A General Overview of California Auto Accident Settlement Process.

When you have a car accident and are injured, it is a stressful and complex process, which you should never attempt to navigate without professional, empathetic legal guidance. Numerous critical steps are involved in the California settlement process, and each one can extend the duration of your right to receive the compensation you need and deserve.

Just some of these steps are:

  • The insurance adjuster commonly makes your initial settlement offer to the at-fault party. This offer will always be lower than you need and deserve and should usually not be accepted. This settlement negotiation is an area where the help and guidance of your experienced personal injury lawyer will be invaluable.
  • Your lawyer will draft and forward a demand letter to the negligent party and the insurance company – This demand letter states what happened, the extent of all your injuries, and your intent to file a lawsuit if the compensation requested is not paid by a given deadline.
  • Your car accident lawyer will file a formal complaint against the at-fault party.
  • All the evidence documenting your accident and your expenses will be collected during the discovery process. This includes medical records, police reports, witness statements, details regarding your injuries, and more.
  • Settlement negotiations or a trial will usually then begin to take place – Trials tend to take a long time, so your thorough and well-versed car accident lawyer will negotiate and settle, making sure it’s what you are genuinely entitled to.

You must note that you should never go through this process without professional help. There are many critical steps, from filing a complaint to a potential trial, etc., and time is limited as you only have two years to make a claim. Your passionate, experienced, and knowledgeable car accident will navigate this journey, making it far less daunting while maximizing your compensation.

How Do Time Limits Affect My Auto Accident Settlement in California?

Navigating the legal process after a California car accident involves thoroughly understanding specific legal timelines and procedures. As an individual, you are most likely not aware of these critical timelines; your experienced and detail-oriented personal injury lawyer is and will successfully manage all your expectations and prepare adequately and promptly for the legal processes ahead.

In California, these timelines for settling your auto accident claim and settlement are governed by numerous state statutes and regulations that ensure that all the parties involved are promptly and fairly treated. In most cases, insurers must acknowledge the receipt of a claim within 15 days. After that, the insurance company has 40 days to accept or deny the claim. This period can be critical for gathering all documentation and evidence to support your claim.

Many and various factors can affect the length of this settlement process just some are:

  • The severity of your accident and the clarity of who is to blame.
  • The complexity of your injuries and the medical treatment you need and require.
  •  All the parties’ overall responsiveness in providing necessary documentation and information.

Making sure your case is fully documented, presented clearly to the insurance company and the court, and how much compensation you truly need to recover are just some of the vital points your experienced car accident lawyer will strive to ensure your best interests are protected and fully presented to the court.

What is Comparative Fault and Can It Affect My Settlement?

California car accident law follows the principle known as pure comparative fault. This law can significantly impact the overall outcome of your auto accident claims. Under this California rule, you can receive damages if you are partly at fault for your accident; this can be legally tricky. If you are partially at fault, your compensation will be reduced by your assigned percentage of fault.

In most cases, when an insurance company determines fault in an auto accident, the insurer or the court assigns a percentage of fault to each party involved. For example, let’s say you’re found to be 30% at fault for an accident, your compensation will be reduced by that percentage. If your total damages amount to $100,000, you would receive $70,000 after the reduction for your fault. In comparative fault cases, it is mandatory to have professional and experienced legal guidance to ensure a fair assessment of your liability.

For example, your well-versed car accident lawyer can:

  • Gather and present all the evidence to minimize your percentage of fault.
  • Aggressively challenge any unfair assessments made by the insurance company or the at-fault party.
  • Tirelessly negotiate a settlement that accurately reflects your level of responsibility and the total extent of your injuries, damages, etc.

A complete and total understanding of the nuances of comparative fault is essential for anyone involved in an auto accident in California, as this will directly affect the amount of compensation you finally receive.

What Other Vital Factors That May Affect My Settlement Amount?

The typical car accident settlement in California has a varied range because so many factors surrounding your accident must be addressed. Although the average overall settlement may range from $40 to $100,000, the amount you receive will depend on the unique factors in your case.

Just some of the vital factors that must be made clear to the court are:

  • The documented severity of your injuries – This is a very important and crucial factor that will directly influence the settlement amount you will receive; of course, the more severe your injuries, the more you will and should receive.
  • Economic damages and financial losses due to your accident can be objectively quantified using documents such as medical bills, lost wages, property damage, etc. This amount is more straightforward to calculate and will serve as the foundation for your settlement.
  • Non-economic damages such as pain and suffering – These damages are far more intangible and include various items such as physical pain, emotional distress, loss of quality of life due to injuries, etc. Although these subjective losses are more challenging to quantify, they may significantly increase settlement amounts.

California has distinct rules for calculating damages such as pain and suffering. Typically, it involves multiplying your total economic damages by a factor of 1.5 to 4, depending on your injuries. Once again, the professional help and negotiating skills of your compassionate and experienced car accident lawyer will prove invaluable in this process.

I’ve Been Injured in a Car Accident in California; How Should I Proceed?

Finally, you must note that the amount you obtain from a car accident settlement in California varies significantly and depends on a range of factors, including the severity of your injuries, property damage, and California state law, which affects many aspects of your case. Suppose you’ve been involved in a serious car accident and are dealing with your recovery, high medical costs, lost wages, and long-term effects of your injuries. In that case, your settlement amount must be high enough to help you recover the best you can.

The highly experienced, compassionate, and communicative car accident lawyers at Gibson & Hughes have successfully assisted injured Santa Ana victims for almost two decades. Call them today at 714-406-0998 for a free consultation on your unique case. They will provide you with the personal, professional help you need to navigate this complex process and get you the compensation you and your family rightfully deserve.