Orange County Personal Injury Attorneys
A car crash, a slip-and-fall, or a construction injury can put you out of work for months. Rather than pay for someone else’s mistake, let us file a lawsuit and ask for fair compensation for you.
If Another Person Was to Blame for Your Accident, Call Us
A serious injury can have a life-altering impact on you and your entire family. You may end up suffering from severe pain, facing mounting medical bills, and missing a significant amount of work. But what if the injury wasn’t your fault? What if it was due to the wrongful act of another person? Why should you be stuck with these financial losses? That’s where the skilled legal team at Allen, Flatt, Ballidis & Leslie can help you.
For more than four decades, our experienced attorneys have helped Southern California injury victims and their families recover money so that they can concentrate on healing and moving on with their lives. If you or a loved one has been injured because of the negligence of another party, contact our Newport Beach office for a free consultation by calling (949) 752-7474 today.
What Is Negligence?
In the simplest terms, negligence can be described as the failure to exercise the care toward others that a reasonable person WOULD exercise under the same circumstances. For instance, a reasonable person would not endanger the safety of others by texting while driving, driving recklessly, or driving under the influence of drugs or alcohol. The same could be said about a person who allows an unsafe condition to exist on their property, such as not putting a fence around the pool in their backyard in a neighborhood full of children. That is certainly not the kind of chance a reasonable person would take.
Negligence is not limited to individuals. A company that sells a product that has been inadequately tested and ends up injuring a consumer is also guilty of negligence. All of these examples illustrate what is legally termed a “breach of duty of care.”
California’s Comparative Negligence Law
Sometimes, both parties involved in an accident may share some of the fault. Suppose you are driving toward a four-way intersection when a car approaching from a perpendicular angle runs a red light. You see the car and hit your brakes, but you are unable to stop in time. In such a scenario, it’s clear that the other driver carries a majority of the fault for the collision. However, an investigation may find that you were speeding and that your tires were almost completely bald at the time of the crash. A jury may determine that you were 20% at fault for the accident, because had you not been speeding and had your tires been in decent condition, you would have been able to stop in time and avoid the collision.
California practices what is called “comparative negligence,” also referred to as “comparative fault.” This means that the injured person can still seek compensation for his losses, even if he was partly responsible for those losses. In the case above, you were found to be 20% responsible for the accident, and the other driver was deemed to be 80% at fault. If the total cost of your injuries and property loss was $100,000, you would only be able to collect $80,000 ($100,000 minus 20% equals $80,000).
A few states practice what is called “contributory negligence,” which means that if a person is even 1% at fault, he can collect no compensation at all. Fortunately, California is a comparative negligence state.
Compensation in a Personal Injury Claim
Depending on the severity of your injuries and the impact they have on your life, you may seek compensation for any of the following damages from the liable party and insurance company:
- Present and future medical bills related to your injuries.
- Pain and suffering.
- Scarring and disfigurement.
- Loss of a limb.
- Permanent injury or disability.
- Physical therapy and rehabilitation.
- Mental anguish and emotional trauma.
- Lost wages.
- Loss of career or earning capacity.
- Household and vehicle modifications to accommodate your injuries (wheelchair ramps and lifts, etc.).
- Hedonic damages for loss of enjoyment of life.
- Punitive damages, if the liable party’s misconduct went beyond mere negligence.
- And more.
In a personal injury claim, you won’t be dealing with the liable party directly. You’ll be dealing with his or her insurance company. Insurance companies are in the business of making money, and they employ lawyers whose job is to deny or diminish claims against their clients. Our personal injury lawyers at Allen, Flatt, Ballidis & Leslie have successfully represented many Orange County victims over the last 40-plus years, and won them substantial settlements and verdicts.
Let us put that experience behind your claim, so that you can get the compensation you deserve. Call our Newport Beach office for a free case evaluation at (949) 752-7474. We handle cases on a contingency basis, which means you pay no upfront costs or fees. We only get paid if we win your case.
DISCLAIMER. The information on this site is not, nor is it intended to be, legal advice. You should formally consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Please be advised, however, contacting us, submitting a case to us, and/or discussing your case with us does NOT create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.