SANTA MONICA CAR ACCIDENT ATTORNEY
When you are involved in a car accident, the best outcome you can hope for is a minor dent or scratch on your vehicle or the other vehicle. Sometimes, this is an accidents only outcome. In more severe cases, collisions that occur at high speeds, those between a relatively light vehicle and a much heavier one, and collisions where a driver or passenger was sitting at the point of impact between the vehicles, the outcome can be far more serious. People involved in car accidents can suffer injuries, sometimes severe injuries like deep wounds that put them at risk of hemorrhaging and traumatic brain injuries. In these cases, victims can die at the scene or later as a result of their injuries.
What Causes Car Accidents?
Car accidents have a variety of causes. Sometimes, a car accident is nobody’s fault. A wild animal could dart into the roadway and collide with a vehicle or extreme weather can make it impossible for a driver to continue to drive safely.
In most cases, though, a car accident is somebody’s fault. When one or more parties are at fault for a car accident, they are negligent and liable for any victims’ damages that arise from the accident.
Drivers can be negligent in a variety of ways. They include:
- Driving drunk or while under the influence of another drug, like marijuana or a prescription sleep aid;
- Distracted driving, which can mean eating while driving, using a smartphone while driving, or adjusting a GPS;
- Aggressive driving like speeding and tailgating;
- Failing to safely maintain his or her vehicle;
- Disregarding posted traffic signs like red lights and yield signs; and
- Drowsy driving.
When a car accident is the result of a vehicle malfunction, the car’s manufacturer or seller could be deemed to be at fault. This is known as product liability.
When an accident is the result of a poorly maintained roadway or a parking lot or garage that was designed in a confusing or dangerous way, the owner of the road or parking structure could be liable for victims’ damages. When the owner is a government entity, the personal injury process is different from how it is when the at-fault party is a private individual or company.
Injuries you can Suffer in a Car Accident
There are many ways you can be injured in a car accident. In relatively minor car accidents, victims can walk away with scratches, bruising, and perhaps minor soft tissue injuries like sprains. In a collision that occurred at a higher speed or one where the victim was sitting at the point of contact between the vehicles, his or her injuries can be far more severe.
Other ways a car accident victim can be injured include:
- Broken bones;
- Spinal cord injuries; and
- Traumatic brain injuries.
These injuries can have long-term and even permanent complications. A spinal cord injury can paralyze a victim for life; a traumatic brain injury can mean losing memories and cognitive impairment. In severe cases, victims die from the injuries they sustain in car accidents.
Sometimes, physical injuries from car accidents cause victims to suffer other conditions, physical or mental. A cut can cause a victim to lose blood, which puts him or her at risk of going into shock. Any type of injury can cause a victim to become depressed, suffer from anxiety, or develop a phobia after the accident that requires substantial mental healthcare treatment for the victim.
Pursuing Compensation for your Damages through a Personal Injury Claim
When you are suffering from injuries sustained in a car accident and the financial expenses that accompany them, you can seek monetary compensation for these expenses through a personal injury claim. This is true even if you were partially at fault for the accident – California personal injury law operates on the doctrine of pure comparative negligence, which means that no matter how much an individual contributed to his or her accident, if another party is even 1 percent at fault, the individual can recover compensation. However, the total amount of compensation he or she can recover is reduced according to the percentage of fault he or she holds. For example, if Driver A is determined to hold 65 percent of the responsibility for a collision and Driver B holds 35 percent, Driver A can only recover 35 percent of his or her total damages and Driver B can recover 65 percent. Using dollar figures to illustrate the situation, Driver A could recover up to $35,000 of the $100,000 in compensation he seeks and Driver B can recover $32,500 of the $50,000 in damages she seeks.
In California, the statute of limitations for personal injury lawsuits is two years from the date of the accident in most cases. This means that if your case ends up in court, make sure you get it there before two years pass – or six months, if it is against a government entity.
Your lawyer can help you develop your personal injury claim and make use of the available evidence to support it. This evidence can include:
- A copy of the official police report;
- Photographs of the accident scene and your injury;
- Copies of your medical bills;
- Documentation from your employer showing the time you spent out of work and your pay rate to determine a dollar figure for your lost wages;
- Eyewitness testimonies;
- Testimony from your doctor discussing your prognosis and treatment; and
- A digital reconstruction of the accident.
Common Car Auto Accident Injuries
One of the many things that make California car accident claims challenging is that the resulting injuries can vary widely, both in their kind and their level of severity. It is not always easy to predict how serious the injuries will be just by looking at the resulting crash. There are cases in which people walk away from rollover accidents with little more than a scratch. Yet, there are also cases in which a seemingly minor fender-bender results in a devastating head or neck injury. If you were injured in a crash, you are entitled to full compensation for your specific damages. Our Glendale car accident lawyers can help. We have handled legal claims involving virtually every type of injury, including:
- Broken and fractured bones;
- Severe joint damage;
- Concussions or traumatic brain injuries (TBIs);
- Psychological trauma;
- Deep cuts and lacerations;
- Soft tissue damage, including whiplash;
- Internal injuries, including organ damage;
- Spinal cord damage; and
- Partial or total paralysis.
The California Statute of Limitations for Personal Injury Claims
The state of California has a two-year statute of limitations for personal injury claims. Essentially, this means that you have two years from the date of your Glendale, CA crash to initiate your lawsuit. To be clear, your claim does not need to be fully resolved within that period. However, if you have not filed a claim by that time, you will likely lose out on your right to recover compensation. There are very limited exceptions to this rule. To protect your rights, you should speak to a Glendale auto accident lawyer as soon as possible after your collision.
How Do You Prove Liability for a California Car Accident?
California car accident claims are governed by the state’s comparative fault rules. As fault is based on negligence, injured victims must prove that another party acted in an unsafe manner and that those unsafe actions were a causal factor in the accident. In the overwhelming majority of cases, auto accidents are caused by negligent drivers. Unfortunately, in far too many cases, opposing drivers will refuse to admit their own culpability. In fact, they may even outright lie to responding police officers or to the insurance company. Injured car accident victims should work with a top-rated Glendale auto accident attorney who can investigate the crash and put together the evidence needed to prove fault. In car accident cases, negligence comes in a variety of different forms. Some of the most common examples include:
- The running of a red light or stop sign;
- Failure to yield to oncoming traffic;
- Following another vehicle too closely;
- Speeding or driving too fast for road conditions;
- Making an unsafe lane change;
- Failure to maintain lane interrigy;
- Distracted driving;
- Drugged driving;
- Drunk driving; and
- Manufacturer negligence.
You Deserve Fair Compensation
After you prove liability, your Glendale auto accident claim will move forward to the issue of damages. To get full compensation, it is imperative that you work with a lawyer who can properly document your losses. You will only be able to recover money for your injuries if you can prove the existence and value of your damages through strong supporting evidence. Insurance companies know full well that proving damages is a difficult task. Insurers work aggressively to try to reduce the value of car accident injury claims. Do not let them get away with it. Never accept of lowball settlement offer from the insurance company. You have a legal right to obtain money for the full value of your losses. This includes compensation for:
- Repairs to your car;
- Ambulance fees;
- Emergency room fees;
- Other medical bills;
- Costs related to rehabilitation;
- Lost current and future wages;
- Long-term disability (LTD);
- Pain and suffering;
- Emotional distress;
- Loss of a limb;
- Loss of lifestyle enjoyment; and
- Wrongful death.
You Can Afford a Car Accident Attorney in Glendale, CA
Many Glendale car accident victims worry that hiring a top-quality personal injury attorney is just too expensive. This is an understandable concern, but you do not have to worry: At Fisher & Talwar, we take on all car accident claims on a contingency fee basis. This means that we will advance any expenses required to pursue your legal claim. Further, we will only collect our attorney’s fees if we win or successfully settle your Glendale car accident case. Our legal team wants to put money back into your pocket, not take anything out of it.
No Attorney Fees Unless We Recover Money for You
When you hire us to handle your case, there is no upfront fee. You only pay if you receive money because we only accept contingency payments. This enables us to concentrate on what we do best while you concentrate on getting better and recovering from your accident.
If you are worried that the attorney fee might not be worth it, then consider the following:
In most situations, the settlement amount negotiated by your attorney is two to three times higher than any money received by an injured person who is not represented by an attorney.
If you are not sure whether or not your claim is worth hiring an attorney for, please give us a call and we will give you free consultation and assist you in evaluating your case.Free Consultation
Work with an Experienced Santa Monica Car Accident Attorney
When you are facing steep medical bills and other damages after being involved in a car accident, it is in your best interest to work with an experienced car accident attorney in Santa Monica, CA to pursue monetary compensation for those damages. To discuss your case further with an experienced car accident attorney and start working on your case, contact Fisher & Talwar today to set up your initial legal consultation in our office.
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Personal Injury | Auto Accidents | Bicycle Accidents | Pedestrian Accidents | Wrongful Death | Motorcycle Accidents | Truck Accidents | Bus Accidents | Defective Products | Dog Bites | Slip & Fall Accident