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Car Accident Personal Injury Laws in California

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Car accidents happen to people every single day. There are simply a ton of vehicles on the road, and while the majority of individuals do a great job staying safe and caring for the fellow people around them, some are not as attentive and wind up getting into accidents. Involvement in an accident can lead to a confusing time, as you may not be aware of what you can legally do to pursue compensation. Fortunately, our lawyers at The L.A. Law Firm are here to make sure you are accurately represented and that you earn the fairest compensation possible in the event of a car accident.

Filing a Lawsuit

The most important aspect of filing a lawsuit with the assistance of an attorney is the presence of an injury. In many cases, if you were not hurt in the car accident, you will not need to involve a lawyer. The insurance agency will be more likely to give you an offer if only your car were damaged. This is for a simple reason: there is no room for negotiation or subjectivity if a mechanic provided the insurance agency with an estimate.  There are simply hard numbers that show how much repairs will cost.

When it comes to injuries, however, there is a much higher chance that there will be dissent. Insurance agents will claim that your injuries are not as severe as you said, or that the medical procedures you received were unnecessary. They may even claim that your wounds were not caused by the accident and that you had preexisting conditions, or that you were the one who was really at fault for the accident, and thus, they should not be held accountable at all for your expenses.

To file a personal injury claim, you must be able to show four points of negligence: that the driver owed you a duty of care, that the driver breached that duty of care, that the breach resulted in an accident, and the accident led to physical harm. An attorney at our law firm can help you show these points as true.

Causes of Car Accidents

Our attorneys have dealt with many types of car accidents legal issues over the years. We have seen car accidents happen for all sorts of reasons. A few of those reasons include:

  • Failure to yield
  • Running red lights and stop signs
  • Distracted driving or texting while driving
  • Fatigue
  • Ignoring right of way laws
  • Speeding
  • Road rage
  • Faulty car parts
  • Incorrect merge pattern

Essentially, many accidents come down to driver negligence. If you were the victim of a car accident, the responsible party should be held accountable for your expenses and made to pay. Consult with our attorneys if you were hurt in a car accident and sustained broken bones, nerve damage, spinal cord damage, amputated limbs, and other types of injuries.

Statute of Limitations

The statute of limitations for filing a personal injury lawsuit is 2 years from the date of the injury or 2 years from when the injury became known. This means that it is crucial that you find an attorney to help you file a claim as quickly as possible; the longer you wait, the more likely it is that your evidence will become corrupted in some way. Witnesses may no longer remember the scene as vividly while photographs may get lost. Other problems can arise, but with the help of our law firm, you can be sure that your claim will be filed on time.

There are, however, exceptions to this deadline. For example, if you were physically or mentally incompetent in the wake of the accident and could not take legal action, the statute would be extended to when you recovered. Minors also have the option of not pursuing legal action until they turn 18. Additionally, if the defendant were out of the country, the statute of limitations would not begin until he returned.

A lawyer at our law firm can give you more information on if you are eligible for an exemption.

Our Team

Our team of attorneys at The L.A. Law Firm promises to work for your compensation until you receive a settlement you are satisfied with. We will aggressively fight for your rights and will not stop negotiating. We are willing to take your case all the way to court if necessary.

Call us today for a free legal consultation with an experienced attorney. You can discuss your case and any injuries you had, and we will tell you the best way to move forward with legal action. Any information we can give you is worthwhile to your decision. Also, if you select us to take on your case, you will receive a zero fee guarantee – meaning you pay no out of pocket expenses throughout the litigation process. Our fees come out of the settlement we earn for you; if we lose, you owe us nothing at all.

Give us a call at The L.A. Law Firm today to talk with a car accident lawyer about your case.