For anyone who’s been the victim of a car accident caused by someone else’s negligence, the opportunity to collect compensation for your injuries is critical. With the help of an Orange County personal injury lawyer, many victims have a chance to seek restitution that covers their costs. However, it’s important that these victims get everything that they deserve by following some tips for maximizing compensation in Orange County car accident claims.
Maximizing Compensation in Orange County Car Accident Claims
Car accident claims will only cover those costs that are associated with the accident. It’s important, though, that you get all those costs covered, as it is possible to receive less. For victims of car accidents who want to be sure that they are giving themselves their strongest opportunity at full, fair compensation, there are a few steps they will need to take.
Work With a Talented, Experienced Lawyer
More than anything else, you can give yourself a stronger chance of getting the full compensation that you’re seeking by working with a lawyer. It’s imperative that you avoid saying something that could be used to blame you for the accident, and a lawyer can help protect you from that mistake.
A lawyer also brings experience that can be beneficial to your situation. They’ve been through the process of negotiating these claims and understand what to expect. They also understand how to investigate the accident and prepare a winning argument, should it be necessary to take the claim to court.
Protect Against Comparative Negligence
One of the most important issues that could threaten your ability to receive your maximum compensation is the doctrine of comparative negligence, which is part of California personal injury claims. This doctrine gives the defendant the opportunity to argue that you were, at least partially, responsible for your own injuries. If they are successfully able to make that argument, the court will determine who bears what share of the responsibility and issue a percentage to each party that reflects their level of blame.
The plaintiff in these cases could then have their compensation reduced proportionately to their share of blame. For instance, someone with 25% of the blame on a $200,000 compensation award would end up collecting $150,000. In California, though, unlike other states, even if a plaintiff is 99% at fault, they are still able to collect 1% of damages. Maximizing your compensation will require avoiding any successful claim that you are in any way at fault for the accident.
Document Your Costs
One of the more underrated things that can be done to ensure that you receive your strongest compensation offer is keeping good track of the costs that you’re incurring. Your lawyer will need to prove your costs to get restitution for them. This is typically done through documentation that shows these costs and their relationship to the incident.
As you address issues caused by the accident, it’s critical that you keep a good record of those issues. That includes medical bills, doctor’s notes, paystubs, receipts or bills for vehicle repairs, and anything else demonstrating the expenses you’ve incurred. You may even want to consider keeping notes or a journal on how you’re processing the accident, as that could be useful in proving the psychological impacts of the incident.
FAQs
Q: When Does an Orange County Car Accident Claim Need to Be Filed By?
A: In most cases, an Orange County car accident claim will need to be filed within two years of the date of the accident. However, there are some exceptions to this that could extend the deadline, such as if there were injuries discovered later. Other exceptions could shorten the deadline, such as if the government is the party that the claim is being filed against. It’s important to speak with a car accident lawyer soon after your accident to understand the timeline for your claim.
Q: Is There a Limit to the Compensation That Can Be Awarded for a Car Accident?
A: There is no strict limit, or cap, to the compensation that is awarded in a car accident claim. However, it’s important to recognize that the claim will only cover the costs that have a clear, direct link to the injuries that were sustained in the accident. Additionally, your compensation could be negatively impacted by claims that you were at fault under California’s pure comparative negligence rules.
Q: Could Punitive Damages Increase the Compensation I Receive?
A: While you could see an increase in compensation through punitive damages being awarded, it’s not likely. Punitive damages are received for situations where the actions of the defendant are deemed to have been ill-intentioned or particularly egregious. However, this doesn’t describe most car accidents, which are typically the result of a mistake.
Q: Would I Receive More Compensation If I Go to Court Instead of Settling?
A: No one could know for certain if going to court would result in more compensation than settling a claim. There’s an element of inherent risk involved in the claim going to court, which means that you could potentially earn much less. However, there is also the possibility that the court could award more than a settlement agreement as well. Whether it makes sense to reject a settlement and go to court will depend on the specifics of each unique situation.
Easton & Easton Helps Maximize Our Clients’ Compensation
At Easton & Easton, we believe that the victims of car accidents deserve to get the compensation that they need. It’s critical that they be compensated for the medical bills, property damage, lost wages, and other expenses that they face after a car accident. The psychological impacts, such as pain and suffering or mental anguish, deserve to be compensated as well. We help seek this restitution for our clients.
We’ve been working with victims in personal injury claims of all sorts for over 30 years, and our teams have more than 100 years of combined experience. All of this experience is paired with a devotion to doing what it takes to pursue what our clients are owed, whether through negotiation or litigation. To understand your options after a car accident and how we may help, contact us today.
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