accident and injury.
Mental Anguish- Car crash victims who have sustained extreme mental or emotional suffering or distress relating to the crash or accident are entitled to compensation. In some cases, this may also include someone who, because of the automobile accident, has witnessed the severe injury or death of a loved one.
Loss of Consortium- If, because of an automobile accident, the victim’s spouse is unable to enjoy the things normally related to a marriage such as sexual relations, affection, comfort, and companionship, a claim for money damages may be brought.
Loss of Society and Companionship- In Orange County automobile accidents cases resulting in death, these damages may be awarded to a heir for the loss of companionship, comfort and love.
Property Damage- Any property damage resulting from the impace or auto collision may be recovered by the victim in a car crash case.
What is the Standard of Proof in an Orange County California Automobile Accident Case?
In the United States and Orange County, California, the standard or burden of proof is usually by a “preponderance of the evidence” as opposed to ”beyond a reasonable doubt” or “clear and convincing”. Most automobile accident cases are handled in the civil court system and it’s important to know that proving a case beyond a preponderance of the evidence (slight tipping of scales) is usually easier than a criminal prosecution (beyond a reasonable doubt). Sometimes when a automobile driver who was acting in a criminally unsafe fashion causes an serious accident, that Orange County driver is charged by the Orange County District Attorneys Office with a crime. In these cases, we work with the District Attorneys Office but do file a separate civil case against the responsible driver.
What Are The Special Time Limits to Bringing an Orange County Automobile Accident Case?
| Special Time Limits in a Personal Injury Case… |
What many accident victims are not aware of is the fact that time is of the essence in many automobile accident cases. In car crash cases, most states have a strict statute of limitations or time periods which which a court proceedings must be properly commenced. Failing to act in a timely fashion may result in the victim forever loosing his or her right to bring a claim.
Although not falling under the statute of limitations laws, other important time sensitive issues include issues surrounding preserving evidence and identifying defendants, insurance coverage and assets. The earlier you do this after an automobile accident the better. Lawyers, investigators and experts are usually hired to help get this done. You might be interested in looking at our checklist of 100+ things that we normally do after being contacted and retained by and Orange County automobile accident victim.
When it’s all said and done, Orange County automobile accident victims should get an experienced lawyer involved sooner rather than later.
Can a Person Who Causes Harm in an Orange County Automobile Accident be Prosecuted for Both the Criminal Wrong and the Civil Automobile Accident Personal Injury Case?
Of course! We see this happen almost on a monthly basis.
In some instances, the civil automobile accident case and the Orange County criminal case are filed at or about the same ime.
When this happens, it’s important to “work with” the Orange County District Attorney’s Office to coordinate the investigation, witnesses, criminal plea bargaining and other important issues.
From a Lawyers Perspective, What Does it Take to Be a Good Automobile Accident Lawyer in Orange County?
| What Does it Take to be an Effective Personal Injury Lawyer? |
Becoming a good an effective automobile accident lawyer takes practice and time. It can take years, and even decades for a lawyer to perfect his or her craft.
Different lawyers use different techniques to help maximize the total monetary payout of their clients’ cases. We believe convincing arbitrators, mediators, juries, and even opposing counsel is as much an art as anything else. It’s about using the law, facts, and people skills to make a point and to justify the damages sought.
Persuading insurance companies and claims adjusters is challenging and the final amount obtained for clients is usually related to “how” a lawyer argues the facts and presents the evidence. We believe that reputation and skill play big factors in the final settlement or verdict numbers.
What Happens Next and What Are The Steps in an Orange County Automobile Accident Case?
Orange County automobile accident victims must act quickly and make smart decisions to protect their legal rights after a car crash.
Serious injuries need to be diagnosed and treated by experienced health care providers. Doing so immediately after an auto accident is important. Here’s why…
Investigation and Protecting Evidence in an Orange County Automobile Collision Case
When it comes to investigating an automobile accident and collision case, it’s important to keep in mind that evidence can be lost or become more difficult to locate the longer you wait. Items are moved or even completely removed from the car crash scene. The vehicle skid marks wash away with rain and other items like broken asphalt, walls, and buildings get replaced or repaired. Automobiles are repaired before pictures are taken. Witness memories fad. Witnesses disappear.
Carry a camera or video recorder with you in your car. After an Orange County accident happens, take pictures and videos of the vehicles, people, and injuries. After being retained, we also use investigators to follow-up with measurements, pictures and interviews.
Automobile accident reconstruction or bio-mechanical engineering experts are retained in some cases to help with the investigation and analysis of the accident. Things like liability and force of impact can be determined for the claim or trial.
Claim and Lawsuit Filing Deadlines in Auto Accident Cases
In almost every Orange County automobile accident case, you only have a certain period of time to file a claim or lawsuit relating to your car crash injuries and damages. If you fail to properly file or serve the required legal documents, you may very well forever lose your legal right to pursue a claim or case against the responsible party who caused your automobile accident.
The time requirements you have to file an automobile accident claim against a governmental entity such as a city, county or state is different than when you are dealing with a private automobile owner or a company that owns a vehicle. In all cases, prompt action needs to be taken after an automobile accident happens. There is absolutely no upside to delaying your actions.
Legal Documents in Automobile Accident Cases
Legal documents used in Orange County, California, accident claims and collisions are usually referred to as pleadings, claim forms, and motions. They are normally prepared and filed with the court to protect the rights of an accident victim and to help maximize your chances of obtaining a full and fair settlement or judgment. Automobile accident settlement demand packages are also sometimes necessary to attempt settlement of an auto case before the need for a lawsuit becomes necessary. In may car crash cases, mediation, arbitration and trials are used to help obtain a settlement or final outcome. Again, each case is different and an experienced lawyer can help you decide which option is best!
Who Pays in an Orange County Automobile Accident Case?
| Auto Repair- Know your rights! |
When resolving an Orange County automobile accident case, most experienced Orange County automobile accident lawyers focus on the other driver’s automobile liability insurance or homeowners insurance. If the negligent driver who caused your injuries was employed with a company at the time she caused the auto accident and, was in the scope and course of employment, we may also pursue a claim against the employer. This legal theory in auto cases is known as respondent superior (the employer is liable for the wrongful conduct of its employees while on the job).
Other theories of liability in automobile accident cases may also be reviewed and pursued and might consist of a claim against the manufacturer or a maker of one of the vehicles parts or components (defective brakes, tires, unsafe/exploding gas tank design…).
If the responsible driver has insufficient insurance or no insurance at all, an Orange County automobile accident victim may be entitled to bring an uninsured motorist or under-insured motorist claim available against his or her own insurance company. And that’s OK. That’s why you have UM or UIM coverage. Pursuing such a claim will not raise your rates or risk coverage under your policy.
UM or UIM coverage may be all you need to obtain full and just monetary recover in your auto case. However, in come cases, we also use experts to conduct an asset background check to see whether or not the defendant driver has any real property, bank accounts, home equity, or other significant assets to cover your losses. In several cases, we’ve been able to use this approach to get the defendant driver to write a personal check to our client above and beyond the payment of his or her insurance policy limits.
When it comes to Orange County automobile accident victims protecting their rights, the bottom line is that no settlement should take place and no settlement releases should be signed until you have full and complete understanding and complete answers to all of the above questions and issues.
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IMPORTANT TIP- Review the following resources BEFORE talking to an insurance company and BEFORE talking to a lawyer…
Recorded Live Interview- “How to Find, Interview, and Hire a Good Lawyer
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