Choosing a Car Crash Lawyer: Securing Compensation in California

Summary

When you've been in a car accident, it can be overwhelming to know where to turn. This guide will walk you through what to do after a car crash and how to choose a car accident lawyer in California.

Getting involved in an auto accident in California can easily drag you into an overwhelming web of insurance claims, medical bills, and physical and emotional trauma — all on top of trying to heal from car accident injuries.

In 2021 alone, there were over 4,000 traffic-related fatalities in California. Behind this statistic are car accident victims and their loved ones who are trying to navigate the complexities of personal injury law and compensation.

With California’s complex traffic laws and stringent insurance regulations, securing fair compensation often requires expert legal advice—not to mention legal representation when facing insurance companies and, if push comes to shove, filing for car accident lawsuits.

No matter the type of car accident you’re involved in, you’ll need an experienced personal injury attorney to help lighten the mental load. 

Frantz Law Group is a personal injury law firm with a proven track record of achieving maximum compensation. Our auto accident lawyers’ commitment to client advocacy and thorough understanding of California’s legal landscape ensure that your legal rights are fiercely protected.

Why You Need a Car Crash Lawyer in California

California operates under an “at-fault” system — the party responsible for the accident is liable for serious injuries and damages. Unlike “no-fault” states where each driver’s insurance covers their losses, California’s approach requires proving fault to claim financial compensation from the other party’s insurer.

This system can significantly complicate car accident claims, as it involves gathering evidence, negotiating with insurance companies, and potentially battling in court.

For this reason, many vehicular accident victims hire a specialized auto accident attorney for their personal injury cases, especially in California. Experienced car accident lawyers are well-versed in the state’s fault laws and can effectively navigate the complex landscape of car settlements.

Having a skilled negotiator on your side is crucial for several reasons:

• Understanding legal nuances: They possess in-depth knowledge of California’s laws and how they affect your claim.
• Maximizing compensation: Experienced lawyers can identify all possible areas of compensation, ensuring nothing is overlooked.
• Handling insurance tactics: Insurers use various tactics to reduce payouts. A skilled lawyer knows how to counter these tactics effectively.
• Reducing stress: Letting a professional handle the negotiations allows you to focus on your recovery rather than the legal complexities.
• Readiness for litigation: If negotiations fail, a seasoned lawyer is prepared to take your case to court, advocating vigorously for your rights.

What Can a Car Crash Lawyer Do for You?

An experienced car accident attorney can ensure you receive fair compensation and justice. On a day-to-day, here’s what they specifically do to ensure fair compensation for accident victims:

Initial Case Evaluation

The first step a car crash lawyer takes is to evaluate your case. This involves:

• Listening to your story: Understanding the details of the motor vehicle accident from your perspective.
• Assessing viability: Determining whether you have a valid claim based on initial evidence.
• Explaining legal options: Providing clear guidance on the best course of action.

Evidence Gathering

Building a strong case requires robust evidence, and a personal injury lawyer will:

• Collect police reports: Obtaining official records that detail the accident.
• Interview witnesses: Gathering testimonies from those who saw the incident.
• Secure medical records: Documenting your injuries and treatments.
• Consult experts: Working with accident reconstruction specialists, medical professionals, and other experts to strengthen your case.

Claim Handling

Navigating the claims process can be complex with all the administrative and legal activities to be done,, but a lawyer will:

• File legal documents: Ensuring all paperwork, including court filings and insurance claims, are correctly completed and submitted on time.
• Communicate with insurers: Acting as the intermediary with insurance companies to negotiate settlement offers and prevent them from lowballing dollar amounts.

Negotiations

A major part of a car crash lawyer’s role is negotiation, which includes:

• Calculating damages: Assessing economic (medical bills, lost wages) and non-economic (pain and suffering) damages to determine a fair settlement amount.
• Bargaining: Using their expertise to negotiate a settlement that fully compensates you for your losses.
• Mediation: Facilitating discussions between parties to reach an agreement without going to court.

Representing You in Court

If negotiations fail, a lawyer will:

• File a lawsuit: Initiate legal proceedings against the at-fault party.
• Prepare for trial: Building a compelling case through thorough preparation and evidence presentation.
• Advocate in court: Representing you before a judge and jury, arguing for maximum compensation based on the evidence and legal precedent.

Throughout this process, a car crash lawyer ensures you’re not navigating the legal maze alone. Their expertise and commitment are pivotal in securing the best possible outcome for your case.

Common Types of Car Crash Compensation in California

When you’re involved in a car accident in California, understanding the types of compensation you can claim is vital to ensuring you receive what’s fair and just. Here are the common types of damages that victims can pursue:

Medical Expenses

Often the most immediate and significant costs following a car accident, medical expenses can include:

• Emergency room visits: Costs incurred from initial treatment right after the accident.
• Hospital stays: Charges for extended medical care in a hospital.
• Surgery costs: Expenses for any necessary surgical procedures.
• Rehabilitation: Physical therapy and other rehabilitative services required for recovery.
• Medications: Costs for prescription drugs needed for treatment.

Lost Wages

Accidents can result in time away from work, leading to lost income:

• Immediate wage loss: Income lost during recovery or due to hospital stays.
• Future earning capacity: Compensation for any reduction in your ability to earn if your injuries lead to long-term disability.

Pain and Suffering

These are non-economic damages that compensate for the following:

• Physical pain: Chronic pain and discomfort resulting from the accident.
• Emotional distress: Mental anguish, anxiety, depression, and trauma experienced post-accident.
• Loss of enjoyment: Reduced quality of life or inability to engage in activities you once enjoyed.

Property Damage

Victims can also claim compensation for property damage, which includes:

• Vehicle repair/replacement: Costs to repair or replace your damaged vehicle or car wreck.
• Personal belongings: Compensation for items inside the car that were damaged or destroyed.

Catastrophic Injuries and Long-Term Care Needs

In catastrophic injuries, the compensation needs become more complex and substantial. Catastrophic injuries, such as traumatic brain injuries, spinal cord injuries, or severe burns, often require:

• Long-term medical care: Extended or lifetime medical treatments, including specialized care facilities.
• Home modifications: Costs for modifying your home to accommodate disabilities (e.g., wheelchair access).
• Assistive devices: Expenses for necessary equipment like wheelchairs, prosthetics, or communication devices.
• In-home care: Costs for hiring caregivers or nursing staff for daily assistance.
• Vocational training: Funds for retraining if you need to switch careers or find new employment due to injuries.

How Compensation is Calculated

Determining compensation amounts for car crash victims in California involves several factors and a detailed assessment of both economic and non-economic damages:

• Medical costs, including current and future medical expenses. Think of all immediate medical costs, such as emergency room visits, hospital stays, surgeries, medications, and rehabilitation. For injuries requiring ongoing treatment or long-term care, these future expenses are factored into the compensation.
• Impact on lifestyle, considering lost wages, loss of consortium (when an accident affects the victim’s relation with their spouse), and pain and suffering
• Property damage, such as vehicle repairs or replacements plus any personal belongings inside it
• Punitive damages, which means the at-fault driver’s conduct was particularly egregious (e.g., drunk driving). These are intended to punish the wrongdoer and deter similar behavior in the future. Punitive damages are typically considered separately from compensatory damages and can significantly increase the total compensation amount.

Methods Used to Negotiate Settlements

Negotiating car accident settlements typically work as follows:

1. Compiling evidence: A strong case is built with thorough evidence, including medical records, police reports, witness statements, and expert opinions.
2. Writing and sending a demand letter: Your lawyer will draft a demand letter outlining your injuries, the impact on your life, and a justified compensation amount.
3. Negotiating with insurance companies: Insurers often aim to minimize payouts. An experienced lawyer understands these strategies and counters them effectively. They have a deep understanding of insurance policies, negotiating towards an amount that comprehensively covers all damages.
4. Working on a settlement: Direct negotiations between your lawyer and the insurance company or the negligent driver’s legal team aim to reach a fair settlement without going to court.
5. Mediating: If initial negotiations don’t result in a satisfactory offer, mediation can be used as a neutral ground to facilitate further discussions and agreement.

Steps to Take After a Car Crash

Being involved in a car accident can be a traumatic experience, but taking immediate and correct actions can significantly impact the outcome of any subsequent legal claims. Here’s a step-by-step guide on what to do following a car accident:

1. Ensure safety first. If you can, relocate your vehicle to a safe area away from traffic and activate your hazard lights to warn other drivers. Check yourself and others for injuries. If anyone is injured, promptly call 911 for medical assistance.
2. Contact the police, even for minor accidents. An official police report is a critical piece of evidence for your claim. Provide accurate information about the accident, but avoid admitting fault or making speculative statements.
3. Document the scene. Use your phone to capture images of the accident scene, focusing on vehicle damage, road conditions, traffic signs, and any visible injuries. Gather names, contact details, and insurance information from all parties involved. Take note of the make, model, and license plate numbers of the vehicles. If there are witnesses, collect their contact information and ask for their account of the incident.
4. Seek medical attention as soon as possible, even if you feel fine. Some injuries may not be immediately apparent but can manifest later. Keep records of all medical treatments, follow-up visits, and any prescribed medications or therapies.
5. Notify your insurance company promptly about the accident. Provide them with the necessary details, but refrain from discussing fault or liability until you’ve spoken with a lawyer. Familiarize yourself with your insurance coverage and that of the at-fault party.
6. Preserve evidence. Save all documents related to the accident, including medical bills, repair estimates, and correspondence with insurance companies. Don’t rush to repair your vehicle before an insurance adjuster has inspected it, to ensure all damages are documented.
7. Contact a car crash lawyer. Reach out to a specialized car crash lawyer as soon as possible. They can guide you through the legal process, help gather evidence, and protect your rights.
8. Understand the statute of limitations. In California, the statute of limitations for personal injury claims is two years from the accident date. Quick action is essential to preserve your right to file a claim within this period.

Selecting the Right Car Crash Lawyer

When selecting a car crash lawyer, look for qualifications such as specialized experience in personal injury law and a proven track record of successful settlements or verdicts.

Consider their years of practice, past client testimonials, and their ability to handle car accident cases similar to yours.

Ensure they offer personalized attention and are willing to communicate regularly about your case.

Frantz Law Group exemplifies these qualities, providing a client-centered approach that prioritizes your needs and aims for the best possible outcomes. Our dedication to securing maximum compensation for car crash victims sets us apart as a trusted choice.

Our law firm boasts combined years of experience and specialties handling various practice areas, not just car accidents but also related ones on the road, like truck accidents, automobile accidents, and train accidents.

We operate on a contingency fee basis — you pay no fees unless we win.

Don’t wait for the legal help you need after a car accident. Contact Frantz Law Group today for a free case evaluation.

Partner with Frantz Law Group for Expert Representation

Partnering with Frantz Law Group ensures you have expert representation to navigate California’s complex fault laws, negotiate with insurance companies, and advocate for total compensation. A skilled car crash lawyer from Frantz Law Group will gather critical evidence, handle all legal procedures, and fight for your rights in and out of court.

With our personalized attention and commitment to achieving the best possible outcomes, you can focus on your recovery while they manage your case.

Contact Frantz Law Group today for a free consultation. Discuss your situation and learn how their expertise can help secure the compensation you deserve.