California Personal Injury Blog

Orange County residents who have been injured in auto accidents often wonder, “What will my Orange County auto accident lawyer do to help my case?” They rarely ask the related question, “What do I need to do to help my lawyer?”

Your lawyer will do most of the heavy lifting in terms of researching the facts of your case and presenting them in a coherent narrative that proves your injuries are real and they were caused by the other party in your accident. But there are several steps you must take to maximize your chances of a favorable settlement or a victory in court.

1. Follow your doctor’s medical advice. In order to maximize the monetary relief you can receive, you are required to do your best to improve from your injury. This means taking any medications prescribed by your physician, and also following advice regarding activities you should and shouldn’t do, and any recommended physical therapy. If you are unable to follow your doctor’s advice for any reason, document the reason why you are unable.

2. Keep track of expenses. Your lawyer will not be able to prove how the auto accident affected you financially unless you provide him or her with evidence of your expenses. The two categories of expenses that are most frequently found in Orange County auto accident cases are medical expenses and lost income. These can be proven by submitting medical bills and evidence of other expenses and paystubs from before and after the accident.

If you have sustained an injury in an auto accident, financial help may be available. Please contact Orange County auto accident lawyer Samer Habbas at (888) 848-5084 for a free evaluation of your case.

A good Orange County auto accident lawyer doesn’t use a one-size-fits-all case for every client, but comes up with a custom theory of your case based on a careful examination of facts such as the following:

- Medical evidence documenting your injury (this will require you to fill out authorization forms).

- Medical bills you have incurred as a result of your injury.

- Police reports.

- Witness statements.

- Applicable law, including statutory law (laws passed by the legislature) and case law (law based on judges’ interpretation of statutory law).

If the facts of your auto accident injury claim warrant it, your lawyer may also conduct additional research by visiting the scene of the accident or hiring a private investigator.

After conducting his or her research into the facts of your case, your Orange County auto accident lawyer will contact the insurance company for the person who caused your injury. After you are represented by a lawyer, you should not try to communicate directly with the insurance company; all communication will take place through your lawyer.

Though he or she will advise you on what he or she thinks is the best course of action, your lawyer will not be able to make major case decisions like settling with the opposing party’s insurance company without consulting with you first.

If you have been injured in an Orange County auto accident and you are not already represented by an Orange County auto accident lawyer, call Samer Habbas at (888) 848-5084 to schedule a free consultation.

Client statements that were taken by the insurance carrier are often prejudicial and can hurt your case. Your Orange County car accident lawyer will take action to minimize any potential damage.

Almost every statement that an insurance adjuster has gotten will contain some problems or inconsistencies that question its accuracy. The following are examples of situations where the validity of a statement could be compromised.

• The adjuster paraphrased your responses in way that is advantageous to the carrier instead of transcribing the statement word-for-word.
• The adjuster left out the parts of your statement that are not to the insurance company’s advantage from the transcription.
• Parts of your transcribed statement were otherwise deleted, misunderstood, or transcribed improperly.
• The transcription of your statement was not taken by a court reporter or other neutral party.
• You were never told that you could consult with a lawyer before the statement was obtained.
• You were not told that the statement was being taken in order to advantage the insurance carrier, i.e. that it would be used against you in later proceedings.
• You did not give the statement under oath.
• An analogous opportunity to obtain statements from the defendant was not afforded to you and your attorney.
• The statement was obtained before the full documentation of the injuries you suffered due to the accident.

The insurance carrier will do all in its power to prevent you from getting the settlement that you deserve. To determine how to best fight for your rights, call experienced Orange County auto accident attorney Samer Habbas at (888) 848-5084.

In a personal injury case, any injury suffered after the original car accident could harm not only you, but your eventual settlement.

Suppose you have sustained certain injuries due to an accident but then suffer another accident where your injuries are aggravated. After the second incident, it would be difficult for your treating physician to differentiate between what problems were caused by the initial accident and what ones were caused by the following one. The insurance company could reduce the value of your settlement by claiming that most of your injuries were based on the subsequent incident.

Even if a new accident causes no additional injury or aggravation, a defense lawyer working against you may argue that the second accident caused the original injury.

The best way to protect yourself against this possibility is to document your initial injury thoroughly. Just in case this happens, make sure that you have medical records that detail the specifics of your injury, including type, area, and severity, as well as the fact that you are not complaining about any unmentioned part of your body.

If you do find yourself in a situation where you have been injured in a car accident and then suffer from a new injury, documenting the differences between the effects of each incident will ensure that the new incident will not be used against you. This can be done by finding witnesses who can discuss the differences between your prior and your new condition, obtaining medical records showing no prior complaints about the part of your body that is newly injured, and securing testimony from your treating doctor or doctors that details how each incident had a separate effect on you.

Without legal help, you may not be fully compensated for the damage, inconvenience, and loss caused by traffic accidents. If you have been injured as a result of a car crash, get a free consultation from experienced Orange County auto accident attorney Samer Habbas by calling (888) 848-5084.

What if the person or persons responsible for the accident that caused my injury do not tell the truth?

Very rarely does the account of the claimant match that of the tortfeasor. Orange County car accident attorneys have experience with cases where the tortfeasor was not truthful about the incident. Even in instances where there clearly was negligence or wrong doing, it is human nature for people to deny liability, fault, or blame either due to self-deception or the wish to avoid the consequences of admitting guilt.

What if the tortfeasor’s false account is believed instead of the true one?

Unfortunately, in some cases, the statements of the insured party or a witness on behalf of the insured party will be believed by the insurance company, leading to a denial of your claim and eliminating the possibility of settling. If your case cannot be settled, then it will proceed to the litigation stage by the filing of a lawsuit. Some cases, though not the majority, go all the way to trial.

What happens if my claim becomes a lawsuit?

Your Orange County auto accident lawyer will carefully examine the facts of your case to see if there is anything (laws, witnesses, facts, evidence) that supports the reality of how the accident happened. Most of the time, the truth eventually is revealed and the claim will be settled.

Should I contact or respond to the contact of the tortfeasor?

You should never correspond with the person or persons responsible for your accident. Because even the most harmless-seeming statement could easily be misinterpreted or used against you, such communication could jeopardize the settlement or decision regarding your case.

If you have been injured in a car accident, compensation for your injuries may be available. Please call Orange County auto accident attorney Samer Habbas for a free case evaluation.