What your car accident lawyer will look for in your claim includes the ordinary care defined in California Civil Code (CIV) §1714. To prove the required legal elements of your compensation claim, your car accident lawyer must demonstrate that the other party was negligent. The four components of establishing negligence are:
- Duty – the ordinary care each driver owes other drivers on the road
- Breach – the at-fault driver’s action or inaction that led to the accident
- Cause – proof that the accident caused your injuries and property damage
- Damages – proof of the financial consequences of the car accident
Once negligence and fault are demonstrated, the law may allow you to hold the at-fault driver financially liable for the expenses and losses that stem from the accident. Your legal team may be able to compile documents and evidence that create a comprehensive evidence file for your case. Your evidence file may prove the cause and cost of your accident. It may also establish your potential right to financial compensation.
How Your Lawyer Might Resolve Your Car Accident Claim
Your lawyer might resolve your car accident claim by negotiating a financial settlement or representing you in court. If you and your lawyer agree to negotiate a financial settlement, your lawyer may be able to:
- Prove the at-fault driver’s responsibility to compensate you
- Assign an accurate monetary value to your compensation claim
- Review each settlement offer for its merits and ability to cover your losses
- Present each settlement offer to you for your review and consideration
You, not your lawyer, will make the final settlement decision. Your accepted and signed agreement is permanent. This makes accurately valuing your claim an important part of the settlement negotiation process.
Your car accident claim may not be successfully resolved with a settlement negotiation. In that case, your lawyer may represent you in court. They’ll attempt to recover the financial compensation you may deserve due to negligence. Whether your claim is resolved with a settlement or in court, your legal team will work hard to uncover all your costs and accurately value your claim.
Assign a Monetary Value to Your Compensation Claim
Successful settlement negotiations start with an accurately valued compensation claim. A miscalculation could result in a settlement that is too small. When that happens, it might not adequately cover your expenses and losses.
CIV §1431.2 describes the economic and non-economic damages you might be entitled to from the at-fault driver. Your economic damages might also include past and anticipated medical expenses, past and anticipated income loss, damage or loss of property, the costs of obtaining substitute domestic services in your home, and applicable funeral and burial expenses.
The entitled non-economic damages you might receive can include physical and emotional pain and suffering, inconvenience, and applicable loss of society, companionship, and consortium. Speak to your lawyer about your entitled compensation if someone you love sustained fatal injuries in the accident.
Do Not Wait to File Your Car Accident Lawsuit
When a personal injury lawyer represents you in your fight for financial compensation, they may prepare and file a personal injury lawsuit on your behalf. The statute of limitations in California limits the time you have to file a lawsuit. Failing to file your lawsuit before the filing deadline could mean you won’t be able to file it at all.
The filing deadline defined in California Code of Civil Procedure (CCP) §335.1 generally entitles you to two years from the date of the accident. With enough notice, your lawyer may have the time required to prepare and file your lawsuit in compliance with the statute of limitations.
Get Help from a Car Accident Lawyer
When you suffer injuries in a car accident in Los Angeles, a car accident lawyer may be able to help you. An attorney can also help prove the legal elements required to establish your right to financial compensation.
You do not have to navigate the personal injury recovery process on your own. Jacoby & Meyers Law Offices may be able to help you. To learn more about your options in a free case review with a member of our team, call us today at (866) 559-7223. We can take time to explain what your car accident lawyer may look for in your claim during this call.