In such cases, it is vital for those affected to explore their legal options as soon as possible. Strong legal representation from a California lawyer with experience in car accidents can not only help in holding the at-fault parties accountable, but also pave the way for obtaining the financial compensation necessary to recover from the trauma and rebuild your life.

Responsibility of Pursuing Legal Action and Proving Liability is on the Injured Victim

Injured victims in a car accident in California must act expeditiously to gather evidence, build a robust case, and meet the legal deadlines to file a personal injury lawsuit in order maximize their chances of obtaining the deserved compensation for their injuries and losses.

Burden of Proof in Car Accident Personal Injury Claims

• In California, the burden of proof is placed on the injured victim when pursuing personal injury claims arising from car accidents.
• The victim must establish that the injuries sustained were a direct result of the other party’s negligence or wrongful actions.

Importance of Building a Compelling Case

• Building a comprehensive and compelling case is vital for successfully navigating personal injury claims.
• Injured victims need to gather sufficient evidence to demonstrate the negligence of the at-fault party.

Strict Time Frame with Statute of Limitations

• California imposes a strict time frame, known as the statute of limitations, within which an injured party must file a lawsuit.
• The statute of limitations underscores the urgency for victims to take urgent legal action to avoid forfeiting the right to pursue a claim.

Risk of Forfeiture for Delayed Action

• Failing to file a lawsuit within the specified time frame may result in the forfeiture of the right to pursue a personal injury claim.
• Injured victims should be aware of and adhere to the statutory deadlines to preserve their legal options.

Maximizing Compensation and Getting Justice

• Taking timely legal action increases the likelihood of obtaining the deserved compensation for injuries and related damages.
• It also plays a key role in seeking justice and holding the at-fault parties accountable for their negligence.

The Statute of Limitations for Car Accident Claims in California

In California, there exists a legal framework that sets a time limit for filing personal injury claims arising from car accidents. This time limit is known as the statute of limitations.

The General Statute of Limitations

In California, the general statute of limitations for personal injury claims, including those stemming from car accidents, is two years. This time frame is outlined in California Code of Civil Procedure Section 335.1. Essentially, individuals have a two-year window from the date of the car accident to initiate legal proceedings and file a personal injury lawsuit against the responsible party.

Statute of Limitations Based on Negligence

The specific limitation period for personal injury claims based on negligence, which is often the foundation of car accident lawsuits, is governed by California Code of Civil Procedure Section 340(c). This section reinforces the two-year limitation and emphasizes the importance of timely action in cases where negligence is alleged.

Discovery Rule Exception

It is important to note the existence of the discovery rule, which may extend the statute of limitations under certain circumstances. The discovery rule comes into play when the injured party could not have reasonably discovered their injuries immediately after the accident. In such cases, the two-year clock may start ticking from the date the injuries were discovered or should have been discovered through reasonable diligence.

Minors and the Tolling of Statute of Limitations

For individuals who were minors at the time of the car accident, California allows for tolling, or pausing, of the statute of limitations until they reach the age of 18. This means that the two-year countdown begins when the individual turns 18 years old.

Importance of Timely Legal Action

The significance of adhering to the statute of limitations cannot be overstated. Failing to file a lawsuit within the prescribed time frame may result in the loss of the right to seek compensation for injuries and damages sustained in the car accident. This underscores the need to consult with a proven California car accident lawyer, and initiate the claims process in a timely manner.

Statute of Limitations in Car Accident Claims Against Government Entities in California

Car accidents involving government entities in California have an additional layer of complexity, which makes it more important to have a knowledgeable car crash attorney on your side.

Notice Period for Claims Against Government Entities

Unlike claims against private individuals or entities, pursuing a car accident claim against a government entity in California requires compliance with a notice period. California Government Code Section 911.2 mandates that a formal written notice of the claim must be submitted to the appropriate government agency within six months of the incident.

Tolling of the Statute of Limitations

The statutory deadlines for filing lawsuits against government entities in California are distinct from those applicable to private entities. The statute of limitations for car accident claims against government entities is generally six months, as per California Government Code Section 945.6. This period begins to run from the date the notice of the claim is either personally delivered or mailed, whichever occurs first.

Exceptions to the Six-Month Rule

Certain exceptions may toll or extend the statute of limitations. For instance, if the claim is rejected by the government entity, the claimant has an additional six months from the date of rejection to file a lawsuit.

Why Early Legal Representation Matters in California Personal Injury Cases

Early legal representation from an experienced and resourceful car accident attorney in California can make all the difference for these reasons: 

Statute of Limitations Gets Enforced

In personal injury cases, time is a critical factor as the clock begins ticking the moment you suffer injuries in an accident. Delays can significantly disadvantage you against defendants who are aware that the statute of limitations is working against you. On the other hand, when you get early legal representation, it provides you with a competitive edge in negotiations. Your car accident attorneys can swiftly gather evidence while it is still fresh and negotiate assertively, without the pressure to hastily accept a low settlement from the insurance company.

Securing and Preserving Evidence

Delaying the pursuit of your personal injury claim, even if you are within the statute of limitations, results in a substantial loss of negotiating leverage for car accident victims. Physical evidence may disappear or get distorted over time, witness memories can fade, medical records may go missing, and defendants gain ample time to refine their strategies aimed at denying or diminishing your claim. This may involve shifting blame, either wholly or partially, onto you for your injuries.

Building a Strong Case for Damages

A delay in initiating a car accident lawsuit introduces unpredictability into your case. This is because your legal team, including investigators, accident reconstruction experts, and other specialists, may not have sufficient time to construct a robust and persuasive case. Without ample time, the ability to create a powerful deterrent against defendants facing the prospect of a jury trial diminishes. This makes it more challenging to encourage them to agree to a fair settlement for medical bills, lost wages, and pain and suffering.

Early legal representation from a top-rated personal injury attorney is therefore critical for strengthening your negotiating position and building a compelling case that maximizes the chances of a fair resolution without a protracted and uncertain court battle.

Can a Court in California Allow the Filing of a Car Accident Claim After the Statute of Limitations has Expired?

In California, there are certain circumstances in which a car accident lawyer may present convincing reasons before the court to allow the filing of a personal injury lawsuit after the statute of limitations has expired. This could be done through the application of legal doctrines or principles that may toll or extend the statute of limitations under exceptional circumstances. Two such doctrines are equitable estoppel and the discovery rule.

Equitable Estoppel

• Equitable estoppel may be invoked when the defendant has taken actions to actively mislead or deceive the plaintiff, preventing them from timely filing a lawsuit.
• If a plaintiff can demonstrate that the defendant’s actions or representations led them to believe that a lawsuit was unnecessary or that they were actively working towards a resolution, the court may consider tolling the statute of limitations.

Discovery Rule

• The discovery rule applies when the injury or its cause was not immediately apparent, and the plaintiff had no reason to be aware of it.
• If a plaintiff can show that they only discovered the injury or its cause after the expiration of the statute of limitations and that they exercised reasonable diligence in discovering it, the court may apply the discovery rule to extend the time within which a lawsuit can be filed.

Notably, these exceptions are applied only on a case-by-case basis under personal injury law, and courts carefully evaluate the circumstances presented by the plaintiff. A California car accident attorney must provide compelling evidence and legal arguments to convince the court that an exception to the statute of limitations should be made.

However, relying on equitable estoppel or the discovery rule is not guaranteed, and success in such cases depends on the specific facts and circumstances surrounding the delay in filing the lawsuit.

How the California Car Accident Lawyer at Maki Law Firm will Help Protect Your Right to Maximum Compensation

The California car accident attorneys at Maki Law Firm are committed to safeguarding your rights and ensuring that you receive the maximum compensation for the damages you’ve suffered. Here’s how our legal team will support you through every step of the process:

Compassionate Listening and Support: Our attorneys understand the emotional and physical toll a car accident can take. We will listen to your account of the events with care and compassion, whether it’s at your hospital bedside, your home, or our office. Providing you with encouraging support, guidance, and confidence is a priority as we navigate the legal proceedings together.

Ensuring Proper Medical Treatment: We prioritize your well-being by making sure you receive the right medical treatment. Our team will assist you in obtaining the best possible care to protect your physical and mental health, ensuring a safe and expedited recovery from your injuries. Your health is paramount, and we work to secure the resources necessary for your comprehensive rehabilitation.

Swift Action and Evidence Collection: Time is of the essence in a car accident case. We move swiftly to organize medical documents, issue demand letters, and spoliation letters, while collecting all possible evidence to strengthen your case. This proactive approach helps establish a solid foundation for your claim, demonstrating the negligence of the at-fault party.

Assistance with Civil Claim Filing: Dealing with the California legal system can be complex, but our attorneys are here to help. We guide you through the process of filing a civil claim for damages, ensuring all legal formalities are completed accurately. Our goal is to streamline the legal aspects, allowing you to focus on your recovery.

Shielding You from Unfair Insurance Tactics: Insurance company adjusters often employ unfair tactics to minimize payouts. Our car accident attorney acts as a shield, protecting you from such tactics and engaging in professional negotiations on your behalf. Backed by a position of evidence-based strength, we advocate for a fair settlement that reflects the full extent of your medical expenses, loss of income, and pain and suffering.

Trial Preparations and Expert Engagement: Even while negotiations are ongoing, we will not hesitate to begin trial preparations. Our team may hire accident reconstructionists and other specialists for expert witness statements if necessary. This proactive approach demonstrates our resolve and creates powerful negotiating leverage. It sends a clear message that we are prepared to go to trial to secure the compensation you deserve.

At Maki Law Firm, we understand the challenges you face after a car crash. Our car accident lawyer team is dedicated to ensuring that your rights are protected and that you receive the maximum compensation for your injuries and losses. To schedule your free consultation with our lawyers, call us at 805-410-8248 or contact us online.

The post <strong>When is it Too Late to Get a Lawyer for a Car Accident?</strong> appeared first on Maki Law Firm.

What Are Soft Tissue Injuries?

Soft tissue injuries refer to damage or trauma affecting the body’s muscles, tendons, ligaments, and connective tissue. Common soft tissue injuries involve sprains, strains, contusions, bursitis, tendonitis, whiplash, and other stress injuries. In general, soft tissue sprains occur commonly in car accidents.

Soft tissue injury symptoms include pain, swelling, bruising, limited range of motion, and difficulty using the affected area. Treatment typically involves rest, ice, compression, and elevation (R.I.C.E.), along with anti-inflammatory medications. Severe soft tissue injuries may require medical intervention, such as physical therapy or surgery.

Several factors in car accidents contribute to the occurrence of soft tissue injuries:

• Sudden Stops or Collisions
• Blunt Force Trauma
• Seat Belt Injuries
• Airbag Deployment
• Twisting and Turning Movements
• Impact with Objects Inside the Vehicle
• Secondary Collisions
• T-Bone Collisions

Soft tissue injuries may not always be immediately apparent following a car accident. Symptoms, such as muscle spasms, might develop hours or even days after the incident. If you have been in a car accident and suspect soft tissue injuries, you should consult with a proven personal injury attorney at a top car accident law firm to ensure you can receive your rightful settlement for your personal injury claim.

Average Settlement Amount for Soft Tissue Injury in Car Accidents in California

While there is no specific soft tissue injury settlement amount in California, settlements for minor to moderate soft tissue injuries might range from a few thousand dollars to tens of thousands of dollars. For more severe injuries, especially those with long-term consequences and chronic pain, settlements can amount to hundreds of thousands of dollars or more.

Grade 2 Injuries

Grade 2 soft tissue injuries are considered moderate and may involve partial tearing or more significant damage to muscles, tendons, or ligaments. The average settlement for these injuries may range from $20,000 to $50,000 or more. The more severe the injury, the higher the potential settlement amount.

Grade 3 Injuries

Grade 3 soft tissue injuries are considered severe and often involve extensive damage. These injuries typically involve significant tearing or complete rupture of muscles, tendons, or ligaments. If the injury leads to substantial time off work or permanent disability, lost wages and pain and suffering will also play a role in determining the average car accident settlement, which could range anywhere from $50,000 to $250,000 or more. 

Ligament Injuries

The extent of the torn ligament and its impact on the individual’s life will be a significant factor. A severe, non-healing injury that results in permanent pain or mobility limitations may lead to higher settlements. Permanent pain, suffering, and limitations in mobility can lead to higher soft tissue injury settlements ranging from $100,000 to $500,000 or more to compensate for the long-term impact on your life.

Bursitis Injuries

In certain cases, an auto accident may cause bursitis. This is a severe soft tissue injury characterized by inflammation of the bursae, which are small, fluid-filled sacs located throughout the body, typically near joints. Compensation for pain and suffering damage is a vital component, and bursitis with permanent consequences may result in a higher settlement averaging $75,000 to $300,000 or more to address the ongoing discomfort and reduced quality of life. 

Personal injury lawyers can assess the specific details of your case, calculate potential damages, and work to obtain a fair settlement that adequately compensates you for your injuries and losses.

Key Components to Consider When Calculating Settlement Amounts for Soft Tissue Injuries

• Medical Expenses: This encompasses hospital visits, doctor consultations, diagnostic tests, physical therapy, prescription medications, and any other necessary medical procedures. The settlement should account for long-term care, physical therapy, rehabilitation, and any necessary medical equipment.
• Lost Wages: Your attorney will consider the wages lost during hospitalization, medical appointments, and rehabilitation. If the soft tissue injuries result in a permanent disability or impact your ability to work in the future, the settlement should account for the anticipated loss of earning capacity.
• Pain and Suffering: Soft tissue injuries can cause significant pain, discomfort, and emotional distress. Compensation for pain and suffering is an important component of the settlement amount and is often calculated based on the severity and duration of the pain.
• Emotional Distress: Soft tissue injuries can lead to emotional distress, anxiety, and psychological impacts. Compensation may be sought for these intangible losses.
• Out-of-Pocket Expenses: Your personal injury lawyer will include reimbursement for any out-of-pocket expenses incurred as a direct result of the accident and injuries. This may include transportation costs, home modifications, or other related expenses.
• Scarring or Disfigurement: If the car accident results in visible scarring or disfigurement, compensation may be sought for the impact on your appearance and self-esteem.
• Legal Fees and Costs: The settlement amount should also account for legal fees and costs incurred during the process of pursuing soft tissue injury claims.

Factors Affecting Average Settlements for Soft Tissue Injuries

Settlement amounts can vary widely based on several factors, including:

• Severity of the Injury: Mild to moderate soft tissue injuries may result in lower settlements, while more severe injuries with long-lasting effects may lead to higher compensation.
• Medical Expenses: The cost of medical treatment, including doctor visits, therapy, and medication, is a significant factor. 
• Lost Wages: If the injury causes car accident victims to miss work, the amount of lost wages can contribute to the overall settlement.
• Pain and Suffering: Compensation for pain and suffering is subjective and varies based on the impact of the injury on the victim’s life. 
• Insurance Policy Limits: The at-fault party’s insurance policy limits play a role. If the policy limit is low, it may limit the maximum settlement amount.

If you have sustained soft tissue damage, such as an ankle sprain, whiplash injuries, or other bodily injuries, you should speak with a dedicated personal injury law firm to obtain the maximum settlement.

Role of an Attorney in Proving Liability for a Strong Soft Tissue Injury Claim

Reviewing Medical Records

In soft tissue cases, personal injury attorneys carefully review medical records to establish a clear connection between the accident and the injuries sustained. This includes obtaining records of diagnostic tests, treatment plans, and healthcare provider statements.

Scene Investigation

Attorneys may work with accident reconstruction specialists to investigate the scene of the accident. Car accident investigations involve examining physical evidence, skid marks, vehicle damage, and other factors to reconstruct the events leading to the crash.

Collecting and Preserving Evidence

Attorneys understand the importance of collecting and preserving evidence. They ensure that vital evidence — such as photos of the accident scene, witness statements, and any relevant documents — is gathered promptly and preserved for use in negotiations or court.

Obtaining Police Reports

Attorneys obtain and review the official police report to understand the findings of the responding officers, statements made by the involved parties, and any citations issued. This report can be a valuable piece of evidence in establishing liability.

Interviewing Witnesses

Your lawyer may conduct interviews with witnesses to the accident, obtaining detailed statements about what they observed. Witness testimony can strengthen the soft tissue injury case by providing additional perspectives on the events leading to the collision.

Communicating with Insurance Companies

Attorneys handle communications with insurance companies, ensuring that all relevant information is provided while avoiding statements that may harm the client’s case. They negotiate with insurance adjusters to get fair compensation.

Establishing Negligence

Your lawyer will play a key role in establishing negligence by demonstrating that the at-fault party owed a duty of care, breached that duty, and directly caused the injuries. They can present a compelling case based on legal principles and precedent to obtain the maximum settlement.

Trial Preparation

If a settlement cannot be reached, attorneys prepare the case for litigation. This involves filing legal documents, engaging in discovery, and presenting evidence in court to establish liability and get compensation.

Common Tactics Used by Insurance Companies to Minimize Settlements

Quick Settlement Offers

Insurance companies may offer a quick settlement to resolve the case swiftly, often before the full extent of the injuries is known. Attorneys may advise clients against accepting early settlement offers and emphasize the importance of waiting until the full extent of injuries, treatment costs, and other damages are clear.

Using Recorded Statements Against Claimants

Insurance adjusters may request recorded statements from claimants, hoping to obtain information that can be used against them later on. Attorneys typically advise clients to avoid providing recorded statements without legal representation.

Delaying Claims Processing

Insurance companies may intentionally delay the claims process, hoping to pressure claimants into accepting lower settlements. Your lawyer can actively manage the timeline of the case, meeting deadlines and taking appropriate legal action if the insurance company engages in unjustified delays.

Using Comparative Negligence

Insurance companies may attempt to shift blame onto the claimant by alleging comparative negligence. Your attorney can present evidence and arguments to demonstrate the other party’s liability and refute claims of comparative negligence.

Claiming Policy Limits

Insurance adjusters may assert that the policy limits are insufficient to cover the claimed damages. Your lawyer can review the insurance policy, explore all available avenues for compensation, and, if necessary, consider pursuing additional sources of recovery.

How Top-Rated California Car Accident Attorneys Can Maximize Your Settlement

A proficient lawyer will gather compelling evidence, showcasing the strength of your case in proving liability. This strategic approach signals to the opposing party that you have a robust foundation for your claim. 

You can also benefit from your lawyer’s demonstrated history of obtaining substantial settlements and verdicts in car accident cases. This track record enhances your negotiating leverage, signaling to defendants that you are a formidable claimant with a legal representative known for achieving favorable outcomes.

An experienced car accident attorney’s demonstrated ability, ample resources, and preparedness for trial — even during ongoing negotiations — sends a clear message to defendants. It communicates that you are fully prepared to pursue justice through legal proceedings, if necessary. 

Building a strong case requires time, and hiring representation early on allows your attorney to collect evidence, consult with experts, and prepare a comprehensive legal strategy to maximize your car accident settlement.

Our Skilled and Resourceful Car Accident Lawyers are Ready to Fight for Your Rights

If you have been injured in an auto accident, the experienced car accident lawyers at Maki Law Firm can search for compelling evidence to hold the negligent parties liable and pursue the largest possible settlement for your losses. 

We understand the true cost of a car accident, from medical bills to lost wages and pain and suffering. Our goal is to maximize your compensation, addressing both current and future needs. To set up your free consultation, call us at 805-410-8248 or reach us online.

The post Average Settlement for Soft Tissue Injury Car Accident appeared first on Maki Law Firm.

While the desire for a swift resolution is understandable, it’s important to appreciate the complexity of the personal injury claim process. Your lawyer’s commitment to a comprehensive approach is aimed at obtaining the best possible outcome for you.

At Maki Law Firm, we believe in open communication to help manage expectations and ensure that clients receive the highest possible financial compensation for their injuries and losses.

Factors that Influence the Duration of a Personal Injury Case

The time it takes to settle a personal injury case in California can vary based on several factors. While some cases may be resolved quickly, others may take a more extended period based on evidence and the amount of compensation involved. 

Severity of Injuries

Cases involving serious injuries that require extensive medical treatment and ongoing care may take longer to settle. Experienced personal injury attorneys will ask you to wait until the full extent of the injuries is known and you have reached maximum medical improvement before negotiating a settlement.

The duration of treatment suggested by medical providers and the time it takes for the injured party to reach maximum medical improvement can significantly impact the timeline. Car accident cases usually take longer to settle because accident victims need to recover from all their injuries. This is why you should not delay in contacting car accident lawyers.

Investigation and Evidence Gathering

A thorough investigation is key to building a strong case. This process includes gathering evidence, such as surveillance camera footage, photos and videos from the accident site, police reports, medical records, eyewitness accounts, and expert opinions. The complexity of the investigation can affect the time it takes to build a compelling case and prove the liability of the defendants.

Negotiations with Insurance Companies

Negotiating a fair settlement with insurance companies can be time-consuming. The process often involves back-and-forth communication, evaluation of evidence, and consideration of medical records. Insurance adjusters may need time to assess the claim fully.

Legal Proceedings and Court Schedule

If the case progresses to trial, court schedules and availability can impact the timeline. Court backlogs and the unavailability of judges can cause a case to stall. How much compensation you receive after your accident will depend on your patience.

Opposing Party’s Cooperation

The willingness of the opposing party to cooperate and negotiate can influence the speed of resolution. If the other party is uncooperative or disputes liability for the plaintiff’s injuries, the case may take longer to settle.

Dispute Complexity

Cases with complex legal issues or multiple parties involved may require more time to resolve. Sorting through the various details and addressing shared liability between multiple defendants can extend the settlement process.

Decision-Making

The involvement and decisions of the injured party play a role in personal injury claims, including car accidents and truck accidents. Delays may occur if a plaintiff’s legal team takes time to consider settlement offers, respond to inquiries, or provide necessary information.

Legal Strategy

The chosen legal strategy can impact the timeline of your personal injury lawsuit. Personal injury lawyers may pursue negotiation as the fastest route to settlement, but sometimes it may be necessary to go to trial if a satisfactory settlement cannot be reached. This can prolong the process of financial recovery.

Statute of Limitations

The statute of limitations, which sets the time limit for filing a personal lawsuit, may influence the timing of settlement discussions. In California, the statute of limitations is two years. Your attorney will work within this legal timeframe to ensure compliance, making it important for you to retain their services as soon as possible.

Importance of Effective Communication and Documentation

Effective communication between lawyers and clients is the linchpin of a successful personal injury case. Communication extends to gathering statements from witnesses and collaborating with experts. 

Thorough documentation, including police reports and surveillance footage, aids in establishing liability. Detailed medical records, medical bills, and expert opinions serve as documented evidence to assess the extent of damages suffered by the client.

Personal injury victims need to understand that transparent communication and well-documented evidence support negotiations with insurance companies. Lawyers need to establish the damages suffered effectively and comprehensive documentation helps in strengthening their negotiating position. This can lead to more favorable settlement outcomes.

Negotiating the Best Settlement: A Delicate Process

Achieving the maximum personal injury settlement in the shortest possible time in California requires a strategic and efficient approach. Here’s how a personal injury lawyer can expedite the settlement process and work toward maximizing compensation:

• Prompt Investigation: Lawyers can initiate a thorough investigation into the accident, establishing a robust foundation for the case through swift evidence gathering.
• Effective Communication with Insurance Companies: Attorneys can strategically articulate damages and negotiate with insurance adjusters.
• Accurate Damages Assessment: Thoroughly assessing all damages, including the plaintiff’s injuries, medical expenses, and pain and suffering, strengthens negotiation positions for recovering fair compensation.
• Strategic Negotiation Tactics: Lawyers can employ strategic negotiation tactics, counteracting lowball offers and increasing the likelihood of achieving a favorable settlement.
• Preparation for Litigation: While aiming for a settlement, your attorney can proactively prepare the case for litigation and encourage serious negotiation.
• Efficient Document Management: They implement efficient document management systems to ensure easy access to information, expediting case handling through streamlined documentation.
• Utilizing Technology: Lawyers can leverage technology for electronic communication and document sharing, expediting information exchange and collaboration.

Negotiating with the Insurance Company

In many cases, insurers are known to continually delay settlement or settle quickly for more serious injuries. Many accident victims suffer because insurance companies delay paying money. They are unable to access top-quality healthcare providers to obtain medical care for their injuries. By having legal counsel involved early, you may be able to get a quick settlement offer.

Attorneys can present evidence establishing liability. This may include accident reports, eyewitness statements, and any other documentation supporting the other party’s fault. They can also encourage the insurance company to promptly acknowledge liability. This can eliminate unnecessary delays associated with protracted liability disputes.

Your lawyer can also assess damages and present a well-substantiated claim after careful consideration. They can provide documentation for medical expenses, property damage, lost wages, and other economic and non-economic damages. A clear and comprehensive damages assessment can help expedite negotiations.

What Percentage of Personal Injury Cases Go to Trial?

Studies show that only around 4% to 5% of personal injury cases go to trial. Over 95% of civil cases, including personal injury matters, are finalized through out-of-court settlements. These agreements can occur at any stage, from pre-filing to post-verdict. 

The decision to go to trial or settle often depends on various factors, including the strength of the evidence, the severity of injuries, the clarity of liability, and the preferences of both parties involved.

Trials can be time-consuming and costly, leading many parties to prefer settlements as a more efficient way to resolve injury claims. This is true for most car accident cases. Attorneys play an important role in settlements, advocating aggressively for their clients’ rights. Their experience contributes to assessing case values and working for favorable settlements.

When a Settlement Isn’t the Best Option: Potential Litigation

Settlements are the most common resolution in personal injury cases, but there are situations where potential litigation becomes the preferred option.

• Disputed Liability: If there is a significant dispute over who is at fault for the injury, the plaintiff may choose litigation and have a court determine liability.
• Inadequate Settlement Offers: If the defendant’s settlement offers are consistently inadequate and fail to cover the full extent of damages, pursuing a lawsuit may be necessary to get appropriate compensation.
• Policy Limits Concerns: In cases where the defendant’s insurance policy limits are insufficient to cover the damages, litigation offers additional avenues of compensation.
• Refusal to Admit Liability: When the defendant adamantly refuses to admit liability, it may be challenging to reach a fair settlement, making litigation a more viable option. You should obtain immediate legal representation to exercise your legal rights in these cases.
• Unreasonable Behavior of the Defendant: If the defendant engages in unreasonable or bad-faith behavior during settlement negotiations, you may choose to take the matter to court.
• Multiple Defendants: Cases with multiple defendants may sometimes be better suited for litigation, as coordinating settlements with various parties can be complex.

Navigating the California Legal System and Court Schedules

California has a tiered court system comprising trial courts, appellate courts, and the California Supreme Court. Personal injury cases typically start in trial courts. The scheduling of a trial depends on factors like the court’s docket, the complexity of the case, and the availability of parties and witnesses.

Courts may conduct case management conferences to discuss scheduling, set deadlines, and address any issues that could cause delays. These conferences aim to streamline the litigation process. California courts often encourage ADR methods like mediation or arbitration to resolve disputes without going to trial. 

These methods can offer more flexibility in scheduling. Unforeseen events, such as emergencies, judge unavailability, or unexpected legal issues, can also lead to delays.

However, remaining patient in the personal injury legal process is important for several reasons. Quick settlements may not accurately reflect the long-term consequences of injuries. The more time a personal injury attorney has to gather strong evidence and demonstrate the strength of the case, the better positioned you will be during settlement negotiations.

Choose the Leading Personal Injury Attorneys for Your Car Accident Case Settlement

At Maki Law Firm, we understand the impact a personal injury can have on your life. Our experienced legal team, led by top-rated attorney Kevin M. Maki, has recovered millions of dollars in damages for our clients, demonstrating our commitment to maximizing compensation and delivering justice. Schedule your free consultation with us today. Call 805-410-8248 or write to us online.

The post Why Is My Lawyer Taking So Long to Settle My Case? appeared first on Maki Law Firm.

If you or someone you love was injured in a car accident because of the negligent actions of another driver, the reliable and knowledgeable car accident lawyer at Maki Law Firm can prove liability and help you obtain the largest possible compensation within the statute of limitations.

Time Limits for Filing a Car Accident Lawsuit in California

The statute of limitations sets a maximum period during which legal proceedings can be initiated after a specific event has occurred. The purpose of statutes of limitations is to encourage timely resolution of legal disputes and to prevent the unfairness of allowing car accident claims to be brought long after the events in question have occurred.

Under California Code of Civil Procedure – Section 335.1, victims of personal injury get two years from the date of injury to file a claim. Car accident statute of limitations starts ticking from the date of the accident. It is vital to initiate legal action within the stipulated two-year period to preserve your right to a fair settlement.

At Maki Law Firm, our proven car accident attorneys will lend priority to your case and apply all necessary resources to build a strong personal injury claim. Our attorneys will explain the timeline and all other relevant details regarding your car accident lawsuit.

Factors that Can Create Exceptions to the Statute of Limitations in California

These are a few exceptions to the California statute of limitations for car accident lawsuits:

Discovery Rule

If injuries resulting from the car accident are not immediately apparent, California’s discovery rule may apply. This rule allows the statute of limitations to commence from the date the injury is discovered or should have been reasonably discovered. This is particularly relevant for injuries that may manifest over time.

Minors

For California car accident claims that involve a minor, the statute of limitations may be tolled (suspended) until the minor reaches the age of 18. Injured victims, if minor, may be able to file a car accident claim against the at fault party when they come of age even after the limitations expires. However, the time limits will continue to be two years from the date the plaintiff turns 18.

Mental Incapacity

Car accident cases involving mentally incapacitated individuals (at the time of the accident or during the statutory period) are handled differently. The statute of limitations may be tolled until an individual regains their mental capacity.

Defendant’s Absence from the State

If the defendant, the party that allegedly committed the wrongful act, is absent from the state of California during the statutory period, the time they are absent may not be counted toward the two-year limit.

Fraud or Concealment

If the negligent party fraudulently conceals information related to the car accident or their involvement, the statute of limitations may be tolled until the injured party discovers, or reasonably should have discovered the fraud. In other words, the statute of limitations applies when you reasonably discover fraud and injuries.

Insurance Policy Limitations

The specific terms of your insurance carrier may affect the timeframe for filing a claim. It is important that you get a reliable car accident attorney to review the terms and conditions of the relevant insurance policies to determine any limitations.

It is best to consult with an attorney as soon as possible so they can get started on gathering evidence against the negligent parties promptly following your accident. The car accident lawyers at Maki Law Firm can help you take immediate and necessary actions to protect your right to claim the compensation you need to move forward with your life.

Notice Period Requirements in Case of an Auto Accident with a Government Vehicle

In California, if you are involved in a car accident and intend to file a claim against a government entity, it is important to adhere to specific notice requirements as outlined in sections 911.2 and 910 et seq. of the California Government Code.

You typically have to provide notice to the government entity within six months of the date of the car accident. The notice must be in writing and should include essential details about the accident, such as the date, time, and location. It should also describe the circumstances of the accident and the injuries or damages sustained.

There are certain exceptions to the six-month notice period. For example, if a minor is involved in the accident, the notice period may be extended to one year from the date of the accident. Car accident lawsuits against government entities come with their own set of challenges. This is especially true if there is a high-ranking government employee involved.

You may want to consult with a law firm experienced in personal injury claims against government entities, such as the Maki Law Firm to gain more information on the applicable statute of limitations. Dedicated personal injury lawyers can guide you through the notice requirements, ensure compliance, and help you seek compensation from the liable parties for your injuries and losses.

Statute of Limitations in Case of Wrongful Death in a California Car Accident

The general statute of limitations for filing wrongful death claims in California is two years from the date of the decedent’s death. The two-year period typically starts from the date of their death. However, the discovery rule may apply in certain circumstances, allowing the statute of limitations to commence from the date the cause of death was discovered or should have been reasonably discovered.

If the wrongful death claim involves a minor, the statute of limitations may be tolled (suspended) until the minor reaches the age of 18. This means that the two-year period may begin when the individual turns 18. Your lawyer can guide you through the legal process, ensure timely filing of the lawsuit, and advocate for your rights in pursuing compensation for the loss.

What Happens if You Fail to File Your Injury Claim within the Prescribed Time Limit?

Missing the statute of limitations for filing a legal claim in California can have significant consequences, potentially resulting in the loss of the right to pursue the claim:

• Loss of Legal Rights: Once the statute of limitations has expired, you would probably be barred from filing an auto accident lawsuit in California.
• Inability to Recover Damages: Missing the statute of limitations means you may be unable to recover compensation for serious injuries and damages, including medical expenses, lost wages, pain and suffering, and other losses associated with the incident.
• Defense for the Liable Party: If you attempt to file a lawsuit after the time limit has passed, the defendant can ask the court to dismiss the case based on this ground. You would also have no negotiating leverage left to seek a settlement with the defendant’s insurance company.
• Diminished Evidence: When you delay in pursuing your claim, even if you may still be within the statute of limitations, the evidence related to the incident may deteriorate, disappear, or become harder to obtain. This can weaken the strength of bodily injury and property damage claims.

You should obtain timely legal representation to file an insurance claim and obtain the compensation you are entitled to for your serious injuries. It is important that you do this as soon as possible after the accident occurs so that your lawyer can build a strong case for damages before California’s statute of limitation runs out.

How an Attorney Can Assist with Your Car Accident Claim

When you enlist the services of an attorney, they become your advocate when dealing with the defendant’s insurance company. Your lawyers will guide you on what to say and, more importantly, what not to say to the insurance company. This prevents unintentional statements that could harm your case.

Insurance companies may attempt to offer low settlements to minimize their payouts. Attorneys are skilled negotiators who can assess the true value of your claim and push for a fair settlement that reflects the extent of your damages.

Car accident lawyers have the necessary resources to gather evidence while it is fresh and accessible. This includes accident reports, witness statements, photographs, and any other relevant documentation to establish liability. They will also work to ensure you receive appropriate medical treatment for your injuries. This not only promotes your recovery but also forms the foundation of your claim for damages.

Negotiating aggressively with insurance companies requires legal skills, experience and resources. Top lawyers understand the tactics employed by insurers and work to obtain a favorable settlement. Even while negotiations are ongoing, the lawyers at Maki Law Firm will spare no effort to prepare for trial. This demonstrates to the insurance company your resolve and readiness to go to court if necessary. This level of proactive effort often compels insurance providers to offer a more reasonable settlement.

Get Our Seasoned California Car Accident Attorneys on Your Side

With over $10,000,000 recovered for our clients, our track record at Maki Law Firm speaks to our dedication and success in obtaining favorable outcomes. Kevin M. Maki, our founding member, brings over two decades of experience, having worked for insurance companies before dedicating his career to representing accident victims. His insider knowledge gives us a unique advantage in advocating for your rights.If you have been involved in a car accident, suffered injuries, or lost a loved one due to someone else’s negligence, our client-focused car accident attorneys will do what it takes to get you the financial compensation you rightfully deserve. To schedule your free consultation, call 805-386-9624 or reach us online today.

The post What is the Statute of Limitations for Car Accidents in California? appeared first on Maki Law Firm.

Potential Damages Covered in Car Accident Settlements in California

Car accident settlements involve the compensation awarded to a victim for the damages they suffered due to the negligence or fault of another party. 

Economic Damages

Economic damages represent the tangible, monetary losses incurred by car accident victims. They are relatively easier to quantify and include:

• Medical Care Involved
• Property Damage
• Current and Future Lost Wages
• Other Financial Losses

Non-Economic Damages

Non-economic damages are more subjective and relate to the intangible losses that are not easily quantifiable in monetary terms. They can include:

• Pain and Suffering
• Loss of Consortium
• Loss of Enjoyment of Life
• Scarring or Disfigurement
• Loss of Reputation

Punitive Damages

In rare car accident cases, punitive damages may be awarded. These are intended to punish the at-fault party for gross negligence or intentional misconduct rather than compensate the victim for specific losses.

Determining Factors for California Car Accident Settlement

Liability Assessment

The first step in determining an average car accident settlement is establishing liability. California follows a comparative negligence system, where each party’s degree of fault is assessed. The car accident settlement amount may be affected by the percentage of fault assigned to each driver.

Extent of Injuries 

The severity of injuries sustained in the accident plays a vital role in settlement negotiations. Current and future medical bills are considered when calculating accident settlement in California. This may include hospital bills, rehabilitation costs, and ongoing medical treatment.

Lost Wages and Future Earnings

If you suffered injuries that resulted in missed work and income loss, your legal team will take these factors into account. Additionally, if your serious injuries impact your ability to work in the future, future earnings may be considered in the settlement negotiations.

Insurance Policies and Limits

California law requires drivers to carry liability insurance, and the policy limits will influence the maximum amount available for a settlement. In some cases, individuals may have underinsured or uninsured motorist coverage, which can also impact the settlement.

Pain and Suffering

Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, are subjective but are often considered in settlement negotiations. Assigning a monetary value to these intangible losses can be complex.

Statute of Limitations

Waiting too long to pursue a personal injury claim may jeopardize your ability to recover compensation. In general, plaintiffs have two years from the date of the accident or the date the injury was discovered to file a car accident claim. However, you should speak with a trusted attorney as soon as possible to prevent missing the deadline.

Average Settlement Amount for Car Accidents in California

The average settlement for car accident claims may range from $50,000 to $500,000 or more. It is essential to note that this is a broad average range and may not accurately reflect the specifics of individual cases. The knowledgeable car accident attorney at Maki Law Firm can assess the unique circumstances of your car accident case, evaluate the evidence available to prove liability, and pursue negotiations with the insurance company on your behalf for maximum settlement amount.

For Severe Injuries

Severe injuries can range from spinal cord injuries, traumatic brain injuries, amputations, to other life-altering conditions. While it is difficult to provide a specific average, some severe injury settlements can reach into the hundreds of thousands or even millions of dollars, especially if the injuries result in long-term disabilities, extensive medical treatments, and a reduced quality of life. Your personal injury attorney can assess the details of the injuries following the car crash, calculate both economic and non economic damages, and negotiate with the insurance company to pursue fair settlement.

For Minor Accidents

Settlement for minor car accidents can range from a few thousand dollars to tens of thousands, depending on factors such as the extent of injuries, medical expenses, and other economic losses. In case of minor injuries and soft tissue injuries, a victim’s legal damages and out of pocket expenses (such as tow truck fees) may also be considered. If you have been involved in a minor accident and are considering a personal injury case, consulting with an attorney can help you attain solid legal advice and gain access to a trustworthy car accident settlement calculator. 

For Fatal Accidents

While it is challenging to provide precise figures, settlements in fatal California car accidents can vary widely. The range may extend from hundreds of thousands of dollars to several million dollars.

Factors influencing the settlement amount in wrongful death resulting from car accidents may include:

•  Loss of Financial Support
•  Funeral and Burial Expenses
•  Emotional Distress and Mental Anguish
•  Loss of Consortium
•  Punitive Damages

To obtain an estimated wrongful death settlement amount specific to your situation, it is strongly recommended to consult with a qualified attorney. The dedicated wrongful death attorneys at Maki Law Firm can review the details of the case, assess the damages incurred by the surviving family members, and provide a more accurate estimation.

Role of Comparative Negligence in California Car Accident Settlements

California adheres to a pure comparative negligence system, in which each party’s degree of fault is assessed as a percentage. Even if you are partially responsible for the accident, you can still pursue an insurance claim, but the amount of compensation is reduced by your percentage of fault.

Consider a scenario where Driver A fails to signal while changing lanes, and Driver B, while exceeding the speed limit, collides with Driver A. If it is determined that Driver A is 30% at fault and Driver B is 70% at fault, any settlement or court-awarded compensation to Driver A would be reduced by 30%.

Factors That May Reduce Auto Accident Settlement Amounts

• Pre-existing Injuries: Insurance adjusters may consider pre-existing injuries or medical conditions when evaluating a settlement. Never share your medical records following a motor vehicle accident before consulting with seasoned personal injury lawyers.
• Delay in Seeking Medical Treatment: The other driver’s insurance company may argue that you did not receive prompt medical attention, which implies that the injuries were not severe or directly related to the accident.
• Lack of Clear Evidence: A lack of clear evidence, such as witness statements, photos, or police reports, can weaken the injured party’s case. Insurance adjusters may use this to justify offering a lower settlement amount.
• Failure to Mitigate Damages: If the injured party fails to follow prescribed medical treatments or take steps to minimize the impact of the injuries, the settlement amount may be reduced. Insurance companies may argue that the injured party did not do enough to mitigate their damages.

Why Your Chances of Maximum Settlement Increase When You Have a Top California Car Accident Lawyer Representing You?

Hiring a top California car accident lawyer can significantly enhance your chances of obtaining the maximum settlement for several key reasons:

Compelling Evidence Collection

A skilled lawyer will thoroughly investigate your case, collecting compelling evidence that establishes the other party’s liability. This may include obtaining accident reports, eyewitness testimonies, surveillance footage, expert opinions, and other relevant documentation. Strong evidence is critical in proving liability, and a seasoned attorney knows how to build a robust case that persuasively presents your side of the story.

Proven Track Record

A lawyer with a history of securing large settlements and favorable verdicts sends a powerful message to the defendants. Your attorney’s track record becomes a valuable negotiating tool, indicating that you are a formidable claimant. Defendants and their insurance companies are more likely to take your case seriously and may be more willing to engage in meaningful settlement discussions to avoid the risk of a substantial judgment against them.

Trial Preparedness

While negotiating with the opposing party, a top California car accident lawyer will also be actively preparing for the possibility of going to trial. Defendants are more likely to take your case seriously when they see that your lawyer is fully prepared to go to trial. This preparedness can make them hesitant to face a jury, especially considering your attorney’s track record and capabilities in the courtroom.

Choose a Leading California Car Accident Lawyer to Maximize Your Settlement

At Maki Law Firm, we recognize that a car accident can be a life-altering event, leaving you with physical, emotional, and financial burdens. Our seasoned car accident attorneys bring extensive knowledge of traffic laws, insurance processes, and effective litigation strategies to the table. Our primary goal is to maximize your compensation, addressing both current and future needs. To schedule your free consultation, call us at 805-386-9624 or fill out this online contact form.

The post What to Expect from a Car Settlement in California? appeared first on Maki Law Firm.