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If you have been injured in a car accident, you may have a few questions. The good news is that you do not have to navigate this time on your own. Our Roseville personal injury attorney at Herrig & Vogt, LLP wants to guide you through the process. Check out our frequently asked questions below to find helpful information on car accident claims and injury cases.
How long do I have to pursue a car accident injury claim?
In the state of California, the statute of limitations is two years. That means that you will have only two years to file an injury claim against another driver. The clock will start ticking on the day of the accident. If you do not notice your injuries until a later date, you may be able to push for the statute of limitations starting on the actual day your injuries are identified.
What should I do if I have been in an accident?
First, you should make sure that you and all of your passengers are safe. Second, make sure that the other driver is ok, so long as you are physically able to. Try and pull your vehicle over to the side of the road out of harm's way, then call 911. Take as many photos of the accident scene as possible. As soon as police arrive and all the proper information has been exchanged, you should go to the hospital or your doctor for a checkup (if you already weren't taken for emergency care). Make sure document all injuries and tell your doctor if any new pain occurs recently after your car accident. Once you have this information, you should speak with a lawyer about your case.
I think I may be partially at fault. Can I still pursue a claim?
Even if the other driver was not 100% at fault, you may still be able to pursue a claim. The total compensation you receive may have deductions due to any fault you may have contributed, but you can still recover a fair amount. You will need to discuss your specific case with an attorney to determine how much you can recover.
Can I pursue a claim if I was a passenger in a car?
Yes. Just because you were not a driver doesn't mean you cannot pursue and injury claim. Depending on the accident and both drivers' insurance, you may be able to recover from each of them, so long as their insurance companies are willing to settle. If not, you may need to take both parties to court in order to secure compensation.
How much will my car accident case be worth?
This will depend on a variety of factors, such as the amount of damage the other driver caused, if there was any distraction or intoxication involved, how severe your injuries are, and other matters. You will then have to determine what type of damages were incurred, such as how extensive your medical bills were, and how much the insurance company or jury believes you need for coverage. When you work with a skilled attorney, you can rest assured knowing you will receive a fair amount.
Do I really need an attorney to pursue compensation?
Pursuing an injury claim can be much more complicated than most people realize. There are many factors that go into a case, such as proving fault and negligence, assessment of injuries, medical evidence, and much more. On top of that, you may have to negotiate with tough insurance companies for a fair settlement. With the right legal advocate on your side, you can get the maximum amount of compensation for your injuries.
What kind of damages can I recover for a car accident?
While every case is different and depends on the circumstances involved, most car accident claims include certain types of damages. These often include lost wages, medical bills, therapy costs, medication expenses, loss of enjoyment of life, pain and suffering, and other damages. You may even be able to recover punitive damages in addition to damages directly related to your injury and suffering. These types of damages are awarded when a driver engages in blatantly dangerous and reckless behavior that leads to serious accident. For example, if a drunk driving causes a serious accident and life-altering injuries for an individual, they may be forced to pay punitive damages.
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