Drivers have a right to be safe on the road, but tragically that’s often not the case. Thousands of people were injured in California traffic accidents and 4,285 lost their lives in fatal collisions in California in 2021, according to the California Office of Traffic Safety.
When a collision occurs, crash victims or surviving loved ones of those killed in the accident have legal rights. Unfortunately, enforcing those rights can be complicated because insurance companies aim to pay out as little as possible. Navigating the court system to obtain fair compensation in these situations also requires specialized knowledge.
The good news is, JSM Injury Firm APC is here and ready to help.
Our Anaheim car accident lawyers have recovered millions of dollars in compensation for those hurt by negligent drivers. We work 24/7 to help our clients secure justice, and our results speak for themselves with many satisfied clients. Our firm has both settlement and litigation experience so we can help you resolve your claim in court or out, and we get paid only if you win.
To learn more about the dedicated and compassionate legal representation our firm can offer, give us a call today at (949) 404-4826 to schedule your free consultation with an Anaheim injury lawyer.
California law is very clear on the rights of car accident victims.
California Civil Code Section 1714 states that “everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person.” This statute means that victims who are harmed can recover if someone else hurt them as a result of negligence or wrongdoing.
California has also adopted a rule called pure comparative fault in a legal case called Li v. Yellow Cab Co., 532 P.2d 1226 (1975). Under this rule, a victim who is partly to blame for an accident can still get compensation from the other driver.
As California Civil Code Section 1431.2 explains, that compensation is simply reduced based on their own portion of fault. A victim who was 90% to blame for their own losses could still get paid for 10% of damages from the driver who shared the blame.
Victims do need to be able to prove their case, though. As the Judicial Council of California Civil Jury Instructions explains in CACI No. 400, crash victims can recover compensation if they can show:
You also need to act within the time allowed to make your case. California Code of Civil Procedure section 335.1 establishes a two-year statute of limitations, or time limit in which a claim must be brought, for legal actions arising from “assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
There are many different kinds of vehicles traveling on California’s roadways, and incidents can happen with any of them. Here are some of the many types of car accident claims our Anaheim car accident lawyers handle:
Often, specialized laws may impact your rights in each of these different types of cases. For example, in a truck accident claim, you may be able to pursue a case not just against the other driver but against their employer as well.
Because JSM Injury Firm APC has decades of experience handling each of these types of claims, we know the complexities of each case and can help you to make the law work for you.
Drivers are expected to follow the rules of the road and obey all traffic safety laws. They also must act with the level of care a hypothetical ordinary reasonable driver would under the circumstances. If a motorist falls short, they are classified as negligent and thus responsible for all the damage their carelessness causes them to endure.
Here are some of the most common causes of car accidents on California’s roadways, all of which are the result of the improper actions of motorists on the road:
These are just a few of many examples of the kinds of driver behaviors that could result in an accident claim.
JSM Injury Firm APC will help you assess evidence from the crash, gather witness testimony and police statements, and put together a solid case demonstrating the other driver was behaving unsafely and should thus be made to compensate you because their behavior had consequences for you.
When an individual suffers injuries due to the negligence of another person, it becomes critical to seek out legal guidance. While filing an insurance claim is likely to occur, it is not simplistic since insurance companies will do all they can to reduce the compensation paid. Yet, in every situation, your Anaheim car accident lawyer at JSM Insurance Firm APC is here to help you.
One of the steps we take is to create an exhaustive determination of the losses you have faced. This process enables us to maximize the compensation claim you receive and ultimately enables your attorney to pursue the money owed to you. There are several steps we take in this process.
One of the first steps to consider is your medical loss. After a car accident, you likely have numerous medical bills and various other damages associated with those medical bills. If the injury and medical care received are directly related to the car accident, the at-fault party may be responsible for paying those costs.
Some examples of the types of medical expenses that you may be able to pursue in an accident like this include:
Consider the wide range of medical losses you have. Then, seek out the help of your attorney to determine what those losses may also include. Often, they are more extensive than the initial medical bills you pay.
In serious car accidents, you may be unable to work for a period of time. During that time, you have lost pay for those hours as well as any benefits that would otherwise have accumulated, paid into your retirement and health savings accounts, or otherwise support you. You may be owed compensation for any lost wages you have.
Pain and suffering are a significant portion of many car accident claims, and yet it is one of the most complex areas to understand in determining your losses. Consider the following types of pain and suffering damages you may be able to seek:
Other types of pain and suffering may include the loss of companionship, mental suffering, shame and humiliation, shock, and trauma. For some people, anger, sexual dysfunction, depression, and grief are all components of pain and suffering.
Determining what your losses may be in a car accident is complex when you consider all forms of pain and suffering and other losses you suffered. Your car accident attorney will gather details of the incident but will often need additional evidence to support the claims you have for your losses. There are several ways your attorney will work to do this:
With the help of your Anaheim car accident lawyer, you can gather clarity on your losses and build a strong case for receiving those damages. Insurance companies will push back, but the more comprehensive your evidence is, the more likely you will be to get a fair recovery of the losses you have incurred. An experienced attorney works hard to make sure this happens. Be sure to talk to the team at JSM Injury Firm APC today about your case. You do not want to let the statute of limitations to file a claim run out before you can recover compensation.
When you are hurt in a car accident, you need a tough, dedicated, and compassionate lawyer who knows the law inside and out. The insurance company has experts working on their behalf, and you deserve a knowledgeable advocate in your own corner.
Give JSM Injury Firm APC a call at (949) 404-4826 today to talk with an Anaheim accident lawyer who is ready to fight for you.