California Personal Injury Blog

One of the most common questions an Orange County car accident lawyer is asked by clients is, “When will the trial take place?” However, due to the variety of factors that can impact when your case approaches the trial stage, this question cannot be answered. Among the factors that can affect when your case reaches trial are:

* The number of judges available to hear trials.
* Other trials the lawyers in the case may have pending in other areas.
* The amount of cases that have yet to reach the trial stage.
* The format of the trial calendar. (For instance, some trial calendars may have what is known as a “trailing docket,” and criminal trials may or may not have priority depending on the trial calendar.)
* The completion of all discovery procedures, including depositions and interrogatories, by both sides.
* Various other possible factors.

In some states, a case can reach trial a year or less after the initial suit has been filed; however, in some jurisdictions this process can take several years. Regardless, an Orange County car accident lawyer should be able to inform you when your case reaches the trial stage.

Another common question clients have is, “How much notice will I get before trial?” Although you will likely receive ample notice to prepare for trial, in some jurisdictions you may have to “get ready” multiple times before your case actually reaches trial. In some areas, court will schedule many cases for trial, but only a few reach the trial stage. An Orange County car accident lawyer will clarify this process for you.

If you have been injured in a car accident and require the services of an Orange County car accident lawyer, please contact Samer Habbas at (888) 848-5084 for a free evaluation of your case.

After the completion of all of the necessary investigation and research, your Orange County auto accident attorney will stay in contact with you in order to receive updates on your progress towards recovery. Ensuring that you communicate with your lawyer throughout the process will not only strengthen your case, it will keep you updated on the status of your claim.

Most people who pursue personal injury cases related to car accidents hope to end with a settlement. In order to settle, you will need to decide what an acceptable range of settlement is for you. Your Orange County car accident lawyer will then send a letter of demand to the insurance company.

The letter of demand is a formal expression of the intent to initiate settlement discussions. In addition, it summarizes the most significant parts of your claim. After receiving the letter of demand, the insurance carrier’s claims adjuster will secure the authority to settle by meeting with appropriate supervisors. The adjuster will respond to the letter after reaching the authorized final figure. Your Orange County car accident attorney and the insurance adjuster will then negotiate until they reach an agreement.

Some factors that can affect the amount of time it takes to complete negotiations include how many cases are handled by the insurance adjuster and the nature of the insurance company. Written correspondence, telephone communication, and office conferences are sometimes all that is needed to complete a settlement agreement.  An experienced Orange County car accident attorney can help you to reach a settlement with the insurance company more quickly. Please call (888) 848-5084 to schedule a free consultation with Samer Habbas.

If you’re been injured in a car accident and are contemplating filing a lawsuit, you should first get a general idea of the elements you need to prove in order to win your case.

Proving negligence.

The general theory to use in a car accident lawsuit is negligence. Your Orange County auto accident lawyer will have to prove that the defendant was negligent by establishing all of the following elements:

1. Duty. When a driver gets behind the wheel and operates a vehicle, a duty of care to anyone within a reasonably foreseeable distance (including pedestrians, passengers, and other drivers) arises. There can also be a duty of care if someone (such as an employer) is responsible for the acts of another.
2. Breach. The defendant breaches his duty of care when he fails to act as a “reasonably prudent person under similar circumstances” would.
3. Causation. The defendant’s breach of his duty caused your injuries. That is, you wouldn’t have been injured if it hadn’t been for the defendant’s breach of duty.
4. Damages. You suffered damages as a result. This usually consists of: (a) past and future medical expenses; (b) past and future pain and suffering; and/or (c) past and future disability, such as lost wages or income.

There may be more than one possible defendant at fault.

You should consider all the possible defendants in your lawsuit, including:

(1)   The defendant’s employer, if the defendant driver was working during the accident;

(2)   A private company, if one of the traffic signs malfunctioned and if the private company (instead of the city) was in charge of maintaining the signals.

(3)   A contractor, if it didn’t do its work properly in constructing roadwork.

(4)   Someone who obstructed drivers’ views, such as by double parking.

(5)   The car manufacturer, if there were any manufacturing defects in the car that caused the accident.

(6)   The person or business that provided the defendant with alcohol, if the defendant was drunk driving at the time of the accident.

Your Orange County auto accident lawyer may also consider filing a claim under your uninsured motorist insurance policy if either: (a) you were in a hit-and-run accident, or (b) the defendant doesn’t have enough liability insurance to cover your costs.

If you’ve been injured in an automobile accident, experienced Orange County auto accident lawyer Samer Habbas can help you. Simply contact me by filling out the form on this page for a free initial consultation.