A serious car accident can completely disrupt your life. Injuries suffered in a crash can take months to heal, and in some cases, a full recovery is impossible. If you suffered damages in a collision, you could be entitled to recover financial compensation to help with medical bills and other accident-related expenses.
At Triumph Law, we know how hard it can be to get things back on track after a wreck. Our team of experienced Davis car accident attorneys has helped countless accident victims get the money they need through settlements, as well as court-ordered payouts. Contact us today to learn more about your legal options.
Pay Attention to the Statute of Limitations When Filing a Car Accident Lawsuit in Davis
When pursuing a lawsuit after a car accident, it is critical that you are aware of the applicable statute of limitations. In California, accident victims are generally permitted two years to file a lawsuit against the liable party. If you miss this deadline, you will likely be out of options for pursuing compensation.
Of course, there are circumstances that can alter the filing deadline. In certain cases, the specific details surrounding your accident may further limit the amount of time you have to take legal action. Alternatively, you could find that you have far more than the standard two years to file your lawsuit and recover the financial compensation you deserve.
When you hire an experienced Davis car accident lawyer shortly after your accident, you will be ensuring that you will meet all filing deadlines. Your lawyer can identify whether any exceptions apply to your case that alter the cutoff date. They will draw up all the required documents and be sure to file them well before time runs out.
How California Handles Fault in Compensation Cases
California uses a pure comparative negligence rule when determining an accident victim’s right to recover compensation after an accident. According to this rule, an accident victim can pursue damages, as long as they were not 100% at fault. That means that even if you were the primarily liable party, you are not necessarily barred from securing damages.
However, any damages you are eligible to recover will be reduced at a rate proportional to your level of fault. For example, if you were 40% responsible for the accident, you will only be able to claim 60% of the full value of your damages. In this case, if your case were worth $100,000, you will only be able to receive $60,000.
Damages You May Be Able to Claim After a Davis Car Accident
If you suffered injuries in a car accident in Davis, there are several types of damages you will likely be able to claim. The specific damages you can pursue will depend on the details of your case. All compensatory damages you may be able to collect are split between the categories of economic and non-economic damages.
Economic Damages
Economic damages include all losses caused by your car accident that hurt you monetarily. Some of the economic damages most frequently claimed following a car accident include:
- Property damage
- Necessary modifications to your home or vehicle
- Medical bills
- Future medical costs
- Lost income
- Lowered ability to earn
Non-Economic Damages
Non-economic damages include all other losses resulting from your car accident. Some of the non-economic damages most frequently claimed following a car accident include:
- Mental anguish
- Permanent disability
- Diminished ability to enjoy life
- Loss of companionship
- Scars and disfigurement
- Pain and suffering
- Emotional distress
Punitive Damages
Punitive damages are not available in the majority of car accident cases. Instead, these damages are reserved for extreme situations involving gross negligence or intentional harm.
Punitive damages differ significantly from compensatory damages. While compensatory damages focus on replacing the losses suffered by the accident victim, punitive damages are used to punish the at-fault party for the role they played in causing the accident.
The Insurance Company Is Not on Your Side
When dealing with an insurance company after an accident, it is essential that you understand that these companies are not working in your best interest. While the insurer will likely attempt to paint themselves as your friend, ready to lend a helping hand, the truth is that they care far more about protecting their profit margins than they do about protecting people.
After an accident, the insurance company for the liable party will do everything they can to convince you that they are there to help. Their aim will be to make you feel like you don’t need to hire a lawyer because they will take care of you. They will likely make a settlement offer far below the true value of your claim before you know how much your case is actually worth.
If you accept this deal, you will be unable to claim further financial compensation once you understand how much your damages are actually worth. To protect yourself against the tricks used by insurers, you should hire an experienced lawyer as soon as possible. Until you have legal representation, decline to speak with the insurer about your claim.
Schedule a Free Case Review With an Experienced Davis Personal Injury Attorney Today
After suffering damages in a car accident, securing the services of an experienced lawyer is essential. When you hire an attorney, you need to be sure to choose a lawyer with a proven track record of recovering significant compensation for their clients in cases similar to your own.
At Triumph Law, we have helped our clients collect millions of dollars in damages, both through out-of-court settlements and court-ordered payouts. Contact us through our website or by giving us a call and schedule your free case evaluation with a member of our legal team today.
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