Understanding Los Angeles Car Accidents
Being in a car accident can be overwhelming, leaving you unsure of your legal rights and options. Understanding the legal framework in Los Angeles County is key to getting the compensation you deserve. California’s laws explain how fault is determined, the process to file a claim, and the time limits to take action. Whether negotiating with insurance companies or suing, having an experienced lawyer by your side can make all the difference in your case.
The experience of a car accident can be tough on the victims, and the emotional trauma leaves the victims in a state to understand that they might have certain rights related to such legal matters. Knowing the legal framework as it applies in Los Angeles is essential to make yourself entitled to the compensation that’s yours. The laws of California specify the criteria for fault, the process to file a claim, and the deadlines to seek legal remedies. A professional lawyer, during either the negotiation of the contract with insurance companies or through a lawsuit, can change the outcome of the case.
California’s At-Fault Insurance System
California is an at-fault state, meaning the driver who caused the accident is liable. You can file a claim against the at-fault driver’s insurance or sue personally if needed.
Comparative Fault Rule in California
Even if you were partially at fault, you can still recover. However, under California’s comparative fault law, your compensation will be reduced by your percentage of fault.
Statute of Limitations for Car Accident Claims
- Personal Injury Claims: 2 years from the accident date
- Wrongful Death Claims: 2 years from the date of death
- Property Damage Claims: 3 years from the accident date
- Claims Against Government Entities: Only 6 months to file. In California, the statute of limitations for personal injury claims, including car accidents, is 2 years from the date of the incident. Missing these deadlines means you lose your right to compensation. Contact a Los Angeles car accident lawyer today to file your claim on time.
What to Do After a Car Accident in Los Angeles
Catastrophic injuries like a car accident can cloud your mind and make you feel disoriented. You need to do a few things afterward to ensure you have everything documented after the scene. Car accident victims feel shocked or confused. At this point, staying calm will help you to do the next steps. Here are the critical actions you need to do after sustaining auto accident injuries:
Document everything
Contact local authorities. You must have a police accident report as a critical piece of evidence to protect you. This will help establish the case and provide an official record of the car accident. All pieces of evidence should be noted. Check for available cameras at the accident scene, collect the identity or phone number of the witnesses, take pictures or videos, and document everything that is at the scene of the accident.
Immediately Seek Medical Attention
Common car accident injuries manifest immediately after the accident. Otherwise, do not wait for you to feel anything. Even if you feel fine, consult medical practitioners to receive medical treatment and then secure a medical report. This is also crucial documentation for a possible personal injury lawsuit.
Do Not Contact Insurance Companies
Insurance providers will work against you when you seek compensation and will try to minimize the payouts you may receive. It is best to contact them with a personal injury attorney present to guide you with the compensation you might be able to receive. Do not accept a settlement offer or record a statement without the guidance of experienced car accident lawyers.
Contact a Car Accident Lawyer
Our best car accident lawyers will help you evaluate your accident and evaluate whether you have a case or not. It is best to consult with an experienced car accident attorney at LAInjury Lawyers to get the compensation that you deserve.
Car Accident Legal Process
The legal process after a car accident can be overwhelming and confusing for car accident victims, especially for those who don’t know the steps involved. Understanding California car accident laws will help you make informed decisions about your case. Each stage is crucial to getting fair compensation, from filing a complaint to settling or going to trial. Below is a step-by-step breakdown of the car accident lawsuit process.
Filing a Personal Injury Claim
Your lawyer will file a formal complaint detailing the incident, damages, and legal basis for your claim. The defendant has 30 days to respond.
Discovery Phase
Both parties gather evidence, including medical records, police reports, and witness statements, to build their cases.
Settlement vs. Trial
Most cases settle out of court, but if a fair settlement can’t be reached, California car accident lawyers will take the case to trial to get you the compensation you deserve.
Common Types of Car Accidents & Legal Strategies
Rear-End Collisions
One of the most common accidents is often caused by distracted driving. You may still have a medical claim even if you were rear-ended at a low speed.
T-Bone & Intersection Accidents
Failing to yield, running red lights, or reckless driving often leads to severe side-impact crashes. Our Los Angeles injury law firm will reconstruct the scene, gather eyewitness accounts, and prove negligence.
Hit-and-Run Accidents
If the at-fault driver flees, victims can file an uninsured motorist claim in California. We help clients navigate these complex cases to get them the compensation they deserve.
If a reckless driver injures you, LA Injury Lawyers will fight for maximum compensation for car accident claims and may seek punitive damages.
Elements of a Car Accident Case
To win a car accident injury claim, you must prove:
- Duty of Care – The at-fault driver had a responsibility to follow traffic laws.
- Breach of Duty – The driver was negligent (e.g., reckless driving, DUI, distracted driving).
- Causation – The negligence caused your injuries.
- Damages – You suffered physical, emotional, or financial harm.
Our top-rated car accident lawyers in Los Angeles build strong cases by gathering evidence, negotiating with insurance companies, and aggressively advocating for our clients.
Glossary of Legal Terms for Los Angeles Car Accident Attorneys
- Comparative Fault: A California legal principle that allows multiple parties to share fault in an accident. Their percentage of fault may reduce a victim’s compensation.
- Contingency Fee: A payment structure where attorneys only get paid if they win the case. In car accident cases, attorneys typically take a percentage of the final settlement or court award.
- Damages: Compensation awarded to a victim in a personal injury claim. It includes:
- Economic Damages: Medical expenses, lost wages, and property damage.
- Non-Economic Damages: Pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive Damages: These are awarded in rare cases to punish particularly reckless or intentional misconduct.
- Defendant: The person, company, or entity being sued in a car accident lawsuit.
- Demand Letter: A formal letter sent to the at-fault party or their insurance company outlining the victim’s damages and requesting a settlement before filing a lawsuit.
- Discovery Phase: The pre-trial process where both parties gather and exchange evidence, including medical records, accident reports, and witness statements.
- Liability: Legal responsibility for an accident or injury. In car accident cases, liability is determined by negligence, recklessness, or intentional harm.
- Negligence: Failure to exercise reasonable care, leading to an accident or injury. In car accident cases, proving negligence is key to winning a case.
- Personal Injury Protection (PIP): A type of auto insurance coverage that pays for medical expenses and lost wages, regardless of fault. California does not require PIP.
- Plaintiff: The person who sues another party for damages from a car accident.
- Statute of Limitation: Filing deadline for a car accident lawsuit. In California:
- Strict Liability: A legal doctrine that holds certain parties responsible regardless of fault, often used in product or vehicle defects cases.
- Structured Settlement: A financial arrangement where compensation is paid in installments rather than a lump sum.
- Uninsured/Underinsured Motorist Coverage (UM/UIM): An optional auto insurance policy that covers victims when the at-fault driver has no insurance or insufficient coverage.
- Wrongful Death Claim: A lawsuit filed by survivors when a loved one dies due to another party’s negligence or wrongdoing in a car accident.
Get Your Free Consultation with LAInjury Lawyers
At LAInjury Lawyers, our car accident lawyers charge no fees for the consultation. We follow a contingency fee basis to ensure the successful completion of your case.
LAInjury has secured multi-million-dollar settlements for accident victims, including:
- $11 Million for a brain injury victim
- $10 Million for a car accident victim
- $8.2 Million for a motorcycle accident victim
- $7 Million for a back injury victim
If you were injured in a car accident, don’t wait. Contact LA Injury Lawyers at (818) 539-5390 for a free consultation.
Don’t face the insurance companies alone—call now!
