It can be difficult to know if you have a car accident case in the immediate aftermath of a serious wreck. Some lucky drivers may walk away without a scratch on their person or vehicle, while others have lasting injuries and a totaled car. Generally, people who accrue medical expenses and property damage have a valid auto accident claim in California.
The Law Offices of Mickey Fine in Bakersfield and Manhattan Beach specialize in car accident claims. Our experienced legal team knows how to build your case and pursue the maximum settlement for your injuries. We have the knowledge, skill, and resources needed to achieve justice in even the most complex claims.
Was the Car Accident Caused by Someone Else?
Accident claims are conducted to determine who is legally responsible for the losses caused by a collision. California Law has a pure comparative negligence rule, meaning the liability in a crash is divided between all parties involved. One driver may be considered 80% at fault while the other is 20% responsible, reducing the recoverable damages by that amount.
If you were the at-fault driver, you might not be able to cover much or any damages from the crash. However, if the other driver is primarily responsible, you likely have a strong car accident case for compensation.
Did You Suffer an Injury in the Car Accident?
There must be physical injuries and medical treatment or significant property damage to pursue a car accident claim. Injured victims with bone fractures, spinal cord injuries, traumatic brain injuries, and other severe traumas should seek compensation for their damages, but even less significant injuries can impact quality of life, and the crash itself can lead to psychological stress and PTSD.
It’s critical to seek medical attention right after a car wreck because seemingly minor injuries can worsen without treatment or diagnosis. A simple case of whiplash can progress into debilitating chronic neck pain that affects all areas of life.
Common car accident injuries include:
• Muscle sprains in the mid and lower back
• Traumatic brain injuries
• Broken ribs
• Internal bleeding
• Arm and leg bone fractures
• Scars and disfiguration
• Loss of limbs
• Post-traumatic stress
• Wrist and hand injuries
• Facial injuries
Can You Prove Your Accident-Related Losses?
Filing a police report and seeking medical attention is the best way to begin building your car accident case because it starts the trail of evidence immediately. If possible, take photographs of the accident scene, your injuries, and damage to your vehicle. Proving liability or fault is the cornerstone of personal injury claims.
For ongoing injuries and psychological trauma, keep a log of visits, receipts for medical treatment, and travel to and from the doctor or specialist. Those experiencing PTSD after a car crash may need to see a psychiatrist for diagnosis and management, which also helps establish losses. Any expense related to the accident can help determine the value of your claim and its validity.
Do You Still Have Time to File a Claim?
The statute of limitations for car accident lawsuits in the State of California is two years from the date of the crash, but if someone dies from injuries sustained in the car accident, their family may file a claim two years from the date of the person’s death if it is different from the accident date. California law allows three years to file in cases of strictly property damage.
While two years may seem like ample time to file your claim, starting the process as early as possible is best when the crash details are fresh in your mind, and the evidence is readily available. It takes time to compile evidence and file a claim; the earlier you start, the better.
How an Attorney Can Help Your Car Accident Case
When someone experiences a significant injury in a car accident, their first thought is typically not about monetary losses but seeking appropriate medical care to recover fully, if possible. Injured victims need to focus on healing. A car accident attorney gathers the evidence for you, talking to witnesses and accident reconstruction experts and handling conversations and negotiations with the car insurance provider and their adjusters.
Car accident attorneys understand how to aggressively pursue these claims to ensure injured victims are awarded a settlement that covers their current and future losses. They can determine the value of a claim and may uncover additional areas of compensation that the layperson may not know are available.
When injured victims hire a skilled and experienced lawyer, they’re more likely to receive a higher settlement and reach that outcome sooner than someone negotiating for themself. Car accident attorneys have decades of experience with these claims and have industry partnerships and protocols that may expedite the claims process and establish liability.
If you believe you may have a car accident claim, contact the Law Offices of Mickey Fine to discuss your case for free. Our Bakersfield car accident lawyer can help you pursue the compensation you deserve.
Contact us online or at (661) 333-3333 for a FREE initial consultation. We will handle your case on a contingency basis, meaning you don’t pay unless we win.