Accident Attorney

Being in a vehicle accident can be a painful and costly experience, but an experienced accident injury attorney can help you recover the most reimbursement for damages suffered as a result of the accident. Before you file an insurance claim, it may benefit your cause to contact an accident lawyer to get a consultation about your case. In some cases, you may file an insurance claim, other cases may call for a lawsuit to be filed.

Contacting an accident attorney about your case can help get you the proper medical attention, assess the overall damages that were suffered, and give you a proper explanation of any legal options that you may have moving forward.

Some types of damages that may be able to be recovered include medical expenses, loss of income or job opportunities, loss of property, emotional suffering, physical suffering, loss of consortium (affection, love, companionship), and possibly punitive damages.

Our team of highly skilled accident attorneys has experience covering a variety of different accidents. We work tirelessly to make sure that our victims recover the compensation that they need. Just some of the different types of accident cases we handle include:

What Causes Vehicle Accidents?

Many different things can factor into the cause of a vehicle accident, but there are some factors that are more frequently responsible than others. Here are the most common causes of vehicle accidents in California:

  • Drunk or impaired driving
  • Distracted driving
  • Speeding
  • Wet road conditions
  • Vehicle part or design defects
  • Tailgating other drivers
  • Potholes or other dangerous road conditions
  • Reckless driving habits
  • Running stop signs or red lights
  • Teenage drivers
  • Making an improper turn
  • Driving tired
  • Heavy fog with low visibility
  • Animals crossing the road
  • Uneven roads
  • Illegal street racing
  • Driving at night with poor vision

What Do I Have to Do to Prove in My Accident Case?

Showing that the other party’s negligent action was the cause of the accident & subsequent damages suffered requires four distinct elements to be proven in the court. The plaintiff must prove liability for the accident in the sense that:

  1. The defendant had a duty to operate their vehicle in a safe manner;
  2. The defendant violated that duty;
  3. The other driver’s actions are what caused the accident;
  4. The accident was the direct cause of damages suffered.

Evidence is critical in being able to prove liability for accident cases. Our team can help you gather the proof needed to support your case which may include finding photos, video, and witness testimony from officers who investigated the accident.

How much do our accident attorneys cost?

Our accident attorneys are contingency attorneys, which means that our work is done through a contingency fee agreement. This means that our accident attorneys will work towards getting you compensation. When we do win compensation, we will then collect attorneys’ fees. We do not collect a single dollar from our clients unless we win for them.

Do I have to report the accident to my insurance company?

All accidents are different from one another, however, the general answer is yes. You will have to report the accident to your insurance company, even if you were not responsible for the accident. Insurance companies require that you report all types of accidents, including motorcycle accidents, bicycle accidents, truck accidents, etc. to your insurance company.

How much does it cost to file an accident lawsuit?

There are several different types of fees involved with filing a lawsuit in court. besides Court fees, there may also be other types of fees such as deposition fees when interviewing and deposing witnesses and other parties. But, our contingency fee attorneys will front all these necessary costs to make sure that your case moves forward. 

What if I was not wearing a seatbelt during my accident?

 California law requires that all drivers and passengers of a vehicle wear a seatbelt at all times. In the event that you were not wearing the seatbelt, and you’re involved in an accident, you may still have the right to file a lawsuit against the other party. Contact us today to learn more.

Who could be held responsible for my accident lawsuit?

The different parties that could be held responsible depending on the accident. But, generally, some parties that have been held responsible for accidents include:

  •  Drivers
  •  Employees
  •  Landowners
  •  Property managers
  •  Employers
  •  Contractors
  •  Construction companies
  •  Government entities
  •  Product manufacturers 

Do I have to go to court for my accident lawsuit?

Since each accident and each lawsuit is different from one another, it depends on the circumstances of the accident. For example, if your lawsuit led to severe injuries and the other party is not willing to negotiate or settle, you may have to go to court. 

But, our trial attorneys have decades of experience representing our clients in court and making sure that they get the Justice they need.

Comparative Fault Laws in California

Comparative fault law, also known as comparative negligence, allows a person injured from an accident to recover damages from the other party even if they were not fully responsible for causing the accident. The amount that can be recovered in these situations is reduced based on the % of liability that the injured person has in the overall contribution to causing the accident. This law is modified in different states around the country, but in California, the law is considered to be a “pure comparative fault” where the plaintiff’s negligence offsets the defendant’s liability.

Injuries Frequently Associated with Accidents

A large portion of personal injury cases in California is based on getting compensation for medical expenses caused by a car or truck accident. Whether or not the individual was wearing a seat belt can have a massive impact on how severe the injuries are.

These are some of the most common injuries that occur with auto accidents:

  • Whiplash
  • Broken bones
  • Cuts and scrapes
  • Muscle, ligament, tendon or other soft tissue damage
  • Head & chest injuries
  • Arm, leg, and knee injuries

In the case of any injury after an accident, the best thing to do is seek immediate medical attention.

Understanding Comparative Fault in Accident Cases:

In personal injury law, comparative fault—also known as comparative negligence—is a crucial concept that impacts a victim’s ability to recover compensation following a motor vehicle accident or any other type of incident where multiple parties may be at fault. Each state has its own rules governing how comparative fault affects the final compensation awarded. In states that follow a “pure comparative negligence” rule, such as California, plaintiffs can recover damages even if they are 99% at fault, though their recovery is reduced by their degree of fault. For example, if a plaintiff was 20% responsible for the accident and the total damages amounted to $100,000, they could still recover 80% of the damages, totaling $80,000. This system ensures that each party is held financially responsible for their portion of fault in causing the accident.

What Happens When An Accident Case Goes To Trial:

Not all accident cases settle out of court. When settlement negotiations fail or if the parties involved cannot agree on a fair amount, the case may go to trial. During a trial, evidence is presented to a judge or jury by the plaintiff’s and defendant’s attorneys who will argue their respective positions regarding fault and damages. The trial processes involve opening statements, witness testimony, cross-examinations, and closing arguments. Trials can be lengthy and complex, often requiring expert testimonies and detailed evidence presentation. The outcome is determined by the judge or jury who will decide on the liability and the amount of compensation, if any, that should be awarded to the plaintiff. This process can be unpredictable and stressful, but an experienced accident attorney can navigate through these challenges to help their client achieve a favorable result.

Common Asked Questions

What types of accidents do personal injury lawyers typically handle?

Personal injury lawyers handle a wide range of accident cases. These include motor vehicle accidents such as car, truck, and motorcycle accidents, slip and fall accidents, medical malpractice cases, and cases involving premises liability. They also cover more specific cases like ride share accidents, aviation accidents, and injuries resulting from dangerous or defective products.

How does a contingency fee work with an accident attorney?

A contingency fee means that the accident attorney’s payment is contingent upon winning the case. The client does not pay any upfront fees; instead, the attorney takes a percentage of the settlement or court award. If the attorney does not win the case, the client does not have to pay any legal fees.

What should I do immediately after being involved in a car accident?

After a car accident, ensure your safety and the safety of others, then call emergency services if needed. Document the scene by taking photos and gather contact information from witnesses and the other driver, including insurance details. It is also advisable to seek medical attention, even if no injuries are apparent, and contact a qualified accident lawyer to discuss your legal options.

Can I still receive compensation if I was partly at fault in an accident in California?

Yes, under California’s comparative fault law, you can still receive compensation if you were partially at fault. The compensation amount will be reduced by the percentage of fault assigned to you. For instance, if you were found to be 30% at fault and the total damages are $100,000, you can still recover $70,000.

Is it necessary to report a minor accident to my insurance company?

Yes, it is generally required to report any type of accident to your insurance company, regardless of its severity. Failing to report an accident might violate your insurance policy terms and could complicate or invalidate a future claim.

What types of damages can I pursue in a car accident lawsuit?

In a car accident lawsuit, you can pursue various types of damages including medical expenses, lost wages, pain and suffering, loss of consortium, and in some cases, punitive damages. An experienced attorney can help identify all the potential damages relevant to your case.

How long do I have to file a lawsuit after an accident?

The timeframe to file a lawsuit after an accident is governed by the statute of limitations, which varies by state. In California, for instance, the statute of limitations for personal injury claims is generally two years from the date of the accident. Depending on the types of damages and parties involved in your accident, the statute of limitations may be longer or shorter:

  • General personal injury lawsuits: 2 years
  • Lawsuits involving property damage: 3 years
  • Lawsuits involving government agencies: 6 months

It’s crucial to consult an attorney early to avoid missing this deadline.

What are the limits to full coverage insurance in California?

In California, full coverage insurance typically refers to a policy that includes more than the minimum liability coverage required by state law. Here’s an idea of what limits commonly look like for a full coverage insurance policy in California:

  • Liability Coverage: Minimum coverage entails 15/30/5 coverage, or $15,000 for bodily injury per accident / $30,000 for bodily injury per accident / $5,000 for property damage per accident, and this is the minimum amount of coverage required by law in California. All full coverage insurance plans include at least this amount of coverage and most of them include more.
  • Collision Coverage: The coverage aspect of the full coverage insurance policy is often chosen by the policyholder themselves and is based on the willingness to pay higher premiums.
  • Comprehensive Coverage: This is the part of the insurance policy that offers coverage for vehicle damage that is not caused by a collision, but by things such as theft, weather damage, or even vandalism. The limit of this coverage is usually based on the value of the vehicle being covered and the amount of the deductible.
  • Uninsured/Underinsured Motorist Coverage: This type of coverage is optional for most insurance policies, but is almost always included in a full coverage policy. The bare minimum for these coverages, when included in a policy, is around $15,000 per injured person in an accident or $30,000 in total across all injured persons involved in the accident. A typical full coverage policy will include UM/UIM coverage that matches the amounts provided by the liability coverage, so if the policy involves $100,000 in liability coverage, the UM/UIM will typically also be around $100,000.

What evidence is essential for proving liability in a car accident case?

Essential evidence in a car accident case includes police reports, witness statements, photos or videos of the accident scene, medical records, and expert testimony. This evidence helps establish the sequence of events leading to the accident and ascertain liability.

Can I sue for emotional distress after an accident?

Yes, you can sue for emotional distress as part of a personal injury claim if you can prove that the emotional distress resulted directly from the accident. This can include symptoms such as anxiety, depression, or post-traumatic stress disorder (PTSD).

How do accident attorneys help with medical treatments and expenses?

Accident attorneys not only assist in the legal process but can also help facilitate medical treatment by recommending medical professionals who understand the sort of injuries typically involved in accident cases. They can also help manage the submission of medical claims to ensure that the cost of medical care is adequately documented and claimed as part of the overall compensation.

Speak to an Experienced California and Nevada Accident Lawyer Today

Our attorneys have licenses to practice law in both California and Nevada. We also have offices located in major cities in California and Nevada to make sure that we are conveniently located near you in the event that you must speak to our attorneys. Besides having in person consultations, we also offer consultations on the phone or on video.

If you or a loved one have been hurt in an accident, speak to an accident injury attorney today to see what can be done. At Heidari Law, we offer free consultations where we can help you figure out if hiring a lawyer is right for your case. Schedule a consultation by giving us a call at 1-833-225-5454 or email us at to get in contact with a highly-qualified accident lawyer today.

Our consultations are completely confidential to make sure that you are comfortable, and you can ask our attorneys anything regarding your accident case. We are available 24/7 to assist you with your accident claim.