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Is it Worth Getting an Attorney for a Car Accident?

January 15, 2024 
by LA Injury Group
Is it Worth Getting an Attorney for a Car Accident

Attorney for a Car Accident - Car accidents are rampant in the state of California. Most of these accidents result in serious injuries that would require one to seek medical attention if they are to avoid life-threatening complications. These serious injuries would often result in substantial medical bills. Retaining a personal injury attorney following a vehicular accident is a pertinent thing to do in California to maximise the compensation that one is entitled to. It is important to note that a personal injury lawyer should be retained whether the accident is small or big. An attorney is vital in assisting a victim in navigating through complex legal processes, getting compensation, and dealing with any issue surrounding an insurance claim.

Most car accidents in California involve road accidents are caused by negligence.  Where negligence is alluded to, the process of claiming damages following a car accident. California is a no-fault state; hence, finding one culpable for negligence could be simplified where an attorney is on record.

Several parties will be encountered following a car accident, ranging from police who would come up with a police report, insurance companies, legal representation, and medical professionals. This process could only be eased with the presence of an attorney. Please get in touch with LA Injury Group today for the best outcome for your car accidents.

Is there a Viable Car Accident Case?

The first thing a car accident lawyer does is determine whether or not you have a case against the other driver. It is to be noted that a mere car accident does not automatically entitle one compensation. The victim has to establish that all the elements of negligence existed and that the defendant was in blatant violation of the same. It is in line with this requirement that a competent attorney on record would be essential to establish such.

The two pre-requisite conditions for the victim to be entitled to damages:

  • First, the defendant's negligence contributed to the accident in question.
  • Secondly, the accident left the victim in dire injuries.

Answering the two conditions could be challenging, save for circumstances where an attorney is in place to engage all the relevant stakeholders.

 Circumstances to Retain an Attorney for a Car Accident

Almost all circumstances call for the appointment of a lawyer following a car accident. Some of the circumstances that make it mandatory to retain an attorney include where there is:

  • Serious hurt that appears to be long-term, permanent or life-threatening
  • Where multiple people are included
  • Where there is a modality
  • Circumstances where there are healthcare problems and expenses that exceed insurance limits
  • Where there is no concurrence as to what causes the fault between parties.
  • Where work earning capacity has been impacted negatively and significantly
  • Where the accident in question occurred at a place of construction.
  • Where there is trauma sustained as a result of pain and suffering
  • Where challenges are engaging the insurance company or where the reimbursement offered is deemed less than what is duly claimed

Each of the listed conditions above carries some fiscal weight attached to it. Following a personal injury, the victim should prioritise the process of healing. While you embark on your recovery, you should allow your competent attorneys to handle your compensation claim. Your attorneys should be in a position to collect and collate evidence.

Ascertaining Liability following a Personal Injury in California

California, just like most states, is an at-fault state. Under the doctrine of at-fault, the negligent party's insurance obligation to settle costs. You can only take a settlement offer once you speak with your lawyer. You should also be aware that where there is contributory negligence, the victim is still entitled to compensation from the defendant.

Merits of Retaining a Competent Attorney

Expertise in Law

The legal process is challenging and needs attention and due diligence. Competent attorneys are well-versed in the hurdles that laypersons may need help comprehending. The main benefit of having an excellent attorney to have your back is that they can guide and support you throughout the legal proceedings. Also, lawyers can review your personal injury lawsuit and let you know how to move forward based on the elements gathered. Cumulatively, having an attorney by your side boosts the victim's confidence in pursuing the legal proceedings.

Negotiation with Insurance Firms

As a victim, you should not stress yourself with handling complex processes dealing with insurance on your own. Retaining our team of competent attorneys gives you a stress-free pursuit of your claim and ensures that you obtain reasonable compensation. Our attorneys would like to review your claim and assess its viability on the evidence beforehand. Our team of attorneys will follow up on insurance claims for you.

Our team of attorneys will help you figure out all your treatment experiences, fees related to it, and other related expenses.

Other than offering legal advice, we also let you know about the medication you need to pursue to ensure your recovery journey is not tampered with. We will also be able to help you follow all the reasonable compensation guidelines, ranging from medical treatment expenses to lost earnings. An attorney can help you with medical treatment. An attorney's role is not only limited to the pursuit of the claim but also offers assistance in your journey to recovery.

It is always essential to seek an attorney's help regardless of whether you think you were seriously injured or not.

Attorneys understand time limitations and will work with you to make sure you meet the essential deadlines.

The statute of limitations of two years from the accident date applies to car accidents in California. A duly qualified attorney will know how to navigate these timelines and obtain all necessary records and evidence.

The aim of filing claims within timelines is to preserve evidence.

Our attorneys will take up litigation should out-of-court negotiations with the insurance company fail.

Disagreements with insurance companies may arise from a lack of proper documentation or other reasons. Insurance firms are business-oriented in some instances and, therefore, should necessitate an attorney's presence. However, you can still receive compensation even if the original claim was denied.

Your attorney can help you collate and collect documentary evidence and case management preparations. Our team will also make oral arguments in court for you. We will certainly help you in pursuing your claim.

Possible compensation following a car accident

The various ranges of compensation available for victims include:

  • Current and prospective healthcare expenses
  • Anxiety and depression
  • Any impairment
  • Physical therapy charges
  • Wrongful death damages
  • Lost earnings both in the present and the future
  • Repair compensation
  • General damages for pain and suffering

Quantum of damages for Pain and Suffering following a Car Accident in California?

Quantum damages for pain and suffering after a car accident in California vary on a case-by-case basis. The award is always discretionary based on an assessment of the judicial officer handling the matter. The award is majorly based on the severity of injuries sustained.

Statutory Timelines of Limitations for Filing a Car Accident Claim in California

Statutes of limitations generally denote the timelines upon which a claim must be filed. In California, car accident claims are time-bound under the Civil Procedure Code. To that effect, the Civil Procedure, CCP § 338 stipulates the timelines for lodging various claims. Notably, under CCP § 335.1, a person who sustains an injury due to another person's negligence or wrongful actions has two (2) years to file a car accident claim.

Why is it Necessary to retain LA Injury Group following your Car Accident?

From the preceding, it is clear that an attorney plays a huge role in pursuing compensation claims following a car accident. We first draft a demand notice to the defendant and try out of court negotiations before resorting to court sessions.

Before discussing your situation, please don't accept any settlement offer from the insurance company.

As stated earlier, insurance companies are in the market for business. Failure to take abundant caution while negotiating with insurance companies is equivalent to being lowballed by the insurance company. Ensure you retain our competent team of attorneys before accepting any settlement offer from insurance companies.

Our team of attorneys is well-versed in all the steps leading to compensation and will take care of the claim for you. Contact LA Injury Group today.

The compensation you get following a car accident is not a favour from the insurance company. There are several costs incurred while recovering from your injuries.

Please allow our team of car accident lawyers to handle claims for you while you journey to recovery.

At LA Injury Group, we pursue your personal injury claim with all dedication and commitment to ensure you obtain the best outcome. We offer complimentary compensation following such accidents and a free case review to see if you're interested in your claim before taking further steps. Please get in touch with us today through our contacts, which are available online or on our website. If not, please feel free to visit us at our offices so we can hear your claim for assessment. Please don't hesitate to contact our competent team of attorneys today to help you get the best settlement for your claim. Call us today!

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