Santa Ana Personal Injury Attorneys

Seek the Relief You Deserve with the Law Offices of Benjamin Arsenian

Serious accidents—whether they occur on the road, on someone’s property, in a medical facility, or even in our own homes—can turn victims’ lives upside down. The symptoms that result from your accident can be long-term and life-altering, resulting in significant medical costs in the short and long term. These injuries may also impact your ability to work and earn income to support yourself and your family, and complete damages for your accident are meant to cover all these associated costs.

In the wake of an injury, victims are often faced with logistical and financial challenges, many of which can cast doubt on their long-term well-being. You might wonder how your family is going to be able to afford extensive medical treatment after the accident, in addition to ongoing rehabilitation, medications, or even additional surgeries. Wages are often lost in the period following the accident, and your ability to generate income can be substantially reduced as a result of disabilities caused by your injuries.

Gathering evidence to incorporate into the drafting and filing of a claim when you are trying to recover from your injuries can be difficult, if not impossible. When your injuries complicate your ability to pursue the damages you and your family may be entitled to, the Santa Ana personal injury attorneys from the Law Offices of Benjamin Arsenian can be especially helpful and supportive.

In cases where the accident or incident that led to your injuries was caused by someone or something else, victims have grounds to seek relief from those responsible. If you or a loved one has been hurt due to the actions of someone else, the Law Offices of Benjamin Arsenian is ready to hear your story. Your initial case review is risk-free and cost-free, and you never pay anything out of pocket if we take your case, as we only get paid if we win. Review some of our case results to see our track record.

Don’t wait to start the claims process. Contact our office in Orange County today to request a free consultation with our Santa Ana personal injury lawyer.

Types of Personal Injury Claims We Handle

At our firm, attorney Benjamin Arsenian has a proven track record of obtaining results for his clients in various types of personal injury lawsuits. No matter the circumstances surrounding your case, we invite you to call our offices today to explore your options. Our experienced Santa Ana injury attorneys will review your case and determine whether it fits with our firm, and if so, we’ll answer any questions you might have before we get started.

Our firm is ready to handle claims involving a wide range of injury matters, including wrongful death when a loved one is tragically lost due to another’s negligence.

Traffic Accidents

Our lawyers represent individuals and families after all types of traffic accidents in Southern California. If you or a loved one was seriously injured and you have any reason to suspect that someone else may be to blame, you should talk to a personal injury lawyer about your legal rights promptly. Accident victims have clear rights under California law, and an experienced lawyer will help you seek just compensation for medical expenses, lost wages, pain and suffering, and other losses.

We have experience helping accident victims and their families recover just compensation in cases involving:

Car Accidents

One of the most common causes of personal injuries is car accidents. If you have been injured in a crash caused by someone or something else, you could be entitled to damages. While not all car accidents are reported to the police and recorded in official statistics, calling the police to create a report can be helpful as evidence later in your claim for damages.

Statistics from the National Highway Traffic Safety Administration show that an average of approximately 4,000 people are killed every year in California traffic accidents. In Santa Ana alone, the California Office of Traffic Safety reports that an average of 1775 people have been injured or killed every year since the COVID pandemic. If you or a loved one has been injured—or worse—in a car accident that was caused by someone or something else, such as a vehicle malfunction, you could be entitled to compensation for medical costs, lost earnings, and pain and suffering associated with the accident.

Some of the most common causes of car accidents include:

Distracted driving – When a driver engages in any activity that visually, mentally, or manually impairs them from driving, they are engaging in distracted driving. One of the most common forms is using a hand-held cell phone while driving, which is illegal according to the CA OTS. Distracted drivers are less able to respond to road conditions and can cause serious collisions.
Drunk driving – All drunk driving is illegal, and if you were hit by a drunk driver in California, they will be liable for the damages you have experienced.
Aggressive driving and speeding – When drivers violate the law, they are “negligent per se,” meaning their illegal conduct establishes negligence. If a driver was speeding, ran a stop sign or red light, or engaged in other illegal aggressive behaviors, they can be responsible for your injuries.
Tailgating – Tailgating increases the risk of rear-end collisions. It limits the driver’s view of the road ahead and reduces stopping distance, making it harder to avoid a collision.
Unsafe lane changes – Drivers must ensure lane changes are safe by checking mirrors and blind spots. Relying solely on cameras or monitors is not an excuse for causing a collision.
Merging or turning dangerously – All drivers have a legal duty to drive safely. If a driver merges without looking or turns in front of oncoming traffic, this provides clear grounds to seek compensation.
Falling asleep behind the wheel – Drowsy driving can be as dangerous as drunk driving, and it becomes even more dangerous when drivers fall asleep at the wheel. California law does not allow drivers to sleep at the wheel of self-driving vehicles—reliance on technology is not a defense.
Vehicle defects and failures – Defects and failures (i.e., brake or tire failures, defective airbags) can both cause accidents and worsen injuries. We work to identify all responsible parties on your behalf.
Roadway hazards – From potholes to dangerous construction zones, roadway hazards can entitle victims to compensation. Claims may be brought against contractors or government agencies, so it’s important to act quickly with experienced counsel.

If you have been injured in a car accident—or any other kind of accident—our experienced attorneys are familiar with the local courts, their procedures, and how they apply the law. This experience is invaluable when navigating your personal injury claim, and we have it.

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Motorcycle Accidents

Being mindful of other vehicles on the road is a duty shared by all drivers in California, particularly when those vehicles are motorcycles. The California Office of Traffic Safety reports that injuries in motorcycle accidents have been steadily increasing in Santa Ana.

Common causes of motorcycle accidents include:

Distracted driving
Drunk driving
Speeding and aggressive driving

Motorcycles can be more difficult to see, but that does not excuse drivers from the responsibility to look out for motorcyclists. If you or a loved one has suffered serious, long-term injuries in a motorcycle accident caused by another party’s negligence, our team is ready to review your case.

Truck Accidents

The Federal Motor Carrier Safety Administration reports that over the past four years, an average of more than 12,800 vehicles have been involved in truck accidents in California each year. Thousands are injured each year, often severely.

Common causes of truck accidents include many of the same behaviors as car and motorcycle crashes (distracted or reckless driving), in addition to vehicle malfunctions and drowsy driving when drivers are not given sufficient time off work. A careful review of the facts and circumstances of your case, provided through requests for information from the opposing party and their insurer, supports the best outcome in your claim.

Bicycle and Pedestrian Accidents

The California Office of Traffic Safety reports that the number of pedestrian accidents has been on the rise over the past few years in Santa Ana. The city is one of the most dangerous in the state for pedestrians. During that time the number of bicycle accidents in Santa Ana has fluctuated, but the city also has some of the highest reported accident statistics for cities of comparable size in California.

Moreover, official counts often understate the true number of incidents. If your bicycle accident wasn’t reported but you suffered injuries due to another party’s negligence, you may still be entitled to compensation—and a Santa Ana accident attorney can help.

Premises Liability Accidents

Premises-related accidents are another common source of injuries and can entitle victims and their families to compensation in many cases. Our Santa Ana accident lawyers represent victims and families in cases occurring on both private and public property, including:

Bars, restaurants, and nightclubs
Government buildings and public parks
Hospitals, clinics, and other medical facilities
Hotels, motels, and vacation rentals
Nursing homes and assisted living facilities
Offices, warehouses, and industrial facilities
Parking lots and parking garages
Private residences (including private swimming pools)
Private schools and public schools
Retail stores and malls
Stadiums, concert halls, and other entertainment venues

In addition to handling premises liability claims against property owners and tenants, we also handle workers’ compensation claims for accident victims injured on the job. We also represent victims of dog bites and animal attacks. If you or a loved one was injured in any of the following types of accidents, we strongly encourage you to contact us for a free, no-obligation consultation:

Slip and fall – Slip and fall accidents are among the most common causes of premises liability claims and can lead to serious injuries and long recoveries.
Trip and fall – Cracked sidewalks, uneven surfaces, parking blocks, or merchandise in store aisles can create hazards that justify claims for compensation.
Fall from heights – Loose or missing railings, inadequate safety protocols on construction sites, and other hazards can cause life-altering injuries.
Elevator or escalator accidents – If elevators and escalators are not manufactured, installed, or maintained properly, the resulting injuries can be severe.
Electrocutions and injuries in fires
Negligent security — if a property owner does not put proper security measures in place, the owner can be held liable when criminal actions of an outside person cause harm. For instance, if someone is attacked in the parking lot of a mall without adequate lighting or a tenant is sexually assaulted in their apartment because the lock on the window wasn’t fixed, then the property owner can be held liable even though the harm was caused by a third party. Santa Ana personal injury attorneys work to show that it was the lack of appropriate security that allowed the injuries to occur.

If you have questions about your rights, our Santa Ana accident lawyers can explain your options. Even in cases involving accidents at other people’s homes, premises liability claims are typically covered by insurance, and many successful cases resolve through insurance settlements without the need to go to court.

Most Personal Injury Cases Hinge on the Issue of Negligence

To collect compensation, you must prove that another party was at fault and generally file a claim with their insurance company. You can only collect damages you can prove with evidence. The most effective way to measure short- and long-term losses from your injuries is to work with an experienced Santa Ana personal injury lawyer and qualified medical and occupational experts.

If your injury resulted from one of the accidents listed above through no fault of your own, you likely have grounds to seek relief from the responsible parties. Your legal team must prove that another party is liable through negligence or another legal theory to pursue compensation. Of course, the attorneys representing the party at fault will be working to show that you are to blame rather than their client. They will look for every opportunity they can find to trick you into admitting liability or saying something they can use to “prove” that you are not truly injured.

Many injuries are caused by a combination of factors, and a percentage of fault is assigned to each. This is referred to as “comparative negligence.” The defense teams will be trying to show that a high percentage of fault belongs to you, so that your damage award is reduced.

If you have experienced resistance from an insurance provider (or received a low offer), our firm can assist. Insurance companies are for-profit businesses that aim to minimize payouts. We protect your rights, value your claim accurately, and negotiate for the compensation you deserve.

To ensure you are not taken advantage of by the insurance company, it is important to reach out to an attorney as soon as possible after you have received emergency medical attention.

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Types of Damages Available for Your Personal Injury Claim

When an accident is caused by the negligence or fault of another party, you may be entitled to damages to cover all costs linked to your injuries. You can only collect what you can prove with evidence, and you must proactively seek those damages through an insurance claim or lawsuit.

Some of the damages are considered “economic” because they have a cost you can calculate monetarily. Often the results that have the greatest impact on your life, however, are factors you can’t put a price on, such as the pain and mental anguish you’ve experienced and that will continue in the future. These are considered intangible or “non-economic” losses.

Medical Expenses

Serious injuries and disabilities can entitle you to substantial compensation. Medical expenses generally include:

Short-term medical bills such as emergency room care and immediate treatment
Ongoing treatments, surgeries, rehabilitation, medications, and long-term care needs
Mental health treatment and related medications
Follow-up visits with doctors and specialists to support recovery and quality of life

Even a “minor” injury today can lead to life-altering changes later. Working with an experienced personal injury lawyer from the Law Offices of Benjamin Arsenian helps ensure the full medical costs linked to your injuries are accurately measured and recovered from the at-fault party or parties.

Lost Wages and Earning Capacity

One of the most impactful damages associated with injuries is the long-term effect on your earnings and household budget. When an injury prevents you from returning to work—or to the same level of productivity—your income can decrease while your medical expenses increase.

To measure the impact of your injuries on your ability to work, the opinion of an occupational expert is helpful evidence. An expert will consider your medical outcomes and assess how they affect your ability to perform your job.

No two individuals are alike, and we take the time to consider the unique facts and circumstances of your situation before advising on strategy. For example, after a traumatic brain injury (TBI), the National Institutes of Health note that cognitive ability and concentration can be impaired—both of which reduce earning capacity.

You may be entitled to compensation for lost wages and diminished earning capacity from the time of your injury through the remainder of your working life. A full and fair recovery is meant to replace lost income and resources to your household.

For example, for an individual with a graduate degree earning $120,000 annually, the recovery will differ from that of a construction worker earning $85,000 each year. Our experienced Santa Ana personal injury attorneys will explore the facts of your case during your initial free consultation to evaluate the extent of your damages.

How Do You Prove Negligence in Personal Injury Claims?

There are four parts to the legal concept of negligence:

Duty – A party must owe a duty to another party, including the duty to follow the law and act reasonably (e.g., all drivers must follow traffic laws).
Breach – The duty must be breached (e.g., using a cellphone while driving, which violates CA law).
Causation – The breach must have caused the accident (e.g., a distracted driver causes a collision).
Damages – You must have compensable losses you can prove with evidence (medical bills, lost earnings, property damage, etc.).

Your unique facts are applied to these elements to determine fault. It is helpful to work with a Santa Ana personal injury attorney throughout the process. Our legal team will help gather evidence, coordinate with medical and occupational experts, draft your claim, and negotiate the best possible settlement.

Steps of a Lawsuit: the Timeline of a Personal Injury Case

Although most personal injury claims settle before going to a full trial, skilled and dedicated Santa Ana personal injury attorneys prepare every case to withstand the rigors of a judge’s scrutiny so that we are always ready to take a case through trial if necessary. Insurance companies know which personal injury lawyers try to settle quickly and which ones will be ready to win in court. When they know they’re up against an attorney who is likely to win in court, then they are more likely to offer a full amount in settlement to save themselves the expense of a trial.

However, it takes time to reach that point. Here’s what usually needs to happen before the insurance company will concede and offer a fair amount in settlement:

The attorney for the injured person investigates as soon as possible to gather and preserve evidence. The quality of available evidence degrades quickly, so it is wise to start as soon as possible after a traffic accident or other incident.
The attorney calculates the value of the injured person’s losses based on medical opinions, legal precedent, and other information. This information may be presented to the defense with a settlement demand, and the defense will usually respond by denying liability or offering a small fraction of the value of the loss.
The attorney files a claim in civil court and serves a copy on the defense
Legal teams for both the plaintiff (the injured person) and the defense engage in discovery, which is a legal process of formally seeking information from each other. This can include interrogatories, depositions, requests for documents, and requests for admissions. This phase can take months or even years depending on the complexity of the case.
When both sides have acquired information, one side will typically make a new settlement offer. This may be acceptable, or it may be very different from what the other party expects.
If negotiations do not produce a settlement, then the trial begins. The judge will hear arguments and evidence from both sides before reaching a decision.
When the judge grants a judgment to the plaintiff, the personal injury attorney will oversee collection and make deductions to cover legal fees and court costs before paying the proceeds to the plaintiff.
If the court’s judgment is not satisfactory, the displeased party may be able to file an appeal, but only if they have legal grounds for doing so

A settlement can be reached at any point during this timeline. Even though your attorney manages the process, you are the one who decides whether or not to accept a particular settlement offer. Your lawyer can help you evaluate your options, but you retain control.

FAQs About Personal Injury Claims in California

Do I Have to Pay My Santa Ana Injury Attorney Up Front?

One of the first questions new clients ask is how much we cost and when we get paid. The answer is simple: nothing up front, and nothing out of pocket—ever. That is because we work on a contingency fee basis.

Your initial consultation is free. Bring any evidence and paperwork about your accident, the parties involved, and related costs. If your case is a fit with our firm, we only get paid if we win. Our fee comes from a portion of the recovery we obtain on your behalf, which we explain and agree upon before we begin.

What Is the Difference Between Bodily Injury and Personal Injury?

A bodily injury is a physical injury such as broken bones or brain damage. By contrast, a personal injury can be anything that negatively impacts you. This could be an injury to your body, but it could also be damage to your property or some other loss. For instance, libel and slander claims are personal injury claims that revolve around the damage to your reputation caused by defamation.

How Do You Prove Pain and Suffering?

When properly supported, claims for intangible losses, such as pain and suffering, can provide much more compensation than for tangible losses, such as medical costs. The right Santa Ana personal injury attorneys can help their clients prove that they should receive substantial amounts for pain and suffering through the use of expert witnesses, legal precedent, testimony from people who have witnessed the change in the victim’s life, and detailed journals showing the effects the injuries have had on the victim’s quality of life.

What is the Statute of Limitations for a Personal Injury Claim in CA?

The statute of limitations is the deadline lawmakers have established for filing particular types of legal claims. For most personal injury lawsuits in California, the claim must be filed in court no later than two years from the time the injury occurred. If the injuries lead to death, then the claim must be filed within two years of the date of death (rather than two years from the time of the accident that caused the injuries).

Speak to a Personal Injury Attorney

Turn to Our Experienced Santa Ana Personal Injury Attorneys

We take an aggressive, thorough approach that clearly presents our clients’ eligibility for compensation. Attorney Benjamin Arsenian is a former prosecutor who regularly argues on behalf of his clients in court and keeps their interests at the forefront of negotiations with insurance providers.

No matter your circumstances following an accident, our firm is prepared to take the steps necessary to pursue maximum compensation. The statute of limitations for most personal injury lawsuits is two years in California, so it’s important to speak with a lawyer as soon as possible. In fatal cases, we can pursue a wrongful death action on behalf of the family.

We handle the process from start to finish, requiring your involvement only when necessary. Our experienced Santa Ana injury attorneys will give your case the attention it deserves and hold the liable party accountable for the full damages you are entitled to. Contact us today to get started.