If you are injured in a car accident, the most important thing to do is seek medical attention. Once you have taken care of your health, there are several steps you should take to protect your legal rights. You should:
What To Do After A Car Accident.
1) File a police report and obtain a copy.
After a car accident injury, the first thing you should do is file a police report. You should also request a copy of the report. This document will be important in establishing the facts of the accident and proving your case.
The police report will include the following information:
- The date, time, and location of the accident
- Your car’s location in relation to the other car(s) involved
- The weather conditions at the time of the accident
- A description of injuries received
- The police officer’s opinion about who was most responsible for the car accident. In addition to filing a car accident report, you should also request a copy of the accident report.
- The car insurance information for all parties involved
- The car’s registration number, make, model, and year
- The car accident report will also include the following information about you:
- Your car insurance information
Your car insurance company will want to know this information so they can investigate your claim.
2) Get the other driver’s contact and insurance information.
If you can, you should get the other driver’s contact and car insurance information. This will be important to file a claim with their insurance company.
3) Take photos of the accident scene and car damage.
While you may not want to take pictures of car damage or car accidents, it is important that you do so because this evidence could win your case. The conditions at the accident scene can change quickly, and any evidence you have can help your case.
You should take pictures of:
- The car accident scene
- Your car’s damage
- The other car(s) involved in the car accident
- Road conditions
- Traffic signs and signals near the car accident
4) Notify your insurance company as soon as possible.
When you are injured in a car accident, you should notify your insurance company as soon as possible. Many people try to negotiate with their insurance company on their own after a car accident. This is not recommended, because insurance companies have more experience negotiating accident claims than you.
It is important to remember that the insurance companies are not on your side. They want to pay you as little money as possible. A car accident attorney will negotiate on your behalf and increase the amount of compensation you receive.
5) Contact a Personal Injury Attorney.
It’s important to get legal representation from a lawyer that focuses on personal injury claims. Regardless of the injuries sustained, whether you suffered minor injuries, physical injuries, catastrophic injuries, wrongful death, or anything else, proper legal counsel can result in you recovering economic and noneconomic damages.
If you have been injured in a car accident, contact JSM Injury Firm APC at 949-404-4826 for a free consultation with a car accident lawyer.
How Car Accident Lawyers Can Help You.
If you have been injured in a car accident, a car accident attorney can help you through the legal process. Attorneys will:
1. Review your car accident report
When you contact a car accident attorney, they will ask to see your car accident report. This document is very important because it establishes the facts of the case and who was at fault for the accident. Without this information, it can be difficult for an attorney to determine if you have a strong case.
2. Investigate whether anyone involved in the car accident was under the influence of alcohol or drugs at the time of the car accident.
It is important to know if anyone involved in a car accident was under the influence of alcohol or drugs, because this information will help determine who is at fault for the car accident. Additionally, determining who was under the influence of alcohol or drugs at the time of the car accident can help an attorney prove negligence in a car accident case.
3. Determine who was at fault for the car accident.
Determining who is responsible for an accident is important, because it determines who is responsible for the damages caused by the car accident. This information is necessary to file an insurance claim.
4. File a car accident claim on your behalf.
If you have been injured in a car accident, it is important that you file a claim with the insurance company as soon as possible. An attorney can help you through this process and ensure that insurance companies pay fair compensation for your injuries.
5. Represent you in court if the car accident case goes to trial.
If the insurance company does not offer a fair amount of compensation for your injuries, an attorney can represent you in court. Car accident attorneys have experience trying car accident cases and know how to get the most money for their clients.
Can I Afford Personal Injury Lawyers?
Many people do not pursue a car accident case because they think they cannot afford to hire an attorney. This is not true! Personal injury lawyers work on a contingency fee basis, which means they only get paid if you win your case. In other words, you do not have to pay anything unless the attorney recovers money for you. Our law firm endorses a “Risk Fee No Fee Guarantee“. So if you do not win your case, you owe us nothing. If you are interested in learning more about the personal injury law firm at JSM Injury Firm APC or how a contingency fee works, please contact us.
If you have been injured in a car accident, contact JSM Injury Firm APC at 949-404-4826 for a free consultation with a car accident lawyer.
Issues Common To Car Accident Cases.
There are a few common issues that arise in car accident cases:
Who is at fault for the car accident?
The first issue that arises in a car accident case is determining who is at fault for the car accident. In California, there are two main issues to consider: driver negligence and comparative negligence.
In order to determine if someone was negligent behind the wheel of their car, you need to consider the California Vehicle Code. Under the California Vehicle Code, there are specific rules that drivers must follow while driving. Some examples of things that can be considered driver negligence include: speeding, running a red light or stop sign, texting while driving, and improperly changing lanes.
If the driver who hit you was not negligent, you may still recover money for your injuries. This is done by proving that the other driver was comparative negligent. Comparative negligence means the other driver was partially responsible for the car accident. To prove comparative negligence, you will need to show that the other driver did something that contributed to the car accident.
How much money should I receive for my injuries?
When you are injured in a car accident, you are entitled to receive money for your injuries. The amount of money you receive depends on a few factors, including: the severity of your injuries, how long it takes you to recover from your injuries, and whether you have to miss work while you recover.
What is the statute of limitations for filing a car accident claim?
California has a two year statute of limitations period in which you can file your car accident claim. This means that your car accident case must be filed within two years from the date the personal injury occurred. If you wait longer, you will not be able to file your case and pursue compensation for your injuries.
How do I prove negligence in a car accident case?
To prove negligence, we need to identify all negligent parties and show how each party is liable for your injuries. There are different degrees of liability when considering both driver and comparative negligence:
1) Liability: This means there was some element of negligence on the part of a party.
2) Breach: This means the person breached their duty of care and did something negligent to cause the injury.
3) Causation: This means there was a direct link between breaching your duty and causing an accident.
4) Damages: The final step in proving negligence is showing how you were damaged.
How do I prove my damages?
Damages are simply what someone receives when they win money for their injuries at trial or during settlement negotiations with their insurer. In personal injury lawsuits, damages include past medical bills, future medical bills, property damage (damage to your car), out-of-pocket expenses (such as clothes and food if you had to take time off of work), and lost income (the money you missed when you were unable to work).
Who Is Responsible For Motor Vehicle Accidents?
The most common parties responsible for motor vehicle accidents are drivers. However, in some cases, pedestrians or passengers can also be at fault.
To keep the roads safe, every motor vehicle driver must follow specific rules outlined in California state law. Examples of factors that could be considered driver negligence include: speeding, running a red light or stop sign, texting while driving, and improperly changing lanes.
To keep pedestrians safe, they must follow certain rules of the road outlined in California state law. These rules include staying on sidewalks or paths where available, using crosswalks when crossing the street, and not darting out into traffic suddenly.
When you are a passenger in a car, riding a motorcycle, or have another type of transportation going to your destination, you must follow the rules of the road outlined by California state law. These rules include wearing a seatbelt and not distracting the driver while they are behind the wheel.
Car Accident Causes.
When you are involved in a car accident, there could be many factors that contributed to the crash. These include:
You can help protect yourself from distracted drivers by keeping your eyes on the road and not allowing yourself to become distracted while you drive. Distracted driving is one of the biggest causes of accidents in California. Examples of distracted driving include: texting, eating or drinking, applying make-up, talking to other passengers in the car, and even changing the radio station.
All drivers must follow specific rules outlined by state law that address how to safely drive on wet or icy roads. If a driver does not take appropriate precautions or follow these rules, they can be found negligent for any accidents that occur.
Defective car parts.
If you have been in an accident and believe a defective car part may have contributed to the crash, it is important to speak with an experienced personal injury lawyer as soon as possible. Defective car parts can often be traced back to the manufacturer, and by filing a lawsuit, you may recover compensation for your injuries.
If you are injured in a car accident, it is important to seek medical attention immediately. You should also speak with an experienced personal injury lawyer as soon as possible. By working closely with your attorney, you have the best chance of winning your case and recovering compensation for your injuries.
Damages Available To An Accident Victim.
The damages you receive in a personal injury case are based on the extent of your injuries. Damages can include:
- Past and future medical expenses
- Past and future lose wages and lost earning capacity.
- Property damage
- Past and future pain and suffering
Each of these will be discussed in depth below:
Past and future medical expenses.
Any medical expenses you have already paid or that are expected to be paid in the future are typically recoverable. This includes costs for prescription medications, therapies, surgeries, hospital stays, x-rays, and any other types of care you may need after your accident. You can further recover the cost of alternative forms of care, such as chiropractics or acupuncture. These expenses can be recovered regardless of whether the property damage in your accident was minor or major, so long as you suffered injuries where such medical treatment as medically necessary.
Past and future lost wages and lost earning capacity.
If you have missed work due to your injuries, or if you are unable to return to the same job because of them, you can recover the wages you have lost. This also includes future lost wages if you are unable to return to work at all. In some cases, if the injuries you suffered in the accident prevent you from ever returning to work, there may be damages for future lost earning capacity.
If your car or another piece of property was damaged in the accident, you can recover those costs as well. This includes the cost of repairing or replacing your vehicle and any other personal belongings damaged in the car accident.
Past and future pain and suffering.
This type of damages is typically one of the largest claims in any personal injury case, both for the amount it can recover, as well as the intangible nature of what it represents. The law recognizes that when you are injured in an accident, your life changes forever. You may now suffer from chronic pain, have lost the ability to do things you once enjoyed, or be constantly worried about future health problems. The amount of these damages will vary depending on the facts of your case, but can be significant.
What Is A Car Black Box & How Is It Used By A Car Accident Lawyer?
A car black box is essentially an electronic monitoring device that records details about the operation of a vehicle. With the increasing focus on preventing traffic accidents and promoting safer driving, these devices are installed in more vehicles every day. Black boxes are often referred to as “event data recorders” or EDRs, because an accident usually activates them or other sudden events.
Car accident lawyers often use EDRs to help establish what happened in an accident. They can provide valuable information about things like the speed of the vehicle, how the brakes were applied, and whether the driver was wearing a seat belt. In many cases, this data is crucial in helping determine who was at fault in the accident, particularly when the other party disputes what happened.
Car black boxes can also be helpful to personal injury lawyers in determining the extent of injuries and damage after an accident. While insurers like to claim damages were less than they appear, EDRs can determine whether there were pre-impact skids, bumps, or movements which could indicate a possible mechanical failure before impact.
Your car accident lawyer can subpoena the black box data from the insurance company or the vehicle manufacturer, if necessary. As with all legal matters, however, it is best to speak to experienced personal injury lawyers to find out how black box data can be used in your specific case.
Why You Should Not Negotiate On Your Own With Your Insurer After a Car Accident.
A car accident can be a chaotic and even traumatizing event. There’s the car damage, medical bills to consider, and lost wages. It seems too much for one person to handle, and that is why insurance companies exist: To take care of car accidents and all their legal entanglements. Insurance adjusters work on behalf of car insurance companies to make car accident victims whole again. Except car insurance companies aren’t always out to make car accident victims whole, and that’s where problems can arise when car accident victims don’t have a personal injury lawyer helping them.
After a car accident in California, the process of getting compensation for your injuries is pretty straightforward: you file an insurance claim with the auto insurance company, and they pay for your medical bills, car repair, and other damages. However, what happens when insurance companies do not agree to pay for all your damages? In this case, you can negotiate with the insurance adjuster yourself, or hire personal injury lawyers to do it for you.
This is a very important decision. It would be nice to think it’s possible to get fair compensation for your injuries, car damage and other losses by talking to the insurer on your own. After all, we’ve been doing it our whole lives when calling our auto insurance company because we got in a minor, non-injury accident or rattled off a 3-page letter to our health insurance company about the new medication we’ve been prescribed. But when it comes to car accidents, the playing field is tilted in favor of the insurer from the beginning.
The vast majority of personal injury cases are settled out of court, and for good reason: It’s cheaper and faster for everyone involved. Insurance adjusters know this, and they use it to their advantage when negotiating with car accident victims. They know that most people don’t have the time or money to go to court, so they’ll offer a lower settlement than what the victim is actually entitled to. This is where car accident lawyers can help.
A good car accident lawyer will know the ins and outs of the legal system, and more importantly, will know how to negotiate with the insurance company. A lawyer will also have the resources to take your case to court if necessary.
It’s important to remember that the insurance adjuster works for the car insurance company, not for you. Don’t be fooled by their friendly demeanor or promises of a quick and easy resolution. Always consult with a personal lawyer before accepting a settlement from insurance companies.
The Bottom Line.
If you’ve been in a car accident, don’t try to negotiate with the insurance adjuster on your own. It’s not worth the time or hassle, and you’re likely to get less than you deserve. Instead, get skilled car accident lawyers involved who will fight for your rights and ensure you’re compensated fairly for your injuries.
How Can I Find An Auto Accident Lawyer Near Me?
If you’ve been in a car accident, whether rear end accidents, workplace accidents, bicycle accidents, pedestrian accidents, truck accidents, or motorcycle accident, don’t try to negotiate with the insurance adjuster on your own. It’s not worth the time or hassle, and you’re likely to get less than you deserve. When you need help after a car accident, it’s best to call experienced personal injury lawyers that regularly represent victims of car accident injury.
At JSM Injury Firm APC, we have the experience and resources to help you get the compensation you deserve. Contact us today for a free consultation. We’ll review your case and let you know how we can help. If we agree to take on your case, we will only owe us contingency fees, which means there will be no upfront costs. You won’t regret it.
Call us now: 949-404-4826. You can also click here to schedule a free initial consultation.