Maison Law represents people who have been hurt in all different types of car accidents throughout Stockton. Among these, one of the most common is a rear-end accident.
If you or a loved one is injured in a rear-end car accident, contact us for a free consultation. Our experienced car accident lawyers know California’s injury laws and insurance practices well. We’ll help you build a strong case for damages, so you can focus on your recovery
Determining Fault in Car Accidents
The first question you’ll need to answer after a rear-end accident is who is at fault. In legal terms, this means establishing “liability.” In order to do that, you have to show that the other person’s negligence directly caused the accident. This usually involves proving four key points:
- The other driver or party was supposed to drive safely and prevent harm.
- They didn’t meet this duty, showing negligence.
- Their negligence directly caused the accident.
- A clear link connects your injuries to the accident.
After figuring out these details, we can better figure out who is responsible for your injuries and damages. Keep in mind that blame might be shared among different people, and sometimes, you might be partly responsible. In a usual rear-end car accident case, different parties could be considered responsible, like:
- Other drivers
- Vehicle owners (if the car doesn’t belong to the driver)
- Parts manufacturers
- Government agencies
- Employers
- Repair shops or mechanics
Should You Hire a Lawyer?
Another big question you’ll need to ask yourself is whether or not you want a lawyer. Now, the circumstances of the accident are going to weigh heavily into your decision. If the accident and your injuries are minor, you likely won’t need a lawyer. However, with most rear-end accidents, your injuries and the damage can be quite significant. This, coupled with any liability issues, could mean that the legal process will be a bit more complicated. At that point, our team can step in and really help you.
We’ve got plenty of experience in handling these types of cases and can help you in a variety of ways:
- Legal guidance – Obviously, our experienced team can provide you with legal advice, explaining your rights and options following a rear-end accident. We’ll also inform you about the claims process, insurance coverage, and other legal considerations.
- Investigation – Leveraging our experience and resources, we put together a thorough investigation into the accident’s cause. We gather evidence, including witness statements, police reports, and medical records, to build a strong case on your behalf.
- Negotiation – A crucial aspect of our representation involves leading negotiations with insurance companies. We make sure you have a strong case for your injuries and damages, advocate for your rights and safeguard your interests throughout the claims process.
- Representing you in court – If necessary, our lawyers can represent you in court, presenting your case before a judge or jury. With our experience in litigating rear-end car accident cases, we tirelessly work to secure a fair outcome for you.
- Valuing your damages – The ultimate goal is to help you recover damages for medical expenses, lost wages, property damage, and other related costs. Our lawyers assist in pursuing financial support for any damages you’ve suffered, exploring alternative avenues if needed.
- Giving you peace of mind -Most importantly, our lawyers work to give you peace of mind in difficult times. We understand the stress from a rear-end car accident and aim to ease your worries, providing the support you need to recover and move forward.
Navigating the recovery process alone after a Stockton rear-end car accident can be overwhelming. Our team not only takes pride in our legal services but also in providing essential emotional support to each client.
Is There a Deadline to File a Car Accident Claim in California?
Even with liability established and a strong case, you ultimately have to file your claim within California’s statute of limitations for injury claims. Currently, you have two years from the date of the accident to file your claim. Not meeting this deadline means that, regardless of any other circumstances, you won’t be able to pursue much-needed damages from the responsible party.
Should You File a Lawsuit or an Insurance Claim After a Car Accident?
Much like the circumstances of the accident will decide whether or not you even need a lawyer, your particular rear-end car accident’s circumstances will likely tell you whether you need to file a lawsuit or simply an insurance claim. Before making that decision, though, it’s important to understand how both are similar and different.
To put it simply, an insurance claim happens “out of court,” while a lawsuit is a formal legal action in open court. An insurance claim is like asking the insurance company for payment after an accident, while a lawsuit is about seeking financial damages through the legal process.
Choosing between an insurance claim and a lawsuit depends on things like:
- How much money you want
- The details of your case
- How much effort you want to put in
Starting an Insurance Claim
Whenever there’s an injury, involving the insurance company is usually necessary. After you ask for payment (file a claim), the company goes through a process where an adjuster:
- Looks into the claim
- Gets needed documents like photos and videos, and talks to witnesses
- Figures out how much the insurance policy covers for the claimed loss
- Decides how much money is right to reimburse
- Checks if the claim is real
- Talks to your doctors or employers for more info
- Gets advice from legal advisors
- Talks with you to agree on a settlement
Even though they rarely say no, the insurance company decides how much they’ll offer in a settlement. Since they want to save money, the offer may not cover everything you need it to. If that happens, you can think about filing a lawsuit.
Filing a Lawsuit
Sometimes, you can’t agree on a payment with the insurance company. In that case, your next step might be filing a lawsuit against the person responsible for your accident, usually represented by their insurance company. This means presenting your case in court, and usually includes the following steps:
- Filing a Complaint in civil court
- Serving the lawsuit insurance company and other driver (known as “the defendants”)
- Entering into discovery, where evidence, documents, and testimony is formally exchanged back and forth
- Going to court hearings
- Negotiating and potentially having a mediation
- Going to trial
As you can see, both methods provide you with the ability to get some form of financial support for your damages. However, what you’re ultimately able to recover is going to depend on how injured you are, the circumstances of the actual accident, the strength of your evidence, and how effectively you present your case. By working with our team, we can make sure that you have what you need to get a fair outcome.
Contact Stockton Rear-End Car Accident Lawyers Today
Facing an injury or other damage from a rear-end car accident is far from ideal. Not only do you have to deal with physical pain, it’s likely going to mean changes to your life, from being able to work to how you interact with your family. At Maison Law, we get how impactful these accidents are and can help you through the legal process. If you’ve been hurt in a Stockton rear-end car accident, contact us today for a free consultation.
