Recovering From a Car Accident Through Insurance
The first step in recovering from any car accident is filing an auto insurance claim against the driver who caused the accident. State law requires every driver to have auto insurance that includes bodily injury liability coverage and property damage liability coverage. When an accident happens, the at-fault driver’s insurance pays for the victim’s damages. This might seem straightforward, but many variables can influence the outcome of an auto insurance claim.
If you did not suffer any injuries, you could still hold the at-fault driver accountable for the cost of repairing your vehicle. California’s minimum insurance coverage requirement for property damage is $5,000, so if your vehicle repair costs come out to less than $5,000, it’s possible to settle your case with just an insurance claim. However, there is always a chance for an insurance claim adjuster to dispute your case or outright deny your claim. Having an attorney draft a demand letter for coverage on your behalf significantly reduces the chances of experiencing this with your claim.
Settling a Personal Injury Case
Under state law, if another party injures you and/or causes economic losses, they are liable for these damages, and you have the right to seek accountability with a civil suit. A personal injury claim requires proof that another party directly caused your claimed damages, and you must be prepared to show the full extent of those damages.
In the event that the driver who caused your accident does not have insurance, or if their insurance coverage cannot fully cover the entire scope of your claimable damages, you have the right to file a personal injury claim against them. Most personal injury cases pertain to physical injuries, and car accidents are capable of resulting in bone fractures, brain injuries, internal organ damage, and more. However, you still have the right to file a personal injury claim even if you did not suffer physical injuries from your accident. As long as you can prove actual harm of some kind resulted from the other driver’s actions, you can proceed with a personal injury suit.
An experienced attorney is the right resource to consult if you are unsure whether you have grounds to file a personal injury claim. They can not only assist you in filing an insurance claim against the at-fault driver but also help you construct a personal injury suit if necessary. California law allows the plaintiff in a personal injury case to seek compensation for medical expenses, lost wages, lost future earnings, property damage, and pain and suffering resulting from negligence or intentional misconduct of any kind.
Q: How Much Can You Claim for Pain and Suffering in a Car Accident Case?
A: State law does not place any caps or limits on pain and suffering compensation in car accident claims. You have the right to seek whatever amount of compensation you believe is reasonable to reflect the physical pain and emotional distress you experienced from your recent accident. Your attorney can provide guidance as to what would be a reasonable amount for your individual case.
Q: How Do You Prove Medical Expenses in a Car Accident Claim?
A: When a defendant has caused physical injuries through negligence or misconduct, they bear liability for any and all medical care the victim requires to reach maximum medical improvement from their injuries. Your attorney can coordinate with your medical care team to assess the level of medical care you will require to reach maximum recovery. The defendant is liable for both immediate and future health care costs arising from their actions.
Q: Do I Need to Hire an Attorney After a Car Accident?
A: Legally, you are not required to hire an attorney to help you recover from a car accident. However, having legal counsel you can trust makes a recovery much easier. Your legal team can handle an insurance claim on your behalf and help you construct an effective personal injury claim. While it may not be legally necessary to hire an attorney, doing so will not only increase your chances of successfully securing compensation for your losses but also increase your chance of securing the maximum amount of compensation available under state law.
Q: How Soon Should I Hire a Lawyer After a Car Accident?
A: If your recent accident only caused cosmetic damage to your vehicle and no one was injured, it’s possible for you and the other driver to settle the issue privately or resolve the issue with just an insurance claim. However, if you suffered any injuries, you should consult an attorney as soon as possible. Do not discuss a settlement with an insurance company before consulting legal counsel, or you could unintentionally settle for far less than you legally deserve.
Q: How Much Does It Cost to Hire a Car Accident Attorney in California?
A: Kreeger Law Firm can provide the legal counsel you need after a car accident with contingency fee billing. This means you will not be obligated to pay upfront or ongoing legal fees for our firm’s representation. Instead, we take a percentage of the total compensation we recover on your behalf. Our fee is contingent upon our ability to win your case, and if we cannot secure compensation for any reason, you will pay nothing.
Kreeger Law Firm has the professional legal experience you need on your side to reach the optimal outcome for your recovery efforts after an accident. No matter how simple or complex you believe your car accident case to be, contact us today and schedule a free consultation to learn how our firm can help you recover as fully as possible.