Automobile accidents can leave you not only emotionally injured from dealing with police, insurance, and family, but they can also leave you physically injured and even disabled. With these injuries come countless hospital bills from surgeries, stitches, and ER visits. Wouldn’t it be just if there were a way that you could sue for being injured in an automobile accident? Luckily, with some legal counseling, you can!
Law provides for ways to sue if you are injured in a car accident in California. If you are injured and the other driver does not have any way to pay you for those injuries (i.e. they do not have proper insurance on their vehicle insurance policy) then you should be able to go after them for the damages that you suffered. These damages include damages to your car, any property that was damaged in the accident, as well as emotional damages.
As always, there are some things you need to be aware of. There is a two-year statute of limitations in California, so be sure to get all of the information as soon as you can and go forward with the suit right away. Also, in California, auto accidents are dealt with under tort law, which means that you will have to prove that the other driver was acting negligently or was not acting with a reasonable amount of care while they were driving.
To be able to bring up a lawsuit from a car accident, you need to make sure that the following defenses are not available to the other person involved. Defenses are things that can be brought up by the defendant that throws out the entire possibility of holding them liable. One of these defenses is that the statute of limitations has run out. As mentioned above, that time limit is two years after the accident. Also, you have to make sure that the other person was the driver at fault.
California uses a pure comparative negligence standard when dealing with who is at fault for an automobile accident. Meaning that you will be able to recover an amount proportional to how much fault you had in the crash. Also, you have to try to mitigate the damages, or try to keep them as low in dollar value as possible. This means that you cannot make injuries worse or exaggerate, or you may find that you will not get a settlement at all.
If you have been injured in a car accident and have these bills piling up, or you are just suffering the and in pain, physically and emotionally, from a car accident, be sure to call our attorneys at Chris and Frank in Orange County for help today.