Brea Car Accident Attorney
Car accidents happen every day in the Brea, CA, area, and while most of these incidents are resolved with insurance claims and do not entail severe injuries, serious accidents can happen unexpectedly and cause devastating losses to those involved. When a serious car accident happens, a victim may be left wondering how the accident happened, who is responsible, and how they can recover from the damage they sustained.
Experienced Legal Representation for Victims of Car Accidents in Brea, CA
If you or a family member in Brea, CA are recovering from injuries and calculating economic losses suffered in a car accident someone else caused, it is crucial for you to speak with an experienced attorney as soon as possible about your legal options. Filing an insurance claim against an at-fault driver is usually the first step in recovering from any serious accident. However, many car accidents result in damages that eclipse available insurance coverage, and severely injured victims are likely to have many pressing legal questions in this situation.
The attorneys at Easton & Easton have years of experience handling a wide range of personal injury claims in Brea and have helped many clients recover from damaging accidents. We know the obstacles you are likely to face in your recovery efforts after another driver’s negligence or misconduct behind the wheel results in severe damage. Our goal in every car accident case we accept is to help our client navigate the insurance claim process as efficiently as possible. However, if this isn’t enough to fully cover their losses, we can make an effective personal injury claim on their behalf for the fullest recovery possible.
Determining Fault for a Car Accident in Brea
California uses the fault system to resolve car accident disputes. For example, if another driver hits your vehicle and injures you in Brea, you have the right to hold them accountable for all the damage. However, you must first prove they caused the accident in question. This may sound simple, but proving fault in a personal injury claim requires clear evidence of the defendant’s negligence or misconduct. Some of the most common causes of car accidents that lead to difficult insurance claims and personal injury actions in Brea include:
- Distracted driving. Each year in the United States, distracted driving tops the list of most common causes of accidents throughout the country. Any type of distraction behind the wheel is potentially very dangerous, and an experienced Brea car accident attorney can be invaluable for gathering evidence to prove liability when you have no idea how you can show the court the defendant wasn’t paying attention behind the wheel.
- Intoxicated driving, which is both illegal and extremely dangerous. Driving under the influence (DUI) typically leads to fines, jail time, and driver’s license suspension for most convicted drivers in California, but if a defendant causes injury to others while intoxicated, their penalties escalate significantly. They will also face a civil claim for damages caused to the victim.
- Speeding, which is one of the leading contributing causes of fatal accidents throughout the country. Speeding dramatically reduces the time and distance a driver has to slow down or stop to avoid a crash. Speeding is especially dangerous when motor vehicle drivers hit pedestrians, and accidents that happen at high speed significantly increase the likelihood of fatalities.
- Moving violations, which can startle other drivers and disrupt the flow of traffic significantly. Running a red light or performing an illegal turn can easily result in a devastating crash. Drivers could face criminal penalties depending on the severity of the moving violations they commit and the amount of resulting damage they cause to others.
- Intentional misconduct, such as reckless or aggressive driving. If an investigation reveals that a defendant was displaying a reckless disregard for the safety of others, or if they intended to harm the victim, the defendant faces severe criminal penalties in addition to liability for civil damages.
However your accident happened, liability may not be immediately clear to you, or your injuries may have been so severe that you do not have any recollection of the accident or who caused it. In any case, The attorneys at Easton & Easton take time to carefully examine the details of our client’s accident and review all accessible evidence. As a result, we know how to gather the documentation, witness testimony, or expert witness input you may need to prove fault for your recent accident and hold the responsible driver appropriately accountable for your damage.
Filing an Auto Insurance Claim in Brea
Every California driver must have auto insurance that includes basic bodily injury and property damage coverage. When a driver is responsible for causing a car accident, their insurance policy will cover any damage they caused to others up to the policy’s coverage limits. At a minimum, your auto insurance policy in California must provide the following:
- $15,000 or more in bodily injury liability coverage for a single victim in a single accident.
- $30,000 or more in total accident liability coverage for bodily injury to multiple persons in a single accident.
- $5,000 or more in property damage liability coverage, which goes toward paying the victim’s vehicle repair bills.
These coverage amounts might seem like enough to cover car accident damage, but the reality is that a severe accident can very quickly eclipse the total amount of the at-fault driver’s insurance coverage. Additionally, California has one of the highest rates of uninsured drivers in the country, so there is no guarantee that insurance will be available to you at all after your accident. Ultimately, every car accident victim faces a unique set of challenges and opportunities for recovery.
The attorneys at Easton & Easton accept every personal injury case with the goal of addressing the client’s unique needs and helping them secure the compensation they deserve as swiftly as possible. We can guide you through the insurance claim process if the at-fault driver has appropriate coverage, but if they do not, or their insurance can’t fully cover your losses, we’ll compile an effective personal injury claim on your behalf to ensure an acceptable recovery.
When to File a Civil Claim After a Car Accident
A successful insurance claim against an at-fault driver can potentially yield substantial compensation, but if you suffered catastrophic injuries and/or any level of permanent harm from the incident in question, you are unlikely to secure a full recovery with just an insurance claim. A Brea car accident attorney can be invaluable if you must file a personal injury claim to ensure an appropriate recovery from your accident.
The basis of a personal injury claim is an act of negligence or intentional misconduct resulting in actual harm. This “actual harm” can take the form of economic and non-economic damage, with the former being more straightforward. The economic damages you can claim through your personal injury action are the direct financial losses caused by the defendant’s actions. For example, depending on how your accident happened and the severity of its effects, your claimable economic losses may include the following:
- Medical expenses, both immediately following the accident as well as long-term treatment costs for serious injuries. Your Brea car accident attorney can help you gather whatever medical records and other documentation you may need to prove the full scope of medical expenses the defendant caused you to incur and those you will incur in the future due to their actions.
- Lost income, including lost future earning potential, when you have been left unable to return to work due to the severity of the injuries you suffered. This may sound difficult to calculate, but an experienced attorney can help you estimate the income you would have reasonably expected to earn in the future if you hadn’t been injured.
- Property damage, which generally includes the cost of repairing or replacing the victim’s vehicle, but if any other personal property was lost in the accident, the plaintiff might claim compensation for these losses as well.
When you have an experienced Brea car accident attorney handling your recovery efforts, you are far more likely to secure maximum compensation for the full scope of all your economic damages. However, this will not be the end of your recovery when you have the right attorney handling your case. State law also allows you to seek pain and suffering compensation.
“Pain and suffering” might sound subjective and difficult or impossible to quantify in monetary value, but there is no cap or limit on the amount a plaintiff can claim for a car accident in California. This compensation is meant to repay the victim’s physical pain, emotional distress, and psychological trauma resulting from a car accident. Your attorney can assist you in determining a suitable amount based on the breadth and severity of the long-term damage you face.
Ultimately, every car accident case is unique, and every plaintiff faces different challenges in their efforts to recover from these damaging events. Regardless of how a car accident happened or the scope of a victim’s damage, every injured driver benefits by having legal counsel they can trust when they are forced to take legal action to recover from these incidents.
Brea Auto Accident FAQs
Q: How Long Do I Have to File a Car Accident Claim in Brea?
A: Recovery from a car accident in California typically requires an insurance claim, followed by a personal injury claim if necessary for the plaintiff’s full recovery. The time limit for the insurance claim is very short, and the victim must notify the at-fault driver’s insurance carrier of their intent to file a claim within a few days of the accident. If they proceed with a personal injury claim, they will have two years to file their civil action.
Q: How Much Compensation Can I Secure for an Auto Accident?
A: You have the right to expect full compensation for any and all economic losses the defendant caused and a suitable amount of compensation for the pain and suffering you experienced. However, if you bear partial fault for the accident, you will lose a percentage of your final compensation. Conversely, the severity and/or illegal nature of the defendant’s actions could compel a judge to enhance your recovery through restitution or punitive damages.
Q: What Happens If a Car Accident Is Fatal?
A: Unfortunately, many fatal accidents occur in the Brea area each year, and the surviving loved ones of deceased victims are often left wondering how they can recover from these incidents. If a car accident is fatal, the family of the victim can file a wrongful death claim instead of the personal injury claim the victim could have filed if they had survived. While similar to a personal injury claim in some ways, a wrongful death suit entails very different legal issues and requires the attention of an experienced wrongful death attorney.
Q: Is It Worth Hiring a Brea Car Accident Attorney?
A: Don’t assume that hiring an attorney would cost more than the compensation you could obtain with their help. The attorneys at Easton & Easton offer legal counsel for personal injury cases on a contingency basis, so there is no risk to you if we cannot secure compensation for your losses. When we win your case, our contingency fee is just a percentage of your final compensation. It is always worth investing in reliable legal counsel if you want the best possible outcome for your recovery efforts.
Q: Will a Driver Go to Prison for Causing a Car Accident?
A: A driver who causes a car accident should not worry about facing jail time or serious criminal penalties unless they caused the accident through some illegal misconduct. If a driver intentionally causes an accident with the desire to do harm, they are likely to face felony prosecution for attempted murder and other charges. If a driver causes an accident because of DUI, they face enhanced penalties compared to what they would face for a standard DUI.
The attorneys at Easton & Easton have helped many Tustin clients recover from their car accidents, and we are often able to surpass our clients’ expectations by uncovering various forms of compensation they didn’t know they could claim. Our team can provide the guidance and support you need during a very difficult time and assist you in maximizing the outcome of your recovery efforts after an accident someone else caused. Contact us today and schedule a free consultation with a Brea car accident attorney you can trust.