When someone is hurt in a car accident, they are frequently entitled to financial assistance for their losses. But not every accident calls for a personal injury claim. To learn more about variables that can assist you in determining if you should file a lawsuit, keep reading. Call The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation if you decide to proceed.
It's up to you to establish who was at fault
According to California law, we are an at-fault state in terms of automobile collisions. This means that you must be able to establish liability if you wish to bring a personal injury lawsuit to get paid for your damages. Eyewitness accounts, accident reports, and on-site evidence can all be used for this. If you don't have any strong supporting proof, your case probably won't succeed.
You might be held responsible in part
Because California is a comparative fault state, you may be financially liable for any portion of an auto accident for which you are even substantially to blame. This means that if you were found to be 25% at fault and your damages were $100,000, they would be reduced by 25% to $75,000 instead. If your percentage of fault is small, this might not be a problem, but it is something to think about.
The severity of your injuries will have a significant impact on your claim.
It's possible to identify the at-fault party and establish your own innocence. This does not imply that you must immediately initiate a personal injury lawsuit. Additionally, you should think about the extent of your wounds and the potential long-term effects. In contrast to a scratched knee, it would not be financially worthwhile to file a personal injury lawsuit if you had suffered a severe brain injury, for example.
Your case may be impacted by what you did following the accident
After a car accident, you can significantly affect your case by taking certain actions—or not taking any—at all. The other side might use your refusal to seek medical attention, for instance, as evidence that your injuries was not serious. They can claim that you confessed culpability if you apologized to the opposing person.
The period of time you have to file your case is restricted.
Today, if you are hurt in a car accident, you probably have two years to file a claim. There are some situations, though, when you can only file for six months. The best course of action is to get in touch with a personal injury lawyer right away and ask for a free legal consultation.
Remember that you can contact The Law Offices of Larry H. Parker at 800-333-0000 now to request a free legal consultation.