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Did you know that auto accidents are the number one reason people end up in the hospital with traumatic brain injuries? While TBIs are among some of the most devastating injuries that California car crash survivors battle with, even minor injuries can result in medical bills, chronic pain, and a change in your mobility. If you have suffered an injury or property damage in a car accident, it’s important to get a Rocklin car accident lawyer on the case as soon as possible.
In most car accidents, both drivers feel convinced that the other driver is at fault. Even if one person was following too closely, he or she might blame the other driver for stopping suddenly. California courts believe that there are many instances where both drivers are correct and should take parts of the blame.
This blame is not always an equal share. For instance, the courts might determine the victim should take 20% of the blame or even 90% of the blame. These are just examples, as the decision might vary to the point where the victim becomes the blamed party. This is why presenting a solid case is so important.
To accomplish this, you need to uncover as much evidence as possible. When you hire a Kreeger Law attorney, we gather and review evidence to get a better picture of what happened and why. Why an accident happened is the biggest determining factor behind fault. Here are some important questions we might attempt to answer:
It’s important to note that the driver might also have justifiable reasons for causing the accident, by the insurance company’s or the court’s determination. This, too, might lower the blame assigned to the individual. For instance, a man may have been rushing his pregnant wife to the hospital. Similarly, a woman might have swerved out of her own lane and into your vehicle after a semi-truck failed to notice her and pulled into her lane.
These reasons do not necessarily excuse the driver from blame. It also does not mean the court will then ask you to take a certain percentage of blame for what happened. Still, it does reduce the likelihood of punitive damages, and the court might become lenient when awarding non-economic damages. However, when it comes to economic damages, the insurance company usually becomes liable as someone has to pay those bills — why should it be you?
It can be challenging to know how to respond in the moments following a car accident. Drivers and passengers may be filled with shock, concern, disbelief, fear, and more, making it challenging to adequately respond. There are several steps to take in the immediate moments after an accident that can not only protect your physical safety but also set yourself up well if you choose to pursue legal action. Below is a suggestion of how to respond:
When you try to get compensation for your case, oftentimes, the driver is not the obstacle; the insurance company is. We have seen many instances where drivers were willing to take responsibility but insurance companies refused to act. Instead, they attempted to stall the case or ultimately ended up in a courtroom battling it out.
Our clients, and even the responsible driver, are often surprised by the lengths insurance companies will go to get out of paying you the money you deserve. They might bring up tickets from years ago or make completely false allegations.
Even before making it into the courtroom, expect a difficult negotiation process. The truth is that there are many cases where insurance companies accept wrongdoing on the part of the drivers they represent and pay a fair settlement for economic and non-economic damages. However, when you go into it expecting a fight, you feel less betrayed by the insurance system when it happens.
The good news is that you have no need to go back and forth with the insurance company. We handle that for you. Our attorney also coaches you on how to present yourself and your story in court to illustrate your injuries, their impact and why you deserve monetary compensation for what you suffered.
Many of our would-be clients are surprised, disappointed and angry to learn that they cannot file a personal injury claim because of the statute of limitations. This limit is set at two years for accidents involving civilian at-fault drivers. It is reduced to only six months if the at-fault driver is an agent of a government entity, such as the local fire department.
Six months to a year might seem like enough time to recover and then place the phone call, but time flies when you have bigger problems to tackle than a personal injury lawsuit. After all, your first priority at this time is your health. Unfortunately, if you don’t make the call soon enough, you might have to pay for your recovery entirely out of pocket.
This can happen even when people call before the statute of limitations expires. How does this happen? Insurance companies often resort to shady tactics to get you to sign paperwork that essentially waives your right to seek damages.
You might have also already admitted fault in the heat of the moment, and now the insurance company plans to pin the entire accident on you. Now, not only do you need to pay for your own damages, but you might need to pay for the other driver’s damages too. To prevent these instances from happening, call an attorney as soon as possible.
A: While you do not need a lawyer for car accident claims in California, it is generally recommended for several reasons. A lawyer can help you understand what legal options you have and how to navigate the claims process. They will work to gather compelling evidence that supports your case and build a case to prove which party is liable for the accident. Throughout your work with an attorney, they will be a legal advocate, answering all the questions and concerns you have.
A: The amount someone can file a lawsuit for after a car accident in California depends on the details of the case. Car accident settlement amounts are determined based on several factors, including the severity of injury and damages, medical treatment costs, repair costs, legal representation fees, jurisdiction, how long the case takes, insurance policy limits, and more. If you have been injured in a car accident that was someone else’s fault, contact an attorney today.
A: The average car accident settlement amount in California is a challenging figure to determine, as each case is highly variable and unique. While there are specific figures offered online that claim to be an average settlement for a specific area, it is not often helpful to rely on these figures as you consider your circumstances. A car accident settlement is determined by several factors, such as the severity of injuries, property damage values, medical costs, repair costs, jurisdiction, insurance policies, and more.
A: Entities who can be sued in a car accident in California include any and all parties responsible for the accident. This can be due to another party’s intentional, negligent, or reckless action or inaction leading to the circumstances of the accident. The victim must have reasonable cause to believe the individual they are suing was responsible for the accident and should be held legally accountable for their actions.
Car accident victims in Rocklin have a wealth of attorneys to choose from when they suffer a car accident. While all of them can represent you, not all of them can do so well. At Kreeger Law, personal injury cases constitute our entire practice area. This has allowed us to specialize in one area and hone the necessary skills applicable to investigating car accidents, negotiating with insurance companies and representing you in court.
You deserve an attorney that has the necessary experience to improve your chances of winning your case. Contact Kreeger Law for a free consultation today at 916-782-8400. We’re ready to review your case and advise you on the next steps you need to take.
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