An auto accident lawsuit is a frightening thought to most people. The stress of being in court, testifying on the stand and just the unknown world of the courtroom is daunting. A California auto accident attorney will be able to provide guidance and lend expertise regarding the chances of winning the lawsuit and what to expect. Unfortunately, auto accidents claim many lives every year and each accident is different. To understand the probability of winning your car accident lawsuit or claim, a personal injury attorney will need to evaluate the specific facts associated with your case. According to the National Highway and Traffic Safety Administration, car accidents cause about 3 million injuries annually. In addition, more than 40,000 lives are lost due to auto accidents nationwide. In the state of California, more than 30,000 motor vehicle crashes occur every year. If you or your loved has been involved in an auto accident in California, you should file a file a car accident lawsuit. If the lawsuit is successful, you will definitely receive compensation. Obviously, the money one receives from such a lawsuit helps one to pay off medical bills, as well as cover one’s loss of earnings. To help you in quest for justice, below is a crash course on California auto laws.
Unlike states that follow ‘No-fault car insurance’, California follows the ‘fault’ system. This means that there are no restrictions when it comes to filing lawsuits or injury claims related to auto accidents. With this in mind, you can file a lawsuit for compensation under any of the following.
• Compensatory Damages
This takes care of past and future earnings lost because of the car accident. Medical expenses and general damages for pain and emotional anguish also fall under this category.
• Punitive Damages
Apart from the compensatory damages, the jury may also decide to award you punitive damages. In most cases, the jury will award this type of compensation if the driver at fault acted recklessly or maliciously. Some of the actions that may result in punitive damages include driving while grossly intoxicated.
• Comparative Negligence
Since California has adopted comparative negligence, this can also factor into the jury’s decision. In simple terms, comparative negligence means that the accident happened because of carelessness on your part as well. As a result, your contribution to the accident determines the final amount of compensation awarded.
In order for the court to award these damages, you must prove that the other driver was responsible for the accident.
According to the law in California, all motor vehicles must have minimum liability insurance coverage. The California Department of Motor Vehicles (DMV) outlines California car accident law in detail. This coverage ensures that drivers can settle claims and car accident law suits in case of an accident. The minimum coverage for accidents that result in the death or injury of more than one person is $30,000 while the minimum coverage for an auto accident that causes injury or death to one person is $15,000. Lastly, $5,000 is the minimum coverage for property damage.
If you or your loved one has been involved in a car accident, it is advisable to speak to a personal injury attorney immediately. By doing so, you would be able to get professional legal advice, and file a lawsuit for damages. Besides seeking damages for medical expenses, you should also receive compensation for lost wages. In addition, your accident attorney will be able to determine if there are other liable parties. In some cases, defective parts or factors beyond the control of the other driver can cause auto accidents. Only a qualified and experienced auto accident attorney can assess all the facts and determine the proper course of action.
The May Firm is a personal injury law firm; our attorneys handle car accident cases every day. We will provide a free case consultation to anyone injured in a car accident. At that time, our car accident lawyers will advise you as to the likelihood of a successful outcome. No attorney at a car accident law firm should every guarantee a result; however, with great experience we can provide you with an understanding of what to expect if you are injured in a car accident. If you have questions about an auto accident lawsuit, speak with a top rated car accident attorney at The May Firm today.