Suing for negligence with injury is a right of every car accident victim. However, it can be overwhelming and frustrating. Some victims act aggressively, while others fail to take the necessary steps to ensure their safety and rights. Understanding what to do if you are in a car accident is crucial to protect your rights and future.
If someone’s actions cause you harm, this article will help you understand the essential steps to protect your rights and pursue fair compensation for the damages they caused. Following these procedures can help secure the support and recovery you deserve.
What to Do if You Are in a Car Accident That Is NOT Your Fault
Ensuring your safety should be your top priority when injured in an accident caused by someone else’s negligence. However, there are other steps you should take to ensure that you can receive compensation for the damages another person caused you if they hurt you as a result of their acts.
Step 1: Get Medical Assistance Immediately.
Your priority should always be to seek medical attention, even if your injuries initially seem minor. Many injuries, like brain trauma, may initially appear mild but can develop into life-threatening conditions. Unfortunately, if you fail to diagnose these injuries, it may worsen and cause further complications.
Aside from ensuring your well-being, getting immediate care also strengthens any personal injury claim you may file later. Usually, the compensation you receive in an accident relies on the damages you sustain. So, if you don’t diagnose your overall injuries, you will receive a settlement that hardly compensates for your overall damages.
Imagine you suffered leg injuries in a car accident. Since the injury was apparent, you based your compensation on that alone and accepted an insurance offer within a week. However, a few weeks later, you began experiencing symptoms of a head injury linked to the crash. Because you already accepted a settlement, you would likely lose the right to pursue compensation for your head injury.
Additionally, postponing medical treatment for several days or weeks might give the insurance company grounds to argue that your injury isn’t as severe as stated—or could even be unrelated to the accident. This is why it is crucial to seek medical help immediately and stick to your medical treatments consistently to avoid receiving a lowball accident settlement or dismissing your case.
Step 2: Report the Accident to the Authorities.
According to California Vehicle Code §16000, if you get into an accident, you MUST report it to the authorities if it results in the following:
- Damage property worth $1,000 or more
- Injuries
- Wrongful Death
- If one party flees the scene (hit-and-run)
Note that if someone suffers serious injuries or dies because of the crash, you need to let the police know within 24 hours. Not doing so can lead to legal consequences, such as:
- Two to four years in state prison
- County jail for 90 days to a year
- Fines that could range from $1,000 to $10,000
Aside from being a legal duty, having a police report can significantly help build your case. Responding officers develop police reports that indicate essential details about your accident, such as the involved parties, the violations committed by one or both, the probable cause, and others. This information can prove the other party’s wrongful actions or negligence that caused the accident.
Step 3: Contact the Best Car Accident Injury Lawyer California Offers.
Suffering from injuries after an accident can be overwhelming. You’re left dealing with expensive medical bills, missing work, and losing wages, all while healing from your injuries. It’s challenging to find the mental space to handle a personal injury case with these added stresses.
With a personal injury attorney on your side, you’ll have the peace of mind of knowing your case is in good hands. You won’t have to worry about missing deadlines, filling out paperwork, or dealing with insurance companies – your attorney will take care of all that for you. And because they’re experts in personal injury law, they’ll be able to spot potential issues and opportunities that you might not even be aware of.
Step 4: Cooperate with Your Lawyer.
While it is true that your personal injury attorney will manage all the legal aspects of your case, you should still take steps to help them maximize your compensation and avoid having your case dismissed.
For example, you must always religiously follow your treatments, as having medical gaps can jeopardize your claim. Timely medical reports and records are critical for documenting and linking your injuries to the accident. Delaying treatment can lead to incomplete medical records, making it harder to support your claim.
As a result, the opposing side could challenge your case by arguing that the delay weakens the connection between the accident and your injuries. They may claim that other factors or events during this gap contributed to your injuries, potentially absolving them of liability.
Aside from sticking to your medical plan, you should also help collate all documents needed to prove your case and determine the total damages you incurred from the accident. This could be your car repair receipts, employment records, and other documents needed for your case.
Lastly, be transparent and provide your lawyer with all pertinent details regarding your accident, injuries, and any prior legal or medical history that could influence the case. Being open and honest enables your attorney to better prepare for any possible challenges that may arise.
Things to Avoid Doing When Suing for Negligence With Injury
Following an accident, it’s essential to protect your rights and well-being. Equally important, however, are the actions you should avoid to prevent jeopardizing your claim. Here are some crucial missteps to steer clear of:
- Leaving the Scene: Never depart from the scene of an accident, regardless of how minor it may appear. If you leave without providing your contact details to the other party or alerting the authorities, you could be held legally responsible for the incident. Instead, report the accident to the police or dial 911.
- Admitting Fault: Be cautious not to admit fault or apologize, as doing so could imply liability for the accident, even if you were not at fault. It is wise to refrain from discussing unnecessary details and wait for law enforcement to arrive.
- Failing to Seek Medical Attention: Some injuries may not be immediately apparent, even if they seem trivial. It’s vital to seek medical assistance promptly to protect your health and document any injuries sustained.
- Not Collecting Evidence: Be diligent about gathering evidence at the scene. Take photographs of the vehicles, the road conditions, visible injuries, and other relevant details. Additionally, obtain contact information from any witnesses. If you have sustained physical injuries, consider reaching out to an accident lawyer in California to help compile the evidence necessary for a personal injury claim.
- Handling the Claim Alone: Managing an accident claim can be stressful, especially if you’re unfamiliar with personal injury law and dealing with injuries that need attention. A personal injury attorney can go through the complexities of the legal system and offer expert guidance, ensuring you receive the compensation you deserve.
Avoiding these common pitfalls can protect your rights and enhance your chances of obtaining fair compensation following an accident. If you fear you may have made one of these mistakes, seeking legal advice from a lawyer for personal injury can help you determine the best course of action tailored to your situation and needs.
How Long Do I Have to File a Claim After an Accident in California?
It is best to contact an injury attorney immediately after an accident and file a claim to ensure you get compensation for your overall damages. Note that when filing a personal injury claim, California allows victims to do so for two years from the accident date.
However, when pursuing a personal injury case, you must understand that you can only do so when the accident results from another party’s wrongful actions or negligence.
Negligence is the failure to act with the care that a reasonable person would in similar circumstances. In a dog bite incident, negligence might involve not restraining or properly supervising a dog, disregarding leash laws, or failing to warn others of a dog’s aggressive behavior.
Consider a scenario where a dog owner brings a known aggressive dog to a public park without a leash or muzzle. Despite knowing the dog’s tendencies, the owner allows it to roam freely. The dog then bites a passerby, causing significant injury. Here, the owner’s choice to disregard safety precautions illustrates negligence, as they failed to protect others from potential harm. In this situation, the owner would be held liable for any injuries caused by their negligence.
Elements of Negligence
Proving negligence in a personal injury case requires establishing four key elements:
- The individual had a duty to prevent harm to others.
- They breached that duty by acting carelessly or recklessly.
- This breach directly caused the incident.
- The incident led to actual injuries and damages.
Along with proving the owner’s negligence, you must show evidence of your injuries and damages, such as medical records and bills supporting your claim. However, collecting this evidence while recovering can be challenging. Fortunately, a personal injury lawyer can handle your case by gathering evidence, filing your claim, and negotiating with the responsible party or their insurance, allowing you to focus on recovery.
How Long Do I Have to Report an Accident to Your Insurance Company?
Most insurance companies require policyholders to report any accident they’re involved in, especially if they need to use their coverage to pay for damages. So, depending on the allowed timeframe, it is crucial to immediately report the accident to the insurance company.
However, accident victims often hesitate to report their accidents due to reasons like:
- Worrying that their insurance premiums will increase
- Believing they can handle the matter themselves
- Not planning to use their policy to cover expenses
It’s crucial to inform your insurance company about the accident. Failing to report it could void your contract. Even if the accident wasn’t your fault, you may still need to report it as part of your policy requirements. This step can also be beneficial if you need coverage for damages in situations like a hit-and-run.
Note that if you hire an injury lawyer, they will communicate with the insurance company on your behalf. While this may seem trivial, allowing them to speak with the insurance provider and negotiate on your behalf gives you greater chances of receiving a maximized compensation. Since they know the legal complexities of personal injury cases, they can effectively employ legal strategies to defend your rights and ensure you get the justice you deserve.
How Much Can I Expect From an Accident Settlement in California?
The value of your accident settlement will be based on how severe your injuries or damages are and how they affect your life. For example, someone with minor arm injuries may receive less compensation than someone who sustained broken bones in an accident, as the latter may require extensive treatment and rehabilitation to recover.
When calculating your potential settlement, consider including:
Economic Damages: Economic damages are direct financial losses that can be confirmed with receipts or other documentation, such as:
- Past, current, and future medical costs
- Expenses for repairing or replacing the vehicle
- Lost income due to missed work
- Loss of future earnings
- Out-of-pocket costs
Non-Economic Damages: Non-economic damages cover the non-monetary impact of the accident, including:
- Physical pain and suffering
- Emotional distress
- Reduced quality of life
- Loss of companionship and relationships
Punitive Damages: Punitive damages may be awarded in personal injury cases if the responsible party acted recklessly or intentionally.
Insurance companies might attempt to settle quickly to limit liability, but these initial offers often fall short of covering all your losses. For example, a quick settlement might not account for ongoing medical costs from a head injury sustained in a boat accident. A personal injury attorney knows this, and they can help assess all damages and negotiate on your behalf to ensure fair compensation.
Do I Need a Lawyer When Suing for Negligence With Injury?
Technically, suing for negligence with injury can be done alone in California. However, this process can be complicated, particularly in cases involving serious injuries or significant damage.
Insurance companies may minimize their payouts in such situations by quickly offering accident settlements or presenting defenses against your claim. How can you effectively manage your case if you have limited knowledge of personal injury law?
The best car accident injury lawyer California has can help by gathering evidence, establishing who is liable, and building a solid case for you. They can also handle these essential tasks to support your claim:
- Collect relevant evidence
- Prove liability
- Accurately assess your damages
- Ensure compliance with all legal deadlines
- Represent you in court if necessary
At the Law Offices of Larry H. Parker, our committed California injury attorneys are dedicated to safeguarding your rights and securing the compensation you deserve. We thoroughly evaluate each case to create legal strategies tailored to your needs.
To explore your options, contact us today at 800-333-0000 for a free consultation.
Searching for a reliable car crash lawyer in your area? Call our team today for a free, no-obligation consultation.
What Our Clients Have to Say About Us
While many personal injury attorneys can handle your case and develop a legal strategy, our team stands out for their relentless advocacy. We ensure that our personal injury lawyers are adequately able to create a strong claim, as confirmed by our previous clients:
“I was in a terrible car accident, and the Law Offices of Larry H Parker took care of everything! My car was completely totaled. I was headed to school when the driver in the other vehicle made a left-hand turn in front of my car, causing me to hit his passenger door. Both airbags deployed, and my car spun out of control.” – Lindsay Sarah.
Frequently Asked Questions About Personal Injury Claims
Need to learn more about personal injury claims? We want to help you! Here are common questions injured victims ask, which may clarify various aspects of your case.
- California Personal Injury Settlements: Taxable or Not?
- Who Is Liable for a Bike Crash Without Reflective Gears?
- Who is Liable for a Car Accident with an Unlicensed Driver?
- How to Maximize Your Car Accident Settlement from Your Insurance Company
Works Cited
“California Code, VEH 20008.” California Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=20008. Accessed 1 November 2024.
“California Vehicle Code §16000.” California Legislative information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=16000.
“Definition: noneconomic damages from 42 USC § 247d-6d(e)(8) | LII / Legal Information Institute.” Law.Cornell.Edu, https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=42-USC-51899014-306949403&term_occur=999&term_src=title:42:chapter:6A:subchapter:II:part:B:section:247d%E2%80%936d. Accessed 1 November 2024.
