Laguna Beach, CA Car Accident Lawyer

Car accidents are one of the leading causes of injury to nearly every demographic.  If you have been hurt in a crash, you and your family may now be facing expensive vehicle repair and medical bills, all while you are out of work because of the injuries.

For help recovering the damages you deserve, work with a lawyer.  You should never trust insurance to have your best interests in mind or provide a fair settlement unless your lawyers have negotiated with them and approved the settlement.  If they refuse to pay, we can take them to court.

For help with your case, call our car accident lawyers immediately at the Law Office of John J. Perlstein at (213) 252-1070.

What Do You Need to Have a Car Accident Case?

Car accident cases need a few important things before you truly “have a case.”

Defendant(s)

You need someone else who was at fault for the accident to hold anyone responsible.  California works on an “at-fault” insurance system, so the at-fault driver’s insurance pays, not yours.  Even so, you might have supplemental coverages on your policy, like collision coverage.

In most cases, the at-fault party will be one of the drivers involved in the accident, but you can divide fault among multiple drivers.  If one of the drivers was a trucker or other commercial driver, their employer might also be held liable.

Elements of Negligence

Most car accident claims are based on “negligence,” which says that the defendant caused an accident rather than hitting you on purpose.  To prove they were at fault, you have to show four elements:

  1. The defendant owed a legal duty, typically based on traffic laws or what is “reasonable” behind the wheel in that situation.
  2. The defendant breached the legal duty, often by violating a traffic law or driving unsafely.
  3. That breach caused the crash.
  4. The crash resulted in damages and injuries.

Evidence

You also need enough evidence to prove your case.  In personal injury cases, the “burden of proof” is a “preponderance of the evidence” standard.  This means you need to show it is more likely than not that your story is correct.

How Much is a Car Accident Case Worth

Every case is different.  There is no set value for a car accident or for particular injuries.  Instead, we need to look at what damages arise in your case.

Economic and Non-Economic Damages

Injury cases involve “compensatory damages” – damages that pay you back for what happened.  These fall into two categories:

  • “Economic” damages pay for expenses and lost money, such as medical bills, lost wages, and vehicle repair costs.
  • “Non-economic” damages pay for intangible harms, like physical pain, mental suffering, and emotional distress.

We can put values on economic damages by showing bills and financial statements.  Future costs can also be estimated with various actuarial tables or opinions from economic experts.  Non-economic damages are based on how serious your injuries were.

Punitive Damages

Some cases where the defendant’s actions went above and beyond mere negligence allow the courts to punish them.  These damages are just to punish, not to pay you back, so they are “punitive” instead of “compensatory.”

These are rare, but they may be available in serious cases involving substantial wrongdoing, repeat actions from negligent trucking companies, and more.

What Should You Do After a Car Accident in Laguna Beach?

Immediately after a crash, take these steps:

Get to a Safe Location

Do not wait in the middle of the street.  If you can, move your car to the side of the road, or at least move yourself out of the way.

Secondary crashes are often a huge risk, so clear the way to prevent this.

Call 911

Call 911 and request both police and medical response.  If anything is on fire, you will also need a fire truck.

The police will likely arrive first, and the responding officer will gather information to write a report.  If you have to leave the scene to go to the hospital right away, we can get a copy of this report to look for information, such as who the other drivers were.

Get Medical Care

Focus on healing first and foremost.  If the ambulance crew can patch you up and send you on your way, that is sufficient – but if they think you should go to the hospital, go with them.

Get all care you need, and follow up with doctors if any new injuries appear in the following days.  For example, whiplash is often not noticed until the next day.

Gather Evidence at the Scene

Take pictures, get everyone’s contact info, and note any information you can about the scene.  Look for location, weather, road conditions, and lighting, as well as what vehicles were involved and what damage they suffered.

Taking notes about the signs and signals on the road or at the intersection is also vital.

Call a Lawyer

Work with a car accident lawyer.  Never try to handle your case on your own.

File Insurance Claims

Many cases can be resolved through insurance, but do not accept any money until you work with your own lawyer.  Also, do not talk to the insurance companies on your own; let your lawyer handle those conversations and negotiations.

Consider a Lawsuit

If the defendant and their insurance company refuse to settle, we can take the case to court in a lawsuit.

Can You Settle a Car Accident Case?

Yes, but you should not do so until you talk to a lawyer about your case and the specific settlement offer before you.  Insurance companies tend to make low-ball offers for their initial offers, and it takes negotiations to get them to raise the settlement to the right value.

If you accept a low settlement, your case is over.  Do not take any money or sign anything until your lawyer has reviewed it.

Can You Sue if the Settlement Offers Are Too Low?

Yes, but only if you do not accept the offer.  If you take any money from the defendant or sign any settlement agreements, it will end your case for that value.  If you reject the offers, you can still renegotiate for a better offer or take the case before a judge and jury if they refuse to make a fair offer.

How Long Do You Have to File a Car Accident Claim?

The statute of limitations for car accidents in California is 2 years from the date of injury.  If your case is filed too late, it is basically an automatic loss.

Call Our Car Accident Lawyers in Laguna Beach Today

For a free case review, call the car accident lawyers at the Law Office of John J. Perlstein at (213) 252-1070.