San Fernando Car Accident Lawyers
There is a lot of hustle and bustle in the first city of the valley, so the reality is that car accidents happen. San Fernando car accident lawyers help those injured in these accidents obtain the funds they need to move past the financial and other impacts of an accident.
Who is eligible to file a car accident lawsuit?
In California, someone who has suffered an injury because of another’s carelessness or intentional act may be eligible to recover compensation for the losses that were caused by the accident. There are a few things to keep in mind:
- The person making the claim must bring their personal injury lawsuit within the 2-year statute of limitations unless certain exceptions apply. For example, the period may be shorter if the other party is a government entity, or it may be extended if the claimant is a minor or has a disability.
- The claimant has the burden of proving that the other party was legally to blame for the crash, that the claimant’s injuries were “proximately” caused by the accident, and that the claimed monetary losses are related, necessary, and reasonable.
- California follows a “pure comparative fault” system. This means a claimant may bring a claim even if they bore some fault for the crash. Any award for the claimant’s losses is reduced in proportion to their degree of fault, so an attorney needs to do a cost-benefit analysis to determine when it makes sense to bring a case.
Car accident compensation process
Ultimately, two things drive an injured person’s ability to receive compensation for accident injuries: insurance and the ability to file a lawsuit.
When someone else is at fault, his auto liability should compensate the injured party. San Fernando car accident lawyers are an important resource throughout the process because:
- The insurance company often tries to minimize payout by under-valuing the claim
- The other party may be uninsured
- The insurance may not be enough to adequately cover the losses
- The insurance company may dispute their policy holder’s liability
- The at-fault driver may be a government employee or independent contractor, raising complicated legal issues
- The statute of limitations for filing a lawsuit may have run, leading the insurance company to deny the claim
Working with a car accident lawyer as early as possible in the process is the best way to prepare for dealing with the other party’s insurance company, taking the additional steps of filing an uninsured or underinsured motorist claim with your own insurance company, or fighting the insurance companies in court for full compensation.
Discuss your case with a lawyer
Sometimes those injured in car accidents try to go it alone, but the insurance and litigation process has many pitfalls for the unwary. Instead of settling for less than your case is worth or risking a misstep that jeopardizes your case, speak with a car accident attorney at Ellis Injury Law. We are committed to fighting for all that you are owed. Call us today, the initial consultation is always free.