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Are you entitled to compensation for your car accident

Car accident compensation eligibility

Whether you’re entitled to compensation following a motor vehicle collision can depend on many factors, including your level of fault. Working with a car accident lawyer can help determine liability and what damages you can pursue for all accident-related expenses.

What Factors Can Determine the Compensation I’m Entitled to?

The following factors can determine whether you’re eligible for compensation after an auto accident and what type of settlement you can anticipate.

Insurance Coverage

When pursuing compensation after a car accident, you’ll file a claim with the at-fault driver’s insurance carrier. However, the claims adjuster will conduct an investigation to determine who was at fault and what damages you may be entitled to and what you can expect in terms of a settlement.

Liability Determination

The other driver’s insurance provider will investigate the accident to determine liability. If you have hired a car accident lawyer, they will also conduct an accident investigation to identify the liable party. If the other driver was at fault, your attorney will gather evidence to build a strong case that will prove negligence.

Severity Of Injuries

The extent of your injuries can have a major impact on how much compensation you’re entitled to. Medical expenses, rehabilitation costs, and ongoing medical care can contribute to the damages you may claim.

Loss of Earning Capacity

If your earning capacity is permanently affected due to the severity of your injuries, this can factor into the damages.

Pre-Existing Conditions

If you have any pre-existing conditions it may impact the assessment of damages. Your attorney must establish a clear connection between the accident and any exacerbation of your pre-existing injuries.

What Types of Damages Can I Pursue After a Car Crash?

After an auto accident, you may be entitled to compensation for economic and non-economic damages, including:

Pain and Suffering

If you suffered injuries that caused you physical and emotional pain and suffering, your attorney can help you recover compensation. Because these damages are hard to quantify, your attorney must provide proof of pain and suffering, such as medical records, statements from your treating physicians, testimony from friends, family, and your employer, regarding how the accident has impacted your life, in addition to a journal you have used to document how the accident has affected your daily life and the level of pain you experience throughout the day.

Past and Future Medical Expenses

If you were injured, you may be entitled to costs related to medical treatment, rehabilitation, and ongoing care now and in the future.

Property Damage

You can pursue compensation for repairs or replacement of your vehicle and any personal property inside of the vehicle that was damaged due to the collision.

Lost Wages

You may be entitled to compensation for lost wages at work if you missed work due to the severity of your injuries sustained in the auto accident.

What Other Economic and Non-Economic Damages Can I Pursue?

Other damages you may be entitled to include:

  • Loss of consortium
  • Emotional distress
  • Loss of quality of life
  • Loss of earning capacity
  • Permanent disability
  • Scarring and disfigurement

And more.

Your car accident lawyer will assess your claim to determine the compensation you’re entitled to for your accident-related losses.

What is Comparative Negligence?

California operates under the comparative negligence system. Under this system, even if you were 99% at fault for the accident, you can still pursue compensation for your accident-related losses. However, your settlement or award will be reduced based on your percentage of fault.

Can I Use My Uninsured/Underinsured Motorist Coverage?

If the other driver did not have auto insurance, you can file a claim with your own insurance provider, if you have uninsured motorist coverage.

If you have filed a claim with the other driver’s insurance company but your damages exceed their coverage limits, you can file a claim through your insurance carrier for the remaining damages.

What if the Insurance Company Denies My Claim or Offers An Unfair Settlement?

If your car accident attorney negotiates with the other driver’s insurance company and they refuse to offer the settlement you deserve or they deny your claim, your lawyer can meet with you to discuss your legal options. If you’re in agreement, your attorney can file a lawsuit on your behalf and prepare your case for trial. During this time, they will continue to negotiate with the insurance company. The majority of the time, car accident claims are settled out of court. An insurance company does not want to waste time and money on a long and costly trial.

Can Hiring a Car Accident Attorney Increase My Chances of Recovering a Higher Settlement?

Yes. When you hire a car accident lawyer, they will have the skills, resources, and experience needed to prove liability and your demand for damages. They will investigate the accident and consult with experts to prove liability and accurately value your claim. They also have extensive experience negotiating with insurance companies and are familiar with the tricks and tactics an insurance company will attempt to use to deny a claim or minimize compensation.

While you are not required by law to hire an attorney, doing so can significantly increase your chances of recovering the compensation you deserve.

Contact Us Today

If you have been involved in a car accident, Lem Garcia Law can help you obtain the compensation you deserve. Our legal team can help you navigate the legal system and negotiate with insurance companies to ensure that you receive fair compensation for your medical bills, lost wages, vehicle damage, and other losses.

We offer free, no-obligation consultations to car accident victims, where you can discuss your case and learn about your legal rights and options. If you decide to hire Lem Garcia Law, our firm will handle all aspects of your case to allow you to focus on healing and moving on with your life. Contact us today to schedule your free consultation.