Posted on Monday, September 7th, 2020 at 5:58 pm
Do you know your basic legal rights following an accident in Sacramento CA?
If you or someone you know has been injured in a motor vehicle accident you have certain rights guaranteed by law. You have the right to be returned to the same position you would have been in but for the motor vehicle accident and subsequent injury. You have the right to be restored to your former self physically, mentally and financially, to the fullest extent possible.
Here are some specific rights you should expect when you are injured by someone else’s negligence:
You have rights:
- You have a right to have your car repaired or if it cannot be repaired you have a right to have the fair market value of your car paid to you.
- You have a right to receive fair and reasonable payment for any other property lost or destroyed. For example, if your computer or iPad was damaged in the collision they must pay to repair or replace it.
- You have a right to receive a rental vehicle free of charge to drive until the property damage portion of your claim is settled.
- You have a right to recover for all lost earnings or loss of earning capacity which resulted from the collision.
- You have a right to receive the best medical treatment and to choose your own doctors.
- You have a right to be reimbursed for transportation costs to and from medical provider, and to be compensated for the time spent receiving medical treatment.
- You have a right to be compensated for any physical or mental stress, or any inconvenience caused by the collision.
- You have a right to a fair settlement for any permanent injury that resulted from the accident.
- You have a right to be compensated for any pain and suffering caused by the accident.
- You have a right to receive a fair and prompt settlement from the insurance company or defendant where fault is reasonably clear.
- You have a right to be represented at every step by an experienced personal injury attorney to make sure your rights are protected and to ensure that you get adequately compensated for your losses and suffering.
Although these are your rights under the law it will be your responsibility to prove you actually suffered the loss for which you are asserting a claim. For example, if you are going to assert that you lost earnings as a result of being injured, you will need proper documentation to establish your loss. First, you will need past paychecks prior to the time of the collision which establishes the number of hours per week you averaged, and your compensation for your time. Second, you will need medical documentation in the form of a doctor’s note stating that they are being taken off of work for medical reasons related to the collision. Most insurance adjusters will not compensate you for any lost earning without a doctor’s note.
Many folks injured in collisions do not realize that they will need this doctor’s note to prove to the insurance company that you lost income. This is something you will always need, or the insurance adjuster will simply refuse to pay you for your lost earnings.
So just remember, you will need to document all losses you attribute to the collision. Without this proof, you will not be compensated.
If you have any questions regarding your accident contact a Tiemann Law Firm Sacramento Personal Injury Lawyer now. And remember, all questions and consultations are free. There is never a charge until we win your case and get you compensated.