A car accident is a jarring, confusing, and painful experience that can happen to anyone at any time. If you have been involved in a car acciedent, you need someone who will defend your claims and fight the insurance companies while you focus on your physical recovery. The attorneys at Williams Iagmin, LLP have decades of legal experience helping car accident victims through the legal process, getting them the full compensation they deserve for their claims.
In 2015, the California Office of Traffic Safety reported a total of 9,237 car accident victims injured or killed in the San Diego area. Given the thousands of miles of roadway through beach towns, forests, deserts, and other picturesque scenery, it comes as no surprise that California routinely has some of the highest rates of car accidents in the United States every year. Car accidents can range from a minor fender bender to a severe, multi-car pileup. Although the type of car accident can vary, the most common injuries stemming from a car accident include the following:
– Traumatic brain injury
– Herniated discs
– Sprains or strains
– Soft Tissue Damage
– Internal Bleeding
– Bone Fractures
– Wrongful Death
According to the California Vehicle Code, if a person is involved in a car accident, he or she is required to make a written report to the police or California Highway Patrol within 24 hours if the accident resulted in any injury or death. In addition, the California DMV must be notified within 10 days if the accident resulted in any injury, death, or property damage above $750.
Under California law, the victim of a car accident has two years from the date of the accident to bring a lawsuit for personal injury and three years to file a lawsuit for property damage. For personal injury cases, California operates on a pure comparative negligence basis. This means that the insurance companies or the court determines the degree of fault for every party involved in an accident. Damages are then limited by the level of fault. For example, if a person is involved in a car accident and suffers $10,000 in damages but is found 10% liable for the accident, the total damages that person can receive is $9,000.
Car accident victims are entitled to economic and non-economic damages under the pure comparative negligence standard in California. Economic damages refer to out-of-pocket medical costs or liens, lost wages, and property damage to the vehicle. Non-economic damages include pain and suffering, scarring and disfigurement, emotional distress, and in the case of a fatality, the family is entitled to compensation for wrongful death. The only limits to car accident compensation are on uninsured drivers, who are only allowed to collect on their economic damages after an accident.
If you or a family member has been involved in a car accident in the San Diego area, the attorneys at William Iagmin, LLP are here to help. We will defend your claims against the insurance companies and, if necessary, take them to court. Call our office or contact us today to schedule a free consultation of your case.