After being injured in a car accident that was caused by someone else’s negligence, you are vulnerable to the insurance company’s profit-increasing tactics and are not well positioned to fight for your claim’s best possible outcome. A dedicated Pomona personal injury lawyer will provide all of the following services in support of your rights and in pursuit of a just resolution for your claim:
Someone else’s negligence has caused you to be injured in a car accident, and you have questions. Consider the following responses provided by a Pomona Car Accident Lawyer.
What Will a Car Accident Attorney Do for Me?
The fact is that every car accident claim involves its own unique circumstances and follows its own unique course. The path forward, however, is complicated and dotted with potential problems that a skilled car accident attorney has vast experience successfully navigating. Your experienced car accident attorney will provide you with all of the following essential services:
- Crafting a solid case that incorporates all available evidence – and expert testimony (as applicable)
- Negotiating with the insurance company on behalf of a favorable claim resolution
- Skillfully countering the insurance company’s tactics (that are intended to reduce your ultimate settlement)
My Car Is Wrecked; Should I Take Pictures?
If you are able to do so, gathering evidence at the scene of the accident is always a good idea, and this includes taking pictures of your damaged vehicle to help demonstrate the extent of your property damage and the intensity of the impact.
What if I Don’t Know Who Caused My Accident?
The fact is that you have been injured in an accident, and you are not expected to have all the answers. Reputable car accident attorneys tend to offer free initial consultations to discuss claim details and to help determine each claim’s strengths and challenges. Even if you are partially responsible for the accident that leaves you injured, this does not negate your right to seek compensation in the State of California.
What Is an Independent Medical Examination?
The insurance company handling your claim is motivated by profits, which means it is motivated to keep your settlement lower – rather than higher. One mechanism they have for accomplishing this goal is requiring an independent medical examination (IME), which is actually performed by a doctor who – in essence – works for the insurance company. The idea is to weed out exaggerated injury claims, but it also represents another hoop for claimants to jump through.
The Person Who Hit Me Does Not Have Insurance. What Should I Do?
Although motorists are required by law to carry insurance in California, some do not. If you are injured by an uninsured motorist, the best path forward is to consult with an experienced Pomona car accident lawyer who will help you formulate a strategy that addresses the circumstances at hand. You’ll likely need to file your claim with your own insurance policy.
Is There a Time Limit for Filing a Lawsuit?
In California there is a statute of limitations related to car accident claims, which requires you to file your case within two years of the accident. The fact is, however, that you will need to file your claim through the insurance provider first, which can be a long, drawn-out process – and can end in a lawsuit. If you have been injured in a car accident that was caused by someone else’s negligence, it is always in your best interest to begin the claims process as soon as possible.
I Was Injured in a Car Accident; Do I Really Need an Attorney?
If you have been injured in a car accident, you are not required to work with an attorney, but the fact is that – in order to achieve your most complete recovery – you need to be fully compensated for your physical, financial, and emotional damages. Without the experience and skill of a dedicated Pomona car accident attorney on your side, this is very difficult to accomplish. Your attorney understands the ins and outs of effectively and efficiently moving your accident claim through the claims process and skillfully negotiating for settlement terms that adequately address your damages.
Will My Medical Bills Be Paid if I Was Partially at Fault?
California personal injury law is predicated on pure comparative negligence. This means that, even if you contributed to the car accident that left you injured, you can seek compensation from the insurance company. While many states cap this at 50 percent and do not allow claimants who bear more than half of the fault to recover on their damages, California has no cap. As long as you are not 100 percent responsible for the accident that leaves you injured, you can seek compensation. The jury will determine your percentage of fault, and your award will be reduced by that percentage. For example, if you were speeding moderately at the time the distracted driver caused the injury-inducing accident, you may be found 10 percent at fault. If you are ultimately awarded $10,000 in compensation (for example), this amount will be reduced by 10 percent, and your award will be $9,000.
