Orange County Personal Injury Attorneys
If you have been injured, your best option may be to contact the experienced Orange County Personal Injury Lawyers of Bisnar Chase for immediate assistance.
Whether you were hurt by a car crash or a dog bite, you may be able to seek justice and compensation by filing a legal claim. In order to protect yourself and improve your claim, it is always best to speak to a personal injury attorney before discussing the accident with an at-fault party or insurance agent.
Protecting your rights after an injury is vital. What you say to law enforcement and the insurance adjusters can highly impact your case. Our team can help protect those rights and fight for you through the legal process.
Bisnar Chase has been helping Southern Californian residents for more than 40 years. If you have been hurt and need help, contact our Orange County personal injury lawyers now. Click the button below or call (949) 203-3814 for a free consultation.
What Does Personal Injury Law Entail?
Personal injury law is a civil law tort. The objective of personal injury law is to hold wrongdoers accountable for their carelessness so victims can be compensated for the injuries and also for the damages they have faced.
The person who is harmed in the incident is labeled as the plaintiff and the individual/group who's labeled as "negligent" is the defendant. Different types of personal injury cases can include accidents, defamation, product defects or intentional acts.
Although every accident case is legally treated the same way, it does not mean they will have the same outcome. If your personal injury claim is not settled in mediation and is taken to trial you want to have an experienced trial lawyer on your side. Trial attorneys have an extensive network of professionals to aid them when defending you. A trial lawyer will also have the confidence to present a profound argument to the judge and jury.
Injury victims are urged to hire a trial attorney to increase their chances of receiving the maximum settlement amount.
The amount of time you have to file a claim: Under the California Statute of Limitations Civ. Proc. §335.1 those looking to file a personal injury incident have "Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another."The statute of limitations for minors may vary depending on the state the injury occurred in.
Types of Personal Injury Cases in Orange County, CA
Our law firm takes on a wide variety of personal injury lawsuit cases. People can be hurt anywhere – from crossing the road to slipping on a wet store floor. We have been based in Southern California for more than four decades, and have built up a huge level of expertise in that time.
Here are some of our most common personal injury practice areas:
Car accidents: According to the Centers for Disease Control and Prevention, in just one year, 35,000 were killed in a car crash. Car crashes happen daily in Orange, Ca and can leave injury victims seriously hurt or dead. The types of injuries that people can experience in a motor vehicle accident can be burn injuries, spinal cord injuries, soft tissue injuries or broken bones. Motor vehicle collision victims can be expensive and data has indicated that annually car collision injuries amounted to $18 billion in medical costs. You do not have to suffer financially due to someone else's negligence, speak to an attorney today.
Dog bites: The American Veterinary Medical Association reported that each year 800,000 people require medical treatment due to dog bite. A dog bite, if severe enough, can cause extreme nerve damage and a person can potentially lose feeling in their hand or fingers. People who are most susceptible to getting attacked by a dog are children and senior citizens. Medical treatment that is required at times for children who have been mulled by an animal can include facial reconstruction. A child may need round-the-clock care and this may lead to a parent needing to take time off of work to care for their child. If your child or family member has suffered from a serious dog bite wound and you need to take time off of work to care for your child, you can possibly earn compensation for lost wages.
Slip and falls: The most common places where slip and falls occur are in public settings such as pools, restaurants, bars or grocery stores. Slip and falls can also take place in a parking lot. It is the duty of the person who oversees the property or the property owner themselves to maintain the premises. This means that the owner has the responsibility to keep people free from harm on their estate. In order to earn recovery for your accident, your slip and fall attorney in Orange Ca must prove that the property owner was knowledgeable of the unsafe conditions and was not proactive about fixing the situation.
Class action: Class action lawsuits are filed by a group of people with the same legal claim. Legally, there is not a set number of claimants that is required to pursue a class action lawsuit. There can be only two people and the case would still be labeled as a class action lawsuit. There is an advantage to having a large number of people in the claim though. The more people there are in the case, the more validity and credibility the plaintiffs hold in the eyes of a jury. Types of class action cases can include employment cases or defective product cases.
Product Liability: People who are injured while using a consumer product have the right to file a personal injury claim. Victims who have suffered from serious injuries while using a product may have experienced these injuries from a defective design, a lack of a "warning" label or a manufacturer's error. California's strict liability rule states that those who were harmed due to the negligence of another have a right to compensation. Compensation that an injury victim can potentially earn for their case can include medical expenses, loss of wages, pain and suffering. An example of a product defect case involved Allergen breast implants. Allergen breast implants were recalled due to the risk of a person developing cancer. Over the years the company has known about the threats that were posed to their consumers and still did not take action to alleviate the issue. If you or someone you know have fallen ill due to Algerian breast implants contact a personal injury attorney in Orange immediately.
Wrongful death cases: When a person dies at the hands of someone else's negligence surviving members can file a claim on behalf of the deceased. People who can file a wrongful death claim are any surviving blood relatives, a domestic partner or a person who was under their guardianship. Wrongful death cases can involve a multitude of accidents that can involve a reckless driver, a careless employer or a negligent doctor. Family members can also file a wrongful death claim if a loved one dies days or weeks later after sustaining the injury.
Employment law: Under the U.S. Department of labor, a worker or applicant should not be denied employment due to factors that involve race, gender, sexual orientation or religion. Employers must follow the laws involving wages, overtime, leave and safe working conditions as well. Employers who violate any of these laws have the potential to be sued. These laws are enforced to protect employees so they may work in a safe and non-discriminatory environment.
Truck accidents: On an average day, fifty people are killed or injured in a truck accident. In crashes involving a truck or tractor trailer and a passenger vehicle, the occupants of the passenger vehicle are 50 times more likely to be killed than the truck driver. There are various causes of truck accidents, which can include: long hours in service/ sleepiness, intoxicated or distracted drivers, driver error, substandard inspections, longer combination vehicles, hazardous materials, defective parts in the truck , missing road signs or dangerous road conditions.
- Nursing home abuse and neglect
- Auto defects
- Pedestrian injuries
- Bicycle accidents
- Hit-and-run accidents
- Brain injuries
- Spinal cord injuries
- Swimming pool injuries
- Motorcycle crashes
- Bus incidents
Seeking Justice – What is Fair Compensation?
Personal injury law covers a huge range of accident and injury types. The amount of money that might be awarded to a client in compensation will always depend on how they were hurt.
Bisnar Chase is a plaintiff's personal injury law firm in Orange County which is passionate about the pursuit of justice. We strive to make sure people who have suffered harm – especially those with life-altering injuries due to acts of negligence and wrongdoing – get the help they need.
These are some of the factors which affect the level of compensation a person might get:
- Pain and suffering: Pain and suffering are classified as non-economical damages meaning that a dollar amount is not assigned to that injury. In a trial, the way in which a jury determines how much a person will receive for pain and suffering is by judgment and whether or not the plaintiff will continue to suffer from that emotional anguish in the future. Usually, people obtain compensation for counseling services if the accident has caused them to go into a deep depression.
- Medical bills: When a person needs to take time off work due to their poor physical state, they may lose the opportunity to earn current and future wages. The first step you should take after your accident is to file a claim through your insurance company. When you file a claim you will also have the opportunity to review what kind of coverage you have under your policy. If your policy does not include physical injury coverage, uninsured motorist coverage or personal injury protection it can be difficult to receive compensation to make up for the wages you lost.
- Lost wages and impact on future employment: When a person needs to take time off work due to their poor physical state, they may lose the opportunity to earn current and future wages. The first step you should take after your accident is to file a claim through your insurance company. When you file a claim you will also have the opportunity to review what kind of coverage you have under your policy. If your policy does not include physical injury coverage, uninsured motorist coverage or personal injury protection it can be difficult to receive compensation to make up for the wages you lost.
- Property damage: The types of recovery that you can be compensated for in regards to property damages can be towing expenses, car repairs, rental car costs and personal damages that were inside the car such as a laptop. There is a difference between a property damage claim and a personal injury claim. A property damage claim only takes into account the monetary value of an accident and does not take fault into account. The difference can also be in the amount of time the claim will take to settle. Usually, personal injury claims take months or even years to reach a settlement. A property damage claim applies to what vehicle damages accumulated from the accident.
What to do After You Have Suffered a Personal Injury
Most, when involved in an incident are stressed and confused about what to do after. Before you speak to the opposing party's insurance company there are steps you should take to maneuver throughout the legal process smoothly.
Important steps a person who has been injured must take:
- Seek medical attention immediately: Many people who are injured – whether they are in a car accident or hurt in a slip-and-fall incident – will downplay the severity of the harm they have suffered. This is not a smart or safe thing to do. Sometimes head injuries and traumatic brain damage can happen without the victim even realizing. It is absolutely vital to seek appropriate treatment after an accident, no matter how minor you think your injuries are. This has dual benefits. The most important is that it ensures the victim is safe and properly treated. But it also provides proof of injury if a legal claim is filed. Once a victim has been properly treated, they can gather evidence and contact an effective Orange County personal injury attorney to take on their case.
- Compile evidence from your accident: When you are involved in an accident you want to gather as much information as possible whether it be from the driver that hit you in a car accident or a dog owner in an animal attack. For example, if it was a driver who injured you, collecting a driver's license number, a car registration and insurance policy number will better support your claim. You would also want to have physical evidence of what occurred. Taking pictures of the vehicles and injuries from the accident is crucial. If a bystander saw exactly what happened in the incident as well, make it a point to save their information so they can potentially provide a testimonial to an injury lawyer in Orange.
- File a police report: Police reports are usually filed after an accident if serious damages or injuries were sustained. Insurance companies usually proceed to file an SR-1 too to notify the DMV that you were involved in an accident. Be proactive after your case though. Accident victims should still file a police report immediately after a collision. A police report will aid you in your claim immensely. A police report will give an unbiased and only present factual evidence. Call the authorities right after an accident and provide them with a statement.
- Notify your insurance company: It is important to contact your insurance carrier right away. Many do not know that insurance companies have deadlines for filing a claim. Be aware of how much time you have to make a claim. When you do file a claim through your insurance company, your adjuster will then be in correspondence with the other party's insurance company to negotiate a settlement. After a settlement has been negotiated you will then be presented with an offer by an adjuster. If you are not satisfied with this offer do not sign any documents.
In the meantime, you need to focus on recovering from your injuries. It is important to attend all doctor appointments, take the prescribed medication and follow with the instructed physical therapy. Failure to do so will not help you receive the maximum amount of compensation. If you do not follow your treatment plan, your attorney will not have medical documentation stating that you are still hurt and recovering from the accident.
Can I Refuse to Speak to the Insurance Companies?
When you are making a claim after suffering an injury, it is important that you do not discuss your case with an insurance agent without your California personal injury lawyer present.
Insurance adjusters will usually be pleasant and personable, but their job is to settle cases quickly and for the lowest amount possible. They will use any information you give them to do this.
If you do choose to speak to the insurance company, remember to:
- Be polite and calm: The best thing that you can do for yourself while you are speaking to an adjuster is to be pleasant. If you become aggressive you can be reckless when it comes to admitting certain actions took place. If you become angry you can also be risking making the claims process more complicated and lengthy. The more easy-going you are the faster you will be able to close your case and move forward.
- Understand who you are speaking to: Do not go into a call blindsided when the insurance company contacts you. Do not start handing information to a person who "claims" to be an insurance adjuster. Beforehand establish who you are speaking to. Collect the adjuster's name, contact, position and company they are calling from first.
- Do not give too much information about yourself: You only want to give basic information about yourself such as your name, home address and cellphone number. You do not want disclose the severity of your injuries to an adjuster either. Just stick to telling the adjuster the facts like where, when and who was at the scene of the accident.
- Do not give in to the pressure to settle: Adjusters will usually try to settle a claim by the first call. This is due to the adjuster wanting to close the case and move on to the next. Insurance adjusters will also want you to settle for a lesser amount than what you deserve. An adjuster's goal is to award you with the smallest amount of compensation to save the insurance company money.
- Refuse to be recorded: Remember you do not legally have to give a statement to the insurance companies and a recorded one at that. When people are told they are being recorded they quickly become stressed and anxious. These types of emotions can lead a person to have a knee jerk response to a question. Recordings hold an immense amount of importance so if a person accidentally admits to something that is not true, they can be jeopardizing how much compensation they can receive for their accident.
When possible, do not enter into discussions with insurance agents – either your own or those representing an at-fault party. Let your attorney handle the negotiations for you. Click here for more information on dealing with insurance adjusters.
Filing a Personal Injury Claim in Southern California
There is a difference between an insurance claim and a personal injury claim. An insurance claim is a document filed claiming that you were involved in an accident to your insurer. You need to look over your insurance policy to see if they would cover you for your losses. Some insurance policies do not cover your accident if for instance you were hit by an uninsured motorist. If you believe that you should have earned more compensation and were cheated out of the amount you needed to recover you can take the next step in filing a personal injury claim.
A personal injury claim involves an individual being held accountable for their negligence.
What Evidence is Needed to Win a Personal Injury Case?
Winning your case is our ultimate goal. In order to do so, your personal injury attorney will build the strongest case possible. It is best to support your legal claim with as much relevant evidence as possible.
One of the first things a personal injury victim should look to do once they are no longer in danger is to compile as much evidence as possible.
These are some of the items which can prove most useful:
- A clear account of the incident, including the location, those involved, what happened, the time it occurred, etc.
- Medical records and documentation of your injuries.
- Witness statements and their contact information.
- Photos and or videos of the incident, injuries, those involved, etc.
Mutual Fault in a Car Accident
Comparative or contributory negligence can apply to a case where two or more people are responsible for an accident. Comparative negligence is a legal defense that involves both injured and at-fault parties to file for compensation. The amount in which each party will receive is determined by how much at fault each person was for the accident.
Contributory negligence states that even if the injured was responsible for 1% of the accident they would not have the ability to file for compensation. Contributory negligence only applies to certain states such as Washington, D.C, Alabama, Virginia, North Carolina and Maryland.
How Much Does a Personal Injury Attorney Cost?
Many people are held back from filing a personal injury claim due to financial concerns. They believe they will have to pay a huge fee to an Orange County personal injury attorney to take their case on – and it is true that some high-priced lawyers are only interested in getting as much commission as possible.
This does not apply to Bisnar Chase though. We believe in our skills and services being open to all victims, including those most in need. We offer a 'No Win, No Fee' guarantee, which ensures that we are only paid if we win your case.
- We have handled the cases of more than 10,000 accident victims under our no-fee guarantee.
- We advance all costs necessary to pursue your claim.
- We charge no upfront fees and it costs you nothing to get your case started.
- We also have a unique protection plan that will shield you from having to repay advance costs.
- If your case is not won, you don't pay.
At Bisnar Chase, we really have you covered. If you or someone you love has been injured due to negligence or wrongdoing, call for a free no-strings-attached consultation to see if one of our accident attorneys can take your case.
Personal Injury Claims FAQ'S
There is not a fixed amount of compensation that applies to every personal injury case. There are multiple variables that are involved in how much you will receive for your car accident claim. What is taken into consideration is the amount of your losses. When you file a car accident claim through your insurance company they use their own formula to calculate the compensation they will provide you in the offer. A factor that also plays into how much you will win in your motor vehicle wreck settlement will be negligence. If you took part in causing the incident, then the amount you receive will rely on how much of the accident was your fault. If the negligent party's insurance company refuses to pay the enough for your losses, then hire an Orange ca auto accident attorney. When you hire a car accident lawyer you will be better informed of your rights and how much you can collect in compensation.
Hiring an accident lawyer can be advantageous for many reasons one being that he/she will be able to prove who is at fault. There are 4 factors that injury attorneys use to prove fault in a car collision. Those factors include duty, breach, causation and presenting physical damages to the court. One of the most important factors involves the "duty of care" that was owed to the injured. This means that your lawyer needs to demonstrate that the person responsible for the harm you experienced had a duty to make sure you were safe. Another reason you should hire an attorney is because they will advocate for you in court. The difference between a trial lawyer and litigator lies in the amount of experience each of these legal professionals have. At times personal injury cases do not make it to trial since they are usually taken care of at a lower level such as arbitration or mediation. When both parties are not in agreeance of compensation and who is at fault the case is then taken to trial. You want a trial attorney on your side. Trial lawyers understand how to pick a jury and have experience in preparing witnesses beforehand.
If your insurance adjuster did not negotiate the compensation you need then seek legal advice from a law firm that specializes in personal injury. The lawyer and their team of experts will provide you with an in-depth analysis of your case and inform you of what legal avenues you can take. The lawyers of Bisnar Chase understand the physical, emotional, and financial struggles that can face injury victims. Our personal injury attorneys in Orange County excel when it comes to securing the best results possible for our clients. We know the O.C. courtrooms inside out and are ready to go to trial for our clients, or to negotiate with insurance companies and defense teams out of court.
This is both a yes and no answer. Settlements will not be taxed especially if the compensation will go towards an accident victim’s medical expenses, mental anguish, pain and suffering. There are exceptions at times to this rule though. The compensation received for personal physical injuries is excludable from taxable income for income tax purposes. IRS Code section 104(a)(2). There may be some types of compensation we collect – such as bystander negligent infliction of emotional distress – which might not be excludable. To make sure that the monetary amount that you received is non-taxable seek out legal advice from an expert.
The Bisnar Chase personal injury attorneys in Orange, California have been winning compensation for injury victims for over 40 years. We understand that the legal process can be tricky and we do not treat this matter very lightly. Our team of experts are also committed to informing you about the status of your case. Contact our offices at 949-203-3814 for a free consultation on your personal injury claim. Bisnar Chase Orange County Personal Injury Lawyers and staff are here to win your case and offer compassionate support. We know that fighting a legal battle can be a tough process, especially if you have suffered an injury or lost a loved one. We will walk you through the process and help in any way we can. Our attorneys have received top ratings from reputed professional associations such as Avvo and SuperLawyers. Our stellar track record and unique approach to client care has not only set us apart but has also earned us the respect of our peers.
Bisnar Chase: Passionate Accident & Injury Lawyers Serving Orange County
Our law firm has the conviction, resources, and experience it takes to investigate to take on personal injury cases of all types for our clients.
It is our achievements and track record that set us apart:
- Personal injury law firm founded in 1978, based in Orange County, CA
- President of the Orange County Trial Lawyers Assoc., 2004.
- Multiple "Attorney of the Year" awards.
- Highest possible "AV" and Avvo attorney ratings.
- "Best Places to Work in Orange County" awards in 2012 and 2013, 2014, 2015, 2016, 2017 and 2018.
- A+ Rating with the Better Business Bureau.
Founding partner John Bisnar discusses what it is about our team of lawyers and staff that makes such a difference:
Bisnar Chase: Outstanding Case Results
Bisnar Chase has an outstanding legal team and is prepared to take on cases involving all kinds of personal injuries, from wounds caused by a vicious dog bite to catastrophic car crash injuries.
We have had great success in winning compensation for our clients. We also often get referrals from other law firms due to our ability to handle complex cases requiring skill, resources, and experience.
Some of our personal injury claim successes include:
- $38,650.000 - MVA - Confidential
- $30,000.000 - Motorcycle accident
- $16,444,904 – Dangerous road condition, driver negligence
- $10,030,000 – Premises negligence
- $9,800,000 – Motor vehicle accident
- $8,500,000 – Motor vehicle accident – wrongful death
- $8,250,000 – Premises liability
- $7,998,073 – Product liability – motor vehicle accident
- $5,000,000 – Auto Defect
- $4,250,000 – Product Liability
How to Find the Best Orange County Personal Injury Lawyer Near Me
The Orange County personal injury lawyers of Bisnar Chase are compassionate and knowledgeable, with more than 40 years of trial experience.
Our team of legal professionals is of the highest quality. We have developed an outstanding 99% success rate, collecting more than $650 million for our clients in and around Orange County.
We have the resources and skills to get the best settlements and verdicts for our clients. Whether your case is worth $5,000 in damages or $500,000, we treat everyone like they are our only client.
If you are looking for the best personal injury lawyers in Orange County, look no further than Bisnar Chase. Contact us for a free consultation and let us work to get you the compensation you deserve.
Call (949) 203-3814 for immediate help, visit our law offices, or click to contact us.
Bisnar Chase Personal Injury Attorneys
1301 Dove St., #120
Newport Beach, CA 92660