Maison Law answers questions after a car accident in Visalia. A car accident in Visalia can turn your finances upside down–especially if you’re already juggling child support. Once your claim is settled, you want to be sure that the money meant for your recovery actually reaches you. We’ll help you understand what part of your car accident settlement may be subject to garnishment–and what steps you can take to stay protected. Set up a free consultation today to talk about your options.
Will My Car Accident Settlement Be Garnished?
If you’ve been injured in a car accident in Visalia and you’re expecting a settlement, it’s natural to wonder how that money will be handled–especially if you owe child support or back taxes. The good news is that car accident settlements can only be garnished if:
- There’s a court order requiring payment
- There’s an unpaid debt
- Both parents have agreed to a specific support plan outside of court
Basically, if you’re behind on payments, part of your settlement may be withheld to cover that debt. But if you’re current, your settlement is generally safe from garnishment. Even with this in mind, every situation is different. If child support is part of your financial picture, it’s a good idea to talk through your options before finalizing a claim. We’ll help you protect what matters–your recovery, and your ability to care for your children.
Who Pays For My Damages After a Car Accident?
After a car accident, there’s a very important thing that needs to be uncovered: who pays for my losses? In most situations, it comes down to negligence. That means someone didn’t act with reasonable care–and that failure led to your injuries. The reason this is so important is because negligence effectively gives you the person (or group) that has to pay for your damages. But first, you need to show that:
- They had a duty to drive safely
- They broke that duty (by speeding, texting, running a red light, etc.)
- Their actions caused the accident
- And you were hurt as a result
Proving this starts with the basics–your medical records, receipts, car repair estimates, or notes from therapy. Once we help you establish fault, we’ll know who you can file your claim against. It could be:
- Another driver
- A passenger or pedestrian
- A vehicle or part manufacturer
- The local government, if bad road conditions played a role
It’s fairly easy to see why this is such an important step in the process, but this is actually just the starting point of your claim. However, before you even reach this part of the process, there’s things you have to do to protect your claim.
How Can I Protect My Car Accident Claim?
Even if it’s obvious the other driver caused the crash, what you do in the hours and days that follow can have a major impact on your injury claim. Insurance companies look closely at how you handled the aftermath–and any missteps could be used to downplay your injuries or reduce your settlement.
Here’s what you can do to protect both your health and your claim:
- Take a moment to breathe and check for injuries
- Call 911 right away if you’re hurt
- If it’s safe, get to a secure spot off the road
- Get medical attention from EMTs. Even if you feel “okay,” you could have internal injuries
- Call the police and wait for them to respond to the scene
- Collect details: license plates, contact information, insurance, and photos of the scene
- Don’t rush to throw out or replace damaged items–document them first
- Follow through on your doctor’s advice and go to every appointment
Every detail you preserve and every step you take helps build a clear, consistent timeline that supports your story. Insurance companies aren’t just looking at the accident report–they’re analyzing whether your actions line up with the injuries and losses you’re claiming. By following these simple but important steps, you give your claim the best chance of being taken seriously–and getting full damages.
What Makes Up My Damages in a Car Accident Claim?
After a car accident in Visalia, you might be counting on a settlement to help with medical bills, missed work, or the strain of everyday life. But if you’re also dealing with things like unpaid child support, you have very real questions about garnishment. That’s why it helps to understand what’s included in your settlement. Here’s what makes up your “damages”:
- Medical expenses, including costs of ER visits, hospital stays, physical therapy, prescriptions
- Lost income you miss out on because you couldn’t work after the accident
- Property damage, covering repair/replacement costs for your car and any damaged personal items
- Pain and suffering, costs relating to your physical pain tied to your injuries
- Emotional distress, which covers costs associated to any psychological effects like anxiety or PTSD
- Reduced quality of life, which covers costs associated with an inability to do daily tasks or do things you used to enjoy
Obviously, getting the most you can for these damages is very important to your recovery in a car accident. But it’s even more important if you have other financial obligations. And remember, you only have two years from the date of the accident to file. If you miss this, you can’t get damages at all.
How Maison Law Helps Car Accident Victims in Visalia
Facing a car accident in Visalia is likely the last thing you need when you’re just trying to get to work or take your kids to school. But unfortunately, it’s incredibly common. That doesn’t make it any easier, but our team at Maison Law certainly can. If you’ve been injured or have questions about the financial obligations that come with a car accident settlement, we can help. Reach out today for a free consultation to learn more.
