A car accident can significantly disrupt a person’s life, causing unexpected circumstances, physical challenges, and financial woes.
Working with an experienced Long Beach car accident attorney will alleviate these stresses and improve the rate of returning to normalcy. Here’s how professional legal representation can help your personal injury claim succeed.
1. Recover Maximum Compensation for the Car Accident Claim
Contrary to what an insurance company tries to argue, injured car accident victims are entitled to more than what they may have initially been told. Compensation should actually be an accumulation of both economic damages and non-economic damages.
Economic Damages
Economic damages are quantifiable financial losses that can be directly linked to a car accident. Common examples include:
- Current medical bills
- Future medical expenses (surgery, physical therapy, etc..)
- Rehabilitation costs
- Lost wages
- Loss of future earning capacity
- Vehicle repair costs
These damages aim to compensate the injured party for direct monetary losses and can be calculated using receipts, invoices, and projections of anticipated expenses.
Non-Economic Damages
Non-economic damages are non-quantifiable losses resulting from the accident. Common examples include:
- Emotional distress
- Pain and suffering
- Mental anguish
- Scarring and disfigurement
- Loss of enjoyment of life
- Loss of companionship
Calculating non-economic damages is more challenging due to their intangible nature. A Long Beach car accident attorney can estimate the potential value of non-economic damages based on similar personal injury cases they have previously handled.
+Punitive Damages
Unlike economic and non-economic damages, punitive damages are not intended to compensate victims for their injuries.
Instead, they serve as a punishment for the defendant’s egregious conduct. To qualify for punitive damages, it must proven that the defendant intentionally disregarded the safety of others. A skilled personal injury attorney with car accident case experience can review the details of the incident and investigate it to prove that the duty of care was breached.
California courts rarely award punitive damages in auto accident cases. However, drunk driving accidents are a common exception. If the defendant has a history of DUI convictions and caused an injury accident, the court may be more inclined to award punitive damages.
2. Meet the Statute of Limitations in California
California law imposes specific deadlines for filing personal injury claims and property damage claims that arise from car accidents. This is broken down into the following periods:
- Personal Injury: Two years from the date of the accident
- Property Damage: Three years from the date of the accident
- Government Agency: Six months from the date of the accident
In addition to remembering that the six-month window for car accident claims against government agencies is significantly shorter, keep in mind that meeting the two to three-year statute will also have its challenges.
Building a case, obtaining evidence, and filing an official car accident claim takes time, so it’s important to be proactive. After reviewing the case, an experienced car accident attorney can inform clients about these important dates and prepare them for other upcoming deadlines.
3. Identify Fault for a Personal Injury Claim
In order to recover financial compensation, the party seeking damages must establish that the defendant’s negligence caused the accident. Failing to accomplish this can result in the victim being blamed for the accident.
There are two primary methods to prove this: common-law negligence and negligence per se. A skilled Long Beach car accident attorney can thoroughly examine a case, collect evidence, and establish fault based on either method.
Common-Law Negligence
To prove common-law negligence, the following four elements must be demonstrated:
- Duty of Care: All drivers have a legal duty to operate their vehicles safely and responsibly, adhering to traffic laws and being aware of their surroundings.
- Breach of Duty: The defendant violated this duty by engaging in dangerous behavior, such as speeding, weaving through lanes, or driving under the influence.
- Causation: The defendant’s actions caused the personal injury accident, like running a red light and colliding with other vehicles.
- Damages: The accident resulted in “damages,” which typically entail personal injuries and financial losses, including medical expenses, vehicle repair costs, and lost wages.
Negligence Per Se
When someone violates a law designed to protect public safety, it is considered negligence per se.
For instance, a drunk driver who causes an accident is considered negligent per se because the DUI laws that were intended to prevent intoxicated individuals from endangering others were violated.
In such cases, the injured party only needs to prove that the intoxicated driver’s actions directly caused serious injuries that resulted in compensable damages. Then, the burden of proof shifts to the defendant, who must convince the jury that his or her actions were not negligent.
Comparative Negligence
In cases where both drivers contribute to an accident, California adheres to a pure comparative negligence system. This allows the plaintiff to still seek compensation, even when partially responsible. However, the awarded amount is reduced in proportion to the plaintiff’s degree of fault.
For example, if a driver is found 20% at fault in an accident that results in a verdict of $40,000, compensation will be reduced by 20%, and the driver will be awarded $32,000.
4. Obtain Necessary Medical Treatment for Car Accident Injuries
Outside of minor fender benders or smaller collisions, most motor vehicle accidents often result in significant damage and severe injuries. Even when pain feels tolerable, it is vital to seek immediate medical treatment following a car crash.
However, due to financial fears of high medical costs, many bypass treatment, putting their health and recovery at risk. When working with an established Long Beach personal injury law firm, clients are afforded the opportunity to be paired with the top medical providers and specialists in Los Angeles County without financial worry. Treatment is available (but not limited to) the following types of common car accident injuries:
- Back Injuries: Back and spinal cord injuries can result in chronic pain and may even lead to paralysis. Such injuries often necessitate extended rest periods for proper recovery, resulting in lost wages due to missed work.
- Head Injuries: Ranging from mild concussions to severe brain damage to traumatic brain injuries (TBIs), head injuries can have long-lasting consequences, including permanent disability and loss of independence.
- Neck Injuries: Whiplash, a common neck injury caused by sudden head and neck movement, can result in pain, limited mobility, and in severe cases, paralysis.
- Fractured Bones: Broken bones are frequent injuries in car accidents and may require multiple surgeries and extensive rehabilitation. In traffic accidents that cause catastrophic injury, amputation may be necessary, leading to lifelong challenges.
- Chest Injuries: Bruised or broken ribs can be painful and take weeks to heal. More severe chest injuries can damage internal organs, potentially resulting in life-threatening complications.
- Pain and Suffering: Serious injuries also cause impairments due to physical agony and discomfort. Additionally, the psychological impact, like post-traumatic stress disorder (PTSD), can have lasting effects on victims if left unaddressed through appropriate therapy.
5. Deal with the Insurance Company
Victims are under no obligation to speak with representatives from either their own or the other driver’s insurance company. Additionally, there is no legal requirement to provide a recorded statement to an insurance adjuster or agent.
At some point, injuries and damages should be reported to the other side, but it’s best to consult with a reputable Long Beach car accident attorney first. An attorney can determine the proper time to begin a dialog with the other driver’s auto insurance company and advise what to say.
Insurance companies are businesses with a primary objective of minimizing payouts. As a result, adjusters employ tactics to persuade victims into conversations they are unprepared to handle, leading to unfair settlements or self-incriminating misunderstandings.
Therefore, avoid direct communication with insurance companies, especially if the conversation is recorded. Instead, experienced personal injury attorneys specializing in Long Beach car accident cases are well-equipped to manage interactions with insurance companies. They can provide the necessary information without compromising the strength of a case.
How to Choose the Best Personal Injury Attorney
With numerous car accident attorneys throughout Southern California, it can be challenging to pinpoint the best option. Here are some helpful hacks when researching the most appealing candidates.
Seek Recommendations
Reach out to friends, family, or acquaintances who may have experienced a car accident or similar circumstances and worked with a personal injury lawyer to reach a resolution.
While car accident victims are not obligated to hire personal injury lawyers for their cases, it is helpful to hear what the experience may entail. Recommendations will help in deciding whether or not to hire.
Prioritize Experience in Car Accidents
Select a personal injury lawyer with substantial experience in car accident cases. This expertise ensures a deep understanding of local traffic laws, statutes, and common insurance company tactics.
Long Beach car accident lawyers will also know how to obtain the strongest types of evidence, such as a police report, the victim’s medical records, and the other driver’s driving records.
Because personal injury law covers a broad spectrum of case types, some firms specialize in certain cases that may not necessarily include auto accidents. Practice areas can be confirmed on the firm’s website and from client testimonials.
Evaluate Trial Experience
While most personal injury cases are settled out of court, some may require litigation, particularly those involving significant damages or complex liability issues.
A proven track record and experience in filing a personal injury lawsuit and representing clients in court is ideal. This demonstrates their ability to advocate for their clients’ rights as they pursue maximum compensation on their behalf.
Set Your Claim Up for Success, Contact the Top Car Accident Attorneys
If you were involved in a preventable car accident resulting in severe injury, schedule a free consultation with our award-winning law firm, Belmont Accident Lawyers.
Whether the accident was caused by distracted driving, road rage, or other forms of negligence, our car accident lawyers are equipped to assist you. For questions regarding your case, contact our Long Beach law firm today.
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