San Diego Car Accident Lawyer
Getting the compensation you deserve after you’re injured in a car accident is essential to your full recovery, but that doesn’t mean it’s going to be an easy process. Let a San Diego car crash lawyer make the process easier.
Seconds after a car crash, your mind is on immediate concerns like how serious the resulting injuries are and how damaged your car is. But the concerns related to your accident are likely to persist for long after the crash.
Doctors and mechanics don’t care who was at fault for your crash; they just want to know you can pay for their services. But you shouldn’t have to pay if your car accident was someone else’s fault.
At The Kindley Firm, APC, we know how difficult it can be to get the compensation you deserve after a car accident. That’s why we recommend partnering with a San Diego car accident lawyer with our firm to help you get what you’re owed.
Dealing with Insurance
Insurance companies can be extremely deceptive, which is why it pays to have sound legal representation from the outset.
One trick insurers have long deployed is delaying payment for a claim until the last minute, essentially holding you financially hostage. Many victims give in and accept a low settlement offer because they have bills they have to pay.
And because insurers have their own legal counsel, you can be sure that anything you say to them can be used to justify giving you less compensation. That’s why it’s best to let your San Diego car crash attorney deal with the insurance company on your behalf.
Profit is the primary motivator for insurance companies. To that end, they’ll do whatever they can to lower your settlement offer or not compensate you at all. But you don’t have to let your personal lack of legal knowledge be used against you; you can enlist the help of a San Diego car accident injury lawyer.
Identifying the Responsible Parties
While you may have the contact and insurance information of the responsible driver, an investigation into the parties at fault isn’t as simple as just making a couple of phone calls.
Many auto accidents can actually be attributed to multiple parties, which can help you in numerous ways, the most important of which being your ability to recover additional compensation. However, proving the fault of multiple parties in a car crash can be a complicated legal matter.
The following are some common causes of car collisions that a San Diego car wreck lawyer can help you identify:
- Distracted Driving – Whether the driver was texting or eating behind the wheel, distracted driving is a negligent driving behavior. It’s also a major contributor to road deaths, as well as other serious consequences.
- Driving Under the Influence – Driving under the influence of alcohol or drugs is a serious criminal act and safety hazard that can prove negligence in a car accident case.
- Speeding – Driving over the speed limit is inviting trouble, and it can be used to prove a driver’s recklessness.
- Tailgating – Tailgating is extremely common, but that doesn’t make it any less dangerous. If a driver has to stop on a dime, the tailgater is almost certain to rear-end the vehicle in front of him or her, which can cause serious injuries and vehicle damage.
- Dangerous Road Conditions – If a state or local government agency is found to have left its roads in disrepair, the entity can be named in your claim if the hazardous roads caused your crash.
- Road Construction – Contractors servicing a roadside project can be held accountable if they contributed to your accident.
Understanding Comparative Fault
California is a comparative fault state, which means responsibility for a crash can be divided among any and all parties at fault in the collision. If you’re found partially responsible for your San Diego car accident injuries, your compensation award will be reduced by the proportion of responsibility you’re found to hold.
For example, if three parties are involved in a crash, the courts may determine that one party shoulders 40 percent of the responsibility, another 50 percent, and the last party the remaining 10 percent. If you were that last party, 10 percent of the damages awarded to you would be withheld.
Damages You Can Recover
Perhaps the most critical component of your legal case is the claims you bring forth. These will determine how much you will receive in compensation should your suit be successful.
It bears repeating that insurance companies will try to get you settle because that will put a smaller dent in their bank accounts. Regardless of the severity of your injuries, don’t expect any sympathy from anyone on the other side of the table.
Working alongside a San Diego car accident attorney will allow you to avoid selling your claim short. The following are some common financial and non-economic damages you may be able to seek after your San Diego car accident:
- Current and future medical care, including any procedures or surgeries
- Medication, medical devices, and related items
- Lost wages and income potential
- Vehicle repair or replacement
- Emotional distress
- Reduced enjoyment of life
- Pain and suffering
It’s important that you don’t undersell the extent to which you’ve been injured—in a financial, physical, or psychological sense. Even if your damages aren’t permanent and you expect a speedy recovery, you are entitled to whatever compensation the law permits.
A San Diego vehicle collision lawyer can help you determine all of your damages and raise your chance of getting them.
San Diego Car Accident FAQ
After your car accident, you’re going to have some questions. Your San Diego car crash attorney will be able to answer any questions you have, but we’ve answered a few common questions victims have after San Diego car accidents below.
How long do I have to file a car accident claim?
Under California law, you have two years from the date of your car accident injury to file a claim for compensation. If you didn’t immediately discover the injury, you have one year from the date you discovered it.
Can I file a claim if my family member died in the car accident?
Spouses, children, and parents of people who die in a car accident caused by someone else’s negligent behavior can file a wrongful death claim. These claims can include compensation for financial support the deceased would have provided and medical expenses related to the accident, as well as compensation for intangible damages like guidance and care.
What kinds of evidence will strengthen my car crash case?
Generally, the more evidence you have to prove what happened in your car accident, the better chance you stand of receiving compensation for your damages. Police reports, your medical records, photos and videos from the accident, and witness statements will all help confirm your story.
Keep in mind that evidence tends to disappear over time, so it’s important to start the claim process as soon as you can.
Contact a San Diego Car Crash Lawyer
After your car wreck, it pays to work with an experienced and dedicated team that will be with you through every step of your pursuit of compensation.
A San Diego car accident lawyer with The Kindley Firm, APC, can help you get back on your feet without having to worry about the complicated legal details. Reach out by calling 619-550-1313 or filling out the online contact form below.