Legal Options

Car accidents are an everyday occurrence in the state of California. In fact, there were 3,606 traffic fatalities in 2019 alone. These crashes account for many catastrophic accidents that result in serious injury, and unfortunately, some fatal injuries, as well. If you were involved in a car accident in California, then it’s important that you know your legal options moving forward. Otherwise, you could be missing out on the financial compensation you deserve. Discover more about your legal options following an auto accident here. 

Why File a Personal Injury Claim?

Car accidents often result in serious injuries, such as traumatic brain injuries (TBIs) or spinal injuries, which can lead to long recovery periods, permanent disability, and even death. That’s not even taking into account the associating high medical bills.

If you have auto insurance, you may be covered for some of the damages. However, this depends on your policy. Oftentimes, coverage will not be enough to cover the costs of medical bills, loss of wages, car repairs, and other expenses. Moreover, it won’t cover the mental and physical trauma, like pain and suffering. 

Therefore, if the other party has insurance or financial assets, you can file a claim or your damages. However, before you file a claim, it’s crucial that you fully understand your legal options and how to successfully obtain compensation. 

A California lawyer who specializes in personal injury law can act as your legal representation throughout the claim process. Likewise, a lawyer will be able to navigate you through the complexities of California law. 

Statute of Limitations for a Personal Injury Claim

In California, if you’re injured in a car accident, then you only have two years from the date of the accident to file a personal injury claim. However,  if you have a post-accident injury that is discovered at a later time, then you have one year from the date the injury was discovered to file a claim. Common injuries that do not appear instantly or take time to fully manifest include internal bleeding and punctured organs. 

If you fail to file a claim within this time, you will not be able to file a claim or lawsuit in the future, as your legal options will have been relinquished by missing the deadline. 

Determining Fault After an Auto Accident 

Sometimes, it’s clear who is responsible for causing the auto accident. However, it’s not always apparent who is at fault, as multiple motorists could have contributed to the car accident. This is referred to as contributory or comparative negligence. These legal rules are based on the belief that multiple parties can be responsible for a car accident.

Each state recognizes some variation of this rule. California practices pure comparative fault, which holds every contributing party liable for damages. Based on the evidence, each party will owe a certain percentage in damages. Ultimately, the party who acted the most negligent, endangering the safety of others, will owe the most in damages.

Another factor to consider is that the at-fault party may attempt to avoid taking responsibility in order to prevent paying out damages. If the other party is dishonest and claims you are at fault, you may then be at risk for paying them compensation. In order to protect your rights, it’s important to consult with an experienced car accident lawyer. Legal representation helps victims recover maximum compensation. Additionally, it protects victims from being held liable for an accident that was not their fault.

Settle Your Claim Out of Court

In the US, most claims settle out of court, instead of going to litigation or trial before a judge and jury. The process of a personal injury claim follows six general steps:

1. Establishing who is at fault for the accident
2. Notifying the appropriate parties that you are filing a claim
3. Collecting evidence that supports your claim
4. Presenting your demand for compensation
5. Negotiating the settlement amount
6. Signing the settlement release agreement 

The steps are straightforward. However, a settlement can take months or even years to reach if the other party’s insurance is being uncooperative during the process. Insurers will use tactics like prolonging a personal injury case in hopes of getting the plaintiff to settle for a minimized offer.

Unfortunately, victims who do not have a full understanding of their legal options may settle for far less than what their car accident claim is worth. 

Options if Settlement Negotiations Fail

There are other legal options if negotiations fail and you’re unable to settle. This doesn’t involve filing a lawsuit. For instance, you could opt for mediation where you and the at-fault party negotiate with a neutral third party. The mediator will monitor and delegate to help both parties reach a resolution. Or, you could try arbitration, where you and the at-fault party present your respective sides in front of an arbitrator. The arbitrator is another neutral party whose responsibility is to listen to both sides and help them reach a solution. Unlike mediation, the arbitrator will determine if an award should or should not be awarded.

If the first two options fail, then you can still take your claim to small claims court. However, this option is only available if the cost of damages don’t exceed the court’s set limit.

Take the Defendant to Trial

If your claim is unable to settle in mediation, arbitration, or in small claims court, then the next step is to file a personal injury lawsuit. However, filing a lawsuit doesn’t always mean that you will have to go to court. 

There are two basic phases of a personal injury lawsuit: pre-trial that includes discovery and the actual trial. During the pre-trial and discovery process, both sides will question each other about facts about the auto accident. The questioning can span over many intermittent court appearances, taking many months to even a year to complete.

Then, trial will being. This is where a judge or jury will decide if the defendant is responsible for the accident. Also, they will determine how much you are owed in damages. Personal injury lawsuits rarely reach this point and often result in a settlement. However, if a case reaches this stage, legal representation is highly recommended. This is because the trial process is extremely complicated. 

Know Your Legal Options After a Car Accident  

If you don’t know all of your legal options, you could miss out on the compensation that you deserve. Navigating your personal injury claim by yourself is difficult, especially when it comes to personal injury law. The professional help of an experienced car  accident lawyer in California will help you recover the compensation you deserve.

Have you or a loved one recently been in a car accident? If so, then contact The Law Offices of Daniel Kim to learn more about your legal options moving forward.