Personal Injury Attorneys – Auto Accidents
Auto accidents can be a frightening experience. Each year, thousands of people are involved in car accidents. Often, the individuals involved in the crash are injured, and the automobile(s) are damaged- whether the accident involves significant injury and damage or if the accident is a minor fender-bender, the accident will likely have a claim filed against it.
Auto Accident Law & Car Accident Claims
An auto accident law is a combination of personal injury law and traffic law. A personal injury claim must be filed within two years of the injury. If the injury was not discovered right away, then it is one year from the date the injury was found. For personal injury against a Government Agency, you must file your claim within six months of the date of the injury.
Exceptions to this statute:
- If the injured victim is a minor then the statute of limitations does not begin until the minor turns the age of 18. The victim then has two years to a file a claim.
- The injured victim has two years from the date of the discovery of the injury to file a claim. Some injuries take days or weeks to show signs or symptoms.
- If an auto accident ended in death, surviving family members have two years from the date of the death to file a claim. This claim may be a different date than the actual accident; for example: if the victim sustained an injury that placed them in a coma, which later resulted in death then the day of the death is when the statute of limitations would begin.
- If the auto accident did not result in a personal injury, then the victim has three years from the date of the collision to file a claim for property damage.
Essential Information For a Car Accident Claim:
Three topics an attorney will investigate in an auto accident are liability, negligence, and fault. Courts will then piece together who is at fault based on the police reports, photos, evidence and the local traffic laws.
Auto Accident Liability
California is an “at Fault” state in regards to accidents. It matters who will receive blame for the cause of the accident. If both parties are at fault, there will be a reaction in the compensation of money.
A person driving has a duty to exercise reasonable care to prevent and avoid accidents. If the driver neglects this duty, then the driver is liable for damages that resulted from their lack of duty. Drivers are expected to follow all road rules, pay attention to the road, follow speed limits, stop at lights, look both ways for a lane change, etc. Not following these laws may result in a negligence charge.
Auto Accident Fault
California is not a “no fault” state, however, if both parties are at fault then compensation for the plaintiff will be reduced based on the fault attributed to the plaintiff.
Auto Accident Compensation
Many accidents result in injuries that have long last effects and require ongoing treatments. For this the victim may be awarded compensation for (1)loss of income or opportunity in the future, (2) medical costs (transportation, miles driven for care, future medical costs for operations, etc.), (3) property damage, (4) and pain and suffering (pain of the actual injury, mental suffering, loss of quality of life).
Getting Legal Help from a Car Accident Attorney
It is important to contact a lawyer after an auto accident because dealing with an insurance company can be very difficult. An experienced personal injury lawyer can make it easier when filing a claim especially when an insurance company tries to dispute liability or refuses to pay. Do not miss out on the money you deserve.