For those who’ve been injured in a car accident, a Hemet car accident lawyer can often be critical to getting fair compensation. The experience that those like the team at Karlin & Karlin can bring to your case can be critical. We can help you negotiate a settlement from a position of strength or argue your strongest case in court. Our clients can always count on representation that’s dedicated to seeing that they get the restitution they need.
When you get hurt in an auto accident, the law gives you an avenue for seeking compensation for your injuries from whatever party or parties were at fault for the accident. The process of getting that compensation, though, can be complex, and working with a Hemet car accident lawyer can often help you maximize the restitution that you can receive.
Seeking what you’re owed often begins with understanding exactly what happened in the accident that caused your injuries. This is why we conduct a thorough investigation of the accident. With the information that we gather, we can identify whoever is liable for the accident, as that’s who we need to seek compensation from.
We also need to make sure that we have strong evidence to prove this liability if the claim should go to trial. Additionally, under California’s comparative negligence rules, the defendant may try to reduce the restitution that they must pay by showing that you were also at fault for the accident. To defend against these accusations, we also need to collect evidence that can be used to demonstrate why you weren’t at fault for the incident.
Before taking a claim to court, it can often make sense for both parties to consider the possibility of a settlement instead. We can represent you in these negotiations and use our experience to try to seek a fair deal. In particular, if the other side is motivated to avoid going to court, they may be encouraged to take negotiations more seriously with the presence of a lawyer.
There will be some situations where there is no pathway to a settlement, and the claim will need to go to trial. When this happens, we can be prepared to make your case in front of the court and demonstrate why you are rightfully owed restitution from the other party or parties.
In Hemet, CA, the compensation that you will receive in a car accident claim must cover only those costs that are directly related to the injuries that you suffered. Demonstrating this connection will be critical in the trial, and the defendant will have the opportunity to challenge any costs that they feel aren’t rightfully associated with the accident.
This is why it’s imperative that you keep a good record of your costs, such as medical bills, receipts, and any other documentation. These will be used to demonstrate the connection with the injury.
Compensation will usually be awarded in two forms of damages:
There is a third set of damages, punitive damages, that may occasionally be awarded in a car accident claim. These damages, though, aren’t decided based on the costs that you incurred. Instead, they are designed to be a punishment for the actions of the defendant. Since most car accidents are the result of an honest mistake, these won’t typically be awarded. However, in cases where the court believes that there was ill-intent or something else egregious about the claim, then it could result in punitive damages.
When a car accident claim needs to go to court, the most important task that your personal injury attorney must take on is proving fault for the accident. They need to use evidence from the accident, including photos and videos, eyewitness testimony, and possibly even witnesses who study car accidents professionally and can help identify and explain their causes. Successfully proving fault will require proving the three elements of negligence as they apply to your car accident and the defendant. They are:
The defendant must have had a responsibility to take careful, reasonable precautions to ensure that their actions didn’t put anyone else in danger. Motor vehicles always carry a significant risk of danger, so it is generally well-recognized that anything related to their operation and use is held to a particular standard of care.
When a defendant has failed to meet the responsibility that they had in a given situation, this is considered a breach of duty.
With motor vehicles, there are many different actions and behaviors that could be considered a breach of duty, and the precise breach will depend on the specifics of your case. For instance, a common breach for the driver of a vehicle may be driving distracted or some other failure to follow traffic laws. However, if it’s the government that committed the breach, it may be something like failing to have properly functioning traffic lights at an intersection.
Lastly, your lawyer must be able to show that the breach was the direct cause of the accident that you were in. Then, they must also show that the injuries for which you’re seeking compensation are a direct result of that accident. This connection is what makes the defendant liable.
A: Comparative negligence is a process that gives the defendant in a civil claim the opportunity to argue that the plaintiff was at fault for any injuries that the plaintiff suffered. If the defendant’s team is successfully able to make this case, then the plaintiff’s damages award will be proportionately reduced to reflect their share of fault. For instance, a plaintiff could receive $45,000 instead of $50,000 if they are found to be 10% at fault.
A: If you take a claim to court, then it could result in the largest compensation that you could receive. However, it also could result in receiving nothing if that’s what the court decides. A well-negotiated settlement, on the other hand, can still mean fair compensation without the risk involved in going to court. It could also be a benefit in terms of time as well, as a court case could last months or years.
A: The statute of limitations for personal injury claims, including a car accident claim, in California is two years. This means that a claim typically will need to be filed within two years of the accident taking place. However, there may be some variance based on issues like who the claim is filed against, when the injuries were discovered, and if there was a minor involved. It’s important to contact a car accident attorney to understand the deadline in your case.
A: Most times, liability in a car accident will belong to another driver who was involved in the incident. That, though, is not always the case, and there may often be another party who is either partially or even wholly liable as well. Many things can go wrong and lead to an accident, and whoever is responsible for what went wrong may be held liable. Some potentially liable parties include:
When you’re injured because someone else’s negligence caused a car accident, it doesn’t mean that the costs associated with the accident don’t go away. You are still left with the medical bills, property damage, lost wages, and psychological impacts. The law, though, says that those costs are the responsibility of whoever caused the accident.
Seeking proper restitution in car accidents can be challenging. The insurance companies, which will typically be the ones making the payments on these claims, aren’t always eager to pay what you’re owed. An experienced Hemet car accident lawyer can be crucial to getting you the fair compensation that you deserve. At Karlin & Karlin, we work tirelessly on behalf of our clients, whether that means negotiating a settlement or using the courts to seek what you need. Contact us for help getting restitution after your accident.
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