THREE ISSUES THAT MUST BE ADDRESSED TO RECOVER MONEY FOR YOUR ACCIDENT CLAIM
Posted on Wednesday, January 3rd, 2018 at 4:58 pm
If you have been injured in a traffic accident, you might be wondering how much money you can receive if you file an injury claim. However, before you can receive any money for your accident claim, at least three issues must be addressed and settled.
- Who is at fault for the crash?
If you are involved in a traffic accident, the police might charge you or the other driver with a traffic offense. The officer might also state that you and/or the other driver contributed to the cause of the crash. The police officer’s determination can be useful in a personal injury case; however, it does not prove fault. You must have evidence proving the other driver caused the crash if you want to recover money for a claim. If you contributed in any way to the cause of the accident, your compensation might be reduced under California’s comparative negligence laws.
- You must settle your claim or file a lawsuit before the deadline passes.
Under California’s statute of limitations, most car accident claims have a two-year deadline for filing lawsuits. If you do not settle your claim or file your lawsuit before two years from the date of your accident, you could lose the right to recover money from the other driver. There are very few exceptions to this rule. It is best to consult with an attorney as soon as possible to avoid missing a deadline.
- Did you suffer compensable damages because of the accident?
To recover money for your injury claim, you must have suffered damages that are compensable under California’s personal injury laws. In most car accident cases, the victim suffers both non-economic and financial damages. Examples of damages that might be included in a personal injury claim include:
- Cost of medical treatment, medications, and medical equipment
- Loss of income, including loss of earning capacity and future lost wages
- Property damages claims
- Physical pain and suffering
- Mental anguish and emotional suffering
- Permanent disabilities
- Scarring and disfigurement
- Other out-of-pocket expenses
The value of your claim depends upon the amount of compensable damages and whether you have any fault for the cause of the accident.
Issues in Personal Injury Claims
Each personal injury claim is different. Therefore, your claim could involve a variety of issues in addition to the issues discussed above. Our Sacramento personal injury lawyers have experience handling a variety of traffic accident claims. We can help you answer these questions and more when you come into our office for a free case evaluation. Let us help you get the compensation you deserve for your claim. You should not be forced to bear the entire financial burden caused because of another person’s negligent behavior.
Contact The Tiemann Law Firm by calling (916) 999-9000 to schedule a free consultation with a California traffic accident attorney. Our law firm serves clients in Sacramento, Folsom, Roseville, El Dorado Hills and other communities in the greater Sacramento area.