Our San Clemente Injury Law Firm Doesn’t Just Win,
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Our San Clemente Injury Law Firm Offers Legal Help For Life-Changing Moments
Injured while exploring San Clemente? As your medical expenses rise, you begin to wonder who is to blame for your injuries. Our San Clemente personal injury law firm can review your situation and explain your legal options for pursuing a claim. Our attorneys can provide guidance on the process, including how to file a personal injury case and what steps may be available to you. Call us at (888) 488-1391.
San Clemente, a city of 62,657 residents, boasts mesmerizing coastlines and beaches perfect for winding down at the end of a long and tiring week. The Pacific Ocean provides an abundance of seafood harvest, which is excellent for gastronomic adventures paired with boutique hopping in hotels and shopping centers surrounding the city. As people explore the wonders of this city, an accident may occur at any time due to the negligence of some individuals. An experienced personal injury lawyer will be vital if you experience an unfortunate incident.
Arash Law handles a wide range of personal injury cases, offering legal support to individuals who have been harmed in accidents caused by negligence.
SM v. Doe Defendant (settled on 10/14/2020) – settlement in a case involving a client who sustained a spinal cord injury and mild traumatic brain injury when he fell off a roof. The team at Arash Law secured an additional $610,000 as part of the third party settlement.– TINA ESHGHIEH
IF YES, You may be able to recover financial compensation. TELL US MORE:
Why Do You Need A Personal Injury Law Firm In San Clemente?
Suffering an injury can be overwhelming, both physically and emotionally, and pursuing a personal injury claim adds another layer of stress. The entire process can be stressful and time-consuming. While you heal, a lawyer can help you gather evidence, file your claim, and represent you in court if necessary.
Working with an attorney may also help you navigate settlement discussions and understand whether an offer appropriately addresses your medical expenses, lost wages, and other damages. Personal injury lawyers are familiar with how liability may be disputed and can protect your rights throughout the process.
While California law allows individuals to file a claim on their own, doing so without legal assistance can be challenging, especially when facing experienced legal teams on the other side. Our San Clemente injury law firm is dedicated to guiding injured victims and their families through the claims process with professionalism and care.
Our San Clemente Personal Injury Law Firm Can Help You
We can handle complex cases, such as train accidents, charter plane crashes, and cruise ship incidents. We have skilled attorneys who focus on different fields of personal injury law.
Our lawyers can also manage these personal injury claims:
Please refer to our complete areas of practice to see all the cases we handle, or use this contact form to contact our San Clemente personal injury law firm.
Common Personal Injuries In San Clemente
Below are some common injuries as well as their symptoms:
- Head & Traumatic Brain Injuries (TBIs) — These are severe injuries where the head suffers a sudden, hard blow. Severe cases may result in constant headaches, confusion, memory loss, nausea, slurred speech, dizziness, loss of balance, and blurred vision.
- Spinal Cord Injuries — A spinal injury is serious and devastating. Some of its symptoms may include intolerable back pain, numbness, loss of balance, and loss of bowel or bladder control.
- Neck Injuries — The signs and symptoms of common neck injuries differ based on the area of the neck injured. Still, in general, you will feel muscle spasms, inability to move your head, numbness, tingling sensations, and pain that radiates in your arms and hands.
- Back Injuries — These injuries are the top cause of disability worldwide. Some symptoms include pain that extends to the knees and legs, bowel or bladder problems, and muscle spasms.
- Shoulder Injuries — When the shoulder dislocates, you will feel shoulder, arm, back, or neck pain. Other symptoms include shoulder stiffness, arm weakness, limited range of motion, swelling, and bruising.
- Knee Injuries — There is often a popping sound when the knee is moved. You also can’t straighten it, and it might also be red and warm to the touch.
- Broken Bones — Fractures range from minor hairline breaks to shattered bones. Seek medical attention as soon as you feel intense pain and a larger area of swelling or bruising.
Regardless of the type or severity of the injury, it is important to see a doctor after the accident so your condition can be properly evaluated and documented. In addition, our personal San Clemente injury law firm can connect you with medical professionals in San Clemente.
What Is A Personal Injury Claim?
The term “personal injury claim” refers to a legal action that allows an injured person to seek compensation (also known as damages).
Economic damages are quantifiable or monetary losses, such as past and present medical bills, therapy sessions, car repairs, lost salary wages, lost earning capacity, and other out-of-pocket expenses.
Non-economic damages are non-quantifiable or non-monetary losses, like pain and suffering, mental trauma, loss of enjoyment in life, loss of a partner, loss of self-confidence, worsening of prior injuries, and bodily disfigurement or dismemberment.
While non-economic damages do not have a set dollar amount, a lawyer, with the help of a financial expert, can estimate a monetary value based on their impact on your life after the accident.
How To Pursue Compensation
In order for a victim to pursue compensation, they must establish that there is negligence on the part of the other party. Negligence, by definition, is a person’s failure to exercise a duty of care where another person would in the same circumstances, resulting in harm to an individual.
Four elements must be present to prove negligence:
- Duty of Care — It is an obligation of a person to keep someone safe, away from any harm or danger.
- Breach of Duty — It occurs when a person fails to keep their duty to keep someone safe.
- Causation — It is proving that a person’s breach of duty directly causes the harm sustained by someone.
- Damages — It is the compensation that an injured individual seeks to cover their losses, as described in the previous section.
Your lawyer can help demonstrate these elements using evidence, such as:
- Accident reports
- Medical records
- Video footages
- Surveillance footages
- Photos of your injuries
- Pictures of the accident scene
- Eyewitness statements
- Expert witness opinions
- Employment records
- A journal that describes your suffering
In some personal injury cases, other legal concepts besides negligence come into play. An example is strict liability, which holds the other party accountable regardless of fault. It can apply to cases like dog bite accidents, in which the dog owner may be automatically liable, even if they were not negligent.
In some cases, vicarious liability may apply. In truck accidents, for example, a negligent truck driver’s employer may also be held liable if the crash occurred within the scope of employment.
Determining liability in a personal injury case often requires analyzing multiple laws and legal doctrines. Our San Clemente injury law firm can review your situation, help identify potentially responsible parties, and guide you through the process of pursuing a claim.
Can I Handle A Personal Injury Claim On My Own?
No law bars you from filing a claim on your own. However, personal injury claims require more than just submitting a claims form to the right government agency. There is a long and time-consuming process involved. An average claim can take anywhere from six months to four years or even longer, based on our experience.
Throughout the process, you may encounter some unfamiliar terms that are both daunting and confusing. Having an attorney from the start can help reduce the stress you feel about the legal process. They can help manage the paperwork, deadlines, and details of your case.
What Is The Statute Of Limitations?
The statute of limitations means a claimant only has two years to file a personal injury lawsuit. If a case is not filed within this timeframe, the court may dismiss it, regardless of its merits.
However, there are certain exemptions to this rule, including:
- Minor Victim — If a child is injured, the two-year period generally begins on their 18th birthday. Their parents or guardians can file a claim on their behalf before then.
- Delayed Discovery of Injuries — In the event an injury manifests some time after the accident, the victim still has a couple of years from the date when the injury was discovered.
- Accident Happens on Government Premises — If the victim gets injured on government premises, the two-year deadline is not applicable. Instead, they will only have six months to file a claim.
Most people will think that two years is more than adequate for filing a claim. According to our experience, it is not, especially for those who file their claims on their own and have suffered serious injuries, as evidence gathering alone will take months to complete.
Our San Clemente personal injury law firm can guide you through filing your claim. We can also advise you on whether any statute of limitations exceptions may apply in your case.
How Long Will It Take To Resolve A Personal Injury Case?
No case is the same. Every case is unique, even when it comes to the total amount of compensation.
Various factors affect the duration of a personal injury case, such as:
Establishing negligence in a personal injury case requires reliable evidence.
Medical records and police reports are important evidence. Still, other pieces of evidence can support your case. CCTV footage, for instance, can help back up your claim, especially if the footage comes from a third party, like a business establishment.
A lack of supporting evidence may make it easier for the opposing party to dispute the claim.
Timing is just as important as the quantity of evidence. Collecting and preserving records as early as possible helps ensure they remain available for your case.
The healing process of some injuries, such as traumatic brain injuries and spinal cord injuries, can take months. The longer the healing takes, the longer it takes for the victim to determine the exact amount of the damage.
It is not ideal to accept a settlement too early, as the future medical bills may be more than what the victim could receive. An appropriate time to take the settlement is when you know how much your injuries will cost to treat.
The victim may need to wait longer before pursuing compensation if their injuries take a long time to heal.
Even when liability for an accident seems clear, insurance companies generally conduct their own investigation before making any settlement decisions. This often involves reviewing records, gathering evidence, and evaluating whether its policyholder is liable or whether another party may share responsibility. This process could take weeks or even months.
In the event that the at-fault party still refuses to settle, the victim's legal team may escalate the matter to the trial court, which will result in a longer process.
When Should You Contact A Law Firm After An Injury?
Generally, the other party’s insurance company and legal representatives start working after an accident. For this reason, many people choose to contact a personal injury law firm as early as possible to understand their rights and the claims process. An attorney can provide guidance, help manage communications, and explain what steps may be available to pursue a claim.
It is not unusual for insurance companies to make settlement offers soon after an accident. These offers may seem appealing, especially when medical bills are rising, but they may not always reflect the full extent of current or future expenses. Consulting with a lawyer before accepting any offer allows you to review whether it adequately addresses your needs.
Another factor to keep in mind is that insurance representatives may take note of statements made during conversations, and these can sometimes be interpreted in ways that affect how liability is assessed. Having an attorney handle discussions on your behalf can help reduce the risk of misunderstandings.
We are a client-focused San Clemente personal injury law firm. We value transparency and client involvement. While we can manage communications with the other side, we also keep you informed of all developments.
Call Our San Clemente Personal Injury Law Firm
At Arash Law, we understand that every case is important. Beyond medical bills and lost wages, accidents can create long-term challenges. Our attorneys are here to guide you through the legal process and help you understand your options for pursuing a claim.
We help accident victims in San Clemente and nearby areas, such as Dana Point, San Juan Capistrano, Laguna Niguel, Aliso Viejo, Mission Viejo, Laguna Hills, Laguna Beach, Laguna Woods, Rancho Santa Margarita, Lake Forest, Oceanside, Fallbrook, Irvine, Wildomar, and Newport Beach.
Contact our San Clemente injury law firm and schedule your free initial consultation with one of our attorneys by calling (888) 488-1391 or filling out our “Do I Have A Case?” form.
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