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? The short answer: definitely.

A good attorney can help you through the legal maze, handle tough insurance adjusters, and make sure you get the compensation you deserve. They take care of the paperwork and negotiations and, if needed, represent you in court so you can focus on healing while they handle the rest.

Why Do I Need A Car Accident Attorney In California?

When it comes to car accidents in California, it’s almost always a good idea 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 specializing in 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 suffered injuries from car accidents all over the country, while 2022 saw 5.2 million medically consulted injuries. A motor vehicle accident lawyer can help you navigate the legal mess, an almost unavoidable outcome of an accident.

Under California law, proving negligence in speeding-related accidents is fairly straightforward. However, establishing fault in other types of crashes, especially ones involving multiple at-fault parties or a large corporation, is 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 simply negotiate your insurance claims yourself. With many factors involved, navigating the claims process without legal representation can quickly become a nightmare.

Moreover, car accidents often involve factors beyond just speeding, which can complicate the issue of liability. Distracted driving, driving under the influence, poor 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. Dealing with these problems is what an experienced accident attorney for car crashes can do for you. Contact a personal injury attorney immediately after a car accident.

What Can A Car Accident Lawyer Do For You?

Car accident lawyers take on plenty of roles for their clients. Besides assisting you in filing your claim, they can negotiate with insurers and provide legal advice. The bottom line is that personal injury lawyers are there every step of the way.

Here are some important things good auto accident attorneys will 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 is worth it, regardless of your financial standing. Here’s what an experienced car accident attorney can bring to the table:

They Have 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. Hence, you feel more confident dealing with the legal system if you have a car accident lawyer on your side.

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 ensure you get a favorable outcome.

They Provide Proactive Investigation

Insurance companies usually try to blame you so they don’t have to pay. Hiring a car accident lawyer can help prove your innocence and claim compensation by determining who is responsible 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 reconstruction experts to bolster 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.

They Can Work With Strict Deadlines

California’s statute of limitations for personal injury claims involving auto accidents is two years from the accident date. A competent lawyer for car accident cases will know how to work within these deadlines and procure all necessary documentation and evidence. A claim must be filed within the specified time frame; otherwise, you will forfeit your right to compensation.

They Can Recover Medical Expenses And Other Accident-Related Costs

A car accident attorney can assist you in obtaining reimbursement for immediate and future medical expenses and lost income. These expenses 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.

It’s advisable to seek medical attention after a car accident, even if you don’t think you’ve been injured. Some injuries may not manifest immediately but may show up days, weeks, or months later.

They Can Negotiate With Insurance Companies

Avoid the costly mistake of going against big insurance companies on your own. If you hire a car accident lawyer to represent you in settlement negotiations, you will have a better chance of receiving just compensation. Attorneys understand the complex legal system and can protect you from insurance company tactics. They possess the negotiation skills and legal knowledge to counter lowball offers and advocate for a fair settlement.

They Can 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 can still receive 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, contrary to state laws, some insurers don’t always act in good faith. They may assume policyholders don’t know their rights and try to take advantage.

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

They Offer A “No Win, No Fee” Policy

Car accident attorneys typically work on a contingency fee basis, which means they only get paid if they win your case or obtain a settlement for you. Fees are based on a percentage of your compensation (usually between 30% and 40%). The percentage will vary depending on multiple factors, including the case’s complexity, the amount of work needed, and the attorney’s experience.

Fees are agreed upon in writing before the lawyer begins working on your case. If the lawyer does not win your case, you are not responsible for any legal fees or expenses.

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 figuring it out.

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

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

Whether you qualify for compensation after a car accident is a question that we can help you answer. You can fill out our “Do I Have A Case?” form now. If the circumstances of an accident prove complicated, your lawyer may consult with accident reconstruction professionals or investigators for insight. Listen to your car accident lawyer‘s advice to make the claims easier.

Reasons To Get A Lawyer After A Car Accident

Immediately after a car accident, you are likely to feel emotional and anxious in addition to suffering from physical pain. Now is not the time to make your life more challenging by handling the case yourself. In almost all car accidents, you should consult with good accident lawyers regarding your case. Sometimes, people can be nervous about contacting a lawyer for many reasons. However, you should do so immediately if any of the following applies to your car accident case:

• You sustained a severe injury that appears to be long-term, permanent, or life-threatening.
• Multiple people sustain any kind of injury, severe or otherwise.
• 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.

Every item on the above list has the potential for significant financial impact. After an accident, you should be focused squarely on your path to recovering from your injuries. Collecting all the information required to bring a claim can be an arduous and challenging process. It would be best left in the capable hands of an experienced car accident lawyer.

When Not To Get A Lawyer For A Car Accident

Knowing how beneficial a lawyer is, it might be tempting to hire one immediately without considering the circumstances of your accident. However, it’s best to consider first if 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 from a car accident lawyer might not be necessary.

Otherwise, you should immediately call a personal injury lawyer to handle your case. If you’re injured in a collision, call an attorney specializing in car accidents right after receiving medical attention.

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.

However, attorney fees are deducted from the settlement amount once the case concludes in many personal injury cases. This arrangement, known as the “contingency fee payment structure,” ensures that you won’t owe any legal fees if you don’t receive any compensation from your claim. Thus, there’s no need to stress over these costs upfront.

However, it’s a good idea to understand the costs of car accidents. While every car accident is different, there are some common costs typically associated with these cases:

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 that will ultimately determine who was at fault in the accident. The sooner that happens, the sooner you are on the way to recovering compensation for damages.

Common Causes Of Car Accidents

Human error is the leading cause 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 crashes that could potentially be avoided.

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

Aggressive Driving Behavior

Aggressive 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, leading to 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 destroy 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 immediately.

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 as soon as possible. They will ensure your rights are protected and you receive the compensation you deserve.

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. Hire a lawyer who helps car accident victims navigate complex legal and insurance issues effectively, ensuring a smoother resolution.

Weather And Poor Road Conditions

Poor weather conditions can significantly impact driver visibility and road traction. 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 expert legal representation important.

Mechanical Failures

Vehicle malfunctions, such as brake failure or tire blowouts, can cause accidents. To prevent such failures, you should maintain your vehicle regularly. This also means that pre-driving checks are necessary to ensure your car is in the best 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 navigating these complexities and ensuring your rights are protected.

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 lawyers, who are experts in car accident cases, have helped thousands of victims recover different types of damages.

Here is a list of common car accident injuries that may qualify you for damages:

Stress-Related Or Emotional Injuries

The effects of emotional injuries after car accidents are just 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 and obtaining your rightful 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, leading to 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, leading to massive internal bleeding. It is often fatal if not treated immediately.

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 medical attention immediately. Additionally, contact an auto accident attorney for expert legal advice. Don’t wait to protect your rights. Speak to one of our lawyers for car accident victims today at (888) 488-1391 for a free 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. Recovery 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 expert advice in recovering compensation for medical bills, lost income, and other damages.

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. Here are some you should know about:

• 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 almost always leads to 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 most 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.

Pain from a whiplash injury usually worsens with time. Although some individuals recover from whiplash quickly, healing can extend over several months or more for others.

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 immediately 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. You don’t have to go through this alone. Reach out to one of our personal injury attorneys today.

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. It’s vital to see a healthcare provider promptly after an accident to address any injuries. Your health and recovery 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, leading to a lifelong impact on mobility, strength, and sensation.

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 face’s soft tissues.

The crash can also cause the teeth to chip, crack, or fall out; 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. Recovery from these injuries can take time and require different doctors, including dentists and plastic surgeons. However, physical healing is only part of the recovery journey.

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 assist you if you need legal help or advice about 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 at fault’s insurance company will bear the burden of 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 is needed to navigate these complicated legal matters. They will consider various elements to identify who’s responsible for compensating you.

Fault identifies the party responsible for causing the accident.

• Negligence — This is the most common basis for fault, where a driver fails to act with the care expected of a reasonably prudent person, leading to an accident.
• 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 most car accidents, the individual at fault (driver) is 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 prove 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 recover some damages, even if you are partly at fault.

For instance, if an investigation concludes that both parties are equally responsible, say 50% each, you’re still eligible to claim 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 recover 50% of the damages. A California personal injury attorney may be able to help you build a case that ensures you’re not blamed unfairly.

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

California’s duty of care laws determine fault in a car accident case. 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 most common duty of care breaches in California car accidents:

Remember, navigating the aftermath of a car accident is a complex process, filled with nuances around fault and negligence. Armed with the right information and legal assistance, you can confidently approach this challenging situation, ensuring your rights are protected every step of the way.

Steps To Take After A Car Accident

Car accidents are overwhelming and confusing, especially in the moments immediately following the incident. Knowing the right steps to take can greatly alleviate stress and ensure the situation is handled as smoothly as possible.

Here’s a helpful guide on what to do after a car accident to protect yourself and your interests.

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 as soon as possible.

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 Should You Say When An Insurance Company Calls?

Expect the defendant’s insurer to call after a car accident, but be careful. Insurers often mislead injured people and their families about their compensation rights. They might ask tricky questions and turn the narrative around. Therefore, 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. You may also be pressured to settle for less than you deserve.

Immediately contact Arash Law. We have knowledgeable car accident lawyers who can contact the insurance company directly. As advocates for car accident victims, we are here to protect your rights and defend you from shady insurance practices.

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

A California personal injury attorney can help you in several ways. They will collect reports and other evidence from the police and medical care providers. They will also work with other drivers and their insurance companies so that you don’t have to. Their job is to advocate for you in every way. They will fight for your medical future, health, career, finances, and insurance rates.

Do you need one? If you are wondering, then you probably do. A minor fender bender will not keep you up at night the same way the possibility of losing a limb or family member will. Use this line of thinking when you are wondering whether or not to call a lawyer.

Be very careful with everyone you deal with before you call one. There are a few necessary steps to take after a car accident to maintain a strong claim or defense in a car accident case.

Best believe that insurance providers have a team of people trained to counter your claims. In the first place, these insurance companies do not have your best interests at heart. Even if it means paying you the bare minimum, they will do whatever they can to protect their interests.

You can level the playing field by hiring an attorney after a car accident. They can begin collecting evidence as soon as they take your case.

The process includes the following:

It is not advisable to interact with large insurance companies by yourself. If you’ve suffered losses due to a car accident, you should have a competent personal injury lawyer by your side. They can help you understand your legal rights, determine your losses’ compensation, and explore all your options.

You can trust your lawyer for a car accident to act in your best interest if the insurance company attempts to pressure you into settling for less than you deserve. They can represent your interests as well as negotiate with the insurance adjuster.

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

Your car accident claim shouldn’t be handled by just any lawyer. You should pick someone who is knowledgeable, experienced, and easy to work with. In addition, you should be able to trust your lawyer to act in your best interests.

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

How To Find The Best California Car Accident Lawyers

You can make your car accident settlement successful by taking immediate action after the accident and choosing the right car accident attorney. The previous sections have discussed in depth what actions you must take immediately after an accident under California law. The longer you delay making the decision, the greater your medical expenses and other damages, such as lost workdays.

Searching for an “accident attorney near me?” Here are the things you should 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, see if the firm boasts any accolades or if the lawyers have authored relevant articles.

Another measure you can take is to look up some of the awards your prospective lawyers have garnered throughout the years. Such recognitions indicate the lawyer’s prominence and 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 guarantees 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 Extensive Experience Handling Car Accidents

Specialized laws govern personal injury and property damage, making it important to partner with a lawyer with expertise in car accidents and settlements. 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 strong injury case for you. Choosing a specialized accident attorney boosts your chances of securing maximum compensation for injuries.

Find A Lawyer With A Good Record Of Winning

Pick lawyers with a proven track record in securing maximum car accident settlements. The best car accident lawyers can navigate complex cases, sizable settlements, and challenging at-fault parties using legal expertise. Their history of successful settlements not only assures you of their capability but also fosters trust in the attorney-client relationship. Arash Law has a proven record of success, as evidenced by our results and client reviews.

Shortlist Lawyers With Litigation Experience

It’s essential to hire a car accident attorney with not only the expertise but also the backbone to stand up against insurers and pursue all legal avenues for just compensation. Insurers frequently take advantage of inexperienced lawyers, offering them lower settlements. A veteran attorney willing and prepared to file a lawsuit can compel insurers to present fair offers.

If necessary, they can persuade a jury in court. So, when shortlisting car accident attorneys, prioritize those with a track record of challenging unjust compensations and demonstrating unwavering resolve in the face of adversity.

What Types Of Compensation Can I Receive With The Help Of A California Car Accident Attorney?

Each California car accident settlement is unique and depends on various factors, including the severity of injuries, property damage, liability, and insurance coverage. A settlement can range from a few thousand dollars to millions of dollars. Your car accident lawyer can assist in estimating the value of your claim based on the damages, gathering evidence, and negotiating a fair settlement.

If you have been injured in an accident, you may be entitled to 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

Punitive Damages And What It Means In California

Courts might award punitive damages in cases involving malicious, oppressive, or deceitful actions. Punitive damages aim to punish the person who caused the harm if their actions were done on purpose or were extremely careless. These damages are added on top of any other compensation the injured person gets for their suffering and losses.

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 your 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. The amount awarded 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 to file a claim.

A delay in filing can lead to issues further down the line, and worst of all, not filing within the statute of limitations can void your claim. You can guarantee that an experienced car accident attorney will file your claim promptly and protect your legal rights.

What Happens In An Accident Settlement?

You might wonder how the car accident settlement process works. A settlement does not require a formal courtroom setting with lawyers. Nevertheless, the presence of attorneys speeds up the settlement process out of court.

Alternatively, you can have your attorney represent you in court if you wish to pursue a trial. You can resolve disputes more effectively when aggressive attorneys represent you in court.

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:

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?

Car accident settlements can range from several thousands of dollars to millions. To give you a clearer idea, here are some examples of the car accident cases our law firm has won over the years:

$6,000,000

We represented a client who lost his wife in a head-on collision caused by a drunk driver who crossed the double yellow lines on a two-lane highway. Defense attorneys attempted to dispute the coverage and liability of their insured but were unsuccessful against our attorneys.

$5,000,000

We represented a couple whose peaceful day turned tragic when their car was T-boned by a work truck running a red light. After two years of intense legal battles, we secured a substantial settlement for our clients.

$5,250,000

A negligent driver struck our client, leaving him with paraplegia. We were able to recover the full amount of the policy limits. Furthermore, our attorneys managed to secure additional worker’s comp benefits for our clients.

$4,100,000

After an auto accident in heavy fog, our client suffered multiple broken bones and other orthopedic injuries. Despite the defense lawyers’ years-long efforts to settle unfairly, we secured compensation.

$2,500,000

Our client’s parked vehicle was struck by the speeding defendant driver. Initially, we settled within the insurance policy limits. However, due to delays in processing the payout, we took legal action and successfully recovered $2.5 Million.

These are only a few of the many car accident cases we handled. 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, speeding, or drunk. About 46,980 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 an estimated 46,270 motor-vehicle deaths in 2022, down 2% from 46,980 in 2021 but up 9% from 42,339 in 2020. The mileage in 2022 increased by 0.9% over 2021 and 9.2% over 2020. In 2022, mileage death rates were estimated to be 1.46 deaths per 100 million vehicle miles traveled, down 2.7% from 2021 and stable from 2020.

Preliminary 2023 estimates project a decline in motor vehicle fatalities. The year concluded with an estimated 44,450 deaths, a 4% decrease from the 46,270 recorded in 2022. 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.

A total of 5.4 million people were treated for motor vehicle injuries in 2021, and $498.3 billion was estimated to be the cost of these injuries. In 2022, there was a slight decrease in the number of medically consulted injuries (5.2 million). The overall financial burden of these incidents also dropped to an estimated $481.2 billion. These costs include wage and productivity losses, medical expenses, administrative costs, motor vehicle property damage, and employer costs.

Frequently Asked Questions

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

Contingency fee agreements prevent you from paying your attorney out of pocket. The lawyer receives a settlement or judgment payment if you win your case. However, you owe your lawyer nothing if you lose your case.

You will learn more about your personal injury lawyer‘s contingency payment structure during your consultation. The typical percentage request from the lawyer ranges from 30% to 45% of the settlement or judgment, depending on the complexity of your case.

What’s The Most A Lawyer Can Take From A Settlement?

There is no specific cap on how much a lawyer can take from a settlement. However, the contingency fee percentage for personal injury cases can be anywhere between 10% and 45%. On average, the fees often reach around 33%.

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 recover 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 use all its resources to reduce or deny payment. An experienced car accident lawyer is familiar with insurance companies’ strategies to deny valid claims so they can negotiate on your behalf.

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; in some cases, the victims never fully recover. The goal of a car accident lawyer is to assist victims in pursuing compensation for damages 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 ensure you receive the maximum compensation.
• Investigating The Accident — Lawyers gather evidence, interview witnesses, and reconstruct the accident to establish liability. This helps strengthen your claim against the at-fault party.
• Negotiating With Insurers — Attorneys negotiate with insurance companies on your behalf. They aim to secure a fair 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 present your case, argue for your rights, and advocate for the compensation you deserve.

What Is The Process Of Working With The Best 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 and the number of costs and damages you are now suffering.

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

The insurance company does its best to keep its money. The less they pay you to compensate you for your losses, the more they get to keep. They do this by lowballing you. If they aren’t talking to an attorney in your case, it will be easier for them to take advantage of you.

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

When you do this, you help ensure you will get the compensation you deserve after a car accident. Medical costs can be exorbitant after a car accident. Many suffer permanent damage and permanent health care costs every year. You deserve to be compensated for that. This is true even if you were at fault.

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

Yes, you should consider getting a lawyer if you’ve been injured in a car accident that wasn’t your fault in California. A car accident lawyer can safeguard your rights and help secure the compensation you deserve for any injuries, lost wages, and other damages you’ve sustained. Their presence is especially vital when dealing with insurance companies, as legal representation can often lead to more favorable settlement negotiations.

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, you’ll need to hire a lawyer ASAP. Certain states, including California, have what’s called a “pure comparative negligence” law.

Under the law, plaintiffs can still claim damages even when they are 99% at fault. However, it’s essential not to admit fault until you’ve consulted an attorney. Your accident lawyer can provide you with more insight as to how this system applies to your specific case.

What Happens If I’m At Fault In A Car Accident In California?

Under California’s pure comparative fault system, victims can claim damages even if they contributed to the accident. For example, upon review of all evidence and witness statements, you were found to be 30% at fault. That means that you can still file a claim for 70% of the damages. If the total dollar amount of the settlement is $1,000,000, you can still recover up to $700,000.

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

If you share responsibility for the car accident, you can still recover damages under California’s pure comparative negligence rule. You can seek compensation for the percentage of damages that is not attributed to your fault. You can also make a claim with your insurance, depending on the type of coverage you have.

You would need a fully comprehensive car insurance policy to claim 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 collect damages without the help of a lawyer who specializes in car accident cases. An attorney can help you determine who is really at fault for the accident.

What Questions Do Insurance Companies Ask After An Accident?

Even if you have been injured in an accident, you should be cautious about what you say to your insurance company. Otherwise, you might have trouble recovering compensation for the damages you suffered.

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

What Should You Not Say To Your Insurance Company After An Accident?

Although you may have to notify your own insurance company of the accident, you should be careful what you say. Again, do not admit fault. Even a hint of remorse can jeopardize your claim. 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 damages or liability is unclear, the best course of action is to call a personal injury attorney. Car accidents, even minor ones, are almost always best handled by a lawyer.

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 specialize in 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 limitations, you automatically forfeit your right to compensation. Other than that, there is no specific time limit for getting a car accident lawyer.

How Long Do You Have To Sue After A Car Accident In California?

Personal injury claims need to be filed within the statute of limitations. In California, the statute has a two-year window. As long as you can connect with a lawyer and they can file a claim within this deadline, you can still get compensation for your injuries and losses.

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, the answer to this question is yes. You can file a personal injury claim for injuries suffered in any kind of accident. Your immigration status has nothing to do with your right to sue those responsible. In addition, if you are the next of kin of someone who was killed in an accident, you, too, have the right 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 top-notch legal services to injured victims, regardless of what language they speak. Our multilingual staff can speak with you in your mother tongue if English is not your first language. We speak Hebrew, Tagalog, Korean, Farsi, Italian, and Spanish, among many other languages.

We can provide translation over the phone for all necessary conversations. We also offer in-person translation services during medical visits, depositions, and required hearings. We will front the costs for these services to ensure seamless communication and support for you.

Find Out Why It’s Worth Hiring A Car Accident Attorney. Call Arash Law Today!

​​If any aspect of your accident is in any way complicated, you would be well advised to consult with an experienced accident attorney. The case may never go to court, as most cases are settled outside of the courtroom, but they are prepared to take legal action to secure your maximum financial recovery. Your California personal injury attorney will help you navigate the claims process so you get the compensation you deserve.

The dedicated legal team at Arash Law, led by the esteemed Arash Khorsandi, Esq., has decades of experience advocating for car accident injury victims just like you. We have recovered over $500 Million in personal injury cases in San Francisco, Riverside, San Jose, San Diego, Sacramento, Sherman Oaks, and throughout California.

At Arash Law, we offer a no-win, no-fee guarantee. That means we don’t get paid until you do. Our consultation is free, and there are no hidden fees. We are open 24 hours a day. Call us at (888) 488-1391 or contact us online to get started today.

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