Is It Worth Getting An Attorney For A Car Accident?

Life can take unexpected turns, even on what seems like a perfect day. Imagine after a day where everything seemed to go right at work, your ride home is interrupted by a car accident, leaving you with injuries. While struggling with doctor’s appointments and the complexities of insurance, the thought crosses your mind: Is it worth getting an attorney for a car accident?

After a car accident, dealing with injuries, medical bills, and insurance can be a lot to handle. Many people wonder if hiring a lawyer is worth it. Can they help lighten your load? Let’s find out.

An attorney can help navigate the legal process, communicate with insurance adjusters, and assist you in pursuing compensation. They take care of the paperwork and negotiations and, if needed, represent you in court so you can focus on healing.

Why Do I Need A Car Accident Attorney In California?

When it comes to car accidents in California, it can be beneficial to get a personal injury attorney. Many believe hiring a lawyer is unnecessary if the accident is minor and does not cause injury. However, even a seemingly insignificant fender bender can become a major headache without a lawyer who has experience handling car accident cases.

It is estimated that speeding alone led to over ten thousand fatalities in the United States in 2016. This figure rose to over 12,000 deaths in 2022. In 2021, 2.5 million people suffered injuries from car accidents all over the country. A motor vehicle accident lawyer can help you navigate the legal process after an accident, especially in more complex cases.

Under California law, proving negligence in many speeding-related accidents can be straightforward. However, establishing fault in other types of crashes, especially ones involving multiple at-fault parties or a large corporation, can be difficult. California is an at-fault state, meaning whoever is responsible for a car accident bears their share of liability. However, this doesn’t mean you can negotiate your insurance claims easily. With many factors involved, navigating the claims process without legal representation can be challenging.

Moreover, car accidents often involve factors beyond just speeding, which can complicate the issue of liability. Distracted driving, driving under the influence, dangerous road conditions, or even mechanical failure can contribute to an accident. These additional factors can make determining who is at fault harder.

Want to know whether hiring lawyers for car accident cases is worth it? After an accident, you’ll have to deal with the police, your insurance provider, maybe someone else’s insurance company, and medical professionals. Handling communications with these parties on your behalf is one of the things an experienced accident attorney for car crashes can do for you. Contact a personal injury attorney after a car accident to know if you have a valid case.

What Can A Car Accident Lawyer Do For You?

Car accident lawyers assist in many ways, including filing claims, negotiating with insurers, and providing legal advice. Personal injury lawyers support clients throughout the claims process.

Here are some important things good auto accident attorneys can do for their clients:

What Are The Benefits Of Hiring A California Auto Accident Lawyer?

If you have been injured in a car accident, hiring a personal injury lawyer can be worth it, regardless of your financial standing. Here’s what an experienced car accident attorney can bring to the table:

• Extensive Legal Knowledge — Do you want to know why getting a lawyer after a car accident is important? The main benefit of having a good attorney is that they can guide and support you throughout the legal process. Additionally, attorneys can evaluate your claim and advise you on how to proceed based on the facts they have gathered. Having a car accident lawyer on your side can help you navigate the legal system and make informed decisions about your case.

  Additionally, a major benefit of hiring a car accident lawyer near you is their accessibility. They know which local laws and regulations apply to your specific situation and can use this knowledge to help you pursue compensation.

• Provide Proactive Investigation — A car accident lawyer works to identify potentially liable parties and help hold negligent parties accountable for the accident.

  How do lawyers investigate car accidents? They do so methodically. They examine the scene, check road and weather conditions, look at traffic signs, review police reports, and gather witness statements. Surveillance footage and black box data are also analyzed.

  If necessary, your auto accident attorney can hire accident reconstructionists to support your case. Providing proof of medical attention received after an accident is another essential part of the claims process. Your personal injury lawyer can gather medical records and expert testimonies to demonstrate the extent of your injuries and further support your compensation claim.

• Work With Strict Deadlines — California’s statute of limitations for personal injury claims involving auto accidents is two years from the accident date. A lawyer for car accident cases works within these deadlines and procures the necessary documentation and evidence. A claim must be filed within the specified time frame; otherwise, you risk losing your eligibility to pursue compensation.
• Assess Medical Expenses & Other Accident-Related Costs — A car accident attorney can assist you in seeking reimbursement for immediate and future medical expenses and lost income. These expenses may include costs related to injuries with delayed-onset symptoms, not present immediately, but affecting your health significantly. Examples include traumatic brain injuries, spinal cord injuries, internal injuries, and whiplash.

  Seek medical attention after a car accident, even if you don’t think you’ve been injured. Some injuries may not manifest right away but may show up days, weeks, or months later.

• Negotiate With Insurance Companies — A car accident lawyer can represent you in settlement negotiations and advocate for your rights. Attorneys understand the complex legal system and offer clear guidance in every phase of the process to help you make informed decisions.
• Take Your Case to Court — Insurance companies may reject claims for several reasons, including a lack of supporting documentation, disputes over liability, or disagreements about the amount. However, you may still be able to pursue compensation even if the original claim was denied.

  In California, insurance companies must investigate claims fully and fairly. Settlements should be fair and timely, reflecting “good faith” efforts to provide an equitable resolution. However, some insurers may not meet these obligations, which can affect the outcome of your claim. Policyholders may benefit from understanding their rights if issues about the claims process arise.

  By thoroughly examining your circumstances, collecting additional evidence, and presenting legal arguments, your auto accident attorney can help you build a well-supported case. Furthermore, they can represent you in court if the insurance company refuses to offer a fair settlement.

• No Upfront Costs — Car accident attorneys typically work on a contingency fee basis, which means they only get paid for their legal services if they obtain compensation for you. Fees are based on a percentage of your compensation and will vary depending on multiple factors, including the case’s complexity, the amount of work needed, and the attorney’s experience. These fees are agreed upon in writing before the lawyer begins working on your case.

  If you don’t receive compensation, you won’t owe them any attorney’s fees. However, there are other case-related costs that may be charged separately, regardless of the outcome. Discuss these with your lawyer before agreeing to representation.

Do You Have A Car Accident Case?

The first thing a car accident attorney does is determine whether or not you have a case against the other driver. Getting injured in an accident does not necessarily entitle you to sue. You may have legal recourse if the other party caused your accident deliberately or carelessly. For instance, the cause of multiple-vehicle accidents is often unclear, so it’s important to have a lawyer’s help to identify the cause.

In the event of a car accident, you may wonder if you can seek damages. The following criteria must be met to be eligible for a claim:

• Another party’s negligence contributed at least a fraction to the accident.
• The car crash left you or a loved one injured.

To know if you have a valid case, you can fill out our “Do I Have A Case?” form here. If the circumstances of an accident are deemed complicated, your car accident lawyer may consult with accident reconstruction professionals or investigators for insight.

Reasons To Get A Lawyer After A Car Accident

In many car accidents, injury victims may find it beneficial to consult with accident lawyers regarding their case. Sometimes, people can be nervous about contacting a lawyer for many reasons. If any of the following apply to your situation, consider reaching out promptly:

• You sustained a severe injury that appears to be long-term, permanent, or life-threatening.
• Multiple people sustained some kind of injury, severe or otherwise.
• A fatality has occurred as a result of the accident.
• You incurred medical problems and costs that outweigh your insurance caps.
• Fault is disputed by any party.
• Your quality of life and ability to earn are affected.
• The accident happened in a construction zone.
• You are emotionally traumatized.
• The insurance company is challenging to work with, or their offer is too low.

After an accident, focus squarely on healing from your injuries. Collecting all the information required to bring a claim can be an arduous and challenging process, and it may be helpful to have a car accident lawyer who can help you handle the process.

When Not To Get A Lawyer For A Car Accident

Knowing how beneficial a lawyer is, it might be tempting to hire one without considering the circumstances of your accident. However, it’s important to consider first whether you really need a lawyer after a car accident. Here are some instances when you may not need a personal injury attorney.

• No Injuries — If the accident doesn’t result in injuries or requires minimal medical attention, managing the claim through insurance might suffice.
• No Liability Dispute — It’s possible that no person involved in the accident is contesting the circumstances of the accident. For example, a driver backs their vehicle into another in a parking lot at a slow speed. The drivers exchange insurance information, and the insurance companies settle the matter without further dispute.
• No Interest in Compensation — If there’s no desire to seek compensation for minor injuries or property damage, the services of a car accident lawyer might not be necessary.

Otherwise, you may consider calling a personal injury lawyer to handle your case. If you’re injured in a collision, attorneys who have experience handling car accidents can guide you on your next steps.

Costs Associated With A Car Accident

One of the reasons that a car accident is so traumatizing is the cost factor. It’s usually the first thing that starts spinning in your head after the accident, and it can feel overwhelming. You’re already focused on the costs involved, and there’s concern about potential expenses that haven’t surfaced yet. The fear of being unable to afford a personal injury attorney is common.

While every car accident is different, there are some common costs typically associated with these cases:

• Ongoing medical costs and down the road.
• Lost income
• Loss of a vehicle.
• Car repairs
• Insurance hikes
• Emotional trauma costs.
• Possible funeral costs.

There are several arrangements to be made right after a car accident. You may even be dealing with several insurance companies if a fatality arises. These are the costs that judges and juries look at when ruling on civil car accident cases.

Not many drivers are willing to step up and say it was their fault. Your car accident lawyer can help navigate the system and work to determine who was at fault in the accident.

Common Causes Of Car Accidents

Human error is one of the common causes of car accidents in the nation. Drivers constantly have to make split-second decisions while on the road. Unfortunately, these judgment calls are not always accurate or timely. The result is a staggering number of potentially avoidable crashes.

Here’s a closer look at the different factors contributing to car accidents.

Aggressive Driving Behavior

Reckless driving behaviors greatly increase the risk of physical injuries or even fatal crashes. These behaviors include tailgating, frequent lane changes, and road rage. These incidents can escalate quickly, resulting in highly dangerous situations.

Road rage, in particular, continues to affect densely populated cities like Los Angeles, California. The heightened emotional state can distract drivers from focusing on the road, increasing the chances of missing critical traffic signals or hazards. It can also impair judgment, causing drivers to make risky maneuvers that may result in accidents.

Ignoring Traffic Rules

Disregarding traffic signals and signs is a common cause of accidents, particularly at intersections. Traffic violations not only affect the driver, but they also have the potential to affect a victim’s life. All drivers must be aware of their surroundings and pay attention to traffic signs, especially in areas where accidents are prone to happen.

Distracted Driving

Driving while texting, talking on the phone, eating, or fiddling with your vehicle’s entertainment system are all forms of distracted driving. This behavior increases the risk of causing a collision. It also significantly multiplies the chances of serious injury or death in such events. Contact a personal injury attorney if you’ve been in an accident involving distracted driving.

Driving Under The Influence

Driving under the influence (DUI) of alcohol or drugs is a major contributor to thousands of fatalities on US roads. There are strict laws against impaired driving, but it continues to be a huge problem. Car accidents caused by drunk or drugged drivers often result in fatalities. If you have suffered injuries caused by an impaired driver, consult a DUI accident victim lawyer.

Speeding

Whether in rural or urban areas, America’s roads and highways can be tricky to navigate. An accident is more likely if someone drives too fast for the conditions or above the posted speed limit. When someone drives at excessive speeds, there is a higher chance that they will lose control of their vehicle and cause a collision. If a speeding driver hits you, get in touch with a car accident attorney to explore your options for pursuing compensation.

Fatigue

Fatigue is a significant factor in car accidents. Insufficient sleep, long commutes, and late-night driving impair a driver’s ability to react quickly and make sensible decisions. Commercial vehicle drivers, such as Uber and Lyft drivers, are prone to fatigue due to long hours on the road. The lack of proper rest increases their risk of getting into serious Uber collisions or Lyft accidents.

Inexperience

Young and inexperienced drivers often lack the skills and judgment to make safe driving choices. Teen drivers, in particular, are usually influenced by peer pressure, which leads them to take unnecessary risks or drive recklessly. Overconfidence in their driving abilities, one of the many risks involved in teen car crashes, can also result in dangerous behaviors on the road.

Conversely, some new drivers may be overly cautious or scared to drive, which can cause hesitation and unpredictable actions. These factors contribute to a higher likelihood of accidents, including fender benders, rear-end collisions, and, in severe cases, fatal car accidents.

Car collisions involving minors and young drivers can be particularly complicated. A lawyer who assists car accident victims can help you navigate complex legal and insurance issues.

Weather And Poor Road Conditions

Poor weather conditions can significantly impact driver visibility and road traction. For instance, rain can contribute to accidents. However, rain accident lawyers also assess whether the motorist’s driving behavior was appropriate for the conditions. If not, the driver may still be held liable, even if poor weather played a role. Factors such as potholes, uneven road surfaces, and inadequately marked construction zones further increase the risk. Poorly lit streets and malfunctioning streetlights can make it difficult for drivers to see obstacles and navigate safely, especially in areas with uneven roads and active construction sites.

These combined hazards contribute to a higher likelihood of accidents and make driving more challenging and dangerous. If you get injured in a collision due to these conditions, consult with lawyers handling car accident claims to understand your rights and options. Some of these cases involve claims against the government, making legal representation important.

Mechanical Failures

Vehicle malfunctions, such as brake failure or tire blowouts, can cause accidents. For example, a tire blowout can cause a loss of control, potentially resulting in rollovers and collisions. Defective tire injuries can vary from minor to severe, depending on the circumstances. To prevent such failures, maintain your vehicle regularly. This also means that pre-driving checks are necessary to keep your car in good shape before it hits the road.

Mechanical failures can become even more complicated if they result from an auto defect, creating potential legal complexities. Seeking the assistance of a lawyer for car accidents can be crucial in addressing these complexities and establishing liability.

Typical Injuries Suffered By Victims In Car Accidents

Ongoing expensive medical bills, physical discomfort, and emotional suffering are all common effects of car accidents. It is also possible that victims could lose a substantial amount of income or may never be able to return to work. Our car accident lawyers have helped victims pursue different types of damages.

Here is a list of common car accident injuries:

Stress-Related Or Emotional Injuries

The effects of emotional injuries after car accidents can be as severe as physical injuries. Apart from depression, stress, and anxiety caused by the trauma, it is possible to develop post-traumatic stress disorder (PTSD) after an accident. If you’re grappling with emotional trauma, an attorney for personal injury claims can assist you in understanding your legal options in pursuing compensation.

Internal Injuries

A life-threatening internal organ injury or internal bleeding can occur after a car accident. Getting hurt in a serious car accident can result in internal injuries, some of which could be invisible to the naked eye.

Here are some common internal injuries that can occur in a car accident:

• Internal Bleeding — This can occur in various parts of the body due to trauma. It often results from damage to blood vessels and can be life-threatening if not treated promptly.
• Organ Damage — Organs such as the liver, kidneys, and spleen can be damaged or lacerated in a car accident. This can lead to internal bleeding and other complications.
• Ruptured Spleen — The spleen can rupture due to a strong impact, causing severe internal bleeding and requiring immediate medical attention.
• Broken Ribs — Fractured ribs can puncture internal organs or blood vessels, which may create further complications such as a pneumothorax and internal bleeding.
• Pneumothorax (Collapsed Lung) — This occurs when air leaks into the space between the lung and chest wall, causing the lung to collapse. It can result from broken ribs or direct trauma to the chest.
• Abdominal Aorta Rupture — This is a severe injury where the main artery in the abdomen is torn, which can cause massive internal bleeding. It is often fatal if not treated promptly.

If you or someone you know has been in a car accident and is experiencing symptoms like severe pain, dizziness, or difficulty breathing, it’s crucial to seek prompt medical attention. Additionally, contact an auto accident attorney for personalized legal guidance. Speak to one of our lawyers for car accident victims at (888) 488-1391 for a free initial consultation.

Chest Injuries

Chest injuries are frequently associated with car seatbelts during a collision. When a vehicle suddenly stops, the seatbelt restrains the occupant. The force exerted can lead to various forms of chest trauma, including bruising of the chest wall and rib fractures. More severe complications, such as internal bleeding, lung contusions, and cardiac injuries, may also arise.

Seatbelts are critical for preventing more serious injuries or fatalities by keeping passengers from being ejected from the vehicle. However, they can still contribute to specific injuries, including those to the chest. Correctly using and wearing seatbelts can help mitigate the severity of injuries in a crash. Position the seatbelt properly across the pelvis and chest rather than directly over the abdomen or neck.

Aside from the immediate physical impact, chest injuries can lead to complications like pneumonia, blood clots, and long-term disability. Treatment for chest injuries depends on their severity. It may range from rest and pain management to invasive procedures like surgery. Healing times vary widely, with some individuals returning to normalcy within a few weeks while others require months of rehabilitation.

Anyone with chest pain or breathing issues post-accident must seek immediate medical attention for diagnosis and treatment. A lawyer for car accident victims can provide legal assistance and dedicated representation to assist in seeking compensation for medical bills, lost income, and other losses.

Head Injuries

A blow to the head after a car accident can cause the victim to sustain head injuries. Traumatic brain injuries (TBIs) can be particularly dangerous and life-threatening.

• Concussions — These commonly happen when the brain shakes inside the head because of a sudden movement. Symptoms are headaches, dizziness, or confusion. The victim might even faint. Concussion symptoms may not appear until a few days after a vehicle incident. Some concussions are minor, while others may severely impair brain function.
• Contusions — These are like brain bruises caused by a hit to the head. They can make the brain swell or bleed.
• Diffuse Axonal Injury — This serious injury occurs when the brain moves quickly back and forth inside the skull. It can damage brain cells and affect how someone thinks.
• Penetrating Head Injuries — These occur when something goes through the skull into the brain. It’s a severe TBI that often results in death, if not a permanent disability.
• Skull Fractures — A hard hit to the head can cause a crack in the skull. It can lead to headaches, nausea, and, in some cases, brain damage.
• Post-Traumatic Headaches — Some people get really bad headaches after a sudden blow or jolt in a car crash.

Whiplash

Whiplash is one of the common injuries sustained after a car accident. It occurs when the neck is forcefully jerked backward or forward, often in rear-end collisions. Given the weight of the human head, this sudden movement places considerable strain on the cervical muscles of the neck. While some injuries may be minor, others can result in chronic pain. Neck injury lawyers typically consider these long-term effects when assessing the victim’s damages.

Pain from a whiplash injury usually worsens with time. Although some individuals get better from whiplash quickly, healing can extend over several months or more for others. Following your doctor’s treatment plan and keeping a journal to document how whiplash impacts your daily life can help injury attorneys build a well-documented case on your behalf.

Back Injuries

Here are some common back injuries that can occur in a car accident:

• Herniated Discs — This happens when the soft cushion of tissue between the vertebrae in the spine pushes out. It can cause severe pain, numbness, or weakness in the limbs.
• Spinal Fractures — These are breaks in the vertebrae. Depending on the severity, they can lead to significant pain, nerve damage, or even paralysis.
• Spinal Cord Injuries — Damage to the spinal cord can result in partial or complete loss of function below the injury site. This can affect mobility and sensation.
• Sprains and Strains — These involve damage to the back muscles, ligaments, or tendons. Symptoms include pain, swelling, and limited movement.
• Compression Fractures — These occur when the vertebrae are compressed due to a sudden impact. They can cause pain and lead to a hunched posture if not treated properly.
• Facet Joint Injuries — The facet joints connect the vertebrae and help with movement. Injuries to these joints can cause pain and stiffness.
• Spondylolisthesis — This condition occurs when a vertebra slips out of place onto the bone below it. It can cause pain and affect the spine’s alignment.

Back injuries from car accidents can vary in severity, and it’s crucial to seek medical attention promptly to diagnose and treat any potential injuries. Early intervention can help prevent long-term complications. In the aftermath of a car accident, navigating the legal and insurance maze can be overwhelming. Reach out to one of our personal injury attorneys to help you address the complexities and challenges that may arise in the claims process.

Cuts, Burns, And Lacerations

Accidents often lead to cuts and lacerations. Some are minor and heal with proper care over time. However, severe injuries might need skin grafts and could result in lasting scars and disfigurement. Soft tissue damage, burn injuries, and limb loss are also common in vehicular accidents. When the injuries are severe and impact the overall well-being of the victim, they may be considered catastrophic injuries. It’s vital to see a healthcare provider promptly after an accident to address any injuries. Your health and healing are of utmost importance.

Fractures And Nerve Damage

Car accidents often cause arm, hand, leg, and foot fractures, among other injuries. Although broken bones are not often life-threatening, they can lead to significant time off work and expensive medical treatments, including surgeries.

In addition to fractures, the impact of a collision can cause injuries to muscles, ligaments, and nerves. Nerve damage, in particular, is a severe and often debilitating consequence of car accidents, and it can have long-lasting effects on a person’s quality of life. In some cases, nerves can regenerate, and function can be restored, but this process is slow and often incomplete. Severe nerve damage may be permanent and may create a lifelong impact on mobility, strength, and sensation. Bodily injury lawyers also consider these impacts when calculating the value of a claim.

Facial And Dental Injuries

When a car crashes, airbags rapidly inflate to protect the driver, but sometimes, they can cause facial injuries. Additionally, the impact of the collision, broken glass, or even the steering wheel can exacerbate these injuries. These can range from minor cuts and bruises to more severe damage, such as fractures of the jaw, cheekbones, and nose. There can also be bruises and cuts on the soft tissues of the face.

The crash can also cause the teeth to chip, crack, or fall out, and some might get pushed out of place or break. These injuries are particularly distressing because our facial appearance and smile play a crucial role in self-confidence and social interactions. Such injuries can lead to a profound change in how individuals perceive themselves, potentially affecting their self-esteem and relationships with others.

Immediate medical attention is usually needed to fix the damage. Healing from these injuries can take time and require different doctors, including dentists and plastic surgeons. However, physical healing is only part of getting better.

If you or a loved one gets hurt in a crash, talk to a car accident lawyer to see what can be done legally. Our car accident attorneys can help you pursue compensation for your medical bills, lost income, or other damages.

Determining Fault In A California Car Accident

California operates under an at-fault insurance system. This means the driver determined to be at fault is typically responsible for covering most, if not all, of the costs. In car accidents, the concepts of fault and liability are deeply interconnected. They determine who is financially responsible for damages and injuries resulting from the incident.

An attorney who handles car accident cases may be needed to navigate these complicated legal matters. They will consider various elements to help identify who’s responsible for compensating an injured victim.

Fault identifies the party responsible for causing the accident.

• Negligence — This is the common basis for fault, where a driver fails to act with the care expected of a reasonably prudent person, which can cause an accident. For instance, if a driver fails to yield to a pedestrian or a vehicle with the right-of-way, they can be considered negligent. In these cases, failure-to-yield accident attorneys work to help determine liability.
• Recklessness — This is a more severe form of fault, where a driver knowingly disregards the safety of others, resulting in an accident.
• Intentional Misconduct — This is rare in vehicular accidents but applies if a party intentionally causes harm or an accident.

Liability refers to the obligation to compensate for the damages caused by the accident. The party at fault is typically liable for covering the losses incurred by the victim.

• Personal Liability — In many car accidents, the individual at fault (driver) may be held personally liable for the damages.
• Vicarious Liability — Sometimes, another party can be held partially liable for someone else’s actions. An example is when employers are held responsible for their employees’ actions while working.
• Strict Liability — This legal principle holds a party responsible for damages or losses without needing to establish carelessness or fault. It is commonly applied in cases involving inherently dangerous activities or defective products.
• Joint and Several Liability — In accidents involving multiple at-fault parties, each may be held responsible for a portion of the damages.

How Comparative Negligence Laws Affect Liability

Very few drivers are willing to take the burden of fault right away. You shouldn’t either until you’ve talked to a lawyer. If you’re worried that you might be to blame, remember that California’s laws are designed with fairness in mind. As a pure comparative negligence state, California allows you to pursue some damages, even if you share responsibility.

For instance, if an investigation concludes that both parties are equally responsible, say 50% each, you may still be eligible to seek damages. This is because the accident wouldn’t have happened if the other driver hadn’t been 50% responsible for it.

In this case, the pure comparative negligence rule allows you to seek 50% of the damages. A California personal injury attorney conducts a thorough investigation and gathers evidence to identify potentially liable parties and help establish liability.

Fault determination might not be immediate. For complex accidents, the California Highway Patrol may deploy investigative units to reconstruct the accident and assign fault. The party found at fault means they were negligent in exercising their duty of care on the road. That could mean causing an accident due to careless and reckless driving or drunk driving.

Understanding Duty Of Care In California

In California, the legal standard for duty of care in driving requires drivers to exercise reasonable care by watching for pedestrians, obstacles, and other vehicles. They must also control the speed and movement of their vehicle. Failing to do so constitutes negligence.

These are some of the common duty of care breaches in California car accidents:

• Careless driving, such as failing to check for vehicles in blind spots.
• Ignoring traffic signals, like running a red light.
• Drinking and driving.
• Distracted driving, such as talking on the phone or texting while driving.
• Road rage.

Navigating the aftermath of a car accident can be a complex process, filled with nuances around fault and negligence. Armed with the right information and legal assistance, you can address these challenges and help protect your rights.

Steps To Take After A Car Accident

Car accidents can be overwhelming and confusing, especially in the moments following the incident. Below are some steps you can take to help protect your well-being and your potential claim:

1. Check for injuries and limit interaction with others at the accident scene as much as possible.
2. Call 911 unless the accident is relatively minor. Report the accident and anyone who needs immediate medical attention.
3. Stay calm and wait in a safe place near the accident scene.
4. Don’t say anything about fault at this time, and don’t take any compensation offers.
5. Only exchange phone numbers and insurance information with all involved drivers.
6. Take pictures of the accident, your injuries, and vehicle damage.
7. Write down your recollection of the accident promptly.

Document everything you can as early as possible. It’s really important to keep every medical receipt and exchange you have. If you are being charged for a Band-Aid, keep the documentation. Write down everything EMTs or medical personnel tell you as soon as you can. Don’t downplay your injuries, but don’t dramatize them either. If you can, call a personal injury attorney as soon as it is safe to do so.

What To Say When An Insurance Company Calls?

Expect the defendant’s insurer to call after a car accident, but be careful. Limit your answers to any questions from the defendant’s insurance adjuster and refer them to your lawyer.

If your remarks are misinterpreted as implying that you caused the accident and your injuries are not severe, you might be considered at fault, even partly. This could impact the outcome of your claim and the compensation you may be able to pursue.

At Arash Law, our car accident lawyers can deal with the insurance companies on your behalf. As representatives of car accident victims, we are committed to advocating for your rights through negotiations and litigation, if needed.

How Can A Personal Injury Lawyer Protect Me Against Insurance Companies?

A California personal injury attorney can assist you in several ways. They can collect reports and other evidence from the police and medical care providers. They can also deal with the other drivers and their insurance companies on your behalf. Their role is to advocate for your interests throughout the claims process.

If you are unsure whether you need a lawyer, consider the seriousness of your accident and injuries. Until you speak with an attorney, be cautious in your interactions and take necessary steps to help protect your claim.

Insurance providers have teams trained to evaluate and counter claims in order to protect their interests. Hiring a car accident attorney can help you collect evidence and navigate the claims process.

The process includes the following:

• Getting the police report from your accident.
• Recreating and/or analyzing the scene of the accident.
• Speaking with witnesses to determine what happened.
• Evaluating and calculating your total damages.
• Representing you to other parties.

If you’ve suffered losses due to a car accident, a personal injury lawyer can help you understand your legal rights, estimate the potential value of your claim, and explore your legal options.

A lawyer for a car accident can represent your interests as well as negotiate with the insurance adjuster on your behalf.

What Factors Should I Consider Before Hiring A Car Accident Lawyer In California?

A car accident claim shouldn’t be handled by just any lawyer. Pick someone who is knowledgeable, experienced, easy to work with, and will advocate for your rights, whether in or out of court.

Observe the following signs when choosing a personal injury lawyer to take your case or during the initial consultation:

• Their personal injury practice includes handling many car accident cases.
• They have years of experience in personal injury law.
• Free initial consultations are available regardless of time or location.
• They are focused on what you say and remember the details you provide.
• They understand the extent of your injury and the loss you have suffered.
• Your rights and health are treated with genuine concern.

How To Find The Right California Car Accident Lawyers

Searching for an “accident attorney near me?” Here are the things you can do to find the ideal lawyer for your car accident claim:

Get Referrals

Seek recommendations for car accident attorneys from friends, family, former colleagues, or community groups. Consider crowdsourcing suggestions on social media platforms. Pay attention to the reasons clients were satisfied or dissatisfied with their services.

Check Their Credentials

After receiving referrals, conduct your own investigation. Explore the websites of potential attorneys to learn more about their credentials. If they have a news or publications section, check the firm’s professional history and experience, or if the lawyers have authored relevant articles.

Another step you can take is to check their commitment to staying informed on industry advancements. Additionally, an attorney needs substantial financial backing and deep-rooted connections within the legal community to cultivate such collaboration.

Be wary of candidates offering results that sound overly optimistic. A proficient lawyer will provide a balanced perspective, clarifying potential outcomes based on case specifics. Prioritize your comfort. If a candidate makes you feel pressured or overpowered, don’t hesitate to seek counsel elsewhere.

Choose An Attorney With Experience Handling Car Accidents

Specialized laws govern personal injury and property damage, making it important to partner with a lawyer with years of experience in car accidents and settlement cases. While lawyers in fields like divorce or family law might lack this specific knowledge, car accident attorneys in California are fully equipped to build a well-supported injury case for you.

Find A Dedicated Personal Injury Lawyer

Pick lawyers who are dedicated to advocating for the rights of their clients. The right car accident lawyers can navigate complex cases, working towards compensation to the full extent of the law and seeking accountability against at-fault parties on your behalf.

Shortlist Lawyers With Litigation Experience

It’s essential to hire a car accident attorney with not only experience but also the commitment to advocate for your rights and work to determine potential avenues for compensation. A lawyer can assess your damages and review settlement offers to help you make informed decisions about your case.

If necessary, they can represent your interests in front of a judge or jury. So, when shortlisting car accident attorneys, prioritize those who work to build a well-documented case that they can utilize during negotiations and litigation.

What Types Of Compensation Are Available After A Car Accident?

Each California car accident settlement is unique, and compensation depends on various factors, including the severity of injuries, property damage, liability, and insurance coverage. Your car accident lawyer can assist in estimating the value of your claim, gathering evidence, and negotiating with other parties.

If you have been injured in an accident, you may be eligible to seek compensation for:

• Present and future medical costs.
• Anxiety and depression.
• Impairment and disabilities.
• Physical therapy costs.
• Wrongful death damages.
• Wages lost in the present and the future.
• Repair reimbursement.
• Pain and suffering.

Car accident claims lawyers can help you determine the damages that apply to your case. They can also provide an estimate, helping you understand the appropriate value for your specific case.

Punitive Damages And What It Means In California

Courts might award punitive damages in rare cases involving extremely reckless, malicious, oppressive, or deceitful actions. Punitive damages aim to punish the person who caused the harm and are added on top of compensatory damages.

How Much Can You Get For Pain And Suffering From A Car Accident In California?

There is no limit to how much claimants can get for pain and suffering in California. A judge or jury may award you a certain amount based on the severity of suffering, the calculation method used, and how convinced they are of your condition.

Pain and suffering account for both the physical discomfort and the emotional distress a person experiences due to an injury. Physical pain covers immediate and long-term discomfort from injuries, including chronic conditions and physical limitations. Emotional pain involves the mental health issues suffered by car accident victims, such as anxiety, depression, and PTSD from trauma and its aftermath.

In California, compensation for these non-economic damages addresses an injury’s significant, though intangible, impact on an individual’s life. Compensation is determined by the severity of the suffering and its effect on the claimant. It depends on the judgment of a court without a standardized calculation method.

Statute Of Limitations For Filing A Car Accident Claim In California

There is a time limit within which you can file a lawsuit if you have been injured in an accident. This is the statute of limitations. California’s Code of Civil Procedure shows the timeframe for filing different claims. The law states that a person who sustains an injury due to another person’s negligence or wrongful actions has two years from the date of the injury to file a claim.

However, if you want to file a claim against a government agency, you only have six months from the date of the injury. On the other hand, some circumstances may cause the deadline to be tolled or delayed. Some of these situations include the victim being a minor or mentally incapacitated, as well as when the defendant leaves California.

To be sure about the deadlines that apply to your case, consulting an attorney can be beneficial. They can help you keep track of relevant time limits and guide you through the legal process.

A delay in filing can lead to issues further down the line, such as not filing within the statute of limitations, which may void your claim. An experienced car accident attorney can help file your claim promptly and advocate for your legal rights.

What Happens In An Accident Settlement?

You might wonder how the car accident settlement process works. Settlements are often reached outside of court and do not require a formal trial. Having attorneys involved can help address these matters more efficiently.

Alternatively, you can have your attorney represent you in court if you wish to pursue a trial.

When both parties are equipped with the necessary information about the case and the law surrounding it, they consider various factors when making a decision. A few of these factors are:

• Expenses incurred by the parties during a trial.
• How a lawsuit is likely to reach the verdict phase.
• How a verdict would affect each party.

Both parties consider the risk of going to trial or settlement, with advice from their respective attorneys. Parties may pursue a settlement if they determine it will be more cost-effective than going to trial.

How Much Can You Expect From A Car Accident Settlement In California?

The actual amount of your case will depend on the facts of the accident, your injuries, and other economic and emotional losses.

Car Accident Statistics In California

The California Highway Patrol (CHP) reported 216,366 traffic accidents in 2022 that resulted in 3,854 deaths and 165,978 injuries.

On a national level, the National Safety Council (NSC) reported that roads became less safe in 2021. This was due to a number of factors, including fatal crashes where people weren’t wearing seat belts, were speeding, or were drunk. According to the National Highway Traffic Safety Administration (NHTSA), about 42,939 people died in motor-vehicle crashes in 2021. This number is a huge leap compared to 42,338 in 2020 and 39,107 fatalities in 2019.

There were also an estimated 42,925 motor-vehicle deaths in 2022.

Preliminary estimates project a decline in motor vehicle fatalities. The year concluded with an estimated 40,990 deaths, a 3.6% decrease from 2023. While vehicle miles traveled increased by 2.1% compared to the previous year, the death rate per mile driven dropped by 6.2% to 1.36, a significant improvement over the 1.45 rate in 2022.

The National Safety Council (NSC) estimated that a total of 5.1 million people were treated for motor vehicle injuries in 2023.

Apart from injuries, car accident lawyers can also handle fatal car accidents. They can assist the eligible family members in pursuing damages through a wrongful death claim.

Frequently Asked Questions

What Are The Typical Fees For A Personal Injury Attorney In California?

Contingency fee agreements prevent you from paying your attorney up front. If your case results in a settlement or verdict, your lawyer is paid from the compensation received. If there is no compensation, you do not need to pay any attorney’s fees. Case-related costs may still apply regardless of the outcome.

You will learn more about your personal injury lawyer’s contingency payment structure during your consultation. Attorneys’ fees depend on the complexity of your case. Your lawyers will also discuss other case-related costs that will be charged separately before you sign any agreement.

How Much Can A Lawyer Take From A Settlement?

There is no specific cap on how much a lawyer can take from a settlement.

However, you don’t need to worry about overcharging since attorneys are bound by the Unconscionability Standard. Rule 1.5 of the California Rules of Professional Conduct prohibits lawyers from charging unconscionable or illegal fees. Your lawyer can explain the costs and more during your case onboarding process.

What Is The Process For Determining Fault In A Car Accident In California?

An insurance adjuster speaks to the parties involved, reviews medical bills and records, and reviews the police report. Using this information, the adjuster determines who is responsible for the accident.

The law of comparative negligence governs how California determines fault in a car accident. As a result, each driver’s responsibility level will be considered. The victim may be able to seek damages up to the extent of the other driver’s negligence.

What Should I Do If The Insurance Company Is Challenging To Work With?

Consider hiring an attorney before talking to the insurance company. Once you submit a claim, the insurance company will conduct an investigation to determine liability and offer a settlement. An experienced car accident lawyer will evaluate your case, determine if the offer reflects your actual losses, and offer guidance on whether to accept or deny an offer.

How Can A Car Accident Attorney In California Help Me With My Insurance Claim?

Accidents can cause significant injuries that can take years to heal, and in some cases, the victims never fully heal. The goal of a car accident lawyer is to assist victims in pursuing compensation for the harm caused by other parties.

Here’s how they’ll do that:

• Navigating Insurance Policies — Attorneys understand the complexities of insurance policies. They can review your coverage, identify potential benefits, and assist you in seeking compensation.
• Investigating the Accident — Lawyers gather evidence, interview witnesses, and work with accident reconstructionists to investigate the case. This can support your claim against the at-fault party.
• Negotiating With Insurers — Attorneys negotiate with insurance companies on your behalf. They aim to pursue a settlement that covers medical expenses, property damage, lost wages, and pain and suffering.
• Filing Legal Documents — Lawyers handle paperwork, including filing insurance claims, demand letters, and court documents if necessary.
• Representing You in Court — If negotiations fail, a car accident attorney can represent you in court. They can present your case and advocate for your rights in front of the insurers, at-fault parties, and the jury.

What Is The Process Of Working With Car Accident Lawyers In California?

Discussing options and calculations, signing, gathering evidence, demand letters, settlement negotiations, and, if necessary, court action are all part of the initial consultation process. Very often, a demand letter is the first step. Your attorney will send this to the other driver and sometimes the insurance company. This letter will list the facts, the costs, and the damages you are suffering due to the accident.

This can be the beginning of a legal problem, but it can also be the beginning of a legal solution. Don’t accept an insurance company’s offer to settle without discussing it with an attorney.

When demand letters don’t work, personal injury lawsuits are the next step. Many are settled before trial. Again, let the lawyers handle this. They have experience with how these processes work.

Medical costs can be substantial after a car accident. Many suffer permanent damage and significant health care costs every year. Compensation may be available, even if you were partly at fault.

Should I Get A Lawyer For A Car Accident That Wasn’t My Fault?

Consider getting a lawyer if you’ve been injured in a car accident. A car accident lawyer works to assist you in pursuing compensation for any injuries, lost wages, and other damages you’ve sustained. Legal representation can be especially important when dealing with insurance companies.

Should I Get A Lawyer For A Car Accident That Was My Fault?

If you feel like you’re partly to blame for your accident, consult with a lawyer to understand your options. Certain states, including California, follow a “pure comparative negligence” law.

Under the law, plaintiffs may still be able to seek damages even when they are 99% at fault. However, it’s essential not to admit fault until you’ve consulted an attorney. For example, upon review of all evidence and witness statements, you were found to be 30% at fault. That means that you may still be allowed to file a claim for 70% of the damages. If the total dollar amount of the settlement is $1,000,000, you may still be eligible to pursue up to $700,000.

Your accident lawyer can provide you with more insight as to how this system applies to your specific case.

Does Insurance Pay You If The Car Accident Is Your Fault?

You may be able to file a claim with your insurance, depending on the type of coverage you have.

You would need a fully comprehensive car insurance policy to pursue compensation if you were at fault for the accident. The collision coverage and MedPay add-ons are typically applicable regardless of fault.

Even if you’re not to blame, you may have major difficulties trying to seek damages without the help of a car accident lawyer. An attorney works to help you determine potentially liable parties.

What Questions Do Insurance Companies Ask After An Accident?

Be cautious about what you say to your insurance company.

Apart from your basic information, insurance companies might ask you the following questions pertaining to the accident:

• How did the accident happen?
• How long ago was the accident?
• Where did the accident occur?
• Does the vehicle have any other passengers?
• Was there anyone else in the other vehicle?
• What led to the accident?
• Were there witnesses present during the accident?
• What injuries did you sustain?

Again, do not admit fault. Only stick to the facts of your accident, specifically the time and place. Your insurers can get other details from many sources of information, including police reports.

Should I Get A Lawyer For A Fender Bender?

Fender benders are usually minor and are often resolved without needing legal proceedings. There are times, however, when a fender bender does cause significant injury to a person. If your collision involved substantial damage or liability is unclear, call a personal injury attorney to assist you with the process.

What Is Considered A Minor Car Accident?

Minor car accidents involve small impacts, causing slight damage or injuries. Here are examples of minor car accidents:

• Sideswipes — This type of accident happens when two vehicles lightly touch sides. A sideswipe accident usually occurs during lane changes or when drivers don’t check their blind spots.
• Rear-End Collisions — These involve one vehicle bumping into the back of another at low speed, commonly resulting from distractions or sudden stops.
• Fender Benders — These happen at low speeds, causing small damage to the car’s front or rear bumper. They typically occur when vehicles are closely following each other.
• Parking Lot Incidents — These are minor collisions at low speeds in parking areas, often due to tight spaces or limited visibility.

Consult with lawyers who handle car accidents, even if you think it’s just a minor incident. There are numerous nuances to damages and liability, even in seemingly simple cases.

When Is It Too Late To Get A Lawyer For A Car Accident?

If you’ve already accepted a settlement and signed a waiver releasing the other party from liability, it might be too late to hire a car accident lawyer. Additionally, if you fail to file a claim within the statute of limitations, you may forfeit your eligibility to seek compensation. Other than that, there is no specific time limit for getting a car accident lawyer.

How Long Do Car Accident Settlement Payouts Usually Take?

It may take several weeks or months to receive settlement funds from an auto accident. This time frame includes finalizing the settlement, processing by the insurance company, and addressing any liens. Settlement checks are usually issued to both the lawyer and the client. Then, they’re deposited into a trust or escrow account until they clear, after which the funds are distributed.

Can An Undocumented Immigrant File A Claim For Personal Injury?

If you live in California, you may be able to file a personal injury claim for injuries suffered in any kind of accident, depending on the specifics of your case. Your immigration status has nothing to do with your eligibility to sue those responsible. Depending on eligibility, if you are the next of kin of someone who was killed in an accident, you, too, may be able to file a wrongful death lawsuit regardless of your immigration status or that of the deceased.

If I Don’t Speak English, Can I Still Hire A Car Accident Lawyer?

Our law firm is committed to providing legal services to injured victims, regardless of what language they speak. Contact us if you prefer to talk in your native language so we can find a way to accommodate your communication needs.

Speak To Our Car Accident Attorneys At Call Arash Law

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​​If any aspect of your accident is in any way complicated, consult with an experienced accident attorney. The case may never go to court, as many cases are settled outside of the courtroom, but they are prepared to take legal action to help you pursue a legal claim against the at-fault parties. Your California personal injury attorney will help you navigate the claims process and advocate for your rights.

The dedicated legal team at Arash Law has decades of experience representing car accident injury victims. We offer our legal services in San Francisco, Riverside, San Jose, San Diego, Sacramento, Sherman Oaks, and throughout California.

We offer free initial consultations. Call us at (888) 488-1391 or contact us online to know if you have a case.