Posted on Friday, October 14th, 2016 at 2:20 am    

Have you been injured in a car accident? If so, you may have questions about who will pay your expenses and how you will recover compensation for your injuries? The first step is to contact a car accident attorney in Sacramento for a free legal consultation. Our attorney will listen to your story, ask questions, and provide you with sound legal advice about how you should proceed to recover compensation for your injuries.

Two important elements in a car accident claim are proving fault and calculating damages.

Proving Fault In A Car Accident Claim

It is not required that a driver intentionally causes a car accident to be liable for any injuries resulting from the collision. All that is necessary is to prove that the driver breached the duty he or she has to others to avoid a collision.

Every driver has a duty to others using the road to avoid a collision. When a car accident occurs, that duty is breached. The key is to prove that the other driver did something to cause the accident. Examples of things a driver can do to be responsible for a collision include:

  • Speeding
  • Driving the wrong way
  • Failing to yield the right of way
  • Failing to obey traffic signals/signs
  • Texting while driving
  • Other forms of distracted driving (i.e. drinking, eating, grooming, dressing, adjusting controls, etc.)
  • Driving while impaired by alcohol or drugs
  • Following too closely

Once a driver has breached the duty owed to others, you must prove that this breach resulted in damage to property or a person. In a car accident, this is usually proven though medical records substantiating the injuries sustained in the accident.

Once you prove the other driver caused the accident and that you incurred damages (i.e. injuries) because of the collision, you are entitled to receive compensation for your damages, losses, and injuries.

Valuing A Car Accident Claim

The next element in a car accident claim is calculating the value of the claim. There are two different types of damages in a car accident claim — economic and non-economic damages. These damages are also referred to as special damages and general damages. Economic or special damages can be proven with actual invoices, bills, or other evidence that reflects the exact amount of the damage. Special damages include:

  • Lost wages
  • Medical bills
  • Property damage
  • Funeral expenses
  • Medical care and/or personal care
  • Medical equipment
  • Travel expenses
  • Other out-of-pocket expenses directly related to your injuries and recovery

Special damages can be proven by using medical bills, repair bills, prescription receipts, pay stubs, and other physical evidence of the cost of the damage.

Non-economic or general damages are those damages that do not have a specific dollar value. General damages are intended to compensate you for your physical pain, loss of enjoyment of life, emotional suffering, mental anguish, disfigurement, and permanent disabilities.

Calculating general damages can be complicated. However, an experienced Sacramento car accident attorney can take the existing evidence and calculate a value for general damages that maximizes your chance of receiving the highest amount possible by law. An experienced attorney understands how to use the information he gathers to fully demonstrate how the car accident has impacted your daily life.

Get Help With A Sacramento Car Accident Claim

When you are injured in a car accident, you want an attorney on your side who has experience handling car accident claims. In most cases, hiring an attorney with little to no experience handling car accident claims may result in a settlement that is less than the full value of your car accident claim.

The Sacramento car accident attorneys of the Tiemann Law Firm have the experience, knowledge, skills, and resources you want on your side when battling a large insurance company. Contact our office by calling (916) 999-9000 or by chatting with a representative on our website to schedule your free legal consultation and case evaluation.

Client Testimonials

Hanna Padilla Testimonial

From the very start of my case the Tiemann Law Firm was wonderful. Perter came all the way to my home to sit down and talk to me about my options. He made me and my partner feel very comfortable and promised us he would take the very best care of my case. Peter kept me informed every step of the way and was always on top of things. everything was done in a timely manor and I always felt like I was the only case he was working on because he was so fast. In the end Peter got me back way more money than I ever expected. I would recommend this law firm to everyone. I am very happy with the outcome of my case thanks to the Tiemann Law Firm! Thank you!

Star Fire Testimonial

It is hard to put into words the care and dedication that I received from the Tiemann’s. They have been here for me every step of the way and were always available when I had questions or concerns. My husband and I will be forever grateful for everything they have done for us and our family. Thank you so much for all of the hard work and time you have put into my case, we greatly appreciate it and your friendship. We highly recommend this firm and will always be thankful for everything they have done. Thank you so much again, Kim

Maye Ly Testimonial

I just saw my lawyer Jelena Tiemann on a t.v ad, which reminded me how much she helped when I was in a desperate situation. I just love her! That is why I feel a need to tell everyone. I had a situation that happened & didn’t know what to do, our where to go. I didn’t even know if she could help me or if any lawyer could. All I wanted was it to go away & was afraid most lawyers wanted to drag it out & possibly go to court. For one she was very professional but was very personable (maybe b.c she’s a lady). She didn’t make me feel embarrassed or self-conscious that I did something wrong or was the cause of the situation. She immediately said we should try our best before going to court. Let me handle some paperwork, if at the last we do go to court we have documents. She gave me all the details, pros and cons but reassured me she deals with these cases all the time. She came through and made it as painless as possible. I now have my life back.

Jennifer Birdseye Testimonial

Tiemann Law Firm helped us with an injury case for my nephew. They were very knowledgeable and we are very happy with the service they provided. The entire staff is topnotch!

Elizabeth Ochoa Testimonial

I chose Tiemann Law Firm to help me after a car accident I was involved in. Throughout the entire process, Moe made sure to keep me updated, he always responded quickly whenever  I had questions about anything. My case won thanks to this law firm and its dedication. My experience with Tiemann Law Firm was amazing! 10/10 recommended.