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Hiring a Car Accident Attorney in Fresno

You may have many questions when you are involved in a car wreck, we are here to help! We have compiled a list of the most frequently asked questions by car accident victims in the city of Fresno.

How Much Is the Average Car Accident Settlement in California?

Car accident settlement amounts vary greatly depending on the facts of your case.

Factors that affect your settlement amount include:

  • The severity of your injuries
  • How your injuries have affected your day-to-day life
  • The pain and suffering you have experienced
  • Whether death was involved (for wrongful death cases)
  • Whether you will make a full recovery

Generally speaking, you can receive thousands of dollars for broken bone injuries and up to millions of dollars for long-term injuries like dismemberment, disfigurement, and paralysis.

What Kind of Lawyer Do I Need for a Car Accident in Fresno?

You should hire a personal injury lawyer who specializes in car accidents for your car accident claim in Fresno.

A personal injury lawyer who specializes in car accidents and similar practice areas has experience in the statutes and laws that apply to your case. They will ensure you get the amount and verdicts you deserve.

Can You Sue Someone for a Car Accident in California?

Yes. If your personal injury claim does not settle out of court, you can file a lawsuit to seek damages. Note, however, that lawsuits are rare since most cases settle.

How Much Do Car Accident Lawyers Charge in California?

Most personal injury attorneys work on a contingency fee basis, which means they only get paid if your claim settles. As such, you don’t have to pay upfront fees when working with personal injury lawyers.

 

Car accidents can result in severe injuries, leaving you with pain and suffering. Depending on the extent of your injuries, you may also be unable to return to work. Fortunately, you may file a personal injury claim to seek compensation for the injuries and damages caused by the accident. LegalFinders can connect you with top-rated car accident lawyers in Fresno, CA.

Close up image of car crash accident

If a car accident has caused you or a loved one injuries and property damage, you should consider filing an insurance claim to cover these damages.

If your claim goes through, you will receive the money you need for medical bills and vehicle damage costs after a car accident in Fresno, California.

Unfortunately, insurance companies often attempt to offer much lower settlements than you deserve.

That’s where a skilled car accident attorney comes in. The right Fresno, CA car accident lawyer or law firm will walk you through the process of filing claims. They will also fight tooth and nail to secure fair compensation.

LegalFinders can match you with the best car accident law firms in Fresno.

 

Who Is at Fault for a Car Accident in Fresno, CA?

A motorist who is “at fault” for a driving accident is responsible for the accident. For instance, the drunk driver who failed to stop in time and crashed into your car is at fault for your accident.

However, fault is separate from liability. An at-fault driver is not always liable for paying damages to you. In contrast, a liable party is always liable for paying damages.

 

Is the At-fault Driver Always Liable in a California Car Accident?

No, the at-fault driver is not always liable in a California automobile accident.

For example, if a driver tries to hit their brakes but their brakes don’t work due to a manufacturing error, the driver would be at fault but not liable. In such a case, you could hold the car manufacturer liable for the auto accident.

Similarly, if the driver followed all traffic rules but an unfilled hole in the road caused them to swerve and hit your vehicle, the driver may be at fault but not liable.

In this case, the city may be held liable for the car accident, since the city is generally responsible for keeping roads safe.

An experienced personal injury lawyer serving Fresno, California, can analyze your car accident case and determine which parties should be held liable for your damages.

 

What Are Your Legal Options after a Car Crash in Fresno, CA?

After a car accident in Fresno, CA, you have the legal option to file a personal injury claim. These claims let car accident victims seek damages or forms of compensation after an accident that was caused by someone else’s negligence.

If the claim goes through, you will receive monetary compensation for costs related to the accident, such as lost wages and medical care costs.

If the claim doesn’t go through, you can file a personal injury lawsuit to seek compensation.

Although it is possible to file a personal injury claim on your own, we highly recommend hiring an experienced personal injury lawyer to help you.

Personal injury attorneys have ample experience in personal injury law and are connected to highly skilled legal teams.

LegalFinders can help you find first-rate legal representation in Fresno, CA.

 

What to Do after a Car Accident in Fresno, CA

A car accident can be a traumatic and confusing experience. Follow these steps to increase your chances of getting a fair personal injury settlement.

1. Gather Evidence

The first step is to gather evidence to support your claim. Your lawyer will tell you which evidence is important.

Collect the following evidence immediately after the accident:

  • The police report
  • Photos and videos of all vehicles involved in the accident
  • Photos and videos of all car accident injuries
  • Photos and videos of the accident scene and car wreck
  • Names, driver’s license numbers, license plate numbers, insurance policy numbers, and phone numbers of all drivers involved
  • Your own testimony about the crash
  • Eyewitness statements

After getting medical help, you should also gather your medical records, car repair estimates and receipts, and medical bills. Your attorney will use this evidence to fight for the compensation you deserve.

2. Contact a Fresno Car Accident Attorney

While you’re recovering from your accident, you should contact a personal injury lawyer as soon as possible.

There are several reasons to contact a Fresno car accident lawyer:

  • Your attorney can identify all damages that you can claim, not just obvious ones like lost wages and medical bills.
  • Your lawyer will walk you through every step of the claims process.
  • They will handle all communications on your behalf, like negotiating with insurance adjusters, the opposing side’s lawyers, and the court system.
  • Your lawyer will ensure you don’t do or say anything that could negatively affect your chances of receiving a fair payout, such as an admission of fault.

3. File a Car Accident Claim

The next step is to file a car accident claim by turning in the required evidence according to California’s statute of limitations.

According to the Judicial Branch of California, you have two years from the accident date to file a personal injury claim in California.

While it’s possible to file a car accident claim by yourself, the process can be challenging and confusing, especially if you’ve never done it before.

Without a deep understanding of the California court system, you can easily miss California’s statute of limitations and lose the ability to file a claim.

The right personal injury attorney can file your claim within California’s statute of limitations and in the right area of the court. This way, you can focus on recovering from your injuries.

4. Negotiate a Fair Settlement Offer

Once your Fresno personal injury lawyer files your claim, the opposing side’s lawyer will respond, and negotiations will begin.

Negotiations allow clients and their lawyers to suggest reasonable settlement amounts for the accident until they reach a favorable agreement.

5. File a Personal Injury Lawsuit If Necessary

Although most claims settle, some don’t. If you can’t reach an agreement with the opposing party, consider starting a personal injury lawsuit to maximize compensation.

Experienced Fresno car accident lawyers have the knowledge and skills to maximize compensation for your injuries and other damages.

What Damages Can You Claim for a Personal Injury Case in California?

You can recover a range of economic and non-economic damages for personal injuries related to the crash, including medical treatment costs, car replacement costs, and pain and suffering.

Common damages you may recover from a car accident claim include:

  • Medical bills and expenses: These include current and future medical expenses for your accident injuries.
  • Lost wages: You can also recover damages for lost wages or salary and benefits during recovery.
  • Lost earning capacity: You can recover future lost wages caused by long-term injuries like paralysis and quadriplegia.
  • Loss of consortium or pain and suffering: Loss of consortium damages are awarded if the car accident has deprived you of the benefits of a family relationship. Pain and suffering damages involve all emotional, physical, and mental pain and suffering that stems from the accident and the resulting injuries.
  • Wrongful death: You can recover wrongful death damages for losing the financial support and companionship of a spouse, child, or other family member.

 

What Injuries Can You List in Car Accident Cases?

You can cite any injury caused by the car or truck accident in your injury claim.

Severe injuries tend to attract higher settlements, but you can file a claim for any medical expense that results from auto accident injuries.

Examples of injuries listed in Fresno car accident claims include:

  • Bruises and sprains
  • Lacerations
  • Broken bones
  • Burns
  • Disfigurement and scarring
  • Head injuries, including skull fractures and traumatic brain injuries
  • Neck and chest injuries
  • Chest and back injuries
  • Internal organ injuries
  • Spinal cord injuries and paralysis
  • Death of a loved one

 

What Are the Top Causes of Car Accidents?

Car accidents in California may result from a wide range of causes, including:

  • Driver errors, such as speeding, texting while driving, drunk driving, and other forms of negligent driving
  • Bad weather or road conditions
  • Vehicle design or manufacturing error

Most car accidents are caused by driver errors or negligence.

In legal terms, this means a driver has the duty to others on the road to drive safely and breached that duty with negligent behavior such as speeding or tailgating.

 

What Factors Can Affect Your Personal Injury Claim in California?

A broad range of factors can affect your personal injury claim in California, including:

At-Fault Insurance Laws

California is an at-fault or fault state for car insurance. As such, people file claims for vehicle damage and bodily injury costs with the liable party’s insurance provider after a car accident.

In contrast, people in no-fault states must first file with their own insurance company for damages.

California Personal Injury Statute of Limitations

According to the Judicial Branch of California, you have two years from the date of the accident to file a personal injury claim in Fresno, California.

This seems like a lot of time, but time passes quickly, especially if you are recovering from a life-changing accident. Moreover, insurance companies may drag out the claims process to avoid paying settlements.

A tenacious California car accident lawyer will prevent this from happening.

California’s Pure Comparative Negligence Principle

According to section 1714 of the California Code of Civil Procedure, California follows a pure comparative negligence principle.

This means you can file a personal injury claim even if you were 99% at fault.

However, your payout will be reduced according to the percentage you are at fault. For example, if you are 30% at fault for the accident, your compensation will be reduced by 30%.

 

Motor Vehicle Accident Rates in Fresno, California

According to the California Office of Traffic Safety, Fresno County, where Fresno is located, had fewer accidents than most California counties in 2020.

Facts on motor vehicle crashes in Fresno, CA, include:

  • There were a total of 1,113 crash injuries and fatalities in 2020.
  • 156 of the crashes were speed-related.
  • There were 121 hit-and-run accidents.
  • There were a total of 123 nighttime (9:00 p.m. to 2:59 a.m.) crashes.
  • Alcohol was involved in 197 of these cases.
  • 53 of the crashes were motorcycle accidents.
  • Pedestrians were involved in 117 of the crashes.

 

Connect with the Best Car Accident Attorneys Serving Fresno, CA

If you are in Fresno or another city in California, we at LegalFinders can help you find legal assistance near you.

The personal injury attorneys in our network work for well-established law firms and have impressive track records. You can rest assured that they will help you get the justice you and your family deserve.

Learn more about your legal options by reaching out to us for a free consultation.

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Published: 1 February 2023

ARTICLE SOURCES

Stanford Law School — Li v. Yellow Cab Co., 532 P.2d 1226 (1975)

California Legislation Information, Civil Code — Section 1714

California Office of Traffic Safety — OTS Crash Rankings Results for Fresno county

Judicial Branch of California — Statute of Limitations

Los Angeles Times With deaths from car accidents soaring, what can government do?

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