Q What is involved in making an auto accident claim?
In all auto accident cases, two questions must be answeered, is there liability for the other drivers actions, and how much should we receive for the damages.
While this seems simplistic, there is a huge amount of law and case analysis to be done in every case.
Liability arises when someone does not abide by laws of the road, or does not do what a reasonable driver should be doing when an accident occurs. Texting is the hot button lately. If the other driver hit you while texting and not paying attention, then you can establish liability. Running a red light is an example of not following the rules of the road. If adriver pulls around you to pass, but causes an accident, then the liability for that conduct is assessed against the driver causing the collision.
By assessing the conduct of the other driver, a California auto accident lawyer can decide what legal violations exist and what a jury would think of conduct that caused an accident.
Damages and the amount you deserve is the second inquiry of a claim. You are entitled to be paid your reasonable wage loss, medical esxpenses, and property damage loss. You are also entitled to pain and suffering. While there is no formula for pain and usffering, you can get a good idea of your case value after all your damages have been incurred. The amount of medical treatment, wage loss and other claims, will to a certain extent increase your pain and sufferig damages.
Your pain and suffering will ultimately be left up to a jury in California if you cannot agree on an amount with the other party or their insurer. That is why it is important to get good advice on your case to settle, and know when to go to trial or seettle a case. It is very helpful to have an experienced California car accident attorney on your side, helping you with the decisions as to value of youraccident case. Call us if you would like to speak to a Orange County or Los Angeles County auto accident lawyer. Call 1 866-981-5596.