Newport Beach

Injury Lawyers Assisting Newport Beach Residents

Newport Beach is a seaside city located in Orange County, California with a population of about 85,000 residents. It is one of the most affluent cities in the United States. The area offers a number of attractions, including the Newport Harbor Yacht Club, the Balboa Pier, the Newport Beach Boardwalk, and the Orange County Museum of Art. Even in this scenically stunning and culturally vibrant community, however, accidents can happen. At the Neumann Law Group, our Newport Beach injury attorneys have the knowledge and experience to represent you if you have been hurt by someone else’s carelessness. We handle all types of personal injury cases, including claims related to car crashes, pedestrian accidents, nursing home negligence, premises liability, product liability, wrongful death, and medical malpractice.

Seeking Compensation Through a Negligence Claim in California

When you have been involved in an avoidable accident, you can typically file a negligence claim against the at-fault party. Negligence occurs when one party fails to use the appropriate degree of care, causing an injury to someone else as a result. Ordinary care refers to the level of caution that a reasonably prudent person would use in the same or similar circumstances. To establish a case for negligence, the plaintiff must show the following elements:

• The defendant owed the plaintiff a duty of care;
• The duty owed by the defendant was breached in some way;
• The defendant’s breach was a direct and foreseeable cause of the injury; and
• The plaintiff suffered damages.

For example, a driver who strikes a pedestrian because of texting and driving will likely be considered negligent and will be liable for the pedestrian’s resulting harm. This is because a driver using ordinary care would not text and drive, understanding that it is a distraction that poses a risk to the safety of others on the road.

Once negligence is established, financial compensation likely will be available for your damages. Often, an injured person will be able to pursue compensation for medical expenses, lost income, hospital bills, the costs of future treatment, any property damage, pain and suffering, and emotional distress, among other examples.

Determining fault is often a nuanced process. In California, the legal framework mandates the use of the comparative fault doctrine for allocating responsibility among involved parties. According to this doctrine, damages are diminished if the plaintiff is found to share responsibility for an accident. To illustrate, if you are determined to be 10 percent at fault for a car accident , your overall award would undergo a corresponding reduction. Despite this, you still retain the potential to seek compensation for 90 percent of your incurred costs and losses.

Unlike Many other states, California is a pure comparative negligence state, where state courts permit injured parties to pursue damages even if they bear 99% of the fault for an accident. Notably, California does not impose a cap on the degree of fault at 50%, a departure from the approach in states adhering to the modified comparative negligence doctrine. California’s fault allocation is significant because it allows someone who is mostly at fault in an accident to collect damages from the other party who is less at fault, which can be important in cases with a disproportionate amount of damages between injured parties.

Like other states, California limits the time frame within which a plaintiff can file a personal injury claim, known as the statute of limitations. Typically, a personal injury lawsuit must be filed within two years of the date of the accident, but a medical malpractice claim may be filed within three years of the malpractice.

Contact an Injury Attorney in Newport Beach

If you have been hurt by a careless person or entity, it is important to have a knowledgeable attorney on your side to fight back against the attempts of defendants and insurance companies to escape liability. At the Neumann Law Group, our Newport Beach injury lawyers can handle claims arising from a wide range of accidents. We can explore the details of your situation and advise you on your options before guiding you through any legal action that may be appropriate. We are also available to handle matters across many communities served related to criminal defense, real estate, estate planning, family law, collections, and mediation. To set up a free appointment with a personal injury and wrongful death attorney at our firm, contact us online or call us toll-free at (800) 525-6386.