Dana Point Personal Injury Lawyer

Personal Injury Cases We Represent

• Car Accidents – Whether you’re driving on the Pacific Coast Highway or walking down the street as a pedestrian, a car accident can alter lives in a moment and instant. Our Dana Point car accident lawyer will take the case, explore fault, and hold all responsible parties accountable.
• Motorcycle Accidents – Riders often suffer severe injuries due to the lack of protection when the unthinkable happens. Our team will hold negligent drivers liable.  Attorney Kyle Wunderli will fight tirelessly to protect your rights and obtain compensation for the severe injuries you’ve suffered.
• Slip and Falls – Everyone who owns property is responsible for ensuring the property is safe. We’ll hold those responsible and accountable for injuries caused by a slip or fall.
• Wrongful Death – The loss of a loved one in a preventable accident is one of the most devastating tragedies one can experience.

Personal Injury FAQs

How long do I have to file a personal injury claim in California? 

Under California law, a person who suffers an injury or other loss as the result of another person’s actions or inactions has two years from the date of the injury to take action and file a claim for it. However, this may be longer in some situations. For example, if the injury was not discovered right away, then an additional one-year period is added to this. For example, if a person suffered exposure to a toxin that caused cancer to develop over a period of several years, they have one year from the date that the injury was discovered to take action.

In cases where there is a breach of a written contract, you have four years from the date of the contract being broken to seek a claim, and in the case of a breach of an oral contract, you have two years from the date the contract was broken.

The law also provides for up to three years to file a claim for property damages in these types of incidents. One stipulation to keep in mind is that if there is a claim being brought against a government agency, you have six months from the date of the accident (and one year in some situations) to file a claim.

What types of compensation can I win from a personal injury lawsuit?

You may receive damages in a personal injury lawsuit based specifically on the losses you suffered. Some examples of the potential losses that are commonly associated with personal injury cases include:

• Medical expenses
• Lost wages and benefits
• Loss of quality of life
• Pain and suffering
• Emotional trauma
• Property damage
• Loss of consortium

The damages you can recover are dependent on the accident, the severity of the injuries, and the lasting outcome from those injuries.

How long does the personal injury claim process take?

In most cases where serious injuries occur, it can take several months for you to receive compensation if there is no disagreement from the insurance company or the at-fault party. In situations where the case must go to court to be settled, it can take several months to a year or more for the settlement to be finalized.

How are attorney fees handled?

While there are some differences, most personal injury attorneys provide their legal services on a contingency basis. That means that those who are hurt and filing a claim or lawsuit against the at-fault party do not pay anything upfront for attorney services. Rather, the services are paid for only if and when the claim is won.

Will my personal injury case go to court?

There is no way to know this until you speak to your attorney, but most personal injury cases do not go to court; instead, they are settled out of court through an agreement between the insurance company or the individual and the victim. It is more likely to go to court if there is limited evidence to back up your claim.