It is helpful to know some basic facts regarding California car injury laws if you have been involved in an accident in any way. As a pure comparative fault state, the driver who is at fault for the accident pays for car accident claims or injuries that arise.
You may recover damages even if you were partially at fault. This means if you were 10 percent responsible for the accident, you can bring a California auto accident lawsuit, but your damage award will be reduced by 10 percent.
Fault is determined either by:
1) The insurance companies of both parties who look at both sets of testimonies, as well as information from police, witnesses, and experts. If the insurance companies agree, the insurance company of the at-fault driver will pay.
2) The court will decide who is at fault and what the appropriate settlement is if the insurance companies disagree.
What To Do In The Event of A Car Accident
Confusion is a natural state for anyone involved in a car accident. Try to remain calm and see if you can help, or call for help. Take notes relating to the accident such as time, location, damages sustained, witness names and contact information, etc. While you should cooperate with law enforcement officials, do not accept any degree of blame until speaking with your insurance company and/or an attorney.
After an accident, see a physician if you experience abnormal pain or symptoms. Report the accident to your insurance company right away, and discuss next steps with your attorney to recover money for lost wages, injuries, and damage.
Recover Damages for Your Injuries
Individuals can negotiate directly with the insurance company without filing a claim or lawsuit, or they can send a demand letter with details related to the car accident and the amount of money required for damages and injuries.
Filing a claim with a car accident lawyer from 1-800-THE-LAW2 may be best if the insurance company offers a low settlement, if an appropriate number cannot be agreed upon, or if the accident injuries were severe and/or lead to death.
You can recover additional damages by filing a lawsuit, including damages for pain and suffering and emotional distress resulting from the accident. You may also be able to recover punitive damages under California car injury laws if you can prove the defendant acted with malice in causing the injuries.
When to File Your Lawsuit
A lawsuit may be filed within the two-year statute of limitations set forth for California auto accident claims. Typically, this means within two years from the date of the accident. However, if you suffer an injury that you were unaware of right away, you can still file the claim within two years of the date you first become aware of the injury.
What You Can Recover
An experienced attorney from 1-800-THE-LAW2 can help you build a case to recover damages for:
- Lost wages
- Medical bills
- Pain and suffering
- Emotional distress
- Wrongful death
- Loss of companionship or consortium
Call us 24/7, 365 days a year. We speak English and Spanish.