For victims of a car accident, a claim can be critical to getting the compensation and restitution that they need. However, the process can still be a bit nerve-wracking, as so much is riding on the outcome of the process. However, knowing what you may be facing can help ease some of these nerves. There are some basics worth knowing for those wondering what to expect during a car accident lawsuit in Los Angeles, CA.
What to Expect Before the Claim
While it is important to know what happens during a car accident claim, it’s worth noting that when the victim of a car accident is seeking compensation, the situation usually won’t involve filing a claim in court. You will want to be aware, then, of what happens prior to the claim, as that will determine whether the claim will go to court.
Investigation
If you are working with a Los Angeles car accident lawyer to seek your compensation, they often want to investigate the accident. This allows them to identify who is liable for the accident and your injuries. It also allows them the opportunity to collect evidence that can be helpful in proving fault. They can also look for evidence that can be used to defend against any accusation that you were at fault for the accident.
Negotiation
Before filing a claim, there will probably be an attempt to negotiate a settlement. This option usually has benefits for both parties. One benefit is that of time, as a negotiated settlement could resolve the situation months or even years before the courts would be able to. A settlement also provides the benefit of avoiding the inherent risks involved in a trial, where you could receive a ruling that doesn’t align with your interests. With a settlement, you are guaranteed to receive whatever was agreed to.
Decide Whether to Accept a Settlement or Go to Trial
Your lawyer can attempt to negotiate a fair deal for you in any settlement, but you will have to decide whether to accept the agreement or go to trial. However, your lawyer may be able to advise you regarding how strong your case may be in a trial setting. There’s no guarantee, though, that a trial will produce a more favorable outcome.
What to Expect During the Claim
If the claim is going to go through litigation, then it will need to be filed before the statute of limitations has passed. For most car accidents, this means it will need to be filed within two years. However, there could be some variance in that timing, depending on the details of your situation. That’s why it’s important that you speak with a lawyer as soon as possible after your accident.
Once your lawyer files a claim, the timing will be largely determined by the courts. How quickly the courts hear the case is going to depend on how crowded and backed up they are, which can sometimes create a substantial wait. It is still possible, though, to negotiate a settlement during this time so that the process may continue even after the suit is filed.
Once the claim is finally heard by the courts, your lawyer needs to show that the defendant was at fault for the accident. They also need to prove the costs and their direct relationship to the accident. If the final ruling is in your favor, then you will be awarded whatever amount the court feels justly compensates you for what you suffered.
FAQs
Q: How Much Can You Receive in a Car Accident Claim?
A: How much you can receive for a car accident claim is going to be specific to your accident. According to the personal injury laws that these claims are filed under, victims are able to collect compensation for the costs that are associated with their injuries, including medical bills, property damage, and lost wages. They also are entitled to restitution for the psychological costs that were brought on by the incident. What these costs add up to, though, will be specific to the accident.
Q: Will I Be Awarded Punitive Damages?
A: It’s impossible to know for certain whether you will or won’t be awarded punitive damages, but it is generally rare in most Los Angeles personal injury claims and car accident claims in particular. Punitive damages are unlikely to be awarded unless there was something malicious about the defendant’s actions, and most car accidents are a product of standard errors or mistakes.
Q: Do I Need a Lawyer for a Los Angeles Car Accident Claim?
A: You do not necessarily have to have a lawyer represent you in a Los Angeles car accident claim, but it is generally a wise decision to do so. There is a lot of protection that a lawyer can offer, and they bring experience that can be beneficial for ensuring that your strongest case is presented. If you are seeking to maximize your compensation to get the restitution you need, a lawyer can make a critical difference.
Q: How Is Fault in a Car Accident Proven?
A: Fault in a car accident is usually proven through demonstrating that the defendant acted in a negligent manner. This means showing that they had a responsibility to take precautions to preserve the safety of those around them. It also needs to be demonstrated that they failed to take those precautions and that their failure to do so led directly to the accident.
We Can Help You Prepare for What to Expect During a Car Accident Claim
The surest way to know that you’ll have a good idea of what’s coming in a car accident claim is by working with a good lawyer. At Easton & Easton, we make sure that our clients understand the entire process of seeking restitution and where we are in that process. We believe that this kind of communication is essential to serving our clients’ needs.
Our team at Easton & Easton has over 100 years of combined experience in helping victims of all kinds of personal injuries, including car accidents. That means that there’s nothing that we aren’t prepared for in your claim. For help seeking restitution for the costs that you’ve incurred, contact our team today.
ES