A car accident can happen in the blink of an eye on the bustling streets of Murrieta and California traffic law can be unnerving and leave you bewildered. Damage to your person and vehicle conjure up visions of mounting bills and increased insurance premiums. Who is going to pay for the repairs on your car? Who is responsible for the expensive medical bills? When can you go back to work?
What should you do if they start accusing you of causing the accident? You may know that the accident was not your fault, but the other party claims differently and now you’re faced with a he said/she said scenario. Once the accident has happened and you’ve exchanged information, what do you do next?
Filling out all of the claim forms and settlements can be immensely difficult on your own. After an auto accident, victims can feel alone, distressed and desperate. You may be tempted to accept a quick settlement just to put the whole incident behind you, but this may not be in your best interest in the long run. Fortunately, an experienced attorney is just a phone call away!
You need knowledge and experience on your side when fighting for your rights. An experienced attorney can investigate the accident, answer your questions and file your paperwork to ensure that your case is properly prepared and filed within the time limit required by the court. Your initial consultation will allow your attorney to review your case and determine whether or not you are entitled to compensation for damages.
Unfortunately, personal injury cases tend to be tedious and time-consuming. Without an attorney, you may find the process tiresome and strenuous, especially when the other party or insurance company is armed with a team of attorneys on their side.
Without a thorough knowledge of the intricacies of traffic law and statute of limitations for filing a case, your lawsuit can be over before you even enter a courtroom. Your attorney knows the timeline required as well as how to fill out and file the extensive paperwork a lawsuit includes. Too many victims of car accidents are unable to collect the damages they deserve because the paperwork was filed too late or documents were improperly filled out or missing altogether. Don’t let this happen to you!
California traffic law includes a clause for Shared Fault claims. The courts can actually rule that you are also to blame for the accident if the defendent in your case argues that both parties are at fault. A lawyer can explain this clause and the possible implications that may effect the amount of compensation you receive.
Example of Shared Fault Claim:
Let’s assume that the defendant who hit your car ran a stop sign. Let’s also assume that you were driving 10 miles over the posted speed limit. The attorney for the other party might argue that you take on a percentage of the blame. If the court finds you to be 10% at fault for the accident, your lawsuit for $20,000 in damages to your car and person may be reduced to $18,000 once your fault is subtracted.
There are often exceptions to the rules that you may qualify for but not even know about. An attorney can find these exceptions to ensure that you receive the compensation you are entitled to.
For example, California law places limits on financial gains for certain types of damage. An uninsured driver may not be eligible to collect the full compensation that those who have insurance may be entitled to. Damages such as pain and suffering, that does not have a determinable monetary amount to award, may not be awarded to an uninsured driver under California law.
In the end, your personal injury attorney is your fiercest advocate in court. At the Murrieta Law Offices of Brent A. Duque, we maintain a staff of a highly professional, knowledgeable, aggressive and successful car accident attorneys who represent injured people through our offices that stretch across Southern California. Time limitations apply to any injury claim you might have, so for purposes of investigating a possible case and possibly preserving evidence, it’s best for you to contact us immediately after an accident.
Contact our Murrieta Personal Injury Attorney at 1-877-241-9554 to learn more about your legal options. A free consultation is just a phone call away. You can even use our online contact form, and we’ll reply to you quickly.
Liability in car accidents varies depending on the incident. Usually, at least one of the drivers of the vehicles involved in the crash is at fault. It comes down to showing who had a duty of care, breached their duty, and whose actions led to the accident.
In drunk driving accidents, for example, the driver has a duty of care to other road users, but breaking drunk driving laws violates their duty. If they crashed their car, hit someone, or caused someone else to crash because of how they were driving, then they are most likely liable.
Sometimes, a defective car causes an accident. In this case, the manufacturer is liable- or the mechanic who performed faulty repairs.
Personal injury lawyers investigate the incidents using witnesses, police reports, and medical records to determine and prove fault and liability after a car accident.
The types of injuries seen in car accidents vary greatly. Minor collisions often result in cuts and abrasions, fractures, or soft tissue damage. A more serious car accident can lead to broken bones, head injuries, brain trauma, and spinal injuries.
Some of the most common car accident injuries in California (based on reports from the Insurance Research Council include:
A Murrieta car accident attorney can assist in wrongful death lawsuits following fatal car accidents. Working with a trusted and dedicated personal injury law firm and legal team is vital for helping those who have lost a loved one get the compensation and justice they deserve.
After being involved in an auto accident, the first thing to do is call the police and get medical attention. It is important not to leave the accident scene until the police or emergency services instruct it. Otherwise, it could work against a person in a claim.
Another thing to do immediately is to get the contact and insurance details from any other parties involved in the accident.
If the person is able to do so, they should take photographs and speak to witnesses. Contact a car accident attorney as soon as possible.
Any person injured in a car accident can make a personal injury claim. It doesn’t matter how minor or severe the harm is- they are still entitled to compensation or at least repayment of medical costs. The person at fault in the accident is unlikely to be able to make a claim unless their car accident lawyer can prove comparative fault or liability from another party.
If a victim is killed in the accident, or severely injured to the point of incapacitation that could last longer than the statute of limitations, a family member can claim on their behalf. In Murrieta, California, the order in which family members can make a claim is as follows.
There are two categories of compensation in any car accident claim: economic damages and non-economic damages.
The economic damages in a car accident are the things with a quantifiable dollar amount, including medical bills, emergency treatment costs, lost wages, property damage, and other out-of-pocket expenses.
Non-economic damage does not have a specific monetary value but still warrants compensation. This includes mental anguish, pain and suffering, and the long-term impact a victim’s injuries will have on their quality of life.
Personal injury lawyers fight to maximize the claims for non-economic damages and ensure all economic damages are repaid.
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