Car Accident CausesCar accidents are generally caused due to the negligent action of a driver. In some cases, the fault can be assigned to no one in particular. For example, if there is particularly bad weather involving fog, snow, rain, or sleet, it could be difficult for everyone to drive, and hidden patches of ice or sudden appearances of vehicles could cause crashes. There may also be defects with the vehicles, such as faulty axles and brake lines, that could make accidents happen. Some other causes of car accidents include:
- Changing lanes without signaling
- Failure to obey right of way laws
- Driving while under the influence of drugs or alcohol
- Driving while tired
- Texting while behind the wheel
Determining NegligenceTo file a personal injury claim, you must be able to show that you were the victim of negligence. This means that the responsible driver must have acted in such a way that you were harmed while under a duty off care. All drivers on the road owe everyone else a duty of care to not harm them, which means they cannot drive recklessly or dangerously and put anyone at risk of injuries. If you were in an accident, you must be able to show these four points in order to sue:
- You were owed a duty of care
- The duty of care was breached in some manner
- The breach of duty caused an accident
- The accident resulted in physical injuries
Deadline for Your LawsuitIn California, you only have 2 years from the date of the injury to file a lawsuit against the responsible driver to collect compensation for your damages. If you wait too long, you won’t be able to collect any restitution at all and you will be prevented from pursuing a lawsuit. It is crucial that you file a claim as quickly as you can; not only will the statute of limitations not run out, but your evidence will be much better preserved and will not face as large a risk of getting lost or corrupted. There are situations in which this 2 year time limit can be extended, though. The most common is when the plaintiff was underage at the time of the crash, and as a result, cannot file a claim by himself. He would thus be able to legally sue and would abide by the statute of limitations once he turns 18 years old. Additionally, a victim may have been gravely hurt in the accident, being rendered physically or mentally incapable of suing; the statute would thus be put on hold until he returns to health.
Get started today by calling (213) 389-3765.The presence of the defendant also plays a role in the statute of limitations – if he is not in the state for a period of time or if he leaves the country, the time limit would be frozen until he returned. Our lawyers can make sure that you do not miss any important deadline with your lawsuit. We will handle your case and file your claim for you on time, as well as search for any possible extensions if you are eligible.
What You Can Earn from a Car Crash LawsuitAs a victim of a car crash, you may find yourself owing many parties a lot of money that you simply do not have. It is unfair that you should owe as much as you would if you were only in the car crash because of a negligent driver. As a result, you should not be expected to pay for these bills and expenses. You can take legal action against the responsible party and have the insurance company cover the costs. You may receive compensation for:
- Medical bills from the past and future, as well as coverage of supplemental medical treatments like physical therapy and medication
- Lost income from the past and future if you were not able to work during or after the crash because of your injuries
- Property damage for anything that was broken or lost in the accident, such as the costs to repair your car or replace your phone
- Pain and suffering, or emotional trauma like PTSD, anxiety, fear, and psychological scarring that can prevent you from safely traveling in the future and may cause you undue stress
- Punitive damages, which are additional forms of monetary compensation that are seldom handed out because they are often viewed as too extreme; only a skilled lawyer can win them, and only in cases involving gross negligence or an intent to harm you
- Wrongful death expenses, like funeral and burial fees, loss of expected savings and inheritance, pre-death medical bills and pain and suffering, and more
Value of Your ClaimYou may want to know how much your car accident case is worth. There is no surefire way to determine the value o your case ahead of time. There are many factors that will be used to weigh your damages and to come up with a number. The insurance agent will consider your level of negligence or fault in the accident, the extent and severity of your injuries, how much of an impact the accident and ensuing injuries had on your life and career, your age, your job choice, and more. Once he has factored all of these together he will make an offer. We will then negotiate a fair deal. Some car accident cases can be worth over $1,000,000, while others may not break the $20,000 mark. It will greatly depend on your injuries and how intentional the accident was. You may already have representation, but if you feel that your current attorney is not telling you the truth on how much he can win for you or if he is pressuring you to accept a low offer, you can contact our firm for a free second opinion. We will give you our input on the performance of your attorney and will tell you if we feel your case is likely worth more with better representation. Call our Highland car accident attorneys for more help.
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