Modesto Car Accident Lawyer

Car accident claims are by far the most common type of personal injury cases in Modesto and throughout the entire state. Like the majority of states in the country, tort law governs car accidents in California. Under tort law, you must file a claim for financial compensation against the negligent, or careless, party who caused the accident resulting in your injuries. These claims are filed with the insurance company covering the liable party.

Dealing with insurance companies and liable parties is never easy. They will try to use many tactics to reduce the total amount of damages you receive. A Modesto car accident lawyer can help you overcome these challenges and others these claims present.

Proving Liability After a Car Accident

Like most other personal injury cases, car accident claims rely on the legal theory of negligence. Negligence refers to another person’s carelessness or recklessness, and it takes many forms. Speeding, distracted driving, driving while impaired, and failing to yield are just a few of the most common types of negligence that cause serious accidents.

Any time a person acts negligently and you are hurt as a result, you can file a claim against them to recover financial compensation. To receive the full compensation you deserve for your medical bills, lost wages, and other losses, you must prove four elements of your case. These elements are as follows:

  • Duty of care: Proving duty of care is relatively easy because all motorists are expected to take reasonable care when driving so no one becomes hurt. Manufacturers also have a duty of care to make sure the products they create, such as auto parts, are free of defects so the people who use them are kept safe.
  • Breach of duty: Proving the breach of duty is more challenging, as you must prove another person or entity was negligent. Identifying the negligent act that caused your crash is not always easy. For example, if a driver was texting and caused the accident, you may not know that if you did not see them on their phone.
  • Causation: An act of negligence alone is not enough to file a claim. You must also prove that another party acted negligently and that the careless act caused an accident.
  • Damages: The purpose of filing a personal injury claim is to recover financial compensation for your injuries. You must prove the full amount of your losses, typically using medical records, employment records, and more.

The Statute of Limitations on Car Accident Claims

As with all other personal injury cases, car accident claims are governed by a time limit, which is legally known as the statute of limitations. Under California law, you have only two years from the date of the accident to file a claim for damages. The statute of limitations is a very important element of car accident claims. If you do not file your case before the statute of limitations expires, you will lose your legal right to claim any monetary damages at all.

There are some exceptions to the statute of limitations, but they are limited. One of the exceptions to the law is the discovery rule. If you did not realize you were hurt right away, the statute of limitations can be delayed. In this case, the statute of limitations would start on the day you discovered your injuries. For example, you may have sustained a whiplash injury during a car accident, but you may not realize it until a week or so later. The clock on the statute of limitations would start on the day you discovered the injury, and not the date of the accident.

Nearby Heidari Law Locations

car Accident

Heidari Law Group (Buena Park Office)

17901 Von Karman Ave Suite 600
Irvine, CA 92614

tel: (949) 239-1020

fax: (949) 239-1021

Call Our Car Accident Lawyers in Modesto Now

If you have been injured in a crash, our Modesto car accident lawyers at Heidari Law Group, P.C. have the necessary experience to help with your claim and ensure you receive the full and fair settlement you deserve. Call us now or contact us online to schedule a free consultation in English or Spanish and to learn more about your legal options.