The car accident lawyers at The Farias Firm know that results matter. When you’re injured in a car accident, you need the lawyers that get you results.
You may deserve financial compensation for your car accident. When you work with our car accident lawyers in Encino, CA, you know you’re getting fair treatment and the monetary payment that you deserve.
Car accident lawyers near Encino, CA
Our car accident lawyers near Encino, CA represent individuals and their families who are victims of car accidents. Drivers, passengers, bicyclists and pedestrians may have a claim for financial compensation.
Can I receive financial compensation after a car accident?
Yes, you may qualify to receive financial compensation after a car accident. The party who is at fault must pay for your financial losses as well as the pain and anguish of being in an accident.
How can I receive financial compensation after a car accident lawsuit?
To receive financial compensation after a car accident, you must file a claim with insurance or file a lawsuit. In some cases, an insurance claim can be enough to receive fair pay. If it’s insufficient, you can exercise your rights by filing a claim in a court of law. You have the right to have a car accident lawyer represent you.
What does a car accident lawyer do?
A car accident lawyer represents a person through all the steps of claiming financial compensation after a car accident. They investigate to determine who is at fault and what compensation you deserve. They sort through insurance policies and make the appropriate claims. Negotiating with the insurance companies is an important part of their job. If negotiating alone isn’t enough, they know how to file and pursue a court case, all with the goal of helping you get the best possible result.
How can a car accident lawyer help me?
A car accident lawyer can assist you with everything you need to do after a car accident. They know what steps to take to evaluate your claim and pursue it in the best possible way. Working with a lawyer, you have an advocate who understands the complexities of the law and who can handle all the many tasks involved with seeing your case through until you have fair compensation.
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Car Accident Laws in Encino, CA
Car accident lawsuits in California are based on fault. The person who causes the accident must pay for it. (Li v. Yellow Cab Co, 13 Cal.3rd 804 (1975), California Civil Jury Instructions 406.)
Fault is determined by negligence – or a lack of reasonable and cautious behavior under the circumstances. Usually, negligence means violating a traffic law, drunk driving or otherwise acting irresponsibly. Even if no laws are violated, simply failing to use due care when operating a motor vehicle can be the basis for legal liability. A claim can also be based on defective vehicle manufacturing or poor maintenance.
Is California a no-fault state for car accidents?
California is an at-fault state for car accidents. No-fault rules do not apply. Insurance pays when a party is at fault for an accident. A driver may also carry uninsured or underinsured insurance to cover circumstances where the at-fault driver doesn’t have enough insurance.
Who decides fault in a car accident?
You might think that the insurance company is the ultimate decider of who is at fault for a car accident. But don’t be fooled! If the insurance company turns you away by saying you are at fault, you can fight back. They are not the final authority.
Our lawyers for car accidents in Encino can help you gather proof of fault and negotiate with the insurance company. You have the right to take your case to court where a judge or jury can decide who is at fault for the accident.
What do I have to prove to win a car accident case in California?
To win a car accident case in California, you must prove:
The victim must show the facts for every step. Do not overlook any of the elements. In addition to proving that injuries occurred, you must show how much you deserve in compensation and why it’s the appropriate amount.
How much compensation can I receive for a car accident in California?
The compensation you can receive for a car accident in California includes your economic losses related to the accident, both direct and indirect. You can also receive an additional amount to reflect the pain and suffering that goes along with your injuries and the trauma from the accident.Types of damages may include:
- Medical bills, hospital, emergency room and ambulance costs
- Occupational therapy
- Physical therapy
- Wheelchairs, walkers, scooters and boots
- Mental health care and compensation for mental suffering
- Damage to your vehicle
- Lost pay
- Physical pain, emotional anguish and damage to your lifestyle
The value of a case begins with totaling economic losses. Then, a multiplier is added to reflect pain and suffering. In cases where damages are minor, pain and suffering may be 50% of economic damages. For severe cases with lifelong damage, pain and suffering can be several times economic losses.
What are some examples of fault in California car accident claims?
Fault in a California car accident claim can occur in any of these examples:
- Speeding
- Disobeying a stop sign
- Failure to yield
- Following too close for conditions
- Drunk driving, driving under the influence of alcohol or drugs
- Reckless driving, drag racing
- Driving while tired or under the influence of prescription medication
- Not securing the load for the vehicle
- Inadequate training for the vehicle that you are driving
- Failing to be aware of your conditions
- Driving too slow considering the traffic around you
What is the statute of limitations for a car accident claim in California?
The statute of limitations for a car accident claim in California is two years. Under the California Code of Civil Procedure § 335.1, you have two years from the state of the accident to bring a claim for personal injury. If the claim involves property damage only, you have up to three years under California Code of Civil Procedure § 338.
Even though the statute of limitations gives you two years to start your claim, it’s best to start working as soon as possible. It takes time to investigate. Important evidence can be lost by waiting. To comply with the deadline, you only need to file your lawsuit by the deadline. Then, you have the same rights and timelines as anyone else who has filed a case.
If I report the accident to the insurance company, is that enough to comply with the statute of limitations?
No, reporting the accident to the insurance company is not the same thing as start a claim in a court of law. The insurance company hopes that you’ll be confused and miss the deadline. Even if they’re speaking to you directly or negotiating a settlement, it’s up to you to get your claim officially filed in the right court by the two-year time limit.
Can you sue the government for a car accident in California?
Yes, you can sue the government for a car accident in California. To receive compensation, the accident must be the fault of the government worker or agency. Timelines for cases against the government are shorter than for private parties. Under the California Tort Claims Act, you have six months to give notice of your claim.
Car Accident FAQs
How do I prove my car accident injury case?
To prove your car accident injury case, determine which party is at fault. Fault can be shown by eyewitness testimony, photographs, accident reconstruction, damage to vehicles, video, expert witnesses and other sources. Once you identify fault, you prove the compensation amount by showing injuries and the value of damages using testimony, documentation and experts.
How much is the average settlement for a car accident?
The average settlement for a car accident is $20,000. When serious injuries occur, a settlement may be $1 million or more. In a state that uses an at-fault system, minor claims may settle for about $3,000. Whether your damages are large or small, you are important, and your rights are important.
There are a lot of factors that influence the amount that you receive for a car accident settlement. Come meet with our team of lawyers for a personalized consultation about a settlement in your case.
How does car insurance work when you are not at fault?
When you’re not at fault, you notify the other driver’s insurance company that you have a claim. If their insurance is inadequate to pay, you may seek the rest from your own uninsured/underinsured policy, or by filing a lawsuit directly against the driver.
What can you do if insurance will not pay a claim?
If insurance will not pay a claim, you may pursue internal appeals and ask them to reconsider. However, you can also file a lawsuit through the courts for a judge or jury to determine your right to compensation.
How long does a car accident insurance claim take?
A car accident insurance claim can take anywhere from a few weeks to over a year. It just depends on how complex the claim is and how much you are claiming. While there are things you can do to speed up the case, it’s also important not to rush the claim too quickly. An attorney can help you balance all the priorities so that you have a good experience in the legal system.
How much should I ask for in pain and suffering?
Many litigants make the mistake of settling their claim with the insurance company without accounting for pain and suffering. In cases with severe injuries, pain and suffering is a significant part of the claim. How much you should ask for in pain and suffering ranges anywhere from a percentage of your economic damages up to five times your financial losses. It is based on the severity and permanence of your injuries and the way your life is impacted by the crash.
When should you hire a car accident lawyer?
The best time to hire a car accident lawyer is as soon as possible after the crash. They can take steps quickly to preserve valuable evidence. Ultimately, they can ensure you maximize your case value, deal with the insurance company and witnesses on your behalf, and do things now that can ultimately resolve your case faster.
How do car accident lawyer fees work?
At The Farias Firm, we believe that you shouldn’t have to worry about affording a car accident lawyer. That’s why we offer free consultations and representation with no cost up front. In fact, there’s no fee unless you win your case. Contact us today to talk about how affordable a car accident lawyer really can be with The Farias Firm.
Best Car Accident Lawyers Near Me
When you’re looking for the best car accident lawyers near me, consider Jaime Farias and The Farias Firm. Their legal team knows that you need someone who you can trust, who knows the law and who can get you the compensation that you deserve.
At The Farias Firm, client satisfaction is our priority. We offer service that is professional yet personal, with decades of collective experience.
Jaime Farias has the following honors, associations and memberships:
- Lawyers of Distinction
- San Fernando Valley Bar Association
- American Bar Association
- Million Dollar Advocates Forum
- California Applicants Attorney Association
- Consumer Attorneys Association of Los Angeles
- Super Lawyers Rising Stars
- State Bar of California
- Mexican American Bar Association
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No upfront costs to you or your family. We recover maximum compensation for our clients.
We proudly serve those who need it most. As a first-generation Mexican-American, Jaime Farias understands the needs of the Encino community. You have important rights. The Farias Firm can fight for the compensation that you deserve regardless of your immigration status.
Free Consultation – Encino, CA Car Accident Lawyers
Have you been in a car accident? Do you need answers? Are you wondering if you’re getting a fair settlement, or if the insurance company is being unfair?
Come for your free consultation with our Encino, CA car accident lawyers. Learn about your case and your options. See how our lawyers for car accident claims can help. Call or send us a message for your complimentary consultation.
