Being involved in a car accident can be a traumatic experience and a life-altering event. Accidents can happen in the blink of an eye when commuting on the freeway, navigating city streets, or traveling through scenic neighborhoods. When they happen, it’s crucial to understand your rights and the steps you should take to protect your rights. This article provides essential information to help you navigate the aftermath of a car accident and ensure that your legal rights are fully preserved.
The Right to Medical Attention
Your health and well-being, as well as that of your passengers, should be your top priority after a car accident. California law recognizes your right to seek immediate medical attention following an accident, even if you believe at first your injuries are minor. This is not only important for your health it serves as crucial evidence in any potential personal injury claim you may make. Medical records serve to legally document the symptoms and extent of your injuries. These records not only substantiate your injuries they also support any personal injury claim against the at-fault party.
Suppose you experience dizziness, pain in any area of your body, or confusion after an accident. In that case, it’s essential to get evaluated immediately by a doctor. Even injuries that may at first seem minor can end up having long-term effects if they are not treated promptly. For example, head pain and headaches at the scene or in the days after could mean you sustained a concussion, not seeking medical care for them can have a negative impact on the case, especially when care is further delayed. An opposing insurance company later on may view these delays as meaning your injuries were neither bad nor serious enough to seek immediate care. By seeking immediate medical care after an accident, you protect your health and legal rights.
The Right to Compensation
Suppose you’ve been injured in a car accident due to someone else’s fault or negligence. In that case, you can seek financial compensation for your damages. This can include medical expenses, lost wages, property damage, pain and suffering, and emotional distress. In California, which operates under a comparative negligence system, you can still recover damages even if you are partially at fault for the accident. However, your compensation will be reduced by the percentage of your fault. For example, if you are found to be 25% at fault, you can only collect 75% of your damages from the other party.
The Right to Legal Representation
Navigating the complexities of car accident claims and dealing with insurance companies quickly can become overwhelming, especially when recovering from an injury. They often immediately reach out wanting a recorded statement and send forms for you to sign. You should seek legal representation to help you through this process before signing anything or making any formal statements. Insurance companies may seek to have you sign a medical authorization without any limitations in order to gain access to your entire medical history and then seek to use unrelated aspects of your medical history against you in your claim. The law does not entitle them to such broad access, but when you sign these forms, you have done so. An experienced personal injury attorney will know the limits on what to provide. They can advocate for you with insurance companies and protect your rights throughout the claims process. They can also negotiate to ensure you receive a fair compensation.
At The Hassell Law Group, we understand insurance companies’ tactics to minimize the amount they have to pay for your claim. We work zealously to ensure you receive the proper compensation you deserve for your injuries. Having a skilled personal injury attorney by your side can make a major difference in the outcome of your case, and it allows you to focus on your recovery while we handle the insurance and legal aspects of your case.
The Right to Refuse a Quick Settlement
After a car accident, you may be approached by the at-fault driver’s insurance company with a quick settlement offer. While it might be tempting to accept, especially if you’re facing mounting medical bills or lost income, it’s essential to understand that these initial offers are very often far less than you may be entitled to. You can refuse such settlement and instead seek a fair amount that fully compensates you for your injuries and losses.
Insurance companies often make lowball offers soon after an accident, hoping that victims will accept without realizing the full extent of their injuries or damages. By instead consulting with an attorney before accepting any settlement, you’ll ensure that you are not leaving money on the table that you may need for ongoing medical treatment or future expenses. It is always advisable to have a skilled attorney handle your bodily injury claim and gives you the best chance to ensure you receive proper and fair compensation.
The Right to Pursue Legal Action
Suppose negotiations with the insurance company do not result in a fair settlement in the claims process. In that case, you have the right to pursue legal action in a lawsuit. Filing a personal injury lawsuit can be a powerful tool enabling you to secure the compensation you deserve. California’s statute of limitations for filing a personal injury claim is generally two years from the accident date. However, there are exceptions, so you must consult with an attorney as soon as possible after the accident to discuss your options. For example, if your car accident was caused by a city bus driver, or other government entity employee, the deadline to give formal written notice of your claim can be as short as 6 months from the accident.
Consider a scenario where your injuries are severe, and the insurance company refuses to offer a settlement that covers your medical expenses, lost wages, and pain and suffering damages. In this case, filing a lawsuit may be necessary to obtain the compensation you are entitled to. An experienced personal injury attorney can guide you through this process, from filing the initial complaint to representing you in court.
Conclusion
Understanding your rights after a Bay Area car accident is essential for protecting your right to receive fair compensation, your health, financial stability, and future well-being. From seeking medical care to negotiating with insurance companies and pursuing legal action should that become necessary, each step you take can significantly impact the outcome of your case. The Hassell Law Group is here to support you every step of the way. With our experience and dedication, we will fight to ensure your rights are not trampled upon, and you receive the compensation you deserve.
We offer California Car Accident Victims a Free Consultation, and there are No Attorney’s Fees Unless We Recover Compensation For You
At The Hassell Law Group, our legal team are experts in car accident law and personal injury law with over 100 years of combined legal experience, and experience matters. We stand up to aggressive insurance companies and have a history of obtaining award-winning results for our clients. We fight every step of the way to achieve the best possible outcome for our car accident clients. We work on a contingency fee basis, which means there is no risk in hiring our law firm.
Contact us today to schedule a free consultation and case evaluation. We welcome your questions, and our legal team looks forward to helping you obtain compensation for your personal injury claim.
The general information provided on this website should not be considered legal advice and does not constitute legal advice. For legal advice, you should consult directly with an attorney. If you contact us by telephone, email, letter, or by contact form submission through this website, please note that such communication does not create or constitute an attorney-client relationship. We cannot act as your attorney until we are hired as your attorney by a formal written agreement.
What is a Good Settlement Offer for a Car Accident?