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With four El Niño-fueled storms currently bearing down on California we expect to see more accidents on the road. El Niño 2016 will have a profound affect on the climate as well as on driver’s safety while on the wet roads. While there are many steps you can take to avoid a rainy day car accident, not all accidents will be prevented.

Often time accidents can be minor and handled in small claims court.  However, what should you do if you are injured in a car accident?  Case Barnett Law can help you recover the compensation you deserve.

If you have been in an accident that was not your fault, you may be eligible for damages.

If you were injured in a car accident, you can ask the other drivers insurance to pay you a cash settlement. If that driver was not insured, you may request this settlement against your own under-insured motorist coverage on your own insurance, if you have this coverage.

Insurance companies may put pressure on you to rush the process after you have been in an accident.  They may make you feel that you do not have a case and that you will not be awarded any financial compensation for your accident.  There is no rush but you do need to be aware of your state’s Statute of Limitations.  The Statute of Limitations means that you must file a lawsuit or close or settle your case within your state time limits. The time clock starts on the day of the car accident. In California the statute of limitations is 2 years for injury and 3 years for property damage. To learn more about your State’s insurance rules and regulations visit California State Website for Insurance Questions.

After a car accident NEVER sign any documentation with the insurance companies in exchange for cash, until you have finished your medical treatment. By contacting an attorney at Case Barnett Law you will be protected through this process.

After you sign a release to close this case, no matter how serious your injuries in the future, you cannot go back for more treatment, or compensation, even if you made a mistake.

How To Make Sure You Receive Proper Compensation After A Car Accident

  • File a police report.
  • Seek medical attention quickly.
    • Visit the emergency room or your physician as soon as possible after an accident if you are injured.
  • Be aware of any pre-existing injuries that you are claiming became worse as a result of the accident.
    • Ask your physician to take new x-rays or ultrasounds of those injured areas. Comparisons in the pre-accident and post-accident scans can help show that the accident caused additional damage to the area. This will be crucial in court.
  • Avoid emotional statements that you make to other drivers or passengers after the accident.
    • Keep in mind that although your emotions might be intense following a car accident, you should avoid making promises or statements of blame.
  • Take witness testimonies.
  • Take photographs of the accident scene.
  • Gather up any records and documents that validate the number of days and wages you lost due to the accident.
  • Be aware of any personal injury limits written into your car insurance policy.
  • Take notes on anything you can remember about the accident as soon as you are physically able.
  • Document your injuries.
    • Take photographs and get medical attention to provide evidence of the seriousness of your injuries.
  • Contact witnesses.
    • If you collected witness contact information at the time of the accident, contact them as soon as possible to get their observations down on paper.
  • Return to the scene of the accident to search for and take pictures of evidence.
    • You may notice something, such as a dirty traffic sign, that led you to make a driving mistake and get into a car accident.

Damages In Car Accident Personal Injury Cases

Damages refer to the cost of your injuries. These can be a direct financial cost or an emotional and indirect cost.

  • Direct damages.
    • Cost of medical bills.
    • Lost wages.
    • Loss of earning capacity.
    • Property loss.
  • Indirect damages. 
    • Pain and suffering.
    • Emotional distress.
    • Inability to have children as a result of accident-related injuries.
    • Loss of an extremity.
    • Loss of consortium, if the accident caused a strain on your relationship.

If the defendant was especially careless when causing the accident, you may also receive punitive damages, which are meant to punish the defendant, and are imposed by the court.

If you have questions about damages or your personal injury case in general, speak to an attorney at Case Barnett Law.

 

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