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Mattia Law Firm, APLC

Car accidents Attorney: Protecting Your Legal Rights

Car accidents can happen to anyone at any time, and when they do, the experience can be traumatic. It is essential to understand the steps you need to take after a car accident to protect your legal rights and obtain the compensation you deserve for any personal injuries.

In this article, we will explore the legal and compensation aspects of car accidents.

car accidents attorney

What to Do After a Car Accident

If you find yourself in a car accident, the first thing you need to do is to ensure your safety. If you or anyone else suffered injury, seek medical attention immediately. It is also crucial to move to a safe place away from the roadway to prevent further accidents.

To strengthen your position, collect as much evidence as possible from the accident scene. This includes photographs of the vehicles involved, their positions, skid marks, and any visible damage. After you secure your well-being, follow the following guidelines:

- Understanding the Severity

Before proceeding with your car accident injury claim, it’s vital to assess the severity of your injuries. Medical records play a pivotal role in substantiating your claim, so ensure you seek immediate medical attention. This step establishes a strong foundation for your case, allowing you to build a compelling argument with a help of your car accidents attorney

- Take Photos of the Accident Scene and Your Injuries

If possible, take photos of the scene of the collision, your injuries, and the damage to your car. These photos may help demonstrate the extent of the damages and injuries and that will help your car accidents attorney to obtain compensation.

- Notify Your Insurance Company

Promptly notify your insurance company about the accident. Cooperate fully with their requests for information, but be cautious when discussing fault. Leave discussions about liability to your car accidents attorney and legal professionals.

- Witness Statements

Eyewitness accounts can provide crucial support for your claim. Collect contact information from any witnesses and ask them to provide statements detailing what they saw. These statements can corroborate your version of events and will get a good support for your car accidents attorney.

- Notify Your Insurance Company

You should obtain a copy of the Traffic Collision Report from the relevant law enforcement agency as soon as possible, even if the report’s conclusions are not favorable to you. The report will help to determine liability in the accident.

- Keep Records of All Related Expenses

It is essential to keep copies of medical records or bills, repair receipts, wage loss, and any other related expenses. These records will help to demonstrate the financial loss you suffered due to the accident.

- Obtain a Copy of the Traffic Collision Report

You should obtain a copy of the Traffic Collision Report from the relevant law enforcement agency as soon as possible, even if the report’s conclusions are not favorable to you, leave that for your v to decide. The report will help to determine liability in the accident.

- Do Not Admit Fault or Sign Anything

It is essential not to admit any fault or sign anything relating to the accident. Insurance companies are eager to take advantage of accident victims who don’t know their rights. Their objective is to limit or deny claims payouts.

- Contact an Experienced Car Accident Lawyer

Contact an experienced car accidents attorney to learn the full value of your case and avoid making any mistakes on your own that the other driver’s car insurance company will seek to use against you. A knowledgeable lawyer can help you navigate the complex legal system and obtain the compensation you deserve.

How California Car Accident Laws Work

California law allows injured drivers, passengers, and loved ones of those injured or killed in car accidents to file a lawsuit against those responsible for the accident. Legal responsibility called “liability,” for a car accident often depends on the proof that another driver was at fault.

Proving the other driver operated the vehicle in an unsafe and unreasonable manner under the circumstances, known as negligence, is sufficient evidence to demonstrate liability.

In certain cases, non-driver factors lead to a car accident, such as roadway hazards, poorly-marked construction sites, construction site debris, sand, or gravel on roadways, and other dangerous road conditions.

The deadline under California to bring a lawsuit, known as the statute of limitations, can be as short as six months for claims against governmental agencies.

Compensation for Car Accident Lawsuits

The types of damages available to injured persons in car accident lawsuits include:

1. Physical Pain and Suffering, Mental Anguish, and Physical Impairment

The first type of damage is for past and future physical pain and suffering, mental anguish, and physical impairment. These damages attempt to compensate for the physical and emotional impact of the accident.
Quantifying pain and suffering can be challenging. An attorney can help assign a value to your physical and emotional distress, ensuring you seek fair compensation.

2. Past and Future Medical Expenses

Past and future medical, incidental, and hospital expenses are also compensable damages under California law. These damages include the cost of medical treatment, hospitalization, prescription medication, and other related expenses.
Compile all medical bills, including hospital stays, surgeries, medications, and rehabilitation costs. Ensure you retain all receipts for prescription drugs and any other relevant expenses.

3. Loss of Earnings and Earning Capacity

If your injuries resulted in time away from work, document your lost income. This may include sick leave, vacation days, and any future earning potential impacted by your injuries.
Past and future loss of earnings and earning capacity are compensable damages, which include lost wages due to injuries sustained in the accident and diminished earning capacity due to permanent injuries.

4. Property Damage

Property damages include damage to the vehicle, and replace or repair the damaged property.

5. Punitive Damages

Punitive damages may be awarded in cases of egregious wrongdoing. If the defendant acted intentionally or recklessly, punitive damages may be awarded as a form of punishment, and to deter others from behaving similarly.

6. Wrongful Death Damages

Wrongful death damages are available if the victim was killed in the accident. These damages compensate the victim’s family for the financial and emotional loss that resulted from the death.

accident settlements and car insurance

Compensation amounts following a lawsuit can vary greatly, and depend on the circumstances of the specific case. Even if you partly caused the accident, you can still obtain some compensation if the other driver was primarily responsible for the accident. 

The amount of the other person’s liability for the accident is determined by comparing his or her carelessness with your own, called comparative fault or negligence.

Conclusion

Navigating a car accident injury claim can be overwhelming, but with the right guidance and legal support, you can maximize your chances of success.

Remember that every case is unique, so consulting with a qualified car accidents attorney at Mattia Law, APLC is the first step toward obtaining the compensation you deserve. Don’t let a car accident define your future – take control of your claim today. Our car accidents attorney can help with all your legal issues

Why Choose Mattia Law Firm, APLC?

We offer each client individual superior legal representation backed by substantial financial and technological resources that no individual attorney or small law firm can provide. Our car accidents attorney are highly experienced in car accident personal injury cases and have an outstanding record of success.

We provide our clients with access to accident reconstruction experts, biomechanics, and economic experts who help identify the cause of the accident and who or what was at fault.

Your attorney will engage in negotiations with the insurance company to secure a fair settlement. If a suitable agreement cannot be reached, they will be prepared to take your case to court to ensure your rights are protected.

The Mattia Law Firm, APLC is a highly experienced car accident law firm that has worked on numerous cases related to car accidents. Since its founding in 1995, the Mattia Law Firm, APLC has represented hundreds of clients in the La Mesa and San Diego Areas.

  • Strong commitment to customer satisfaction
  • Industry-leading expertise and experience
  • Affordable pricing and flexible payment options
  • Personalized and attentive customer support
  • Innovative solutions to meet clients’ unique needs
  • Strong commitment to ethical and responsible business practices.