Whether or not you’re eligible for compensation following a car accident in California depends on various factors, including your level of fault, the nature of your injuries, and the extent of property damage. Partnering with an experienced car accident lawyer can help clarify liability and determine the types of damages you may pursue for all accident-related expenses. Here’s what to know about the factors that can influence your claim and the types of compensation available.
Key Factors Determining Car Accident Compensation
Insurance Coverage
After an accident, you’ll typically file a claim with the at-fault driver’s insurance company. Their claims adjuster will conduct an investigation to assess fault and establish the damages you may be eligible to receive. Having an attorney can ensure you receive the full amount you’re entitled to, especially when facing a complicated claims process.
Liability Determination
Liability is a critical factor in determining compensation. Your attorney will conduct an independent investigation to establish the liable party and collect evidence, such as witness statements, police reports, and medical records, to build a strong case for negligence.
Severity of Injuries
The extent of your injuries can have a substantial impact on the compensation you’re eligible to receive. Medical bills, rehabilitation costs, and the need for ongoing medical care are all factors that may increase your potential compensation.
Loss of Earning Capacity
If your injuries prevent you from working or reduce your ability to earn income in the future, your attorney can pursue compensation for lost earning capacity as part of your claim.
Pre-Existing Conditions
If you have pre-existing conditions, your attorney will need to establish how the accident impacted those conditions and potentially worsened your injuries. This can prevent the insurance company from diminishing your claim based on prior medical history.
Types of Compensation Available After a Car Crash
You may be eligible for economic and non-economic damages after a car accident, including:
- Pain and Suffering: This compensates for the physical and emotional pain experienced due to the accident. A lawyer can gather documentation to support this claim, such as statements from family members, a journal documenting your pain, and testimony from treating physicians.
- Medical Expenses: This covers the cost of past and future medical treatment, rehabilitation, and any ongoing care related to your injuries.
- Property Damage: Compensation for repair or replacement of your vehicle and any personal property that was damaged in the collision.
- Lost Wages: If you had to miss work due to your injuries, you’re entitled to recover compensation for those lost wages.
Other Potential Damages
Additional damages you may be entitled to include:
- Loss of consortium
- Emotional distress
- Loss of quality of life
- Permanent disability
- Scarring and disfigurement
Your attorney will assess your claim to determine the full scope of damages you may pursue.
Comparative Negligence in California
California operates under a comparative negligence system, meaning you can recover damages even if you’re partially at fault. However, your compensation will be reduced based on your percentage of fault. For example, if you’re 20% at fault, your compensation will be reduced by 20%.
Uninsured/Underinsured Motorist Coverage
If the other driver lacks adequate insurance, you can file a claim with your own insurance provider if you have uninsured/underinsured motorist coverage. This can cover additional damages if the other driver’s insurance doesn’t meet your total needs.
What If Your Claim Is Denied or the Settlement Offer Is Too Low?
If negotiations with the other driver’s insurance company stall or they deny your claim, your attorney can discuss your options for filing a lawsuit. Often, cases are resolved through negotiation, but having an attorney can ensure you’re prepared to take the next step if necessary.
Hiring a Car Accident Attorney to Maximize Your Settlement
Hiring a car accident attorney increases your chances of recovering a higher settlement by ensuring that the insurance company treats your claim fairly. Attorneys have the skills, experience, and resources to accurately value your claim, prove liability, and negotiate for fair compensation.
Contact LA Law Group Today
If you’ve been involved in a car accident, LA Law Group can help you pursue the compensation you deserve. Our legal team is here to guide you through the legal process, negotiate with insurance companies, and handle every aspect of your claim, so you can focus on your recovery. Contact us today for a free consultation and to learn more about your rights and options.
