Maison Law and our team of Riverbank personal injury lawyers can represent you if you’ve been in a car accident. There’s a number of different types of car accidents you could find yourself in, all with the possibility of hurting you and your family. You don’t have to face this alone. Contact us today to set up a free, no-obligation consultation to learn more about your options.
When Would You Need a Lawyer?
You don’t technically need a lawyer after a car accident in Riverbank. Hopefully, your accident or injuries are only minor and won’t require the legal process at all. However, given that the aftermath of any car accident can be overwhelming, our team can be a huge help. We pride ourselves on giving you personalized support based on your needs. Drawing on our expertise and client-centric approach, we can assist you by:
- Investigating the accident’s root cause.
- Helping you gather pertinent evidence.
- Conducting interviews with witnesses and specialists.
- Managing all communications with insurance companies and the opposing party’s legal representatives.
- Diligently going after a fair settlement on your behalf.
More than anything, we want to make the process easier for you and your family. We understand that when you’re in a car accident, it doesn’t just impact you. On top of that, any car accident can leave you facing injuries like:
- Whiplash injuries
- Fractures and broken bones
- Muscle and soft tissue injuries
- Head traumas
- Traumatic Brain Injuries (TBIs)
- Spinal cord and back injuries
- Lacerations and contusions
- Emotional and psychological trauma
No matter what happened in your car accident, it’s important to know two things: You can get financial help under California law, and you need to take steps to protect your claim.
Legal Options After a Car Accident
Just because you have legal options after a car accident doesn’t mean that the path is straightforward. In fact, every car accident is different, meaning there’s different circumstances for each accident. What this means for you, realistically, is that your path toward the available financial support won’t match exactly to others. At the same time, it’s helpful to look at the process generally to know what to expect, and what you can get.
There are two primary legal options in place: through an insurance claim or by filing a personal injury lawsuit:
- Insurance claim – After an accident, either your insurance company or the other party’s insurer becomes involved. You’ll submit your claim, and an adjuster will assess its value through their own investigation and questioning. Settling out of court can be quicker and cheaper, though negotiating with insurers may lead to delays or low settlement offers.
- Lawsuit – If the insurance settlement falls short (as it often does), you can move forward with a lawsuit and go to court. This process requires more time and effort but potentially offers higher damages. While you’ll have a more active role in legal proceedings, our team will handle most tasks.
Court success isn’t guaranteed, but it’s a vital option for getting financial support under California law. It’s crucial to note the two-year deadline for filing a claim in California; missing it means forfeiting the ability to file and recover “damages.”
Damages in a car accident claim
The main goal of the legal process after a car accident is to recover the financial support made available to you by the law. Known as “damages,” these are built around your injuries and losses. So, when you file your claim, you can potentially recover financial support for things like:
- Medical bills
- Repair or replacement expenses for your vehicle
- Lost wages or potential future earnings
- Pain and suffering you went through
- Emotional distress caused by the accident
- Decreased enjoyment of life or loss of companionship
- Funeral expenses if the accident resulted in a fatality.
Who Pays For Your Damages After a Car Accident?
Basically, figuring out who pays for your damages after a car accident depends on being able to prove who was at fault, which is determined by negligence. Proving negligence means proving the other party:
- Acted carelessly, leading to the accident and your injuries and losses.
Here’s what’s involved in proving negligence:
- The other person had a duty to drive safely and avoid harming others.
- They didn’t meet this duty because they were careless.
- Their carelessness directly caused the accident, which caused your injuries.
With that established, it becomes a bit more clear regarding who your claim will be against. Usually, it’s the other driver (specifically their car insurance company), but responsibility might be shared among others, like:
- Other drivers involved
- Vehicle owners if they weren’t driving
- Manufacturers if a car defect caused the accident
- Government agencies if bad roads were a factor
- Employers if the driver was on the job
- Mechanics or repair shops if bad repairs contributed to the accident.
Causes of Car Accidents in Riverbank
With the legal standard of liability, it’s straightforward. Negligence and liability is going to set the course of your claim. But in real world terms, it’s important to look at the circumstances and type of car accident to give you a better idea of what’s ahead of you. With so many drivers on Riverbank’s roads, whether it be Downtown or the Crossroads, it’s not surprising that car accidents are common. Further, there’s certain underlying causes for these accidents, like:
- Reckless driving or speeding
- Driving under the influence
- Driving while drowsy
- Distracted driving
- Failure to follow road laws in general
Obviously, these actions can lead to any type of car accident, from head-on collisions to sideswipes, among others. But as a car accident victim, it’s up to you to prove the extent of your damages.
How Can You Show the Extent of Your Damages After a Car Accident?
There’s no denying that a car accident can be very damaging to you. At worst, these accidents can leave you facing grave, even fatal injuries. But even with the protection of the law in California, you have to provide evidence of your damages when you file your claim. While this differs from case to case, some of the most common pieces of evidence includes:
- Photographs and videos – Visual evidence, like photos and videos taken right after the accident, can show the accident scene, vehicle damage, and injuries suffered. This can be influential in showing the severity of the accident and resulting damages.
- Accident reconstruction – Experts in accident reconstruction utilize physical evidence, witness statements, and data to reconstruct the accident and provide an analysis of its dynamics.
- Medical records – Your medical records are crucial for showing the extent of injuries, treatment received, and associated costs.
- Financial losses – In order to show how the accident has impacted your ability to work, you’ll want to keep things like tax returns, paychecks, and work schedules that show how you’ve had to miss out on earnings because of the accident.
- Witness statements – Eyewitnesses who observed the accident can offer accounts of what happened, aiding in establishing fault and evaluating damages.
- Expert testimony – Experts in various fields that have worked with you, like medical specialists or accountants, can provide specialized insights to support assertions regarding liability or damages.
Again, not every car accident is going to have the same evidence. But what’s important for you to remember is that you need evidence to show your losses. Our team of experienced car accident lawyers can help you gather this evidence, then present it in an effective way for your claim.
Experienced Riverbank Car Accident Lawyers
If you’ve been involved in a car accident in Riverbank and are dealing with injuries or other losses, you don’t need to go through the legal process alone. Our skilled and experienced car accident lawyers at Maison Law will be there for you. We’re dedicated to helping you through the legal process with personalized guidance and support. To get the process started, contact us today for a free consultation.
