The California Car Accident Settlement Process in 9 Steps
If you were recently involved in a car accident in California, you might be anxious to settle your claim and recover compensation for your medical expenses, lost wages, and pain and suffering. You may have questions about the steps and timeline involved in the car accident settlement process in California. You may also be anxious about taking legal action to obtain the compensation you deserve.
At Allen Law Firm, we represent accident victims, never insurance companies. Our auto accident lawyers provide a free, no-obligation consultation where you can ask any questions you have about the car accident settlement timeline and the steps involved in the insurance claims process. Understanding the process ahead can help you anticipate the next steps and when you may be able to expect a settlement check.
While every car accident case is different, many involve the following steps:
Seek Medical Attention
It is crucial to seek medical attention immediately after an accident. If emergency medical technicians transported you to the emergency room after the accident, follow up with your treating doctor’s instructions. If you did not receive immediate medical attention but have noticed symptoms in the days following the accident, seek medical care now.
Seeking prompt medical attention can help ensure your car accident injuries are promptly diagnosed and treated. Your medical recovery is paramount to you being able to rebuild your life after an auto accident. Prompt medical attention also prevents the insurance company from denying you were injured or blaming your injuries on some other cause than the car crash.
Follow your doctor’s instructions, including any restrictions for work. Keep all of your medical records, including:
- Medical bills
- Diagnostic test results
- Doctor’s notes
- Hospital records
- Discharge instructions
Keep these documents safe until you provide them to your lawyer.
Contact a Car Accident Lawyer
You should engage the services of an experienced car accident attorney as soon as possible. A lawyer can advise you of your legal rights, investigate your case, and take steps to protect your rights throughout the claims process. You have a limited amount of time under California law to take legal action following a car accident, so it’s crucial you work with an experienced attorney who can demand the compensation you deserve.
Investigate the Accident and Establish Liability
California is an at-fault state for car accidents, meaning that at-fault parties are responsible for compensating accident victims for the losses they cause. Many auto accidents in California occur due to negligent acts, such as:
- Speeding
- Texting while driving
- Driving while impaired
- Running red lights
- Running stop signs
- Failing to yield the right-of-way
- Following too closely
- Making unsafe lane changes
An experienced car accident lawyer can investigate the accident to establish the other driver was at fault. They may take the following steps to do so:
- Collecting and analyzing accident reports
- Interviewing witnesses and reviewing witness statements
- Reviewing and analyzing photos or videos of the accident
- Requesting and reviewing medical records
Sometimes, accident attorneys hire private investigators to seek additional evidence, such as surveillance footage, or locate additional witnesses.
Prepare a Demand Letter
Your personal injury lawyer will also compile information about the losses you experienced because of the car accident. This information will be included in a demand letter your personal injury attorney sends to the insurance company for the at-fault driver. This demand letter states how the accident happened, why it is the insured’s fault, and how much compensation you are willing to accept to forego your right to sue the at-fault driver.
Car accident victims can recover compensation for economic damages and non-economic damages. Depending on the circumstances, this may include:
- Medical expenses – You can receive compensation for emergency treatment, hospital stays, surgeries, medication, medical devices, physical therapy, and rehabilitation. You can also seek compensation for future medical expenses.
- Lost wages – You may have lost income while you were seeking medical treatment or recovering from your injuries. You could receive compensation for the wages you have already lost, as well as future loss of income.
- Reduced earning capacity – Some car accidents cause severe injuries that have a lasting impact on the victim and their family. Catastrophic injuries may cause permanent disabilities and impairments that prevent you from ever working again or having to move into a less demanding and lower-paying job. You can seek compensation for the financial losses associated with your reduced earning capacity.
- Out-of-pocket expenses – You may incur various expenses throughout the lifeline of your legal claim, such as rideshare expenses, rental car costs, over-the-counter medications, and other expenses for which you can seek reimbursement.
- Property damage or replacement – You have the right to have your vehicle repaired after someone else’s negligence damages it. If the cost to repair the vehicle exceeds its value, you have the right to seek compensation for its replacement value.
- Disabilities and impairments – While minor car accidents may result in minor injuries, serious auto accidents can result in disabilities and impairments that hinder you. You can seek compensation that fairly compensates you for the lasting impact of the accident on your life.
- Pain and suffering – In addition to compensation for your economic losses, you can also recover compensation for your physical pain and suffering, mental anguish, and emotional distress.
- Disfigurement – If you suffered serious injuries that resulted in physical disfigurement or scarring, you can seek compensation for these effects.
- Loss of quality of life – You can seek compensation if you are unable to enjoy your favorite pastimes or experience lifestyle changes due to your accident injuries.
- Loss of companionship – You may be able to recover compensation for the adverse effects the accident has had on your relationship with loved ones.
The accident attorneys at Allen Law Firm can carefully review your case and prepare a demand letter that explains the full extent of your damages and other essential information critical to your personal injury claim. We demand maximum compensation for our clients.
Engage in Negotiations
The insurance company may respond to your lawyer’s demand letter by offering a lower amount of compensation. Insurance companies are for-profit companies. Insurance adjusters are paid to protect the companies’ financial interests by denying and underpaying claims.
Experienced lawyers can negotiate on behalf of their clients. They can use their knowledge of the law and the case to fight for a fair settlement. The time to settle differs in every case and depends on factors such as how clear the liability is, how long it takes you to reach maximum medical improvement, and the insurance company’s willingness to settle your claim.
File a Lawsuit
Most personal injury claims do not result in a lawsuit. 97% of personal injury cases settle out of court. You may benefit from the assistance of working with a car accident lawyer with a strong record of success and in-depth knowledge of the law. An experienced lawyer will try to resolve your case out of court to avoid the stress and length of a trial.
However, if the insurance company won’t agree to a fair settlement, your only recourse is to file a lawsuit against the at-fault party. California has a strict two-year statute of limitations. You must file your accident lawsuit within two years. If you miss this deadline, you can forfeit your right to recover compensation for your financial losses and other harmful effects of the accident.
An experienced accident attorney can prepare a legal complaint that outlines the facts regarding the car crash and your right to financial compensation. Your attorney can ensure the defendant is properly served. The defendant must respond to the personal injury lawsuit within 30 days to avoid a default judgment against them. Your lawyer can guide you through this process and explain the next steps.
Conduct Discovery
Discovery is the legal process for obtaining information and evidence to use in a case. Experienced car accident attorneys and defense lawyers may use various discovery tools to help them prepare for a case, including:
- Interrogatories, which are a set of questions the other side must answer
- Requests for production of documents, which ask for documents or other tangible evidence from the other side
- Requests for admission, which are written statements the other party must admit or deny
- Subpoenas, which ask a third party to provide evidence (such as bank records or cell phone records) or to testify at a deposition or trial
- Depositions, which are oral interviews, a party or witness answers under oath
- Medical examinations, which the defendant can use so that you are examined by a doctor of their choosing
Discovery can often extend several months. Your lawyer may also engage the services of economic experts during this time to strengthen your case. They may also review the curriculum vitae, credentials, and papers any defense witnesses have witnessed. They can depose expert witnesses during discovery to better prepare for trial.
Additionally, attorneys may prepare motions during the pre-trial phase, such as motions for summary judgment or compel evidence.
Participate in Mediation
Courts encourage parties to resolve their cases out of court to clear up the docket for genuinely contested situations that cannot be resolved. Parties and their attorneys may continue to engage in settlement negotiations before a trial. They may also attend settlement or status conferences.
In some cases, judges may order the parties to mediation, or the parties may voluntarily agree to participate in this alternative dispute resolution. During mediation, a neutral third party hears both sides of the case and tries to get the parties to agree to a mutually acceptable agreement.
Go to Trial
If the parties did not reach a settlement up to this point, the case proceeds to trial. The timeline for a car accident trial depends on various factors, including the number of witnesses who will testify and the complexity of the legal issues involved.
The attorneys select jurors from a jury pool after exhausting challenges during the voir dire process. The trial begins with an opening statement from your attorney, followed by one from the defendant’s attorney.
As the plaintiff in the case, you have the burden of establishing the legal elements of your case by the preponderance of the evidence, which means that the facts are more likely than not as you allege. Your attorney can present evidence and examine witnesses to meet this burden. The defense attorney cross-examines witnesses and challenges evidence.
Then, the defense lawyer puts on their defense. Your lawyer can cross-examine their witnesses, including the at-fault driver. The case concludes with closing arguments from both sides.
The judge provides the jury with instructions about how they must evaluate the evidence and the laws that govern the case. The jury deliberates and reaches a verdict.
How Much Does It Cost to Hire a Car Accident Lawyer?
Most personal injury lawyers work on a contingency fee. This means you are not responsible for paying any money upfront to retain qualified legal representation. Instead, you pay an agreed-upon percentage of any proceeds your lawyer secures in your case. If your lawyer cannot recover compensation for you through a settlement or trial award, you do not owe for their legal services.
How Long Will My Car Accident Case Take to Settle?
Every car accident case is different. Some may take a few months to resolve, while others can last for years. Various factors can affect the timeline of your case, including whether liability for the accident is in dispute, the severity of your injuries, and whether you have to file a lawsuit. An experienced car accident lawyer can review your case and explain the potential timeline based on your specific circumstances.
Contact an Experienced Car Accident Lawyer for Help with Your Case
As you can see, the car accident claim process can be complex. An experienced car accident attorney from Allen Law Firm can guide you through each phase with patience and compassion. You can have peace of mind knowing that you have a legal advocate in your corner, protecting your rights at every point. Our law firm has a long track record of successful results and has recovered tens of millions of dollars for our deserving clients. Get started on your financial recovery by contacting us today for a free case review.
