Car accidents are among the most common types of personal injury claims filed in California. Each year, between 20 and 50 million people in the United States are injured in traffic accidents. Unfortunately, there is a chance you may be involved in a traffic accident during your lifetime. Knowing how to file a personal injury claim after a California car accident is essential, and consulting a car accident lawyer can help you navigate the legal process and maximize your compensation.
What Is a Personal Injury Claim for a California Car Accident?
California tort laws hold at-fault parties liable for damages when they cause an accident. A personal injury claim is a right to pursue compensation against the party who caused your crash.
Damages from a car accident include economic damages, such as lost wages, property damages, out-of-pocket expenses, and medical bills. Car accident victims can also receive compensation for non-economic damages, which include mental anguish, physical discomfort, loss of enjoyment of life, and emotional distress.
A personal injury case typically begins with an insurance claim filed against the other driver’s liability insurance. California requires drivers to have minimum insurance coverage or another acceptable form of financial responsibility for car accidents they cause.
Steps To Take After a Car Accident
The decisions you make after a car accident can impact the outcome of your personal injury case. Steps to take immediately after a car accident in California include:
- Notify the police by calling 911
- Document the accident scene by taking photographs and making a cell phone video
- Ask eyewitnesses for their contact information
- Seek prompt medical treatment for your injuries because delays in medical care could hurt your case
Accident victims are not required to hire a car accident lawyer to file an insurance claim. However, it is wise to hire a car accident lawyer if you are involved in a traffic crash. An attorney understands personal injury laws and the claims process. They can take steps to protect your right to a fair settlement for your car accident injuries.
File an Insurance Claim
Notify the insurance company for the at-fault driver that you are filing a claim for damages. If you hire an attorney, your attorney can file the claim on your behalf.
Dealing with an insurance company can be overwhelming. Keep in mind that the insurance adjuster is not your friend. They protect the insurance company from liability. Having an attorney handle your claim means you have someone on your side who is looking out solely for your best interests.
Gather Evidence To Build a Case
You have the burden of proving the other driver caused the accident. As a result, you need evidence proving causation and fault. You must also prove that the car accident caused your injuries and that your damages are worth it.
A personal injury lawyer investigates the cause of your car accident, gathers evidence proving your claim, and has the resources to hire experts and perform a thorough investigation.
Make a Demand for Settlement
Your attorney prepares a settlement demand letter for the insurance company. The letter includes:
- A statement of the facts of the case
- An explanation of how the accident occurred and why the other driver is at fault
- A discussion of the laws and statutes that hold the other driver responsible for your damages
- An explanation of your damages
- A demand for settlement
The insurance company may accept the settlement demand and pay your claim. However, it could issue a counteroffer or dispute the claim instead. Most car accident claims are settled through negotiations with the insurance company, but this might not be the outcome in your case.
File a Personal Injury Lawsuit
If the insurance company refuses to pay a fair settlement for your claim, your attorney files a personal injury lawsuit. The California statute of limitations for most personal injury cases is two years from the injury date. However, there are exceptions.
Your personal injury lawsuit may settle before going to trial. After completing the discovery phase, parties may enter mediation or settlement negotiations.
Take Your Personal Injury Case to Trial
The last step in a personal injury case that has not been settled is to take the case to trial. A jury decides whether the other driver caused your accident and, if so, how much to award for damages.
Get Help With a Personal Injury Claim After a Car Accident in California
The days and weeks following a car accident can be overwhelming. Hiring a personal injury lawyer allows you to focus on your health. It also gives you resources you would not have if you handled the case yourself. Having a legal team on your side gives you a better chance of obtaining a fair settlement for your personal injury case.
Robert T. Simon is a co-founder and managing partner of The Simon Law Group, a law firm based in Los Angeles County and Orange County, CA with more than $600 million recovered on behalf of their clients. Contact them today for a free consultation.
