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Personal Injury Representation

Downey Car Accident Attorney

Car Accident Claims in the Greater Los Angeles Area

Were you involved in a car accident? You may be able to recover compensation for your injuries and losses by filing a personal injury claim against the at-fault driver. Unfortunately, the insurance company will try to minimize the value of your claim by blaming you for the accident.

In order to protect your rights, best interests, and compensation, you must hire an experienced lawyer to help you obtain the best possible result in your case. At the Law Offices of Ronald M. Hall, we are committed to fighting for you inside and outside the courtroom.

Call the Downey car accident lawyers at the Law Offices of Ronald M. Hall today at (562) 268-5522 to schedule a case evaluation.

Auto Accident Laws in California

California follows the "fault" system for car accidents, which means that the party responsible for causing the accident is generally liable for the resulting damages. The at-fault party's insurance company is typically responsible for covering the damages suffered by the other party/parties involved.

To win a car accident case in California, you generally need to prove the following four elements:

  1. Duty of Care: You must establish that the other party owed you a duty of care. In car accident cases, this duty is generally assumed because all drivers have a duty to operate their vehicles safely and follow traffic laws.

  2. Breach of Duty: You need to show that the other party breached their duty of care. This means proving that their actions or failure to act fell below the standard of care expected of a reasonable person in similar circumstances. Examples of breaching the duty of care can include reckless driving, speeding, running a red light, distracted driving, or driving under the influence.

  3. Causation: You must demonstrate that the other party's breach of duty was the direct cause of the accident and your resulting injuries. This requires establishing a causal link between the other party's actions and the harm you suffered.

  4. Damages: You need to provide evidence of the damages you incurred as a result of the accident. This includes both economic damages (such as medical expenses, property damage, and lost wages) and non-economic damages (such as pain and suffering, emotional distress, and loss of enjoyment of life).

Here are the common types of damages that can be pursued in a car accident claim:

  • Property Damage: This refers to the cost of repairing or replacing the damaged vehicle or any other property that was damaged in the accident, such as personal belongings that were inside the vehicle.
  • Medical Expenses: These include the costs associated with medical treatment, such as hospital bills, doctor's visits, surgeries, medication, rehabilitation, and any other necessary medical services. Future medical expenses may also be considered if the injuries require ongoing treatment.
  • Lost Wages: If the injured person is unable to work due to their injuries, they may be entitled to compensation for the wages they would have earned during the recovery period. This includes both past and future lost wages.
  • Pain and Suffering: This refers to the physical pain, emotional distress, and mental anguish experienced as a result of the accident and injuries. It encompasses both the immediate pain and any long-term effects on the person's quality of life.
  • Emotional Distress: In some cases, the emotional impact of a car accident can be severe, leading to anxiety, depression, post-traumatic stress disorder (PTSD), or other psychological conditions. Compensation may be sought for the emotional distress experienced.

Remember, after the collision, you must report an accident to the California Highway Patrol (CHP) or local law enforcement if it resulted in injury, death, or property damage exceeding $1,000. Failure to report such accidents may result in penalties.

What If I Was Partially At Fault for the Accident?

California also applies the doctrine of "comparative fault." This means that if multiple parties are found to be partially at fault for an accident, the damages awarded to each party may be reduced in proportion to their degree of fault. However, if you are found to be more than 50% at fault, you may be barred from recovering any damages.

If you were partially at fault for the accident, your compensation will be reduced by a percentage that corresponds to your share of the blame. However, you can still likely recover compensation for your injuries and losses. You may also be able to file a claim against your own auto insurance company for coverage.

Our legal team is ready to protect your right to compensation, no matter who is at fault for causing the collision. Do not hesitate to let us evaluate your case, determine your available legal options, and help you obtain the compensation you deserve.

Call the Downey car accident attorneys at the Law Offices of Ronald M. Hall today at (562) 268-5522 to schedule a case evaluation.

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