Monterey Car Accident Lawyer
Automobile accidents are among the leading causes of injuries and accidental deaths in California. According to data provided by the California Highway Patrol (CHP), there were 230,904 reported car accident injuries and 3,126 reported highway fatalities in the state in 2014 alone.
Injured car accidents victims need fair compensation to pay for their medical care, lost wages, and pain and suffering. Unfortunately, the large insurance companies often make it very difficult for victims to get the full money that they deserve. Car accident injury claims are routinely underpaid and unfairly denied by insurers.
At the Allen Law Firm, our top-rated lawyers have extensive experience handling car accident injury claims. We can hold defendants and insurance companies accountable. If you were hurt in a crash on the Central Coast of California, please contact our law firm today for assistance. We offer free case consultations.
Prove Liability for a Car Accident in California
Following your accident, be sure to:
- Seek professional medical help because this can provide as evidence and strengthen your case in the future.
- Record details of the wreck that you can recall.
Make sure you document your injuries right away so that it can be shown that they were caused by the accident.
The amount of treatment is also taken into consideration in every case. If you end up suing for medical injuries, you’ll need to prove the severity of those injuries, and by delaying medical treatment, you’ll risk being properly compensated.
An experienced and knowledgeable attorney will make sure that you follow every advice given by your medical professional.
We take into consideration that every car accident is unique and with its own circumstances. That’s why our experienced car accident attorneys at our law office make sure to set a time to listen to your story and figure out the details that we need.
Prove Negligence
California is a Fault-Based State
In order to hold another party legally liable for your car accident injuries, you must be able to prove that the other driver’s negligence caused your wreck. While multiple different parties, including auto manufacturers, can potentially be held liable for car crashes, most accidents are caused by the unsafe actions of drivers. Some common examples of driver negligence include:
- Running red lights;
- Speeding;
- Unsafe lane changes;
- Reckless driving;
- Distracted driving; and
- Drunk driving
Evidence Needed For A Successful Monterey Car Accident Claim
Filing a car accident claim against the at-fault driver can help you get the compensation needed to cover medical expenses, lost wages, and other costs. Our Monterey car accident lawyer has extensive experience helping clients in these cases and explains some of the evidence needed in filing a successful claim.
Gathering Evidence At The Scene of A Monterey Car Accident
According to the California Office of Traffic Safety (OTS), close to 3,000 car accidents in Monterey County happen each year. It is important for all drivers to be prepared. Actions or inactions on your part at the scene can have major impacts on your rights in a future claim. To protect yourself, make it a priority to gather the following evidence:
- Accident reports: Notify the police immediately and make sure they complete an accident report. It should include what happened, the drivers, and the officer’s observations.
- Contact information for everyone involved: Get contact, insurance, and vehicle registration information from the at-fault driver. Get names and phone numbers for any passengers and witnesses at the scene as well.
- Photos and videos: Use your cell phone to take photos and videos of the accident site, the damage to both vehicles, and your injuries.
- Records and receipts for medical care: Get medical treatment right away, regardless of the severity of your injuries. Tell your doctor how your injuries happened and all your symptoms. Gather records and receipts documenting your visit, your diagnosis, and any ongoing treatment requirements.
Evidence To Gather In The Aftermath of A Monterey Crash
Insurance can help cover property damages, medical care, and other costs associated with car accident injuries in Monterey. You may be contacted by an insurance representative in the immediate aftermath of a crash and offered a settlement. Before accepting the amount offered, contact our Monterey car accident lawyers first. Insurers often take advantage of victims and offer far less than what your case is actually worth.
Gathering additional evidence helps you get the maximum amount you are entitled to. If insurance fails to cover your total costs, we can file a car accident lawsuit through the Monterey County Civil Court. Additional evidence needed to support your claim includes:
- Physician statements detailing your prognosis, ongoing care, and any likely long-term impairments;
- Records of lost wages and a statement from your employer regarding how your injuries impact you on the job;
- Injury statements from you and your family members detailing how your injuries impact other areas of your life.
How much is a California Car Accident Claim Worth?
After a car accident and before you initiate the claims process–and certainly before you pursue a car accident lawsuit–you probably want to have an idea of what your car accident claim is worth. Here are some factors to consider in determining the value of your car accident claim.
Remember that no two claims are alike, which is why if you’re unsure about the value of your claim or what your next move should be, you should consult with a car accident lawyer who can review your case for free. With that in mind, some things that may affect the value of your car accident claim include:
Property damage
How severely damaged was your car? If repairing your car is worth more than the value of the car, it may be declared a total loss.
Medical expenses
One of the biggest costs in a car accident claim is that of medical expenses. It can be difficult to know the true value of your medical expenses before you have reached maximum medical improvement (MMI), especially if you are going to require future medical care.
Lost wages
Have you had to stop going to work due to your accident? Were you forced to accept work at a lower-paying position due to a disability? If so, you are entitled to recover compensation for the value of your lost wages. Keep in mind that when calculating the value of your claim, you can also seek future losses of both medical expenses and wages.
Pain and suffering damages
Of all the damages that you may be able to recover in a car accident claim, pain and suffering damages are the ones that will vary the most from one case to another. There is no set formula for determining the amount of damages for pain and suffering, and the amount can vary significantly depending on the nature of the defendant’s wrongful conduct and the nature of the harm suffered by our client. Not all cases are alike. Even if two car crashes that look very similar, can result in vastly different amounts of pain and suffering. For example, one rear-end car crash at a speed of 10 mph may cause one person to suffer from temporary soreness and stiffness, but the person thankfully escapes any long-term injury. Another nearly identical crash might cause another person to hit their knee on the dashboard and shatter their knee cap or to tear their ACL, injuries that cause much longer-lasting, perhaps even permanent, pain and suffering. The second case, involving the long-term or permanent injuries, obviously involves a higher amount of pain and suffering damages, even though the car accidents may have seemed similar at first look.
What To Do, And What Not To Do, After A Car Accident
In the chaos following an injury-causing car accident, it is likely that the last thing on your mind is how you can protect your rights under California law. Still, pursuing a claim for compensation should be a primary concern, as you will likely suffer tremendously from your injuries. You will incur medical costs and may be out of work, in addition to the agonizing pain. Therefore, after you seek proper medical treatment for your injuries, here’s what to do and not do after you are hurt in a car accident.
DO document everything about the car accident.
When you are physically able, it is important to write down the details surrounding the accident, including:
- The date and time;
- Where you were going;
- The weather conditions;
- The presence of traffic lights or signals;
- How you believe the accident happened; and,
- Any other information you recall, whether you think it would be relevant or not.
DON’T wait to file your auto collision claim with the insurance company.
The main reason to avoid delays in filing your claim with an insurer is California’s statute of limitations, which requires you to file a lawsuit within two years after the accident. A secondary consideration in taking quick action is to preserve evidence. Witness recollections and physical evidence at the scene of the accident may deteriorate over time.
DO understand how insurance companies work.
Insurers are businesses that rely on profits to succeed. They do not make money by paying out large sums to claimants, so adjusters will do all they can to justify offering a low-ball settlement amount. The insurance company may doubt the extent of your injuries, contest your version of who was at fault in the accident, or – worse – try to pin the blame on you.
DON’T go it alone and try to represent yourself.
When you know how insurance companies work, you can see that you are at a disadvantage if you try to pursue a car accident claim on your own. This is likely the first time you are seeking to recover compensation for your injuries, whereas these employees deal with claims every day. Though they are likely not attorneys, they do have a firm grasp of the law. Adjusters will not put your interests first when it comes to the amount you can recover after suffering injuries in an auto crash. You risk being under-compensated for all of your losses, which could include:
- The medical costs related to your treatment, including emergency care, surgery, prescriptions, physical therapy, and other expenses;
- Your lost wages, if you were unable to work as a result of the accident;
- Pain and suffering;
- Diminished quality of life;
- Losses based upon relationships with family, friends, and loved ones; and,
- Other amounts based upon your circumstances.
DO Consult with an Experienced Car Accident Lawyer in Santa Cruz
These tips on what to do and not do after an auto crash may be useful, but advice and counsel from a skilled car accident attorney can go further in protecting your rights. If you were hurt in a motor vehicle collision, please contact the Allen Law Firm in Santa Cruz, CA. We can set up a Free Consultation to review your case.
Should I Hire A Lawyer After A Car Accident In Monterey?
Unfortunately, you only have one chance to get the compensation you need to recover. Once you accept a settlement, you waive all future rights in filing a claim. To get the maximum amount you are entitled to, get our experienced Monterey car accident lawyer on your side.
Under the California Civil Code, everyone is responsible for actions or inactions that put others at risk. You may be entitled to compensation for car accident injuries in Monterey in the following cases:
- You are the passenger in a vehicle and the driver or other motorists were at fault;
- You are the driver and your car accident happened due to recklessness on the part of others involved;
- You are the driver but were partially to blame;
- You are injured in a single-vehicle crash due to automotive defects, which the manufacturer knew about or should have been aware of.
How Can Hiring A Monterey Car Accident Lawyer Help?
Even a minor car accident can be traumatic and may result in serious personal injuries. In the aftermath, you are likely to be in a state of shock, while worrying about the damage to your vehicle, the impacts on your health, and how the situation could affect you now and in the years to come. Unfortunately, this is the time when any insurers involved are likely to demand statements or try to get you to accept a settlement.
Our Monterey car accident lawyer acts as a strong legal advocate on your behalf. We investigate your crash, gather evidence, and negotiate with insurers on your behalf to get the maximum amount in a settlement. We can also advise you on whether you would be better off filing a car accident lawsuit through the Monterey County Civil Court. This may entitle you to additional compensation as if often the best course of action in the following situations:
- The other driver is uninsured or underinsured;
- The insurance company disputes coverage;
- The insurance company blames you for being partially at fault for the crash;
- There are multiple motorists involved.
We Seek to Maximize Your Financial Recovery
Our California car accident lawyers know that you need a full financial recovery.
In just a few seconds, an auto accident can cause you long-lasting physical, financial, and emotional injuries. Your life, or that of a loved one, can be changed for many years, perhaps even permanently.
While no lawyer can rewind the clock and immediately restore your health, our skilled Monterey car accident attorneys are committed to getting you full financial compensation for your losses.
We will help you maximize your recovery. Depending on the specific circumstances of your case, you may be able to recover money for:
- All medical costs, including hospital and doctors’ bills;
- The costs of medical devices and medical equipment;
- Lost wages and the loss of earning capacity;
- Pain and suffering;
- Emotional distress;
- Severe physical damage, including disfigurement;
- Changes in lifestyle; and
- Wrongful death damages.
What Separates the Allen Law Firm
Our legal team is committed to advocating for the best interests of our clients. We will fight aggressively to ensure that our clients are able to obtain the results that they want and that they deserve. With our Monterey car accident attorneys, injured victims are promised:
- A free, no obligation case evaluation;
- No upfront costs and no hourly fees;
- No payment unless we win your case;
- A skilled attorney with more than two decades of relevant experience; and
- Personalized attention.
Contact Our Monterey Car Accident Attorneys Today
At the Allen Law Firm, our highly skilled Monterey car accident lawyers have helped many victims recover maximum compensation for their injuries. With offices in Monterey and Santa Cruz, we handle car accident injuries claims throughout the Central Coast region of California. If you or a loved one was hurt in a motor vehicle collision, please contact us today to schedule a free legal consultation. We only get paid if we win your case.
