Few things in life are as frightening as a serious car accident. A collision can leave you with severe injuries and expensive medical bills. If you were injured in an accident, recovering compensation can be critical as you attempt to put your life back together.
At Triumph Law, we understand the challenges faced by car accident victims. Our team of experienced personal injury lawyers in Yuba City is dedicated to ensuring that our clients recover the financial compensation necessary after an accident. Contact us today by phone or through this website to learn more about how we can help with a free case review.
California Uses a Pure Comparative Negligence Rule When Assessing Fault
When assessing fault after a car accident, California employs a pure comparative negligence rule. What this means is that accident victims can recover compensation as long as they were not 100% to blame for the accident that resulted in their damages. However, you should note that if you do hold a level of liability, the amount you can recover will be reduced accordingly.
Even if you were mostly at fault for the accident, if you suffered damages, you can still recover compensation. For example, if you were 90% responsible for a collision, you would still be able to pursue compensation at a rate of 10% of the full value of your claim. In this scenario, if your damages were worth $100,000, you would be eligible to receive $10,000.
Pay Attention to the Deadline When Filing a Yuba City Car Accident Lawsuit
When attempting to recover compensation through a car accident lawsuit, you must be aware of the personal injury statute of limitations for the state in which you are filing. In California, accident victims are permitted two years from the date of the accident to submit the paperwork necessary for a lawsuit. Missing this cutoff will likely result in losing your right to claim damages.
However, you should note that exceptions to the standard deadline do exist. If an exception applies to your case, it could allow you to file a lawsuit long after the typical two-year deadline has passed. Of course, you could just as easily find yourself in a position where the amount of time you have to submit your lawsuit is further restricted.
Speaking with an experienced Yuba City car accident lawyer shortly after your crash is the best way to ensure that you aren’t caught off guard by an unexpected deadline. Your attorney will review the details of your case and determine whether the circumstances of your situation alter the standard deadline. They will also draw up the necessary documents and file them on time.
Watch Your Back When Dealing With an Insurance Company After an Accident
When dealing with an insurance company after an accident, you have to understand that you have opposing goals. You are looking to get the money you need to cover your expenses and get back on your feet. Meanwhile, the insurer is looking to end their responsibility to you while paying out as little as possible.
Although the insurer will do everything they can to convince you that they are on your side, this is only a tactic to get you to let down your guard. The hope of the insurer is that you will not contact an attorney. It is highly likely that the insurer will quickly offer you a settlement deal. You need to know that if you accept this offer, you will be unable to pursue further damages.
Accepting a settlement without consulting an attorney is unlikely to work in your favor. The deal being offered is likely only a fraction of the full value of your claim. To protect yourself, you should decline to speak with the insurance company about your claim until you have hired experienced legal counsel.
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Damages You Can Recover in a Yuba City Car Accident
If you suffered a serious injury in a Yuba City car accident, there are likely going to be several types of damages you will be eligible to recover. The exact damages that apply to your situation will depend on the specific details surrounding your accident and the losses you sustained. All compensatory damages are split into the categories of economic and non-economic damages.
Any financial losses you incur as a result of your Yuba City car accident are considered economic damages. The economic damages most often available following a car accident include:
- Lost income
- Lessened ability to earn income
- Medical expenses
- Future medical expenses
- Property damage
- Necessary modifications to your vehicle or home
All other losses caused by your car accident belong in the incredibly broad category of non-economic damages. The non-economic damages most often available following a car accident include:
- Loss of companionship
- Emotional distress
- Permanent disability
- Scars and disfigurement
- Mental anguish
- Pain and suffering
- Diminished ability to enjoy life
Punitive damages differ significantly from compensatory damages. While compensatory damages are awarded to replace the losses suffered by an accident victim, punitive damages are used to punish the liable party for the role they played and discourage similar behavior from others.
Only a small portion of car accident cases qualify for punitive damages. For a judge to award these damages, your accident must have resulted from gross negligence or intentional harm.
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Contact an Experienced Car Accident Attorney in Yuba City for a Free Consultation
When you hire an experienced Yuba City car accident lawyer, you will be putting yourself in the best possible to recover the compensation you need and deserve. When choosing an attorney, you need to find a firm with experience handling cases similar to yours and a history of winning big.
At Triumph Law, we work tirelessly for our clients. We have secured millions of dollars for accident victims through court-ordered payouts and out-of-court settlements. Reach out to us today to schedule a free case review with a member of our legal team.
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