Maison Law’s team of lawyers represents injury victims in Stockton car accidents. We have extensive experience in dealing with insurance companies, experts, and other lawyers. More than that, we take pride in our approach to your particular case, giving you the attention and legal guidance you need to recover from your injuries. If you’ve been hurt in a car accident, contact us today for a free consultation.
Should You Work With a Lawyer After a Car Accident?
Not every car accident is the same, and even the ones that are very similar have their own unique circumstances. Not wearing a seatbelt is an important marker in a car accident because it complicates things in terms of liability and your potential options. But in a very real way, not wearing a seatbelt means that your injuries and damage will be more severe.
In terms of hiring a lawyer, you may not need to if your injuries or the actual accident is minor. As long as you can exchange information with the other person and go through your own insurance process, you probably don’t need a lawyer.
However, the more complicated your accident is, the more you could use experienced legal guidance. At Maison Law, we have developed a proven system of success in helping our clients. Here’s how we can help you:
- Free consultations – The starting point for working with you is your free initial consultation with our team. During this meeting, we’ll look over your case and help you understand what your rights and options are. If you want to move forward, we’ll give you a brief overview of the process and what you can expect.
- Legal experience – It goes without saying that our team has a great deal of legal experience that will benefit you. Throughout our practice, our team understands how California law works and how the system and process plays out.
- Collecting and analyzing evidence – Every car accident is going to have its share of evidence to collect. We can help you in getting important, vital things for your case. This usually includes medical records, photos, videos, incident reports, and witness statements.
- Negotiating – One way or the other, an insurance company is going to be involved in your case. This is going to, unfortunately, require a great deal of communication and negotiation. Our experienced and knowledgeable team can represent your interests in these negotiations and put together a strong case for you.
- Making the process easier for you – Being hurt in a car accident is hard enough in its own right. Yet, when you have to also deal with the legal or insurance process to get your rightful damages, it can quickly become overwhelming. Our team takes pride in making the process much easier on you and your family by taking the legal burden off your shoulders.
Understanding your options is extremely important in any car accident claim. However, with our help, you can focus on your physical and mental recovery. Still, it’s also important to know how the law works.
Can You Seek Damages If You Weren’t Wearing a Seatbelt in a Car Accident?
The good news, relatively, is that not wearing a seatbelt doesn’t prevent you from filing an injury claim. This is because injury law in California is built around liability and negligence. Basically, any injury victim has the right to file a claim against the party that was:
- Negligent
- Legally responsible for causing the accident
Negligence, in this context, refers to the other person’s duty of operating their vehicle in a way that is safe and prevents accidents that cause injury. So, when you’re in a car accident and not wearing a seatbelt, as long as you weren’t acting in a way that caused the accident–speeding, texting while driving–you can file a claim for financial support.
That said, not wearing a seatbelt is going to factor into your potential financial recovery. This is due to California’s “comparative negligence” rule. This holds that any level of fault you have in your accident will reduce your overall recovery. So, if you contributed 5% of fault to the accident by not wearing a seatbelt and making your injuries worse, your potential recovery will be reduced by that same 5%.
Damages
Damages is simply the legal term in place that refers to your losses resulting from a car accident. Usually, this revolves around things like your medical needs and the emotional trauma from the incident itself. Generally speaking, you can recover the following damages in a car accident claim:
- Medical expenses and bills – These damages cover the costs of medical treatment, bills, ongoing care, and any other medical expenses that resulted from the accident.
- Lost income – This category of damages are meant to cover any lost wages from not being able to work or missing work. It can also cover the loss of future earning potential.
- Pain and suffering – These damages cover the physical pain and mental anguish you suffer because of the accident.
- Emotional distress – Emotional distress damages are meant to cover the emotional and psychological turmoil that the accident caused you, like anxiety or PTSD.
- Loss of enjoyment of life or companionship – If the accident caused you to miss out on things you enjoyed previously or has impacted your personal relationships, these damages will cover such costs.
Remember, every case is different. Thus, your damages will differ from other car accidents, and they’ll rely on the specifics of your accident. Thus, things like not wearing a seatbelt and other factors will go into these damages and what you can potentially recover.
How Long Do You Have to File a Car Accident Claim?
A big aspect of any car accident claim in California is the statute of limitations. This is simply the deadline by which you can actually file your claim. In California, car accident claims have to be filed:
- Within two years from the date of the accident.
Missing this deadline means you won’t be able to file a claim, and more to the point, won’t be able to recover the financial support you and your family need to make a full recovery from your injuries.
Contact Maison Law For a Free Consultation
Facing an injury in a Stockton car accident means a long road to recovery, not to mention financial and personal strain on you and your loved ones. Because of this, getting financial support and benefits for your injuries is extremely important. At Maison Law, we can guide you through this process. Regardless of the circumstances of your car accident, we’ll be there to support you and protect your interests. Contact us today for a free consultation to get the process started.
