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Orange County Personal Injury Attorney

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Injuries can lead to significant pain and suffering as well as major financial setbacks. Anytime someone sustains an injury caused by the negligent or careless actions of another entity or individual, they should be able to recover compensation for their losses.

At DiMarco | Araujo | Montevideo, we are here to help if you need an Orange County personal injury attorney by your side. We will not hesitate to stand up to aggressive insurance carriers to ensure that you recover money for your medical bills, lost wages, property damage expenses, and pain and suffering losses.

Why Choose DiMarco | Araujo | Montevideo?

National Top 40 Under 40 Trial Lawyers

  • At DiMarco | Araujo | Montevideo, our Orange County personal injury attorneys have extensive experience handling complex personal injury claims, and we have a track record of success that goes back more than three decades throughout California.
  • Our team has secured numerous multimillion-dollar insurance settlements and jury verdicts on behalf of clients in Orange County, the state of California, and across the country. 
  • We treat every client with dignity and respect. Our client-centered approach means that we take the time to listen to every client’s goals and needs.

Client Testimonial ★ ★ ★ ★ ★

“Amazing from start to finish. Always in contact with us, checking in with us, and making sure things were on track. Very straight forward with how things worked, no hidden surprises. Really glad we found them – now we can close that stressful chapter of our lives!” -L.P.

Meet Our Experienced Attorneys

DAM Firm Attorney Partners

Our team at DiMarco | Araujo | Montevideo has been practicing law since 1979, deeply rooted in the communities we serve. Our team, led by partners Jess J. Araujo, John A. Montevideo, and Anthony Modarelli, is known for achieving significant settlements and verdicts for our clients. When your case is associated with our firm, it gains instant credibility and serious attention throughout California.

DiMarco | Araujo | Montevideo is AV Rated – the highest rating attorneys can have for ethical standards and legal ability voted by other lawyers and judges in the legal community. Our work injury attorneys are selected as Preeminent Lawyers by Martindale-Hubbell (less than 5% of all attorneys in the United States are selected). We have earned an A+ rating from the Better Business Bureau (BBB), the highest rating awarded to a law firm.

As evidence of our strong reputation as work injury attorneys, we are the exclusive work injury attorney recommended by OCEA Labor Union (Orange County Employees Association).

Do I Have a Personal Injury Case?

Understanding whether or not you have a personal injury case can be challenging, and we strongly suggest that you contact a skilled Orange County personal injury lawyer who has experience handling the type of claim you have.

In order for a person to successfully file a civil personal injury lawsuit and win, there are various elements of negligence that must be in place. Without going too in-depth, the basic idea is that there must have been another party involved that owed you a duty of care. This other party must have breached their duty of care through negligent or intentional actions and caused your injury.

There are various factors that make a “good” personal injury claim, meaning it is more likely to be successful. Some of these factors include incidents where liability from the injury is relatively straightforward, the injuries are obvious and severe, and the injury victim has sustained measurable losses as a result of the incident.

You do not have to worry about determining all of this on your own. When you work with a skilled personal injury attorney in Orange County, you will have an advocate with the resources necessary to examine the facts of your case and help determine the best steps moving forward.

Why Should I Hire an Orange County Personal Injury Attorney?

If you or somebody you love sustains an injury caused by another individual or entity, it is important to work with an attorney as soon as possible. An Orange County personal injury lawyer will be your advocate throughout the entire process. They will have the resources necessary to conduct a full investigation into the incident in order to gather the evidence needed to prove what happened. This will include gathering:

While investigating a personal injury incident, attorneys will also ensure that their clients are evaluated by trusted medical professionals who will not only treat the injuries but also help adequately assess total expected expenses. Using all this information, a personal injury lawyer in Orange County will stand up to aggressive insurance carriers and negotiate a fair settlement while also preparing the case for trial if necessary.

orange county injury attorney

Personal Injury Cases We Handle in Orange County

The personal injury attorneys at DiMarco | Araujo | Montevideo have experience handling a wide range of case types. This includes, but is not limited to, the following:

Car accidents

Vehicle accidents are not uncommon in Orange County. During the most recent reporting year (2021), there were nearly 18,000 individuals who sustained injuries or were killed as a result of car accidents in Orange County. It is crucial for personal injury victims to be able to recover compensation from an at-fault driver, which our Orange County car accident lawyers can help with.

Commercial truck accidents

Commercial trucks are the lifeblood of the Orange County economy, but they can also lead to severe injuries in the event a collision occurs between a larger truck and a smaller passenger vehicle. Unfortunately, standing up to aggressive insurance carriers and trucking companies can be challenging.

Pedestrian and bicycle accidents

Pedestrians and bicyclists are considered vulnerable roadway users in Orange County. During a recent reporting year, nearly 1,500 pedestrians or bicyclists were injured as a result of the actions of other drivers on the roadway. Unfortunately, these incidents often result in significant injuries for pedestrians or bicyclists.

Motorcycle accidents

Even when a motorcyclist is wearing a helmet, they can still sustain severe injuries as a result of the actions of others. Motorcyclists often face unwarranted negative biases when it comes to recovering compensation from insurance carriers and at-fault parties after an Orange County motorcycle accident.

Dog bite incidents

Dog bite injuries are common, and individuals can usually recover compensation from the dog owner’s homeowners’ insurance carrier. However, this can be complicated, and an injury attorney can work to explore all routes of compensation for medical bills and lost wages.

Defective products

Injuries from defective products can affect anyone. This includes products that we use and consume on a regular basis, such as toys, appliances, foods and beverages, medications, electronics, vehicles, and more. Companies, manufacturers, and retailers should be held accountable in these situations.

Workplace injuries

Workplace injury victims should be able to recover compensation with workers’ compensation benefits, but there are times when individuals struggle when it comes to standing up against insurance carriers. Additionally, there may be times when a third party is responsible for workplace injury, and a civil lawsuit may be necessary.

Nursing home abuse and neglect

No one should ever have to worry about their loved one being abused or neglected inside of a nursing home, but this happens more often than most people realize. According to the National Council on Aging, around one out of every ten Americans over the age of 60 experiences some form of elder abuse each year.

Premises liability incidents

Property owners have a duty to ensure the safety of their premises for those who have a right to be there. This includes private residence owners as well as business owners. When property owners fail their duty to patrons and a person sustains an injury on their property, they could be held accountable for medical bills and lost wages.

Wrongful death

If you have tragically lost a loved one due to someone else’s negligence, you have the right to file a wrongful death claim. While nothing can replace a life, our attorneys can help you understand the damages that you may be able to recover, such as funeral costs.

How is a Personal Injury Lawyer Different From Other Lawyers?

It is understandable that many individuals are confused about the difference between a personal injury lawyer and other lawyers. If you sustain an injury, it is crucial to work with an Orange County attorney who has experience handling your type of claim.

If you go through any kind of directory, you will likely notice that there are many lawyers throughout Orange County, but not all of them are personal injury attorneys. Some handle estate law or family law. Other attorneys handle criminal defense cases. However, it is probably not a good idea to have someone who deals with wills and trusts all day to handle your complex personal injury case.

We encourage you to conduct a thorough search for personal injury lawyers in Orange County to narrow down the type of attorney who can help you with your claim. Specifically, you need to find an attorney who has had experience handling your type of case. If you sustain an injury caused by the negligent actions of a commercial truck driver, you want an attorney who handles Orange County truck accident cases successfully. If you have sustained an injury as a result of a defective medication, you need a lawyer who has taken on companies and recovered compensation for clients before.

What is the Statute of Limitations in California?

It is important to understand that personal injury victims in Orange County have a limited amount of time to file these claims in court. The California personal injury statute of limitations is two years from the date an injury occurs. This means that injury victims have a two-year window with which to file a lawsuit against the alleged and negligent party.

However, if there is an insurance carrier involved in the claim, you need to be aware that there are other deadlines in place. Insurance carriers typically require a claim to be reported within a day or two after the incident occurs.

Determining Liability After a California Accident

Determining liability after a California accident can be incredibly challenging. Yes, even though there may be times when the at-fault party is known right away due to the evidence presented, that is not always the case. In fact, more often than not, the other parties involved will use their insurance carrier to shield them from liability.

It is imperative to work with a skilled Orange County personal injury lawyer who can examine the facts of the case, conduct an investigation to gather more evidence, and fully engage with the insurance carriers. There are various elements of negligence that must be present in order to determine the liable party, including:

  1. Duty of care. The first step in a successful California personal injury case is determining whether or not there was a duty of care owed by the defendant (the person alleged to have caused the injury) to the plaintiff (the injury victim). A duty of care will not look the same for every type of injury case. The “duty” will differ depending on the situation. For example, any person who gets behind the wheel of a vehicle owes a duty of care to every other driver, passenger, pedestrian, and bicyclist around them. This duty of care involved operating the vehicle safely. However, the duty of care owed by a property owner to others who have a right to be on the property is different. A property owner must regularly inspect and maintain their premises in order to ensure a safe environment.
  2. Breach of duty. After establishing that a duty of care existed between the plaintiff and defendant, and injury victim and their legal team will need to show that the defendant breached their duty of care. Again, a breach will look different depending on the type of personal injury claim at hand. For example, a driver can breach their duty of care in a number of ways, including speeding, failing to yield, operating while impaired or distracted, and more. A property owner can breach their duty of care if they fail to clean up a spill that could lead to a slip and fall incident or if they do not fix stairs that are known to be wobbly.
  3. Causation of injury. After establishing that a breach of duty did indeed occur, it must be shown that the breach is what actually caused the plaintiff’s injuries. There are situations where a breach of duty is present but does not necessarily cause a person’s injuries.
  4. Damages sustained. After showing that the breach of duty led to a person’s injuries, it will be necessary to show that the injury victim sustained monetary losses of some sort due to the incident. This can include medical bills, lost wages, pain and suffering damages, property damage expenses, and more.

California’s Shared Fault Laws

There are some cases where accusations of shared fault could come into play with a personal injury claim. Insurance carriers and at-fault parties may try to place some or all of the blame for an incident on the injury victim in order to limit how much money they pay in compensation.

However, California operates under what is called a “pure comparative negligence” system. This means that individuals can recover compensation for their injuries and other losses even if they are up to 99% responsible for causing the incident. However, the compensation that a person receives will be reduced depending on their percentage of fault. For example, if a person sustains $100,000 worth of medical bills, property damage expenses, and pain and suffering losses, but a jury decides that they were 25% responsible for the incident, they would receive $75,000 instead of the full $100,000.

What is My Personal Injury Claim Worth?

There is no set amount of compensation paid out to Orange County personal injury victims if they are successful with their insurance claim or through a civil personal injury lawsuit. Rather, the total compensation will depend on the severity of the injuries, the level of shared fault, how much compensation a person loses due to the injury, and other factors. At DiMarco | Araujo | Montevideo, we work diligently to recover both economic and non-economic losses on behalf of our clients. This can include, but is not limited to, the following:

  • Emergency medical expenses
  • All follow-up hospital or doctor visits
  • Physical therapy or rehabilitation
  • Surgical expenses
  • Prescription medications
  • Medical devices
  • Lost income
  • Out-of-pocket expenses
  • Physical pain and suffering damages
  • Emotional and psychological distress damages 
  • Property damage expenses

Personal Injury Case Timeline & Process

There are various steps that must occur in order for a personal injury claim to move forward toward a successful resolution. This process begins with an attorney getting involved and fully investigating every aspect of the case. The investigation into an incident can take some time, and this process should not be rushed. It may be necessary for an attorney to work with a skilled accident reconstruction expert to adequately show the insurance carriers or a personal injury jury what happened.

One important aspect in the timeline of a personal injury claim in Orange County is medical treatment. Not every injury is going to be healed right away. In some cases, injury victims may need months or even years of recovery time. It is imperative for an individual not to settle their claim until they have a full understanding of how much medical treatment they will need to make a recovery or to be made as whole as possible. This process could take several months, and it will usually be necessary to work with medical experts who can attest to the expenses or future expenses if the person is going to need ongoing care.

An attorney will typically send a demand letter to the at-fault party, their insurance carrier, and their legal team, asking for a specified amount. In general, the other party will usually respond with either a denial or a counteroffer that is much lower than what was originally asked for. This will give way to negotiating a settlement. In the event a fair settlement cannot be negotiated, the injury victim and their attorney will need to file a civil personal injury lawsuit against the at-fault party. This will likely lead to more negotiation as more evidence comes to light.

There are several factors that can affect the timeline of a case. A personal injury claim could take months to resolve if everything goes smoothly, but it could take multiple years before a claim is finally heard by a jury.

What to Do After Being Injured in Orange County

If you sustain an injury, there are various steps that you can take to help recover maximum compensation for your losses.

  1. Report the incident. It is crucial to report the incident immediately. Exactly who you report the injury to will depend on the situation. For example, car accident victims need to call 911 and let the dispatcher know so police can come to the scene. Workplace injury victims need to report the incident to their employer or supervisor as soon as possible. Premises liability injuries need to be reported to the property owner or manager.
  2. Medical care. Any person who sustains an injury caused by another party needs to seek medical care immediately. Not only does this establish a link between the incident and the injury, but it also ensures that the injured victim can receive medical care. Even if you do not feel much pain after an incident occurs, please know that there are hidden injuries that may take hours or days to show symptoms.
  3. Gather evidence. If you are able to do so at the scene of an incident, you can begin gathering as much evidence as possible. You can get out your cell phone and use the phone’s camera to take pictures of the scene, the injuries, the causes of the injury, the location of surveillance cameras, and more. Additionally, if there were any witnesses to the incident, get their names and contact information quickly.
  4. Report to an insurance carrier. If there is an insurance carrier involved in your case, you need to report the incident within a day or two after it occurs. Insurance carriers have strict reporting deadlines. However, do not go into much detail. Just let the insurance carrier know that an injury occurred, the names and contact information of others involved, and that you are seeking medical care for your injuries.
  5. Contact an attorney. You need to reach out to an Orange County personal injury attorney as soon as possible so they can take over investigating the incident and handling communication with other parties involved.

Orange County Civil Court Information

Civil personal injury lawsuits will be filed through the Superior Court of California, which has a location in Orange County. Your personal injury attorney will understand the process of filing a lawsuit, and they can handle this on your behalf. 

The Orange County Superior Court is located at the Civil Complex Center, 751 West Santa Ana Blvd, Santa Ana, CA 92701You can contact the Court for general inquiries by calling (657) 622-6878.

DAM firm legal team

Contact an Orange County Personal Injury Attorney Today

If you or somebody you love has sustained an injury caused by the careless or negligent actions of another individual or entity in Orange County, reach out to the team at DiMarco | Araujo | Montevideo for help as soon as possible. 

Our experienced trial lawyers will step up and investigate every aspect of your claim. Our goal was to make sure that you recover full compensation for your losses, and we have no problem taking your claimed trial if necessary. When you need an Orange County personal injury attorney, you can contact us for a free consultation by clicking here or calling us at (714) 783-2205.

Personal Injury Lawyer Near Me

Our law firm is located at 1324 N Broadway, Santa Ana, CA 92706. We proudly serve the neighborhoods of Orange County, including:

Aliso Viejo | Anaheim | Brea | Buena Park | Costa Mesa | Cypress | Dana Point | Fountain Valley | Fullerton | Garden Grove | Huntington Beach | Irvine | La Habra | La Palma | Laguna Beach | Laguna Hills | Laguna Niguel | Laguna Woods | Lake Forest | Los Alamitos | Mission Viejo | Newport Beach | Orange | Placentia | Rancho Santa Margarita | San Clemente | San Juan Capistrano | Santa Ana | Seal Beach | Stanton | Tustin | Villa Park | Westminster | Yorba Linda

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