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Orange County Car Accident Attorneys Serving Orange County Communities and all of Southern California
Serving All of California
Why Choose Aitken Aitken Cohn for your Orange County Car Accident?
Motor vehicle litigation applies to all types of accidents such as automobiles, trucks, motorcycles, and bicycles that operate on our streets and highways. Motor vehicle litigation can extend further than the basic car crash. This type of litigation may involve liability on the part of vehicle manufacturers, distributors, retailers, and other suppliers for defects in the vehicle itself. Motor vehicle litigation may also involve an action against governmental entities for the design, maintenance, and unsafe condition of our roadways.
Because of the many potential causes of car accidents and the possible parties involved, these cases can often be significantly more complicated than one may imagine. Most cases involve more than simply filing an insurance claim and receiving a check. Instead, injured car accident victims may encounter many roadblocks and challenges to recovering compensation for their losses, which only compounds the stress of dealing with a serious injury.
If you or a family member sustained injuries in any type of motor vehicle accident, allow the experienced Santa Ana car accident lawyers of Aitken * Aitken * Cohn to help you. We do not shy away from complex claims and help clients recover just compensation for losses and injuries incurred in car crashes. Please contact our office for a free consultation with our Orange County personal injury lawyers and to learn more today.
What To Do After a Car Crash in Orange County?
Many people have never been seriously injured in a motor vehicle accident before, so it is only natural that they may be unsure of what to do. The following are some important steps following a car accident:
Getting medical help – After a collision, it is essential that you get the medical attention you need, whether this means taking an ambulance ride or taking yourself to the emergency room. A medical professional can diagnose the injuries you suffered, creating a record that can help prove the extent of your injuries. In addition, a timely diagnosis can ensure you get the treatment you need to make as quick a recovery as possible.
Contacting an attorney – Once your injuries are stabilized, you should contact a skilled car accident law firm as soon as you are able. Our attorneys can listen to what happened, conduct an investigation when needed, and help you determine what your rights and options may be. If you have a claim, our attorneys can then handle all aspects of the case so you do not have to worry about it.
Filing an insurance claim – Often, the first step for your attorney is to file a claim against the insurance company of the negligent driver or company. Insurance companies can be notoriously difficult when it comes to handling injury claims. They can fight against liability, challenge your injuries and losses, delay any payouts, and try to offer amounts that are grossly inadequate to cover your losses. We know how to handle insurance companies to recover the compensation justice requires for our clients.
Filing a personal injury claim in court – If an insurance claim is not sufficient to cover your losses, an attorney can file a personal injury lawsuit in California civil court. The litigation process involves many phases, including pleadings, discovery, settlement negotiations, and even a jury trial in some cases. You always want a highly experienced litigator on your side in case your claim needs to be taken to court.
What are Recoverable Damages for Car Accidents in California?
When someone suffers serious injuries in a motor vehicle accident, they can incur a significant amount of losses – both financial and non-economic. Some examples of recoverable damages in a car accident case include:
Medical expenses – Your medical costs will, of course, vary depending on the severity of your injury and the treatment needed. Some common expenses include ambulance transport, emergency care, hospitalization or time in the ICU, surgical procedures, physical therapy, medication, medical equipment, and more. If you will need medical care in the future, those costs should also be recoverable as future damages.
Lost income – When you are seriously injured, you often cannot work. You may need to be hospitalized or may need to rest on doctor’s orders. In addition, your injury may keep you from performing your job, such as a back injury preventing you from walking or doing any heavy lifting. You can lose income for every hour of work missed. Accident victims with disabilities may have to find a lower-paying job due to their impairments or may not be able to return to work at all. As a result, future lost earning power is also compensable.
Noneconomic damages – Some damages are not tied to bills or financial losses. Instead, these damages are for intangible losses that can be difficult to measure. These include physical pain and suffering, emotional trauma, loss of enjoyment of life, and the trauma of permanent disfigurement or disabilities.
How Can A Car Accident Lawyer Help You Seek Compensation?
In order to know whether you can seek damages following a collision, you must determine whether someone else was at fault in the accident. In legal terms, you must prove that someone else acted negligently and, therefore, caused your injuries.
A person who negligently operates a vehicle is liable for any damages caused by that carelessness. Operators of vehicles must use “reasonable care under the circumstances.” Generally speaking, reasonable care on the road means following all traffic and safety laws, staying alert, and driving in a manner that will keep others reasonably safe. This standard of care can change based on the conditions at hand. For example, a person traveling the speed limit of 55 miles per hour may be within the confines of the law, but it may not be a reasonable speed in heavy rain, dense fog, or heavy traffic. Therefore, whether a person exercised reasonable care is closely examined on a case-by-case basis under the particular circumstances of each case.
If someone else’s failure to use reasonable care causes an accident, anyone injured as a result may bring an action for damages. A lawsuit may be brought by:
A driver who was injured by another driver
A pedestrian on the sidewalk
A passenger in an automobile
A bicyclist or motorcyclist
If you suspect someone acted negligently, you must identify and prove what actions or inactions caused the crash. Often, this requires extensive investigation, which may include interviewing witnesses, examining police reports, and even enlisting the help of an accident reconstruction specialist. You should seek help from a law firm that has the knowledge and resources to sufficiently investigate the cause of your crash to identify any liable parties.
Often, a driver will be liable due to negligence or carelessness behind the wheel. The following are only some causes of car accidents that can lead to a legal claim:
Drunk or drugged driving
Following too closely
Dangerous lane changes
Failing to yield when necessary
Violating other traffic laws
Driving too fast for conditions
Driving with a serious health issue
Any of these risky driving behaviors can lead to devastating accidents, injuries, and fatalities.
Car accidents often are caused by factors in addition to the carelessness or recklessness of drivers. Automobile accidents may also result from:
A defect in the automobile. In these cases, the automobile manufacturer or supplier may be responsible for the injuries caused by the law of product liability.
A repair person. As such, the person who improperly repaired the automobile, resulting in an injury, may also be liable.
An intoxicated driver. In such instances, a bar or social host may be liable for serving an obviously intoxicated minor guest who then drives and causes injury.
When a case involves a party other than a driver, proving negligence can become more complicated. For example, if a part of a car malfunctions due to a defect, you will need an automotive expert to identify the issue and give their opinion that the part was inherently defective. Then, your claim will likely be against a large corporate manufacturer, which will have a legal team and insurance providers ready to defend against the claim. In such cases, you should be represented by a law firm that is not hesitant to take on large companies in insurance claims or in court.
No question about it, this firm is 100 percent reliable and trustworthy. I felt very comfortable about continuing my case with this firm based on the first impression they gave me: professional.
Extremely competent and really cared about our family.
The law firm provided us complete guidance and direction in our legal matter, but at the same time, they didn’t make our decisions for us. It sure was nice to have confidence in knowing we were going to be taken care of.
Andrea and Larry W.
This firm has a great reputation, even amongst other lawyers.
I was referred to by a lawyer friend and had Richard Cohn as my attorney. He was personable and compassionate, and took his time explaining everything to me. His assistant was also very personable and easy to contact.
Understanding Implicit Bias & the Misguided Attack on DEI
Demonizing DEI (Diversity, Equity & Inclusion) programs seem to be the political rallying cry du jour. Most recently, social media was flooded with suggestions that DEI initiatives somehow contributed to
$1,100,000 Settlement for Auto Collision Injury with Pre-existing Condition
Case Name: Ash vs. Andrea Jo Lombardi Case Number: 30-2020-01162108-CU-PA-CJC Court: Orange County Superior Court Final Result: $1,100,000 Result Date: November 2022 AAC ATTORNEYS: Chris Aitken CASE DESCRIPTION: Attorney Chris
$1.3 Million Settlement Dangerous Condition of Public Property
Case Name: Barioni vs. State of California Case Number: 37-2015-00033388 Court: San Diego Superior Court Final Result: $1,300,000 Result Date: March 2022 AAC ATTORNEYS: Wylie Aitken Megan Demshki CASE DESCRIPTION:
$3.5 Million Settlement in Medical Malpractice Case
Case Name: Astrup v UC Irvine Medical Center Case Number: 30-2020-01152914 CUMMNTC Court: Orange County Superior Court Final Result: $3,500,000 Result Date: December 2022 AAC ATTORNEYS: Richard Cohn CASE DESCRIPTION:
$4.25 Million Settlement in Products Liability & Medical Malpractice Lawsuit
Case Name: Marissa G. v. Doe Doctor and Doe Product Manufacturer Case Number: 19STCV23729 Court: Los Angeles County Superior Court Final Result: $4,250,000 Result Date: February 2023 AAC ATTORNEYS: Richard
Over the years, we have recovered billions of dollars in damages for our clients, helping them to receive the compensation they deserve for their injuries and losses.
We understand that a personal injury or the wrongful death of a loved one is a traumatic and devastating experience. We take the time to listen to our clients' stories, understand their needs and goals, and offer support throughout the legal process.
Whether in the negotiation room or in front of a judge and jury, our trial attorneys are tenacious advocates for justice, always working tirelessly to achieve the best possible result. With our team on your side, you can trust that your case is in good hands.
Unless We Win
We believe everyone should have access to quality legal representation, regardless of their financial situation. That's why there are no costs to incur unless we win your case. That way, you can focus on your recovery while we take care of the legal process.
An experienced lawyer will thoroughly understand the legal system and know how to effectively negotiate and litigate a case to secure the compensation you deserve. Don't leave your future to chance - choose an experienced personal injury trial lawyer to increase your chances of a favorable outcome.
With a track record of high-stakes wins and a reputation for providing personalized attention and strategic guidance, our legal team has earned awards, accolades, and recognition from industry peers and satisfied clients.
Our trustworthy attorneys will provide sound guidance, protect your rights, and advocate for your interests. When facing a complex lawsuit, having a dependable legal professional by your side gives you peace of mind and the confidence to navigate the legal system successfully.
Client satisfaction is our top priority. We understand that encountering the legal system can be overwhelming, which is why we treat every one of our clients like family. With our team on your side, you can trust that your case is in good hands.
Our law firm is proud to have a stellar reputation for excellence in the legal community. With years of experience and a commitment to providing top-notch legal services, we have earned the respect of judges, lawyers, and clients alike.
Every client deserves the highest level of representation. That's why we have amassed unparalleled resources to take on even the most formidable opponents, including corporate giants, public entities, and deep-pocket defendants.
We want to listen and offer solutions within our power to help.
Our Primary Focus is You, the Client
Aitken Aitken * Cohn is nationally recognized for its success in the courtroom – but we’re most proud of our client-focused approach. From the free initial consultation to the final court proceedings, our case strategies are entirely informed by your needs. Our car accident lawyers in Orange County strive to maintain regular, consistent communication to ensure that we are as transparent as possible regarding case status, investigations, or any other legal decisions we make along the way.
Additionally, we understand just how financially devastating a motor vehicle accident injury can be for you and your loved ones. That’s why we represent your interests on a contingency fee basis – you don’t pay any initial fees, and there are no upfront costs. If our injury lawyers don’t secure a favorable settlement or verdict on your behalf, your total legal costs are zero.
Darren has been recognized and awarded consistently throughout his career for his professional accomplishments and was named the Orange County Trial Lawyers “Top Gun–Personal Injury Lawyer of the Year” in… read more
Chris graduated from the University of California, Los Angeles with a Bachelor of Arts Degree and Political Science Major. He obtaines his Juris Doctorate Degree from the University of Southern… read more
Megan received departmental honors in both Political Science and Peace Studies. Megan served as Chapman University’s Student Body President from 2012-2013. As Chapman University Student Body President, Megan worked to… read more
Motor vehicle accidents are all too common in California. Statistics reported by the California Highway Patrol regarding reported crashes in 2015 include:
3,435 people died in 3,168 fatal accidents
254,561 people sustained injuries in 178,669 injury accidents
1,813 people killed were driving cars
613 passengers were killed
494 fatalities were motorcyclists
154 fatalities were bicyclists
855 fatalities were pedestrians
As these numbers show, motor vehicle accidents tragically affect over a quarter-million Californians annually. Whether you are driving, riding in a car, riding a motorcycle or bicycle, or simply crossing the street, you face the risk of being involved in an accident with life-threatening injuries.
Common Injuries From Auto Collisions
Crash victims can sustain devastating injuries. This is especially true if a smaller car collides with a large commercial truck, or if a motor vehicle hits a pedestrian or cyclist who has no protection from the impact. Serious motor vehicle accident injuries that can disrupt a victim’s life include:
Spinal cord injury – When there is any direct trauma to the spine, or if the spine is twisted or wrenched in an unusual way, the delicate spinal cord can be damaged. This can cut off communication between the spinal cord nerves and parts of the body below the point of the injury. In some cases, spinal cord injury victims can suffer paralysis, causing them to lose all movement and sensation in any affected limbs. Spinal cord injuries can also cause problems with bladder, bowel, sexual, and respiratory functioning. Needless to say, spinal cord injury victims require extensive medical treatment and can be left with permanent disabilities.
Traumatic brain injury (TBI) – A TBI is another common injury in car collisions because victims often hit their heads or suffer a violent jolt of their heads. This can cause the brain to rattle in the skull, causing damage to brain tissue. TBI victims can experience widely varying symptoms depending on what part of their brain was injured. Brain injuries can disrupt your cognitive functioning, making it difficult to process information or communicate your thoughts. It can also cause physical impairments involving balance, coordination, and speech. Finally, some brain injury victims experience personality changes and emotional and behavioral issues. While some TBI victims recover with time, for many, it can take months or years before symptoms resolve. Others may have permanent impairments as a result of their injury.
Broken bones – Many people have broken a bone at some point in their lives. All broken bones require medical attention, otherwise, permanent complications may occur, including disfigurement of the bone and nerve damage. Broken bones usually require a victim to refrain from using that part of the body for weeks or months until it heals. More serious broken bones may involve compound fractures that require surgical intervention. Doctors may need to insert hardware to hold the bone in place while it heals, and the recovery time can be much longer. Sometimes, a second surgery may be needed to remove the hardware, while others live the rest of their lives with screws, pins, or rods in place. Serious breaks may permanently impact the use of that body part.
Soft tissue injuries – Soft tissue injuries affect the muscles, ligaments, and tendons and are common in the neck, back, knees, shoulders, and other joints. Motor vehicle accidents can cause people to twist in unordinary ways, which can cause a sprain or strain to the soft tissue. Some accidents can cause the soft tissue to tear partially or completely, which may require surgical repair. Recovery from these injuries can be long and requires significant rehabilitative therapy, though victims still may not ever return to their previous abilities and activities.
Amputations – Some crashes may completely crush a victim’s limb to an unrepairable degree or even sever the limb so it cannot be reattached. This can be common in motorcycle, bicycle, and pedestrian accidents, as limbs can be pinned under vehicles and crushed to the degree that they require amputation. Having any part of the body amputated will completely change a person’s life. They will need to relearn how to engage in daily activities without a limb or with a costly prosthesis. Amputations can be painful and can also be extremely emotionally traumatic.
Internal injuries – Not all traumatic injuries are visible from the outside. Car accidents can result in serious internal trauma, which can often be life-threatening. Punctured lungs, broken ribs, internal hemorrhaging, and organ damage all require emergency trauma care to stabilize a victim. Victims with internal injuries often need emergency surgery and an extended hospital stay. The recovery period can be long for this type of injury.
These types of injuries are considered “catastrophic” because they result in lasting impairments or disabilities. Injuries that affect the brain or spine can have a particularly severe effect on a victim’s life, as these injuries can affect many different systems of the body and abilities. The costs of living with a permanent disability can be astronomical.
Whether you break your wrist or sustain a life-changing injury, you will incur medical expenses and other losses. If someone else caused your accident, you may have the right to seek damages and have the liable party compensate you for all that you have lost. You should discuss your situation with our experienced Orange County car accident attorney as soon as possible.
Contact an Orange County Car Accident Lawyer
In one recent example, for instance, a 20-year-old college student was rendered a quadriplegic in an automobile accident in Orange County. For six years, it was believed that the college student was the driver of the vehicle which caused the car accident. This was alleged both by the insurance carrier and the Defendant, who was also in the vehicle. Through skillful investigation and expert testimony, Aitken * Aitken * Cohn proved that the passenger was actually the driver at the time of the accident. After three weeks of trial, the jury awarded the plaintiff $6,868,494 in damages.
Aitken*Aitken*Cohn, located in Orange County, California, has obtained exceptional results through its professional and aggressive representation of clients who have suffered injuries in auto accidents. For more information regarding some recent results in the area of motor vehicle litigation, click on any of the following links:
Three Million Dollar Settlement Above Policy Limits in Bicycle vs. Auto Accident A thirteen-year-old boy was riding his bicycle down a street when the defendant’s vehicle entered the bike lane striking the plaintiff. As a result of the plaintiff’s severe injuries, he brought suit against the defendant. The defendant’s insurance refused to pay out policy limits on the claim resulting in a suit for Insurance Bad Faith.