Suffering and auto accident injury can be painful and overwhelming, especially if you are unsure of what your options are for pursuing compensation. It’s worth taking some time to familiarize yourself with some of the basic compensation laws in California so that, should the time come, you are better prepared to know what steps to take. While it is possible to pursue compensation on your own, it’s highly recommended that you work with a seasoned auto accident attorney who can help you understand your rights and guide you successfully through the process while you focus on making a full recovery.
California is an “At Fault” State
Like many states, California is considered an “at fault” state. This means that the person who is pursuing compensation must demonstrate that the other driver was at fault in order for the claim to be successful. So, if you are seeking compensation from a driver who ran into your vehicle and injured you, you’ll have to present evidence of this driver’s reckless or inattentive behavior that led to the accident. Footage from traffic cameras showing that the driver ran a red light, cell phone records indicating that the driver was texting while behind the wheel, or other evidence showing fault will be useful in building a successful case. Your attorney will work with you to locate these important documents to ensure that your case is strong.
Understanding Comparative Negligence
In the event that your claim moves to litigation, the court will follow the guidelines of comparative negligence in order to determine the amount of compensation you receive. It’s up to the judge or jury to calculate each party’s percentage of fault and then reduce your damages accordingly. For instance, if you are awarded $50,000 in damages, but it’s determined that you were 20 percent at fault for the accident, you’ll receive $40,000 in all. If you have questions about comparative negligence laws in California, your auto accident lawyer will provide you with clear and helpful answers.
What Damages Cover
When you are injured in an auto accident, you have the legal right to pursue compensation that can go towards paying off the costs associated with the damages you suffered in the accident. Any compensation you recover can go towards paying down costly medical bills, lost wages, pain and suffering, and rental cars (if applicable). These financial damages are intended to help you recover physically, emotionally, mentally, and financially from the accident. When you meet with your attorney, you can discuss the specifics of your case to determine how much compensation you are requesting to help you get your life back on track. It’s important to recognize that, like all states, California has a statute of limitations that restricts your ability to pursue a personal injury lawsuit to two years. This means that it’s worth it to get started with your attorney right away before it’s too late to recover the compensation you are owed.
To learn more about auto accident compensation in the Temecula or Murrieta area, call 1-888-WORK (9675) to speak to a dedicated personal injury lawyer at Hales & Associates, A Professional Law Corporation today.