Los Angeles Car Accident Lawyer

Los Angeles Car Accident Attorney

Car accidents happen every day in various ways throughout the Los Angeles area, and an injured victim is likely to have many pressing legal questions about their recovery options. If you or a family member has been injured in a car accident, you need to speak with an experienced Los Angeles car accident lawyer as quickly as possible to discuss your recovery options. The right attorney can guide you through your proceedings and help you recover as much as possible.

Representing Car Accident Victims in Los Angeles, CA

Duque & Price can provide the legal representation you need in the aftermath of a car accident in Los Angeles. Our firm has years of experience helping injured drivers recover from accidents caused by the negligence and illegal misconduct of others, and we can leverage this experience in your recovery efforts. The faster you contact our team, the sooner we can get started building your case.

While most auto collision cases follow similar procedural rules when it comes to proving fault and recovering compensation for damages, every car accident victim will have unique individual needs and concerns when it comes to resolving these situations. Our team will meet with you to listen to your story, learn as much as we can about your accident and the effects it has had on your life, and provide our professional insights for your recovery options.

Ultimately, you have the greatest chance of recovering as fully as possible from your recent car accident when you have legal counsel on your side. You can rely on our firm to help you gather the evidence you must have to prove fault for the accident, guide you through the insurance claim filing process, and assist you with building a cohesive personal injury suit against the at-fault driver if necessary.

Proving Liability in a Car Crash in Los Angeles

In the state, the fault rule applies to all motor vehicle accidents. This means that if you intend to seek compensation for damages you suffered in a recent accident, you will first need to identify the party you believe to be responsible for causing the accident and prove they are directly liable for the damages you suffered. Whether the fault is clear or you have no memory of the accident, the right attorney can be an invaluable asset for helping you to prove fault.

Most of the car accidents reported throughout Los Angeles and surrounding areas result from driver negligence, and this can take many forms. Some of the most commonly cited forms of driver negligence in Los Angeles auto collision cases include:

• Distracted driving. Anything that diverts a driver’s attention away from operating their vehicle safely can potentially cause a serious accident. Your Los Angeles car accident lawyer will know what evidence you must have to prove an at-fault driver was distracted behind the wheel.
• Speeding. Whenever a driver exceeds posted speed limits, they not only increase their risk of causing an accident but also the severity of any resulting injuries. Catastrophic and fatal injuries are more likely to occur when accidents happen at high speeds, and speeding is one of the top contributing factors to fatal crashes throughout the state each year.
• Poor vehicle maintenance. All drivers have a responsibility to ensure their vehicles stay in good working condition. When any mechanical issue is detected, the driver must have the vehicle checked and repaired in a timely manner. Failing this, they could face liability if a mechanical issue with their vehicle was left unaddressed for too long and caused an accident.
• Moving violations. When drivers disrupt the flow of traffic, fail to yield the right-of-way, perform illegal turns, or run stop signs or red lights, they can easily cause serious accidents. Traffic camera recordings and witness testimony are often valuable pieces of evidence in car accident claims arising from moving violations.

Proving negligence requires a few key elements. First, the plaintiff must show the defendant held duty in the situation and that they breached that duty in some way. Next, they must show that this breach of duty resulted in actual harm to the plaintiff. Finally, they must prove the full extent of the damages the defendant caused, and they must establish causation between the defendant’s negligence and their claimed damages.

While most accidents happen because of driver negligence, they can also occur when drivers intentionally break the law. The most common way this happens in Los Angeles is intoxicated driving. Whenever a driver causes an accident through illegal misconduct, they face criminal charges as well as civil claims for damages from those they have injured with their actions.

If you believe your accident was the result of any type of illegal misconduct, your Los Angeles car accident lawyer can help you understand the implications this could have for your recovery efforts. You could potentially recover compensation for your losses along with punitive damages and/or restitution to reflect the illegal nature of the defendant’s actions. However, your case may take longer to resolve.

Understanding Comparative Fault in Car Accident Claims

While many car accidents are the fault of a single driver, it is also possible for multiple drivers to share liability in an accident. This could mean that a single plaintiff may need to pursue recompense for their damages from multiple defendants, but it may also mean that a plaintiff shares fault with a defendant for causing an accident.

The state upholds a pure comparative fault rule that will apply to such a case. Under this rule, each liable party has a fault percentage assigned to indicate their respective levels of responsibility for causing the damages cited in the claim. If a plaintiff is found partially liable, their percentage of fault will dictate how much of their case award they will lose as a penalty. There is no percentage of fault that will prevent the plaintiff from claiming compensation.

If you have any concerns about bearing partial liability for your recent accident, your Los Angeles car accident lawyer can help you determine the optimal ways to minimize any fault percentage assigned to you. Comparative fault may diminish your recovery through both insurance and a personal injury suit, but the right attorney can help you retain as much compensation as possible.

Filing Your Auto Insurance Claim in Los Angeles

California law requires all drivers to have car insurance that meets minimum coverage requirements for bodily injury liability coverage and property damage liability coverage. When a driver causes an accident, their insurance policy will go toward paying for any damage they caused to others. However, insurance claims can be challenging in several ways, and it is prudent to have an experienced Los Angeles car accident lawyer help you file your claim.

An insurance company will almost always push back against a claim in whatever way they can. Most insurance companies train their representatives to look for ways to deny claims outright or justify the smallest possible settlement offers. Some will even try bad faith tactics in their efforts to take advantage of injured claimants who are desperate to secure recompense for their losses, but they are less likely to attempt these tactics if a claimant has legal representation.

Your Los Angeles car accident lawyer can help you file your claim to the at-fault driver’s insurance company, and they will ensure your claim is handled in good faith. If the at-fault driver does not have insurance, you may be able to claim through your own policy if you have uninsured motorist coverage. If not, or if the at-fault driver’s policy cannot fully cover your losses, you will need to prepare a personal injury suit to recover any remaining damages.

Building Your Personal Injury Case for a Car Crash in Los Angeles

A personal injury case is a civil claim for damages in which an injured plaintiff seeks recompense for the losses they suffered because of a defendant’s negligence or misconduct. In order to succeed with the claim, the plaintiff must prove that the defendant’s negligence or illegal act directly caused actual harm, and they must be ready to prove the full extent of their losses. They must also prove they directly resulted from the defendant’s actions and not another cause.

Car accidents can easily cause a host of serious injuries, including broken bones, traumatic brain damage, spinal cord injuries, and more. The victim could face mounting economic strain from their medical bills, vehicle repair costs, and inability to work, and they may face an uncertain future due to the severity of their injuries. This can be a desperate situation, and it will be essential for the victim to prove fault for their accident to recover recompense for their damages.

Whether you know exactly how your recent car accident happened or you have little recollection due to the injuries you suffered, proving fault so you can succeed with your personal injury case is likely to be far more challenging than you may initially expect. Your Los Angeles car accident lawyer can help you gather the evidence and witness testimony that will form the foundation of your claim and ensure you meet all necessary court filing deadlines.

Proving fault is just part of the initial challenge of your case. You must also be ready to prove the full extent of the damages you suffered and prove that the defendant directly caused them. Under the state’s personal injury statutes, it is possible for an injured plaintiff to claim compensation for economic damages, including:

• Property losses, such as vehicle repair and replacement costs. Auto insurance could potentially cover some of these damages, but any property damage that cannot be recovered through insurance may be claimed as economic damages in a personal injury suit.
• Medical expenses. Most personal injury claims pertain to physical harm. The defendant, in your case, is responsible for the cost of all the medical treatment you require to recover as fully as possible from the accident they caused. This includes the cost of any future treatment you may need to manage severe injuries from the accident.
• Lost wages. If you are unable to work in the aftermath of your accident, the defendant is liable for the wages you are unable to earn during your recovery period. This applies to lost future earning capacity as well if your injuries have left you permanently disabled, and you will not be able to return to work in the future. Your attorney can help you accurately calculate these future losses.

The average plaintiff may be able to calculate immediate economic damages resulting from their accident, such as the cost of repairing their vehicle and their hospital bills, but if they suffered long-term damages, they would need an attorney’s help to accurately value these projected losses. In addition to their financial damages, they will also have the right to claim compensation for your pain and suffering.

State law does not place a cap or limit on compensation for your pain and suffering in vehicle accident cases. This means the plaintiff has the right to seek whatever amount they believe to be reasonable to reflect the scope and severity of the harm they suffered. Generally, the more serious the plaintiff’s injuries, the more likely they are to obtain compensation for pain and suffering.

Your Los Angeles car accident lawyer can help you determine a reasonable amount of compensation for your pain and suffering to seek with your claim. If you sustained any life-changing and/or permanently disabling injuries, your compensation for your pain and suffering could form the bulk of your total case award. Duque & Price aims to help every client we represent maximize their compensation as fully as state law permits.

Punitive Damages in Car Accident Claims

If your accident was the result of another driver breaking the law, they are likely to face criminal prosecution from the state. This could translate to a larger recovery for you if the judge handling your personal injury case decides to award punitive damages. The amount paid will typically depend on the financial status of the defendant and the severity of their actions.

It is also possible to receive restitution as an element of their criminal sentencing. Ultimately, this type of case may be more challenging and time-consuming to complete, but it could result in more compensation than you may have originally expected. Your Los Angeles car accident lawyer can be an invaluable asset for navigating any such complexities in your case and ensuring you receive appropriate compensation to reflect the defendant’s illegal actions.

Resolving Your Personal Injury Claim in Los Angeles

Many of the personal injury cases filed in Los Angeles each year are resolved privately through settlement negotiations. When possible, settlement allows the parties involved in the case to negotiate terms to resolve the claim more quickly than litigation would permit. However, for settlement to be a viable option, the defendant must accept liability, and both parties must be willing to compromise on mutually acceptable terms.

During settlement negotiations, the plaintiff and the defendant meet privately, along with their respective legal representatives, to negotiate the claim. If a settlement is successful, they can resolve the case in a fraction of the time that litigation would require. However, if the defendant denies liability or if a settlement does not produce a result, the case will need to be resolved through litigation, and this will take much longer.

What You Should Expect From Your Los Angeles Car Accident Lawyer

The right attorney on your side can be a tremendous asset in several ways when it comes to resolving a motor vehicle accident claim in Los Angeles. You can rely on your attorney to help you gather the evidence and witness testimony you must have to prove fault, and they can meet court filing deadlines and other procedural requirements for you as you recover from your injuries.

When it comes to dealing with insurance companies, you are more likely to receive an acceptable settlement offer swiftly if you have an attorney representing you. They can ensure that your claim is handled in good faith, and after receiving your settlement offer, they will determine whether further legal recourse will be necessary to ensure the fullest possible recovery.

Duque & Price approaches every personal injury case with the goal of helping our clients recover as much as possible while streamlining their proceedings in whatever way we can. We have many years’ experience handling a wide range of complex cases and we can leverage this experience on behalf of our clients. We know how to confront insurance carriers and how to build cohesive and effective personal injury cases.

You are likely to have many pressing legal questions in the aftermath of your recent accident, and you have a limited time in which to pursue your recovery. Connecting with an experienced attorney as quickly as possible is the most effective way to ensure a positive outcome to your claim, and the sooner you find the right Los Angeles car accident lawyer, the more likely you are to achieve a positive outcome to the recovery efforts you intend to pursue.

FAQs

Q: What Is My Car Accident Claim Worth in Los Angeles?

A: The value of your car accident claim in Los Angeles depends on the scope and severity of the damages you suffered. You have the right to seek full compensation for any economic losses you suffered in the accident, as well as compensation for your pain and suffering. An experienced Los Angeles personal injury lawyer is the ideal resource to consult to accurately determine the full potential value of your claim.

Q: How Long Do I Have to Recover From a Car Accident in Los Angeles?

A: The time you have to recover from a car accident in Los Angeles is limited in several ways. You need evidence to prove fault, and the evidence you need will be most reliable when gathered as quickly as possible after the accident. You also have a time limit for filing an auto insurance claim, and if you need to file a personal injury suit against an at-fault driver, you will need to do so within the statute of limitations, or you will lose your chance to file your claim.

Q: What if the At-Fault Driver Does Not Have Auto Insurance?

A: If the at-fault driver does not have auto insurance, they are personally responsible for any damage they cause. You may be able to claim compensation from your own insurance policy if you have purchased uninsured motorist coverage; otherwise, you will need to prepare a personal injury suit against the at-fault driver in order to collect recompense for the damages. Your attorney can advise you of the optimal steps to take in this situation.

Q: Why Do I Need a Los Angeles Car Accident Lawyer?

A: You need a Los Angeles car accident lawyer because your case could be more challenging than it appears at first, and you may encounter legal obstacles that you will not be able to overcome on your own. Hiring an experienced attorney significantly improves your chances of not only succeeding with your recovery efforts but also maximizing the results you obtain and doing so in the shortest possible timeframe.

Q: What Will It Cost to Hire a Los Angeles Car Accident Lawyer?

A: Hiring costs for a Los Angeles car accident lawyer will only be a percentage of your case award if you choose Duque & Price to represent you. We take all personal injury cases on a contingency fee basis, meaning our client pays our firm a portion of the compensation we recover on their behalf. We only take this fee after we win the case, and there are no upfront fees for our legal representation.

Duque & Price has helped many car accident victims in Los Angeles and surrounding areas recover from their experiences, and we are ready to help you with your car accident claim. You have a limited time to pursue your recovery, so it’s vital that you find an attorney as quickly as possible. Contact us today and schedule your free consultation with an experienced, trustworthy Los Angeles car accident lawyer.