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Should I Sue After A Car Accident In California?

Car accidents could get very costly. Any victim of a car accident could experience thousands of dollars in damages. For example, some car accident victims may need medical treatment, which could be very expensive. Others may have to take time off work, and so they may suffer a financial loss.

Serious car accidents could lead to life-threatening and permanent injuries that may require future medical care. If you have been a victim of a car accident, you may be able to recover compensation for damages that you have suffered from a car accident.

Our attorneys understand that it could be very stressful and frustrating to go through a car accident experience. For example, you may not know what to do next or who to speak to, but you do know that you need medical treatment right away. Many people shy away from getting medical treatment because they think that they have to pay for out-of-pocket expenses themselves. But, that is not the case. If your car accident was caused by another party, you could recover compensation.

What causes car accidents?

  • Distracted Driving
  •  Speeding
  •  Driving Under The Influence Of Alcohol Or Drugs
  •  Improper Road Conditions
  •  Improper Vehicle Maintenance
  •  Aggressive Driving
  •  Fatigued Driving 

If you have been involved in any of the above-mentioned accidents, give us a call today to discuss how you could recover compensation by holding the negligent party responsible. We are available 24/7 via phone and email. We know just what it takes to get the maximum compensation available for our clients.

Could I sue if my car was defective?

In some cases, no driver is responsible for the accident. Instead, a vehicle may have a defect which causes the accident. In this case, a product liability lawsuit is filed. Product liability lawsuits are different than a car accident lawsuits. Instead, the party filing the lawsuit must have to show the defect, and how the defect caused the accident. Product liability lawsuits hold the vehicle manufacturer or retailer accountable for creating a defective product and putting it in the market. Several different factors come into play, including when the customer purchased the product, how the product was defective, and whether the injury was preventable. Product liability lawsuits have a different set of deadlines that one must have to meet. For more information, contact our product liability lawsuit attorneys to schedule a one-on-one and discuss your defective vehicle.

Should I hire an attorney after a car accident?

After a car accident, you may not know exactly what to do. Our experience attorneys will walk you through the process and make sure that you exercise your rights as an accident victim. As an accident victim, you have the right to file a claim or lawsuit to get damages compensated.

 If you would like to seek financial compensation, hiring a top-rated car accident attorney as soon as possible is the best thing you could do. The longer you wait, the more difficult it could be to gather evidence, get other party information, get witness information, and see the vehicle damage to determine fault. You may also lose your right to file a lawsuit if you wait too long.

 Our top-rated lawyers will know just what to do when it comes to handling your car accident lawsuit.

What needs to be proven in a car accident lawsuit?

  • There are specific elements that you must have to prove to have a successful car accident lawsuit. This includes:
  •  The other party had a duty to drive safely. This duty is very general, and it includes adhering to traffic lights, stop signs, and pedestrians.
  •  The other party failed this duty when they did not drive safely.
  •  Because the other party failed to follow this duty, they caused the accident.
  •  Now, the accident victim has damages they are trying to recover.
Woman angry after car accident caused significant damage to her vehicle

Why should I file a lawsuit?

  • Filing a lawsuit allows you to recover medical compensation. If you have suffered serious injuries from the car accident, such as traumatic brain injury or spinal cord injury, you may need medical attention right away. For example, you may need imaging, or future medical care at home. Getting an attorney and filing a lawsuit will help you get medical compensation and treat your injuries.
  •  When you file a lawsuit, an investigation is done into the circumstances of the accident. After an accident, parties may point the blame at one another. Hiring an attorney and filing a lawsuit after the accident will establish your rights as an accident victim once the investigation reveals that the other party was at fault.
  •  Filinga lawsuit will also allow you to recover compensation from lost wages. After being involved in an accident, you may have to take time out of work to recover. This amount could be compensated through lost wages. You could also recover future loss of income.
  •  Besides medical bills and lost wages, filing a lawsuit could help you recover compensation for emotional distress. After an accident, you may feel frustrated, and your injuries could cause extensive distress such as anxiety, or PTSD. This is also compensated damages that you could recover from filing a lawsuit.

When should I file a lawsuit for a car accident in California?

There’s a time limit on filing lawsuits in California. This depends on the type of accident. When it comes to car accidents, you have two years from the date of the accident to file a claim.  The judge can throw out your entire case if you file your lawsuit after the two years has passed. We recommend that you act sooner rather than later, and get in touch with our top rated car accident attorneys immediately to prevent any evidence from being damaged or lost.

How much can I sue for after being involved in an accident in california?

The value of your case differs depending on the circumstances of the accident. For example, if your injuries are serious, you may have larger medical bills that you will need compensation for. If the injuries have affected your future lifestyle, you may recover other costs such as at-home medical care or loss of future earning capacity. To better determine how much you could sue after being involved in a car accident, we recommend that you speak to our attorneys through a one-on-one case evaluation. A case evaluation is a great way to get to know our California personal injury attorneys.

Could I still file a lawsuit after an insurance claim in california?

It depends. For example, if there are multiple parties involved in a car accident, and you recover compensation only from a single party insurance claim, you may be able to still file a lawsuit against the other parties you have not collected compensation from.  If you have recovered compensation through a settlement with the insurance company, and it still does not cover your damages, you may also file a lawsuit to recover the difference. But, this depends on the circumstances, and the settlement agreement language. In other cases, insurance companies may try to threaten a party to sign a settlement agreement and sign away their rights. For more information, you could contact our attorneys.

*** Disclaimer: This page, created by Heidari Law Group, is intended for educational purposes only and provides a broad overview of legal principles. It should not be considered specific legal advice. Your use of this site and review of this material does not establish an attorney-client relationship with Heidari Law or any of its members. Laws are subject to change, and therefore some information presented here may not reflect current legal standards. All logos and images on this site are the property of their respective owners and are used only for illustrative purposes; their presence does not indicate endorsement or affiliation. Please respect the copyright restrictions of these images and logos. If you have concerns about copyright infringement or require proper attribution, contact us immediately. We are committed to honoring intellectual property rights and will respond promptly to any issues.

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Sam Heidari

Sam Ryan Heidari

Sam Heidari is the founding principal of Heidari Law Group, a law firm specializing in personal injury, wrongful death, and employment law with offices in California and Nevada. Sam Heidari has been practicing law for over 11 years and handles a wide range of cases including car accidents, wrongful death, employment discrimination, and product liability. The Heidari Law Group legal firm is known for its comprehensive approach, handling cases from initial consultation through to final judgment. Sam Heidari is dedicated to community involvement and advocacy for civil liberties.

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