Sacramento, California, is one of the busiest urban areas in the State of California. The state capital is one place where automobile accidents occur on a somewhat consistent basis. If you want to learn about seeking monetary compensation for your injuries, then contact a Sacramento car accident lawyer today so you can obtain legal representation.
Learning more about automobile accident claims will help you see how insurance companies and other entities may be liable for an accident victim’s injuries. Although all car crash cases are unique, some common elements are associated with these claims. The two most common are liability and damages, but other topics are also relevant to car accident claims in Sacramento, California.
Liability and Damages Regarding Automobile Accidents
Automobile accident cases concern tort law, property law, and civil procedure. The primary legal claim associated with any accident case is negligence. The four elements of negligence are duty, breach, causation, and damages.
Liability is one of the most important concepts related to any car crash case. The injured party must prove each element of negligence by a preponderance of the evidence. Essentially, this means that it must be clear that the defendant was at least 51% responsible for causing the accident, which resulted in the plaintiff’s injuries.
The damages are the losses suffered by the injured party. Most plaintiffs in personal injury cases claim both economic damages and non-economic damages. An attorney can provide an injured party with the tools necessary to calculate the total damages amount associated with their case, even if the case involves irresponsible behavior such as texting while driving.
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The Potential Parties Involved in an Automobile Accident Case
Automobile accident cases are complex, and often, injured victims do not understand all the people, companies, or agencies that could be named as defendants in a personal injury case. However, an attorney can help you determine which individuals and entities may be liable for your injuries. It is necessary to assess the facts of your case and ensure that you do not omit any necessary or indispensable parties from a civil lawsuit.
Typically, the driver of the automobile and their insurance company are liable for your injuries. However, it is also possible that a leasing company or manufacturer may be responsible for your damages if a manufacturing defect or design defect caused the automobile accident. Sometimes, you may need to consider the possibility that you may have a product liability claim that arises from an automobile accident.
Truck accident cases often involve multiple defendants, including leasing companies, truck companies, and individual truck drivers. It can be difficult to think about all the details associated with a single automobile accident case. However, when you retain an attorney, you will have a better chance of naming all the defendants who may be liable for your injuries.
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The Statute of Limitations for Personal Injury Actions in California
The statute of limitations for personal injury actions in California is two years from the date of the injury. If you want to assert legal claims against a defendant, then you must do so within two years from the date of the accident. Sometimes exceptions apply which will stop (or toll) the statute of limitations period from running.
However, it is necessary to speak to a knowledgeable attorney to determine if an exception applies to the statute of limitations period in your case. If you are uncertain about whether or not an exception applies, then you cannot assume that you will be able to assert your claims past the statute of limitations deadline. You need to make sure that you reach out to a lawyer soon after suffering injuries so you do not run into any problems with the statute of limitations.
Many different public policy reasons justify the enforcement of a statute of limitations for personal injury actions. Injured parties should not rest on their rights, and the more time passes from the date of the injury, the less likely that reliable evidence will be available to plaintiffs and defendants. Therefore, it is essential to focus on gathering evidence and proving your claims sooner rather than later.
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Filing an Insurance Claim with Your Insurance Company
Filing an insurance claim requires time and energy. An automobile insurance company will reach out to you to collect information about the accident. Also, insurers will typically take recorded or written statements about an automobile case. Occasionally, an insurance company will request that the individual filing the claim submit to an examination under oath.
Insurance companies generally contact witnesses and other drivers involved in the automobile accident. Also, insurance company representatives will want to obtain copies of medical payments and any uninsured motorist claims. Many insurance companies will want to focus on ascertaining the details regarding the automobile accident.
It is generally advisable that you seek out the assistance of an attorney regarding any insurance claims you wish to file against an insurer. Being advised by a lawyer can help you avoid making mistakes that will harm your automobile accident case. Preparation is key if you want to eventually file a civil lawsuit against the parties liable for your injuries.
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Seeking out the assistance of an attorney does not have to cause stress or frustration. When searching for a lawyer, you should consider many different factors before you hire someone to represent you in a civil lawsuit. If you want to learn more about how you can enforce your legal rights, then contact us today. We are here to provide you with legal representation so you do not have to work on your automobile accident case on your own.
If you need to learn more about how to assert legal claims against an insurance company or other parties, then you should consult a knowledgeable automobile accident lawyer. We can help you gather evidence, request records, and depose the parties involved in your case. Also, our attorneys know how to conduct settlement negotiations, so we can help you pursue monetary compensation for your injuries.