- November 12, 2022
- In auto Accidents
According to police-reported government data, just shy of two million people were either killed or non-fatally injured and required medical attention in auto accidents on U.S. roads. Each year, this statistic varies slightly, but the trend doesn’t shift much. Millions of people are hurt or killed on U.S. roads annually. Repeating this statistic doesn’t make it any easier to process.
As a result of this painful reality, it is essential to understand that if you’ve recently been injured due to a car crash, you’re not alone. There are others out there who are navigating similar circumstances and seeking justice as a result of the harm they’ve suffered. Weathering the aftermath of a traumatic accident can be unquestionably lonely and can feel very isolating. Please understand that you are not alone and don’t have to navigate your situation’s legal and financial stresses alone. Our firm can assist you with pursuing legal action in the aftermath of your wreck. We will do our utmost to maximize any compensation to which you are rightfully entitled.
What Caused The Accident, And Whose Fault Was It?
Before you either commit to filing legal action or make peace with a decision to forego action at this time, you’ll need to understand exactly what caused your accident and whether anyone is in a position to be held legally and financially liable for the harm you’ve suffered. Accurately determining the causation of a crash and the fault for that crash’s cause(s) will allow you to understand whether you have substantial grounds for filing a lawsuit.
Determining causation and fault is integral to strategic planning in the aftermath of a car wreck because personal injury lawsuits can only be successful if specific criteria are met. Specifically, almost all car accident lawsuit plaintiffs must prove that any defendant named in their case engaged in reckless, negligent, or intentionally dangerous conduct and directly contributed to the cause(s) of their harm as a result. Suppose in determining what caused your crash, no evidence of negligence, recklessness, or intentionally dangerous conduct emerges on the part of an individual, company, or other entity. In that case, you likely won’t be able to recover personal injury damages. Conversely, if such evidence is uncovered, you’ll probably have substantial grounds for filing a civil lawsuit.
When Victims Share Some Of The Blame
If you’re hesitating to explore your legal options because you are concerned that your conduct disqualifies you from being able to seek compensation from others, you are in luck. In a small number of states, injury victims are effectively prohibited from seeking compensation from other parties if they have contributed to the cause of their dangerous circumstances in any way whatsoever. In most states, victims may only seek compensation from other responsible parties if they are less than 50% to blame for what happened. Neither of these standards is honored in California.
In California, injury victims may seek compensation from others whose conduct meets the above criteria, regardless of whether and how much they are to blame for what happened to them. You might remain entitled to significant compensation even if you were partially at fault for what happened to you. The payment for which you are eligible will simply be reduced by the percentage of fault assigned to you. For example, say that your harm’s value is $1 million. If you are 40% to blame and the defendant in your case is 60% to blame, you can pursue $600,000 from the defendant even though you were 40% at fault for what occurred.
When Accidents Are Work-Related
If your auto accident was work-related, understand that you may be in a position to seek workers’ compensation benefits in addition to personal injury damages. You should be awarded benefits – as long as you’re eligible for coverage – provided that you engaged in the work-related activity at the time of your crash.
The fault is not generally an issue in workers’ compensation benefits cases because workers’ comp is not a fault-based system. The only significant exceptions to this fault-free approach involve injuries caused by workers who are drunk, high, starting altercations, or purposefully trying to get hurt at the time that they sustain harm. The workers’ comp system is far more concerned with whether an accident is genuinely work-related than with what caused the accident and whose fault it was that dangerous circumstances developed and ultimately resulted in harm.
Schedule A Free Case Evaluation With An Experienced California Personal Injury Lawyer Today
Because California embraces a car-centric culture, many different personal injury law firms in the Golden State offer accident services. When choosing a firm to represent your interests, make sure its team will treat you with the respect and consideration you deserve. Car accident cases are often turned over quickly to get more clients through the door. You’ll want to work with a firm that will work efficiently on your behalf but isn’t afraid to invest the time necessary to secure you what you’re owed. You deserve to work with a firm just like ours.
To learn more about our firm’s approach to representation, what you can expect from the legal aftermath of a car wreck, and your rights and options under the law, schedule a free consultation with our team today. We offer injury victims personalized legal guidance in a pressure-free environment. We will never “sell” you on our services; we only provide professional support and compassionate advice if you opt to pursue legal action. Connect with the reputable legal team at The Law Offices of Samer Habbas & Associates, PC, by calling (888) 848-5084 or contacting us online and benefitting from our decades of combined experience today. We look forward to speaking with you.
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