Essential Things You Should Know about Car Accident Lawyers
Whether you've been injured in an accident, are dealing with a personal injury claim, or facing another legal issue, Mendez & Sanchez APC is here to fight for you. Contact us today for a free, no-obligation consultation.
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Car accidents are a leading cause of death and injury in the United States. In 2015, the most recent year for which data is available, there were 6.3 million police-reported crashes, including 2.3 million injuries and 35,092 deaths.
Table of Contents
- What Are Car Accident Lawyers?
- What Do They Do
- The Bottom Line
The vast majority of car accidents are caused by human error. The National Highway Traffic Safety Administration (NHTSA) estimates that 94% of car accidents are due to human error, including speeding, distracted driving, and driving under the influence of alcohol or drugs.
There are many things that drivers can do to reduce their risk of being involved in a car accident. These include obeying the speed limit, being aware of their surroundings, and avoiding distractions. Additionally, drivers should always be on the lookout for potential hazards, such as animals or pedestrians, and be prepared to brake or swerve if necessary.
Despite the best efforts of safe drivers, car accidents can still happen. If you are involved in a car accident, you should check yourself and your passengers for injuries. If anyone is injured, call 911 immediately. Once you have ensured that everyone is safe, you can exchange information with the other driver and file a police report if necessary.
If you are not injured but your car is damaged, you will need to contact your insurance company to file a claim. Be sure to take plenty of photos of the damage and keep all repair estimates and receipts.
No one wants to be involved in a car accident, but unfortunately, they are a fact of life. Taking simple precautions and being aware of the risks can help keep yourself and your loved ones safe on the road.
In today's article, let's take a closer look at car accident lawyers and how they can help you in the event of an accident. Here's what you need to know:
What Are Car Accident Lawyers?
Car accident lawyers represent people who have been injured in car accidents. They help their clients recover damages from the responsible parties, such as the other driver, the other driver's insurance company, or the government.
They have a detailed understanding of the laws that govern car accidents, and they use this knowledge to help their clients get the compensation they deserve. In some cases, car accident lawyers may also represent their clients in court if the case goes to trial.
What Do They Do
Help You Get the Proper Compensation You Deserve
If you've been in a car accident, you may face serious injuries, sky-high medical bills, and a long road to recovery. You may also be wondering how you're going to pay for all of this.
This is where a car accident lawyer can help. They can work on getting the compensation you deserve from the at-fault driver's insurance company. They can also help you file a personal injury lawsuit if necessary.
The first thing they'll do is investigate the accident to determine who was at fault. They will gather evidence like police reports, witness statements, and photos of the accident scene. They will also look at the at-fault driver's insurance policy to see the available coverage.
Once the car accident lawyer has gathered the evidence, they will negotiate a settlement with the at-fault driver's insurance company. If the insurance company is unwilling to offer fair compensation, the lawyer will file a personal injury lawsuit.
Your lawyer will fight for your rights and make sure you get the compensation you deserve. Don't try to handle it all alone. Contact a car accident lawyer today.
Assist You in Collecting and Organizing Relevant Evidence
A lawyer can help you collect and organize the evidence you need to prove your case and win the compensation you deserve.
Many different types of evidence can be helpful in a car accident case. Your lawyer will know the proof most helpful in your particular case.
Here are some types of evidence used in car accident cases include:
1. Police Reports
A police report can help you understand what happened in a car accident. The report will have information like when and where the accident happened, who was involved, and what injuries people got. The report will also have a description of the accident.
2. Witness Statements
Witness statements can be very helpful in car accident cases. If there were any witnesses to the accident, be sure to get their names and contact information. Your lawyer will then be able to contact them and get their statements.
3. Photographs
Photographs can be very helpful in car accident cases. If you have any pictures of the accident scene, the damage to the vehicles, or your injuries, be sure to give them to your lawyer.
4. Medical Records
Medical records can be very helpful in car accident cases. These records will document your injuries and the treatment you received. They can be used to prove the extent of your injuries and the pain and suffering you endured.
5. Expert Witnesses
Expert witnesses can be very helpful in car accident cases. An expert witness has special knowledge or experience in a particular area. For example, an accident reconstruction expert can testify about how the accident happened and who was at fault. A medical expert can testify about your injuries and the treatment you received.
The Bottom Line
Whether or not you've ever been in a car accident, you're probably wondering if hiring a car accident lawyer is worth it. Well, the answer depends. You're the only one who can know the answer.
If you suffer severe injuries in a car accident, you must consult with a car accident lawyer to discuss your legal options. A good lawyer will help you navigate the complex legal process and fight for your rights to ensure you receive the proper care and compensation you need.
Even if you're unsure whether you need to hire a lawyer, it's essential to consult with one as soon as possible after the accident. This is because essential deadlines must be met to preserve your rights.
If you are looking for an accident lawyer in Los Angeles, we can help you. Here at Mendez and Sanchez Law, you will only find the best. Our attorneys and team members are here to help you through the difficult legal landscape as we pursue the compensation you deserve. Please contact us for your injury, auto accident, workers' compensation, and other legal needs today.
Frequently Asked Questions
How long do I have to file a car accident lawsuit in California?
In California, you generally have two years from the date of your car accident to file a personal injury lawsuit, under the statute of limitations established by California Code of Civil Procedure Section 335.1. If your accident involved a government vehicle or a city or county-owned road defect, the deadline is much shorter — you must file a government tort claim within just six months of the incident. Missing these deadlines almost always means losing your right to compensation forever, so contacting a car accident lawyer as soon as possible after your accident is one of the most important steps you can take.
What kind of compensation can I actually recover after a car accident in California?
California law allows injured car accident victims to recover two main categories of damages: economic damages, which include medical bills, lost wages, future medical care, and property damage; and non-economic damages, which cover pain and suffering, emotional distress, and loss of enjoyment of life. In rare cases involving particularly reckless or malicious conduct, California courts may also award punitive damages under California Civil Code Section 3294. There is no cap on damages in most California car accident cases, meaning a skilled lawyer can pursue the full financial impact your injuries have had on your life.
What happens if I was partly at fault for my car accident in California — can I still get money?
Yes, you can still recover compensation even if you were partially at fault for your accident, because California follows a pure comparative negligence rule under California Civil Code Section 1714. Under this system, your total compensation is simply reduced by your percentage of fault — so if you were found 30% at fault, you would still receive 70% of your total damages. This is actually more generous than many other states, and it's one reason why speaking with a California car accident lawyer is so valuable, since an insurance company may try to inflate your share of fault to minimize your payout.
Do I really need a lawyer if the other driver's insurance already offered me a settlement?
Accepting an early settlement offer from an insurance company without consulting a lawyer is one of the most common and costly mistakes car accident victims make in California. Insurance adjusters are trained to close claims quickly and for as little money as possible, and their first offer rarely reflects the true value of your medical expenses, lost income, and long-term suffering. A car accident lawyer can evaluate whether the offer is fair, negotiate aggressively on your behalf, and in many cases secure a significantly higher settlement — most personal injury lawyers in California work on a contingency fee basis, meaning you pay nothing unless they win.
How does a car accident lawyer in California get paid, and what if I can't afford one upfront?
Nearly all car accident lawyers in California work on a contingency fee basis, which means you pay absolutely nothing out of pocket to hire them — their fee is a percentage of the compensation they recover for you, typically ranging from 33% to 40% depending on whether the case settles or goes to trial. This arrangement is specifically designed so that anyone injured in a car accident can access experienced legal representation regardless of their financial situation. If your lawyer does not win your case, you owe them nothing, which means there is genuinely no financial risk in at least consulting with a car accident attorney after your accident.
What should I avoid saying to the insurance company after a car accident in California?
After a California car accident, you should avoid giving a recorded statement to the at-fault driver's insurance company, admitting any degree of fault, or saying phrases like 'I'm fine' or 'I'm not hurt' before you have been fully evaluated by a doctor. Insurance adjusters are looking for any statement they can use to minimize or deny your claim, and even an innocent-sounding comment can be taken out of context. You are legally required to cooperate with your own insurance company, but you have no obligation to speak with the opposing insurer before consulting a car accident lawyer.
How long does it typically take to settle a car accident case in California?
The timeline for settling a California car accident case varies widely depending on the severity of your injuries, the complexity of the liability dispute, and how cooperative the insurance companies are, but straightforward cases can sometimes settle in three to six months while more serious injury cases often take one to three years. One of the most important reasons cases take longer is the need to reach what lawyers call 'maximum medical improvement,' meaning your doctor has determined your condition has stabilized, so your attorney can accurately calculate the full value of your future medical needs. In counties like Los Angeles and San Francisco, court backlogs can also extend trial timelines significantly if a lawsuit needs to be filed, which is another reason skilled negotiation matters so much early in the process.