Many people are familiar with liability when it comes to car accidents. The person who causes an accident is financially responsible for the damage and bodily harm they cause. Behind the scenes, attorneys often work hard to ensure injured victims receive the compensation they do. You may be wondering, “What does a car accident lawyer do in California?”

Initial Consultation: Evaluating Your Case

Not every car accident provides grounds for legal action in court, and the severity of the accident is one of many factors that a car accident lawyer must consider before taking on a client. Minor fender benders are typically settled through insurance claims, not litigation.

If you were injured in a car accident, one of the first steps you can take is to set up a consultation with a personal injury lawyer who can learn about your case and you can ask questions. In order to win a case, a personal injury lawyer must show through a preponderance of evidence that the plaintiff was injured due to the negligence or misconduct of the defendant.

A car accident lawyer may inquire into the extent of your injuries and whether you could return to work immediately after the accident. After assessing the value of the damages you could potentially be awarded, the strength of your case, and other factors, your attorney will either take your case or decline your case. You can also accept or decline to work with an attorney.

If an attorney shows interest in taking your case, that could be a positive sign that you may be due a significant settlement. Attorneys generally do not take on cases that do not merit their time and resources.

Gathering Evidence and Investigating the Accident

The next step is generally called building your case. This involves gathering evidence and witness statements and testimony. The goal is to provide enough evidence to convince a judge or jury that your claim is correct. For example, your lawyer may look for evidence that the other driver was distracted while driving.

The vast majority of cases do not go to trial. Still, it is in your car accident lawyer’s interest to be prepared for that potential eventuality. Having strong evidence also better positions you during negotiations. If the defendant sees that you have enough evidence to win in court, they will likely want to settle the case outside of court.

Negotiating With Insurance Companies

Once your lawyer has gathered sufficient evidence, they can reach out to opposing counsel with a demand letter or a similar request for compensation on your behalf. Your lawyer may meet and speak with the other attorney to find common ground for a settlement agreement.

Negotiations require the skills of a seasoned lawyer who must balance finding common interests with the other attorney while defending your rights and advocating for your interests. By collecting evidence before entering negotiations, your lawyer can be better positioned to negotiate a favorable settlement on your behalf.

If the other party presents an offer that fairly compensates you for your injuries and your attorney supports accepting the offer, you can resolve the case by accepting the settlement. Once the funds have been transferred, the case will be considered closed.

Filing a Lawsuit and Legal Representation

In cases where the other party does not offer a fair settlement offer, your attorney can file a personal injury claim in court. This formal process involves the court system. Once the court files and accepts the claim, the at-fault party will be notified that they are party to a civil claim.

They are required to participate in the court process by responding to court filings and making good-faith efforts to resolve the case. If the defendant still refuses to make a fair settlement offer, the case can go to trial, where a jury or judge will ultimately decide who is at fault and what compensation is appropriate.

Maximizing Compensation for Damages

One of the main benefits of hiring a car accident lawyer is that your attorney can accurately calculate the full amount of compensation that you are owed. Understanding the full range of compensation that can be considered in a settlement isn’t necessarily straightforward.

You may be entitled to compensation for lost and future losses if you were seriously injured. If your injury left you disabled or partially disabled, there is a monetary value to your lost earning capacity. Once these factors are added, you’ll have an accurate idea of what you owe.

FAQs

What Is the Average Settlement for a Car Accident in California?

The average settlement for a car accident in California ranges considerably. Your attorney will consider the extent of your injuries, any missed time from work, potential loss of future earnings, and other factors when calculating a fair settlement. Your lawyer can provide you with a rough idea of what to expect once they understand the factors involved in your case.

How Much Do Car Accident Lawyers Charge in California?

Car accident attorneys generally work on a contingency fee basis, meaning they only get paid once their client receives compensation, whether it’s through a settlement or a verdict after trial. The main benefit of this arrangement is that the client is not burdened with having to pay upfront for legal representation. The attorney and client agree to the specific fee (a set percentage) early on in a case and disclose it through the attorney-client agreement.

How Long Does a Car Accident Settlement Take in California?

A car settlement in California can take anywhere from weeks to several months or much longer. One way you can reduce the time it takes to receive a settlement is by hiring an experienced car accident lawyer who understands the state’s personal injury laws.

Can I Negotiate Directly With the Insurance Company?

You can negotiate directly with the insurance company, but doing so could compromise your claim. Insurance companies sometimes put making profits above paying out fair settlements. The insurance carrier representative may try to trick you into saying something that weakens your case, or they may pressure you to accept a smaller claim than you are owed.

Schedule Your Car Accident Consultation Today

Car accident lawyers understand the state’s personal injury and car crash liability laws and how to use those laws to help you receive compensation. The team at Kenneth M. Sigelman & Associates can handle the negotiation process on your behalf to ensure you are paid every penny you are owed. To schedule your car crash consultation, contact our office today.