What Is Negligence Or Fault? How Can It Affect My Auto Injury Case?
Negligence is when someone is not paying attention or is doing something wrong, and they cause an accident. That accident causes injuries to people and that’s what we want those people to get compensated for.
What Are The Statute Of Limitations For Bringing An Auto Wreck Lawsuit In California?
For negligence claims, you have two years from the date of the accident to bring a lawsuit. For the property damage associated with that accident, you have three years from the date of the accident.
What Steps Should I Take If I Have Been injured In An Auto Accident Case?
If you have been injured in an auto accident, first, you have to make sure that you get medical help for your injury. Then, file a claim. You need to document all of your injuries and your claims and continue going to the doctor to document the fact that you were injured and that you required treatment. Then, add up all your other damages, like lost wages or property damage.
Should I Notify The Other Driver’s Insurance Of An Auto Accident?
You should contact your own auto insurance company after an accident and they will handle the claim for you. Sometimes, they will not notify the other side’s insurance company and then you can take it upon yourself to notify them. However, when you call the other side’s insurance company, do not make a recorded statement or make declarations about fault, or the cause of the accident.
What Defenses Do Insurance Companies Use To Avoid Paying Out On Personal Injury Claims?
Auto insurance companies usually state that you were not injured as much as you say you were injured. They claim that sort of pain was not related to the accident and your injuries could not have been caused by the mechanics of the accident. They’ll also say that you waited too long to get medical treatment. That is why it’s important to go to the doctor right away after an accident.
How Long Is Too Long To Seek Medical Treatment After An Auto Accident?
Generally, if you wait more than a few days after an accident to seek medical treatment, then the auto insurance company will be suspicious of your injury. Waiting will really hurt you when it comes time to settle your claim.
How Can Gaps In Care Impact My Personal Injury Claim?
Gaps in treatment absolutely hurt your claim because it will look like you were fully recovered and then you injured yourself in some activity, separate from the accident, and tried to get compensated for that separate injury. Always try to avoid gaps in treatment and gaps in care.
What Factors Can Cause My Personal Injury Claim To Be Litigated?
Usually, the defense in any small injury case won’t settle for a large amount. Unfortunately, that could mean that even if you are suffering from a great deal of pain, if you don’t get a significant amount of treatment and we can’t prove significant loss of income, the insurance companies don’t want to pay you more than your medical bills and sometimes not even that. If you can’t point to some substantial injuries, it’s difficult to get a high recovery, and then the defense will force litigation.
How Do You Advise Someone Who Wants To Handle Their Personal Injury Claim Without An Attorney?
You certainly have the right to handle a personal injury claim on your own. However, time and again, I’ve had clients call me and say that the insurance company wants to give them $500 for their injury when it’s clear that their injury is worth $5,000 or more. An attorney on your side says that you’re not willing to be taken advantage of by these companies.
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