Car Accident Compensation: Your Legal Right to Recover

Have you recently been involved in a car accident? Going through the insurance claims to secure the compensation you deserve can be complicating, potentially delaying your recovery and disrupting your daily routine. However, you’re not alone.

We’ll guide you through the car accident compensation process, address your key concerns and offer practical advice to alleviate your stress and help you move forward.

Car accident compensation is the financial settlement the responsible party or insurance company gives to a victim. The compensation should cover the cost and impact of the injuries in a person’s life, present and future.

You may be entitled to financial compensation, often called “damages,” to cover your losses and help in your recovery. Here are the types of damages you can pursue in your car accident case for recovery:

These refer to financial losses and can be proven by receipts, bills, and other documentation. They include:

Medical Expenses: Costs for medical treatment, hospitalization, medication, therapy, and rehabilitation.

Property Damage: Repair or replacement costs for your vehicle and any personal property that was damaged in the accident.

Lost Wages: Compensation for the income you lost due to being unable to work during your recovery.

Non-economic damages cover subjective losses, and their exact monetary value cannot be easily quantified. The damages include:

Pain and Suffering: the damage compensates for the physical pain and emotional distress caused by a car accident. This includes ongoing discomfort, mental anguish, anxiety, and reduced quality of life, as well as the emotional impact of enduring long-term injuries or changes in appearance.

Loss of Enjoyment: The damage compensates for the loss of companionship, affection, comfort, and other aspects of the marital relationship due to injuries sustained in the accident.

Punitive damages are rarely awarded. However, courts may award these damages in cases where the at-fault party acted recklessly or with intentional malice. These damages aim to punish the driver and deter similar dangerous behavior in the future.

Compensation isn’t given out arbitrarily. It’s carefully determined based on specific factors. Here are some aspects that can impact your car accident compensation claims in California:

California follows an “at-fault” liability system. This means the person whose fault led to the accident is responsible for compensating the injured party. While claiming insurance, the victim should be able to prove that the other party’s negligence caused the accident and corresponding injuries.

In California, the state follows “a pure comparative negligence” law. This rule allows you to claim compensation even if you are partly at fault for an accident. But, your car crash compensation will be deducted proportionally to the fault. For instance, if you are 40% at fault for an accident, you will only get 60% recovery amount. Determining fault accurately requires credible evidence.

The statute of limitations is a key legal deadline for filing a compensation claim after a car accident. It ensures claims are made promptly while evidence remains fresh and reliable.

In California, you generally have two years from the accident date to file a claim. However, this deadline is shortened to six months if a government entity is involved. For minors, the timeline is paused until they reach 18.

Missing this deadline may result in losing your right to an accident compensation claim.

In California, drivers are required to carry minimum liability insurance coverage to drive a vehicle legally. The mandatory coverages include:

• $15,000 for bodily injury or death per person.
• $30,000 for total bodily injury or death per accident if multiple people are injured.
• $5,000 for property damage per accident.

These requirements help drivers cover costs for damages and injuries they might cause in an accident. However, it’s crucial to understand that these minimum coverages may not suffice, particularly in severe accidents. If the cost of your damages exceeds the at-fault driver’s insurance limits, they are personally responsible for the remaining balance. You can seek compensation directly from their personal assets, such as savings or property, to cover the difference.

Although California law mandates drivers to carry liability insurance, some may still be uninsured. If you met with an accident caused by an uninsured driver, you can file a lawsuit to recover compensation. However, you’ll only receive payment if the at-fault driver has enough assets to compensate for your car accident.

To protect yourself in such situations, you can get an uninsured motorist coverage. This is optional insurance that covers your costs if you’re hit by an uninsured driver. It acts as a safety net, protecting you financially if the at-fault driver doesn’t have insurance.

The severity of injuries significantly affects the outcomes in damage claims. Typically, courts grant higher settlements for severe injuries like head trauma, disfigurement, spinal injuries, and permanent scarring. These monetary awards tend to be substantially larger than those for minor injuries.

You must prove the other party’s negligence to receive compensation after a car accident. This can be challenging, especially for injuries that aren’t immediately apparent. To support your car crash claim, you need to gather evidence like photos, witness statements, videos, medical records, and police reports. Without strong evidence, you may not receive the full compensation you deserve.

At J.G. Winter Law, our attorneys have extensive experience handling car accident cases. However, the claims process can be complex and stressful, with insurance companies often trying to minimize payouts.

An experienced car accident attorney can guide you through the legal process, protect your rights, and fight for maximum compensation for your injuries and losses.

At J.G. Winter Law, we have attorneys experienced in car accident cases. We understand the intricacies of proving fault and negotiating with insurance companies to ensure you receive the compensation you deserve.

Don’t worry about upfront legal fees—we work on a contingency basis, meaning you only pay us if we win your case. Contact us today for a free consultation to discuss your options and start your journey toward recovery.

Schedule a free consultation at J.G. Winter Law today.