A massive number of road mishaps are reported in California each year. If you were hurt in a car crash in Elk Grove, you need to do your homework and learn about state laws. The internet is full of information, but nothing beats custom legal advice from an expert. You need to find an Elk Grove personal injury lawyer at the earliest, who can be your advocate and ally. Before you file an accident claim, here are some essential things you need to know.
California is a fault state
If the other driver was negligent and accountable for the mishap, they are also liable for the losses you endure, including your medical bills and lost income. Recovering these financial and noneconomic losses can be a serious struggle, primarily if you don’t act immediately. Ensure you inform the police, get medical care for your injuries, and gather contact details of all the parties at the scene, including the witnesses. You should also collect physical evidence and take pictures of the accident spot, damaged vehicles, and your injuries.
Your fault is a major factor
California’s pure comparative fault rule is extremely claimant-friendly. You can still pursue the claim if you were responsible for the car crash, even more than the other driver. However, the final settlement, if you win, will be reduced according to the fault, which is measured in percentage. For instance, if you were 40% and won $50,000, you would only get $30,000. Insurance companies, the court, and other parties will use the fault percentage against you, and, therefore, do not proceed unless you have an attorney who can fight for you.
A look at the statute of limitations
The statute of limitations determines the time a claimant has to file a car accident lawsuit following the mishap, and in California, you have two years. If a loved one or a family member died in the mishap, you have two years to pursue the wrongful death claim, although the clock will start running from the date of their death. If your claim is against a government agency, the deadlines are different.
Get an attorney
Don’t let the confusing laws and the statute of limitations hold you from hiring an attorney. You can reduce your stress and focus on your medical care as the lawyer takes care of the legal proceedings. Your injury lawyer won’t demand payment until you win or settle the claim.