Best Accidents & Injuries Lawyers in Fullerton
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United States Accidents & Injuries Legal Articles
Browse our 1 legal article about Accidents & Injuries in United States written by expert lawyers.
- What to Do After a Serious Car Accident in the US: A Legal Step-by-Step Guide
- Call 911, get medical help, and do not admit fault. Photograph the scene, vehicles, and your injuries, and get witness names and the officer's report number. Report the crash to your insurer quickly. In no-fault states, PIP deadlines are short (e.g., Florida requires initial treatment within 14 days; New York... Read more →
About Accidents & Injuries Law in Fullerton, United States
Accidents and injuries law in Fullerton focuses on personal injury claims arising from car accidents, slips and falls, premises liability, dog bites, product liability, and wrongful death. In California, victims must show negligence, causation, and damages to recover compensation. Insurance claims and civil lawsuits are common routes to pursue these remedies.
In California, you typically must file a claim within a limited period, and liability is often shared through comparative fault rules. A careful evaluation of the facts and medical records is essential to determine potential damages, including medical bills, lost wages, and pain and suffering. For residents of Fullerton, engaging a local attorney can help navigate county and state rules that apply to your case.
In California, the statute of limitations for personal injury claims is two years from the date of injury.
Source: California Legislative Information - CCP 335.1
Why You May Need a Lawyer
- Car crash in Fullerton with serious injuries. An attorney helps document crash details, preserve evidence, and negotiate with insurance companies to pursue full medical coverage and lost wages. Without legal help, settlements may undervalue long-term injuries.
- Hit and run on a Fullerton street or freeway. If the at-fault driver leaves the scene, you may rely on your own insurance, underinsured motorist coverage, and a lawyer to pursue a proper claim and possible criminal investigation support.
- Premises liability at a Fullerton store or apartment complex. If a fall occurs due to unsafe conditions, a lawyer can assess duty of care, collect surveillance footage, and determine liability against property owners or managers.
- Injuries from a commercial truck or motorcycle crash near Fullerton. Large vehicles raise complicated liability theories and insurance coverage questions that benefit from experienced negotiation and trial preparation.
- Product liability after an injury in a local retailer. If a defective product caused harm, a lawyer helps prove design or manufacturing defects and coordinates with manufacturers and insurers for compensation.
Local Laws Overview
California Code of Civil Procedure § 335.1 - Statute of limitations for personal injury
The California statute of limitations for personal injury claims is two years from the date of injury. This deadline applies to most accidents in Fullerton and across the state. Missing the deadline can bar your right to sue, so early consultation is important. Source
Two-year limit starts when you knew or should have known about the injury, with some exceptions for minors or special situations.
Source: California Legislative Information - CCP 335.1
California Civil Code § 1431.2 - Comparative fault
California uses comparative fault to assign responsibility for damages among all liable parties. Your recovery may be reduced in proportion to your own fault, but you can still recover if you are less than fully at fault. This concept is central to many Fullerton personal injury cases. Source
California follows a pure comparative negligence framework, allowing recovery even with some fault by the plaintiff.
Source: California Legislative Information - Civ 1431.2
California Vehicle Code § 20001 - Hit and run injury or death
VC § 20001 makes it a felony to leave the scene after injuring someone. This law guides both criminal and civil actions that can support a victim’s claim for damages. If you are involved in a hit and run in Fullerton, preserve evidence and contact law enforcement promptly. Source
Hit and run injuries require immediate reporting and documentation for civil claims.
Source: California Legislative Information - VC 20001
Frequently Asked Questions
What is the statute of limitations for a personal injury in Fullerton?
The standard period is two years from the injury date under CCP 335.1. Some exceptions apply for minors or disability but you should consult an attorney promptly to protect the deadline.
How do I start a personal injury claim in California?
Begin with a free consultation to evaluate liability and damages. Your attorney will gather records, insurance information, and medical reports, then draft a demand letter or file a complaint as needed.
What is the difference between liability and negligence in an accident claim?
Negligence is the failure to exercise reasonable care, causing injury. Liability assigns responsibility for damages to the party at fault, often based on their negligence.
How much does a personal injury lawyer cost in Fullerton?
Most California personal injury lawyers work on a contingency fee, typically 33-40 percent of the recovery. If you lose the case, you usually owe nothing for attorney fees.
Do I need to hire a lawyer for a minor slip and fall incident?
Even minor injuries can lead to significant medical bills and complicated claims. A lawyer helps preserve evidence and maximize settlement offers from insurers.
Is there a deadline to file a lawsuit after an accident in Fullerton?
Yes, the general deadline is two years from the injury date for most cases under CCP 335.1. Some claims against government entities have shorter notice periods noted in law.
What evidence should I gather after a car crash in Fullerton?
Collect photos of vehicle damage, injuries, and scene conditions; obtain police reports and witness statements; keep medical records and receipts for expenses.
What is the process for filing an insurance claim after an accident in Fullerton?
Notify your insurer promptly, submit medical bills and proof of damages, and avoid signing releases before reviewing with a lawyer. A lawyer can negotiate with the insurer on your behalf.
Can I sue if the other driver has no insurance?
Yes, you may pursue options such as uninsured/underinsured motorist coverage and your own bodily injury protection, depending on your policy. Legal counsel can guide eligibility and strategy.
What is comparative negligence and how does it affect my claim?
Under Civ 1431.2, damages are allocated by fault. If you are partly at fault, your recovery is reduced proportionally, but not eliminated in most cases.
What happens if I sign a release with an insurer too early?
Signing early can forfeit future rights to additional compensation. A lawyer should review any settlement before you sign.
Additional Resources
- California Department of Motor Vehicles (DMV) - Provides accident reporting guidance, driver compliance, and safety information for California residents. https://dmv.ca.gov/portal/
- California Office of Traffic Safety (OTS) - Supports traffic safety programs and resources across the state. https://ots.ca.gov/
- California Courts Self-Help Center - Official guidance on civil procedures, filings, and pro se resources in California state courts. https://www.courts.ca.gov/selfhelp.htm
Blockquote source example: California statute updates and official guidance can be found on government sites listed above.
Next Steps
- Collect basic information within 24 hours of the incident, including date, time, location, and witnesses. This accelerates evidence preservation and early assessment.
- Consult a Fullerton personal injury attorney within 1-2 weeks to review liability, damages, and deadlines. Many law firms offer a free initial consultation.
- Gather all medical records, bills, and insurance correspondence related to the injuries. This helps quantify damages for settlements or trial.
- Obtain the police report and any available surveillance or witness statements. Your attorney can help request missing footage if needed.
- Submit a written demand letter through your attorney to the at-fault party or insurer within 1-2 months after treatment begins to set expectations for settlement.
- Evaluate settlement offers with your lawyer; avoid signing releases until you understand all present and future medical needs. Settlement timing may vary by case complexity.
- Decide with your attorney whether to pursue a settlement or file a civil lawsuit; most cases settle before trial, but complex injuries may require litigation. Timeline depends on court schedules and case specifics.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.
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