Being involved in an automobile accident is traumatic, especially when you suffer injuries. When another person’s negligence caused the crash, you could hold them financially responsible for your misfortune. Some people mistakenly believe they will collect more money if they handle a car accident claim by themselves; but working with a hardworking and dedicated personal injury attorney almost always yields a more generous settlement.
A Milpitas car accident lawyer can gauge the value of your claim and negotiate with insurance companies on your behalf. Additionally, a legal representative can investigate the accident, identify the responsible parties, and support you throughout the claims process.
Milpitas Accident Claims
Every vehicle owner in California must carry automobile liability insurance. When an accident occurs, the driver whose negligence caused the collision must compensate the injured parties for any damages they may have suffered.
For example, the state considers a driver negligent if they contributed to the wreck by violating the law. When a driver in an accident receives a ticket for speeding, texting, or driving under the influence, that citation could be evidence of negligence.
A skilled attorney in Milpitas can thoroughly investigate a crash by reviewing police reports, vehicle damage estimates, surveillance video, dashcam footage, witness statements, and other available information. In some situations, legal representatives might engage accident reconstruction experts to provide insight into a pileup’s cause. They could use this information as leverage when negotiating with the insurance company of the driver at fault.
Seeking Damages After a Crash
A driver at fault and their insurance company are responsible to anyone who suffered losses in an accident. Therefore, a claimant can seek compensation for accident-related property damage, such as vehicle damage or loss of use during repair. A plaintiff is also entitled to compensation for the value of any personal belongings lost or damaged in the crash.
An injured person can seek reimbursement for out-of-pocket expenses such as medical treatment costs or lost income from time missed at work. When injuries require ongoing treatment or prevent an injured party from returning to work, damages can pay for their care as well as cover any reduction in their future earning capacity.
A negligent driver is also responsible for an accident’s non-economic impact. A Milpitas attorney can demand damages for a claimant’s physical pain, disability, mental trauma, lost enjoyment of life, and any other long-term losses.
Timeframes for Car Accident Claims
According to California Code of Civil Procedure § 335.1, an injured adult has two years from the date of an accident to file a lawsuit seeking damages. However, a minor who experienced injuries in a collision has two years from the date of their 18th birthday to bring suit. In most cases, it makes more sense for a parent to bring a claim on their child’s behalf before the two-year limit expires.
In some situations, an injured person can hold the state or local government responsible for their accident. For example, if:
- The driver at fault is a public employee and was on the clock when the accident occurred
- The state owns the vehicle driven by the motorist at fault
- The markings, maintenance, or design of the road contributed to the accident
When a local government bears responsibility for an accident, the injured person must submit a “notice of claim” to the appropriate agency within six months of the crash. Failing to file the notice in a timely fashion could defeat the claim, regardless of its merit.
A diligent attorney can gather the proper evidence to ensure plaintiffs file their claims promptly.
Contact a Milpitas Attorney To Pursue a Car Accident Claim
Filing a car accident claim often involves complex negotiation. Fortunately, an experienced and knowledgeable attorney can ensure you get the settlement you deserve. A Milpitas car accident lawyer can help you get the compensation you need. Call today to learn about your legal options after a car accident.