When faced with the aftermath of a car accident, victims often find themselves burdened with more than just physical injuries. From grappling with piles of medical bills to dealing with the prospect of long-term unemployment, the journey to recovery is filled with financial uncertainties.
At Oaks Law Firm, our attorneys are focused on ensuring that you receive fair compensation from the driver who caused the collision so you can focus on healing. Here’s what you need to know about how car accident compensation works in California.
California follows an at-fault (tort) system, meaning the party that caused the accident pays for the victim’s damages. Many injury victims worry that they are partially at fault for the accident in which they got hurt, or partially negligent themselves. It is important to know that California’s pure comparative fault system allows plaintiffs to recover damages even if they are partially at fault.
Under California comparative fault law, even if the court determines that you bear some responsibility for the accident, you can recover damages from the defendant. However, your compensation can be reduced by your percentage of fault in the accident.
Determining who was at fault is a crucial first step to recovering financial compensation after a Los Angeles car accident. This usually requires a thorough investigation and the collection of evidence proving responsibility based on the legal principle of negligence. Essentially, negligence is the failure to take proper safety precautions. In order to establish negligence, an injured victim must show three things:
Every driver owes a duty of care to the people and property around them. Examples of driver negligence in a car accident include distracted driving, impaired or drunk driving, fatigued driving, speeding, red-light running, and road rage.
When another party is at fault, injured victims have the right under California law to pursue compensation for damages, which can include losses such as medical bills, surgery costs, prescription medication bills, lost wages, pain and suffering, mental suffering, and emotional distress. Compensatory damages fall into two categories: “economic damages” and “non-economic damages.”
In California, car accident victims have several options for pursuing compensation due to the fault and insurance laws that govern these incidents.
Settlements from insurance companies are limited by the policy’s maximum coverage amounts. It’s essential to know these limits, as they may influence the strategy for pursuing additional compensation. Consulting with a car accident attorney can be invaluable, particularly when filing a lawsuit or dealing with significant injuries and damages. Attorneys can navigate the complexities of the law, negotiate with insurance companies, and argue your case in court if necessary.
In California, you typically have two years from the date of the injury to file a car accident lawsuit. The timeline for claims against government entities is much shorter, often just six months. It is crucial to act quickly to preserve your rights and build a strong case. Gathering evidence, speaking with witnesses, and documenting your injuries are vital steps in ensuring that your claim is as comprehensive as possible.
Consulting with an experienced attorney at Oaks Law Firm can provide guidance on navigating these time-sensitive requirements and help you understand the full value of your claim. Our attorneys can negotiate with insurance companies on your behalf and, if necessary, represent you in court to secure the compensation you deserve. Don’t wait until it’s too late—take prompt action to make sure your voice is heard, and your rights are protected.
Contact us today for a free, no-obligation case evaluation.
