With overcrowded streets all across Southern California, it is easy to believe that car accidents happen on a daily basis. California traffic law can be frightening and leave you shocked. Bodily injury and damage to your vehicle will be followed by mounting bills and increased insurance premiums. You may be left wondering who will pay for damage to your car and the the expensive medical bills. How long will you be out of work?
You will have a lot of questions during this overwhelming time and you are going to need the guidance of a professional as you make your way through them all.
What happens if the other party starts accusing you of causing the accident? You may know that the accident was the fault of the other party, but if they claim differently, you can be faced with a he said/she said scenario. Once the accident has happened and you’ve exchanged information, what do you do next?
Claim forms and settlement papers are discouraging to try to tackle on your own. Immediately following an auto accident, victims can feel isolated, bewildered and intimidated and may be tempted to settle for a quick amount that may not be in their best interest in the long run. Fortunately, calling an attorney can help you with this decision.
You need an expert on your side who knows the law and can fight for your rights. An experienced attorney can answer your questions, investigate the details of the accident and file your paperwork to ensure that your case is properly prepared and filed within the time limit required by the court. Your initial consultation will allow your attorney to review your case and determine whether or not you are entitled to compensation for damages.
Unfortunately, personal injury cases can be overwhelming and time consuming. Without an attorney, you may find the process fatiguing and tedious, especially when the other party or insurance company is armed with a team of attorneys on their side.
Many people are unaware of the intricacies of traffic law. Statute of limitations for filing a lawsuit can make or break your case before you even enter a courtroom. Your attorney knows the timeline required as well as how to fill out and file the extensive paperwork a lawsuit includes. Too many victims of car accidents are unable to collect the damages they deserve because the paperwork was filed too late or documents were improperly filled out or missing altogether. Don’t let this happen to you!
California traffic law includes a clause for Shared Fault claims. The courts can actually rule that you are also to blame for the accident if the defendant in your case argues that both parties are at fault. A lawyer can explain this clause and the possible implications that may effect the amount of compensation you receive.
Example of Shared Fault Claim:
Let’s assume that the defendant who hit your car ran a stop sign. Let’s also assume that you were driving 10 miles over the posted speed limit. The attorney for the other party might argue that you take on a percentage of the blame. If the court finds you to be 10% at fault for the accident, your lawsuit for $50,000 in damages to your car and person may be reduced to $45,000 once your fault is subtracted.
There are often exceptions to the rules that you may qualify for but not even know about. An attorney can find these exceptions to ensure that you receive the compensation you are entitled to.
For example, California law places time limits on financial gains for certain types of damage. An uninsured driver may not be eligible to collect the full compensation that those who have insurance may be entitled to. Damages such as pain and suffering, that does not have a determinable monetary amount to award, may not be awarded to an uninsured driver under California law.
In the end, your personal injury lawyer is your advocate in court. At the Law Offices of Brent A. Duque, we maintain a staff of a highly professional, knowledgeable, aggressive and successful car accident attorneys who represent injured people through our offices that stretch across Southern California. Time limitations apply to any injury claim you might have, so for purposes of investigating a possible case and possibly preserving evidence, it’s best for you to contact us immediately after an accident.
Contact our Orange County Personal Injury Attorney at 1-877-241-9554 to learn more about your legal options. A free consultation is just a phone call away. You can even use our online contact form, and we’ll reply to you quickly.
You should consider hiring an accident attorney if you’re unsure about your ability to represent yourself or don’t want to deal with the complications of personal injury lawsuits.
A car accident lawyer can help you determine fault. The truth is that motor vehicle accidents are challenging to win since California is a shared-fault state.
Only an experienced attorney can provide the legal insight, persistence, and expertise necessary to ensure a favorable verdict.
It still makes sense to engage legal counsel after a car accident, even if establishing liability is not a concern, because there is a risk that you won’t receive the money you are entitled to without one.
Insurers know that if they offer you a lower settlement amount or outright reject your claim, you will have no real remedy if you don’t have an attorney. The statute of limitations for claims related to car crashes, motorcycle accidents, truck and bus collisions, etc., in California is two years from the accident’s date. Minors have an extension until they turn 18, the legal age of majority. Adults who have been injured may not file a car accident claim after the two-year deadline has passed. Here are the steps you can take following a Garden Grove car accident:
Visiting a physician may not be necessary if the accident was merely a small “fender bender.”
Even if you initially don’t believe you’ve been hurt, you should always see a doctor after an auto accident involving considerable impact.
Adrenaline and shock can keep you from realizing you’ve been hurt right away following a motor vehicle crash. Furthermore, swelling might take longer to produce symptoms.
It should be noted that failing to seek medical assistance right away after being hurt could have a negative impact on your health and seriously jeopardize the likelihood that your personal injury claim will be successful. Usually, after sending a demand letter, insurers enter into negotiations with a claimant to resolve claims. Being businesses, insurance companies will want to settle disputes as inexpensively as possible.
The initial offer a victim will typically receive could be too little to cover their damages. Despite their friendliness, the insurance adjuster is not on your side, so you should be ready to negotiate. When negotiations fail, claimants often have to file personal injury lawsuits to recover a favorable settlement. Choosing the right attorney is undoubtedly an important decision when it comes to personal injury cases, but with so many Garden Grove car accident lawyers, how do you know which one to pick? Here are a few things to look for:
Schedule a free consultation with the attorney before making your choice. Physical and emotional suffering brought on by injuries sustained following the car accident is considered part of pain and suffering. Your ability to prove your injuries and their extent will determine how much money you receive.
An insurance company will probably acknowledge that you have endured considerable pain and suffering if you have accrued high medical costs or missed many hours at work.
Broken bones are one example of an injury that frequently causes considerable pain. You might have to put forth more effort to demonstrate that you suffered considerable pain and suffering if your injury was not serious or did not require lengthy treatment. An attorney often receives 30 to 33 percent of the compensation from car accidents. You are not obligated to pay them a fee if they cannot secure funds for you. Keep in mind that unless your arrangement with the attorney specifies otherwise, you could still be required to pay court costs and other charges related to filing your lawsuit.
Want to know more? Book your free consultation today to talk to an experienced personal injury attorney!
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