A car accident is the last thing you expect when you get on the road to travel. Even if you abide by all your state’s rules and regulations, another motorist’s negligent actions can still cause injuries in a collision. If you suffered severe injuries, you might qualify for compensation through an insurance claim with the negligent party’s insurer.
In some cases, you may even go through your insurance policy to recover an award for your losses. If an insurance claim does not sufficiently cover your losses, you have the option to file a personal injury lawsuit. You also have the right to have legal representation at any step of the way.
If you or a loved one suffered injuries in a car accident, you could have an Oakland car accident lawyer handle your case while you focus on your family and recovery. Call Ben Crump Law, PLLC at (800)-598-7557 for your free case evaluation with a team member. Let us help you determine if you have a case and what your legal options entail.
California Minimum Liability Insurance
All California drivers have a responsibility to follow the rules and regulations of the road as well as those regarding liability insurance in the event of an accident. According to the California Department of Motor Vehicles (DMV), all drivers must carry a minimum of:
- $15,000 for the injury or death of another person.
- $30,000 for the injury or deaths of multiple people.
- $5,000 for property damage.
If you experience an accident with a driver who lacks insurance coverage, you may have to file a claim through your insurance policy. Uninsured motorist coverage (UMI) is another avenue you could access, but it depends on what you initially selected with your auto insurance policy. UMI typically helps in accidents with uninsured or underinsured motorists, as well as hit and runs.
For a free legal consultation with a car accidents lawyer serving Oakland, call (800)-598-7557
Losses You Might Claim
When a car accident causes severe injuries, a few different losses are bound to follow. The following may apply in your case.
Along with costly medical treatment, such as a trip to the emergency room, occupational therapy, and medication, you might also have to take time off work to recover physically. You and your family may face lost wages and reduced earning capacity, depending on how much work you miss. These represent some of the economic losses you can experience after a crash.
The noneconomic losses involve your pain and suffering, as well as any loss in your quality of life. While it can prove challenging to assign a value to these losses, an Oakland car accident lawyer can help you assess your losses, regardless of the type, and estimate what a fair settlement would look like.
In the unfortunate event that you lose a loved one to a car accident, you may also qualify for compensation for wrongful death. Some losses you may claim in this case include:
- The cost of the burial.
- Medical expenses accrued before the victim’s death.
- Loss of consortium.
- Loss of income.
Depending on your unique situation, different losses will qualify you for different forms of compensation. Call Ben Crump Law, PLLC to speak with a team member about your case today and see what compensation you might qualify for.
Oakland Car Accident Lawyer Near Me (800)-598-7557
Filing a Personal Injury Lawsuit
If you find that an insurer denies your claim or awards you an amount that does not fairly cover your losses, you have the option to file a personal injury lawsuit to recover the difference.
Depending on the specific circumstances in your case, you may qualify for economic and noneconomic awards, including:
- Medical expenses
- Lost income
- Pain and suffering
We can prove your eligibility to collect compensation via evidence such as a police report. You must file a police report after an accident in the state of California.
If an insurance claim does not sufficiently cover your losses, you have the option to file a personal injury lawsuit. You also have the right to have legal representation at any step of the way. Your lawyer can explain the steps required to secure an insurance settlement.
Statute of Limitations
When filing a personal injury lawsuit, you do not have an unlimited amount of time to do so. Usually, a victim has a certain amount of time, starting from the date of the accident, to abide by a statute of limitations, which mandates a deadline. According to CCP § 335.1, you generally have two years from the accident to file a personal injury lawsuit.
If you do not abide by the statute of limitations, you risk losing your right to take any legal action against a negligent driver. Keep in mind that you may begin seeking compensation through an insurance claim, and it takes time to communicate and negotiate with insurers. After assessing an initial offer, victims who do not believe they would be fairly compensated for their losses typically proceed to a personal injury lawsuit. This process can take time, and the statute of limitations begins counting down from the date of your accident regardless.
An Oakland car accident lawyer can focus on your case so that you do not have to speak with insurers or worry about filing your personal injury lawsuit by the deadline. You can focus on what is important—your physical recovery and health—by letting a lawyer handle the legal process.
Call Ben Crump Law, PLLC for Help
Ben Crump Law, PLLC offers free case evaluations for prospective clients who believe they may have a case. We handle various types of personal injury cases, including car accidents, truck accidents, and slip and fall accidents.
If you worry that you cannot afford a lawyer, take comfort in knowing that we work on a contingency fee basis. We will never charge you any attorney’s fees upfront or out-of-pocket. We take our fee only if we secure a settlement or court award in your favor.
You have nothing to lose by giving us a call. To determine your legal options, call Ben Crump Law, PLLC at (800)-598-7557 for your free case evaluation with a team member.