Knowing your rights and being able to legally argue for oneself after an accident is not an easy undertaking. Florin|Roebig law firm’s auto accident attorneys can assist you. We have obtained more than $1 billion in case results for our clients to far.
We can help you understand your legal rights, assess whether filing a claim is the best decision for you, and start the claim-filing process when you contact us for a free consultation.
If you have recently been in a car accident or are a surviving family member of a loved one who died in a car accident, you may be entitled to compensation. Here’s all you need to know about vehicle accidents in California.
What You Should Know About Auto Accident Claims
A car accident claim is a claim filed by an injured victim to seek compensation for injuries or property loss (such as vehicle damage) caused by the collision.
Personal injury claims or personal injury cases are other terms for car accident claims. The majority of lawsuits are settled out of court with the assistance of a car accident lawyer during the negotiation phase.
In rare situations, both parties are unable to reach an agreement on a settlement amount, and the matter must be resolved in court during a car accident litigation (personal injury lawsuit).
Car Accident Claims Eligibility
Anyone who is harmed in an automobile accident may be able to submit a personal injury claim to seek compensation for their injuries.
However, there are specific circumstances that may preclude a person from receiving compensation. In some areas, for example, those who are determined to be even 1% at fault for their accident may be barred from filing a vehicle accident claim.
In some places, you can claim compensation regardless of your amount of fault.
The regulations governing culpability in car accidents are complicated, vary by state, and have a direct impact on your ability to file a claim. As a result, consult with a vehicle accident lawyer as soon as possible to find out if you qualify for a car accident claim.
Process for Filing a Car Accident Claim
You can begin the claim-filing process after you know you qualify for one and have obtained legal counsel to determine whether this is the best option for you.The time frame for filing a vehicle accident injury claim differs depending on the specifics of each case. When you deal with a lawyer, however, they will handle the entire procedure for you, from filing the necessary documents and documentation with the courts to negotiating and eventually reaching a settlement.
State Laws Regarding Car Accidents
A variety of state regulations apply to car accident situations. The statute of limitations for vehicle accident claims and the regulations governing car accident culpability are two of the most important to examine.
The statute of limitations relates to the period of time you have to file a claim against the party who is at blame. In some states, the time limit is as short as two years, while in others, it is much longer. A lawyer can assist you understand your statute and file before it expires.
The laws in your state regarding vehicle accident fault may also have an impact on your claim. If you live in a no-fault state, for example, you cannot sue the at-fault driver until your accident-related damages exceed your insurance policy limits.
Car Accident Fault
One of the first factors that may influence your vehicle accident case is who was at fault. Fault can be assigned depending on a variety of variables, but in general, the party responsible for an accident is the one who was careless.
That is, someone generally does something that causes the accident – this is known legally as negligence.
However, culpability in car accidents is not always obvious. There may be numerous elements that influence who is deemed to be at fault. All of these elements will be considered by the courts for assessing blame, which determines who can be held liable (legally responsible) for the accident.
Some of the factors that influence fault in car accidents are as follows:
- Whether the irresponsible driver who caused the accident
- If the driver was impaired by drugs or alcohol
- What were the road conditions like?
- If the weather was inclement,
- Whether the car malfunctioned as a result of a manufacturing flaw.
Car Accident Liability
Someone may have caused your accident, but being at fault does not always render the party liable, or legally responsible, for compensating you for your losses.
That is, they could have been responsible for the accident owing to unavoidable circumstances. If a car’s brakes failed owing to a manufacturing flaw, for example, the driver would be at fault but unlikely to be held accountable for the accident.
Similarly, if a road repair employee left impediments in the roadway without posting a warning sign, this could lead to an accident. The motorist would be at fault in this instance, but not necessarily accountable.
In situations like this, courts consider a variety of considerations when deciding fault and culpability.
Florin|Roebig’s automobile accident attorneys can assist guarantee that the parties responsible for your injuries are held accountable and that you receive the compensation you deserve.