The statute of limitations is a state law which limits how long an injury victim has to file a personal injury claim against the negligent party before they lose their legal right to do so. According to the California Code of Civil Procedure section 335, the state of California has a two-year timeline. This means you have two years from the date your accident happened to file, or you will most likely be unable to do so.
It’s important to note that some exceptions to this law exist. These exceptions can be niche and depend widely on the specific circumstances surrounding your case. As such, it’s crucial you speak with an experienced attorney to learn how long you have to file.
Beyond the statute of limitations, which applies to all personal injury claims, car accident injuries are different than other injuries covered by personal injury law in that they involve negotiations with a car insurance company. These insurance companies are trained to put their company’s best interest first, not yours.
Unlike insurance companies, our team will fight tirelessly on your behalf to secure the compensation you need and deserve to get your life back on track. If you have suffered injuries at the hands of a negligent driver, contact Leigh Law Firm for help today!
What Is the Average Settlement for a Car Accident in California?
Car accidents are a daily occurrence in California, and the insurance companies are always looking for ways to reduce what they have to pay to victims. Sometimes this means an outright refusal to pay anything.
However, in many cases, they will offer compensation right at the outset that is much less than what the victims are actually owed. While you should not refuse these offers, do not accept them without consulting a knowledgeable car accident attorney in San Diego.
There are many factors to consider when determining the compensation you are owed after an auto accident, including:
- Will you require long-term medical treatment?
- What are the damages to your vehicle?
- Were any other valuables in the vehicle damaged?
- Will you have to take time off work because of your injuries?
- How has the accident impacted your family and any other sources of income?
Looking for an accident lawyer in San Diego? Give us a call at (619) 473-7569 or contact us online today!
Insurance companies are counting on people’s ignorance of auto accident litigation in order to take advantage of them. Do not let this happen to you. Call on our experienced auto accident lawyer in San Diego for knowledgeable counsel and aggressive representation. We can interact with the insurance company on your behalf.
Recent California Car Accident Statistics You Should Know
The National Highway Traffic Safety Administration collects and records data and statistics about car accidents nationwide. The latest reports published for auto accidents in California were as follows:
- In 2018, there were over 3,500 fatalities as a result of traffic accidents.
- Of those fatalities which occurred in 2018, over 1,000 were a result of alcohol-impaired driving and over 900 were a result of speed-related accidents.
- In the same year, there were over 400 motorcyclist fatalities in California.
- In 2018, about 95.9% of those fatally injured in traffic accidents were noted to have been wearing their seat belts.
- In 2018 the most common crash types in California were the following:
- Single vehicle accidents - 2,034 fatalities
- Truck accidents - 352 fatalities
- Speeding accidents - 927 fatalities
- Rollover accidents - 809 fatalities
- Roadway departure accidents - 1,557 fatalities
- Intersection-related accidents - 919 fatalities
Have you gotten into a car accident? Call us at (619) 473-7569 for a free consultation with our car accident lawyer in San Diego today!
In 2018, the NHTSA noted that San Diego County was the 4th most dangerous county in California for traffic fatalities, accounting for 255 of the reported fatalities. Compared to 2017, San Diego saw a 6% increase in traffic-related fatalities in 2018.
Essential Steps to Take After a Car Accident
After an accident, you should first make sure that everyone is okay, then:
- Document the Incident Thoroughly: Take photos of the scene, including damages and injuries, to preserve evidence.
- Exchange contact and insurance information with the other parties involved in the crash.
- Contact your insurance company to let them know about the accident.
- If necessary, file a police report.
- Gather eyewitness information, if possible.
- Get in touch with a San Diego car accident attorney for further help!
Being proactive immediately after an accident is crucial. Even if injuries aren't readily apparent, seek a medical evaluation. Injuries like whiplash or internal trauma may manifest over time, and a medical report can serve as pivotal evidence in legal proceedings.
Common Injuries and Damages from Auto Accidents in California
There are a handful of frequently-occurring injuries involved in auto accidents, including:
- Sprains, fractures, and full breakage of the knees, back, shoulders, arms, hands, and neck.
- Concussions and possible brain injuries.
- Burns, scarring, and cuts.
Work with a skilled San Diego car accident attorney right away to help you seek compensation.
Call (619) 473-7569 to schedule your free consultation with a car accident lawyer in San Diego. At Leigh Law Firm, we work on contingency fees, so you don’t pay anything unless we recover compensation.
Frequently Asked Questions About San Diego Car Accidents
How Do I Know If I Have a Valid Car Accident Claim in San Diego?
Determining the validity of a car accident claim in San Diego depends on various factors. Key considerations include establishing the liability of the other party and proving damages, whether physical, emotional, or financial. Gathering solid evidence such as accident reports, witness statements, and medical records strengthens your claim. It's also crucial to act within the statute of limitations, which in California is typically two years from the date of the accident. Consulting with a qualified car accident lawyer provides clarity and ensures that you explore all possible avenues for compensation. They can offer an informed evaluation of your claim's potential based on the specifics of your situation, ensuring you take the correct steps toward securing justice.
What Should I Do If the Insurance Company Denies My Claim?
If your insurance claim is denied, don't lose hope. Begin by reviewing the denial letter, which outlines the reasons for the refusal. Issues such as lack of documentation or misunderstanding of your policy often lead to denials. Gather comprehensive documentation including police reports, medical records, and any correspondence with the insurance company to strengthen your case. You have the option to appeal the decision, often requiring a formal letter that details the evidence supporting your claim. Consulting with a lawyer is invaluable as they can negotiate with the insurance company on your behalf, potentially leading to a more favorable settlement. At Leigh Law Firm, our legal team is experienced in dealing with insurance firms to protect your interests effectively.
What Types of Compensation Can I Claim for My San Diego Car Accident?
After a car accident in San Diego, you may be eligible to claim several types of compensation, including medical expenses, lost wages, pain and suffering, and property damages. Medical expenses cover doctor visits, hospital stays, surgeries, and rehabilitation costs. If injuries prevent you from working, lost wages can be claimed to recoup your lost income. Pain and suffering compensation accounts for physical discomfort and emotional distress. Ensuring you receive a fair settlement often requires comprehensive documentation and strategic negotiation with insurers. The attorneys at Leigh Law Firm work diligently to ensure you pursue all potential compensation vigorously.
How Long Does It Typically Take to Resolve a Car Accident Claim?
The time it takes to resolve a car accident claim in San Diego can vary widely based on the case's complexity and the willingness of insurance companies to settle fairly. Some claims are settled within months, while others, especially those requiring litigation, may take years. Factors influencing this timeline include the severity of injuries, the availability of evidence, and the cooperation of both parties involved. Patience and persistence are integral during this process. Having an experienced legal team, like the one at Leigh Law Firm, can expedite your claim through adept negotiation and keen attention to detail, guiding you toward a resolution that reflects your best interests.
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