Helping Car Accident & Injury Victims In California
YOUR CALIFORNIA INJURY LAW FIRM
When you’ve been injured by someone else, hiring an injury attorney is usually your best course of action. We work on a contingency fee basis, meaning we don’t charge anything until we win, so you don’t have to worry about how much it will cost.
We also offer free initial case evaluations to determine if you even need a lawyer for your case. In your free consultation, The Sargent Firm Injury Lawyers will review your file and determine what your legal options are. We will examine the police report, property damage, medical records, and lost earnings and discuss with you what your best course of action is.
If you are wondering if you need an attorney, the best thing to do is reach out and ask because it will cost you nothing to review your case.
Auto Accidents
If you were injured in an auto accident, it is important to speak to a California lawyer immediately to protect your rights.
As auto accident lawyers, we know the dangers of driving in California. After an auto accident or truck accident, people don’t know what to do. That is where we come in to help.
The insurance company is not on your side and will not take care of you. The process is complicated and full of pitfalls. When you contact our firm, we will educate you on the process and give you all your options.
WHAT DO CALIFORNIA’S LIABILITY LAWS SAY ABOUT RECEIVING COMPENSATION?
When they receive their license, California drivers agree to exercise reasonable care anytime they get behind the wheel. This means avoiding violations of the California Vehicle Code and not putting others at risk. As a part of this agreement, drivers may be legally and financially responsible if they fail to exercise reasonable care and cause an auto accident.
California is a “fault state” when it comes to car accident liability. This means that the party responsible for causing the accident is responsible for paying financial damages. In most cases, the liable party for an accident is another driver. According to the National Highway Traffic Safety Administration (NHTSA), human error causes almost 95 percent of crashes. Vehicle-related failures or other factors drivers cannot prevent cause only about two percent of crashes.
So, after an accident, victims typically have a few options to recover compensation, which we encourage them to discuss with our injury lawyers after the California police department has written a report. An automobile accident lawyer can help with:
- Making a claim through the liable driver’s insurance policy
- Filing a personal injury claim in court against the liable driver
- Filing a claim under your insurance policy, depending on your coverage
HOW DO I FILE A CAR ACCIDENT LAWSUIT IN CALIFORNIA?
Here is a basic overview of the steps involved in filing a personal injury lawsuit in California:
- Consult an attorney. Retain an experienced California personal injury attorney to handle your case. They will advise if you have sufficient grounds to proceed.
- Send a demand letter. Your attorney sends a demand letter to the at-fault party requesting compensation for damages suffered.
- File a complaint. If the demand is rejected or ignored, your lawyer will draft and file a civil complaint with the court outlining your allegations.
- Serve the defendant. The defendant must be properly served with a summons and the complaint per California law.
- The discovery phase. Both sides exchange information through tools like interrogatories, depositions, and document requests.
- Negotiate a settlement. Your lawyer will continue pursuing potential settlement options with the defendant’s insurance company as the case proceeds.
- Go to trial. If no settlement is reached, the case will go before a judge and/or jury, who will decide if the defendant is liable for damages based on hearing arguments and reviewing evidence.
- Court judgment. If successful, the judge or jury will award compensation through a court judgment in your favor.
While the basic process is straightforward, formal personal injury litigation can be complex. Hiring an experienced California personal injury attorney to handle your case is critical.
If you’ve been injured or a loved one has been killed through an act of negligence, you need the highest level of legal representation.
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HOW DOES LIABILITY WORK IN CALIFORNIA?
California is a fault state, meaning that the at-fault party is responsible for paying for damages caused by a crash. Often, the driver’s auto liability insurance policy covers the damages.
Under California law, there are several ways that victims can recover compensation from the liable parties after a motorcycle accident. Victims can:
- Seek compensation from the liable party’s insurance company
- File suit against the liable party
- File an insurance claim under their own policy (depending on their coverage)
It is important to note that in some cases, more than one person shares the responsibility for causing a collision. When this occurs, the compensation received from each of the liable parties correlates to the amount of fault assigned to them by the court. This is called comparative fault or comparative negligence. If you are partially at fault, your compensation will be reduced accordingly.
Once you file a personal injury suit, you will be required to prove that the accident was the fault of the other driver or drivers, and you were not at fault. Proving your actions did not contribute to the crash is critical in getting the maximum compensation. Depending on the facts of your accident, this may require an extensive investigation and aggressive advocacy from a California personal injury attorney.
Motorcycle Accidents
Motorcycle accidents are common because many drivers don’t see riders or respect your right to the road. When motorcycle accidents happen, they are often the result of driver negligence, and they often lead to catastrophic injuries or fatalities.
We will look at the facts of your motorcycle accident case and see if we can help – even if the police report says you were at fault. We want to get you back on the road as quickly as possible with the compensation you need to heal and move forward.
HOW MUCH IS MY CALIFORNIA PERSONAL INJURY CASE WORTH?
If someone hurt you due to negligence, you may recover money for injuries, medical costs, lost pay, pain and suffering, and more. Insurers will try to pay as little as possible, so having a lawyer helps you identify your total damages and fight for fair compensation.
Plaintiffs with accident lawyers typically get three times more money than going it alone. Insurers know paying less is easier if you don’t have legal counsel. Our attorneys thoroughly analyze each case’s details to determine its true value. Each case differs – that’s why individual assessment is critical to getting what you deserve.
If you want to understand your damages and recovery options, contact us. We’ll discuss your specific situation, injuries, and potential compensation at no cost. Knowing your full legal rights in California may take an understanding of a legal professional, but we make it easy to understand your options.
WHAT TYPE OF DAMAGES CAN I RECOVER AFTER A MOTORCYCLE ACCIDENT?
If another driver was at fault in the accident that caused your injuries, you may be entitled to receive compensation for several damages, including:
- Medical bills
- Rehabilitation costs
- Damage to your motorcycle and other property
- Lost wages
- Pain and suffering
- Funeral and burial expenses
- Loss of consortium
Our personal injury attorneys in California can identify all possible damages in your case and ensure you have the proof necessary to present them to the insurance company and in court.
So, after an accident, victims typically have a few options to recover compensation, which we encourage them to discuss with our automobile accident lawyers after the California police department has written up a report. An automobile accident lawyer can help with:
- Making a claim through the liable driver’s insurance policy
- Filing a personal injury claim in court against the liable driver
- Filing a claim under your insurance policy, depending on your coverage
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HOW CAN MOTORCYCLE ACCIDENT LAWYERS AT SARGENT LAW FIRM HELP?
Injury attorney Ryan Sargent understands the laws regarding motorcycle accidents and takes pride in fighting for injured motorcycle riders. If you or a loved one suffered serious or fatal injuries in a motorcycle accident, contact us for a free case consultation.
We are dedicated to helping motorcycle accident victims in Southern California obtain the monetary compensation they deserve. Contact us now to schedule a free consultation.
Personal Injury
If you or a family member has suffered any serious injury due to someone’s negligence or recklessness, you may be entitled by law to receive money for your losses.
Not all personal injury cases fall into a specific category; however, our attorneys have experience with a wide variety of cases, including:
- Auto accidents
- Motorcycle accidents
- Trucking accidents
- Nursing home abuse
- Wrongful death
- Slip and fall injuries
- Dog bites
- Workers’ compensation
- Catastrophic injuries
- Premises liability
- Rideshare accidents
- Pedestrian accidents
- Bicycle accidents
- Workplace injuries
Therefore, if you think you might have any type of injury case, contact our law firm. We can schedule a free consultation to let you know your options.
DO I NEED TO HIRE A PERSONAL INJURY LAWYER?
You are not legally required to hire an attorney, but people who hire a California injury lawyer get 3.5 times more money for their accident claims, according to a study by the Insurance Research Council (IRC).
Insurance companies make money by holding on to as much of their profits as possible. Their job isn’t to protect your best interests; it’s to protect their own. When you have a California personal injury lawyer standing by your side, you will have the benefit of our experience when you are negotiating with the insurance company.
If you’ve been injured or a loved one has been killed through an act of negligence, you need the highest level of legal representation.
Schedule a Free Consultation
HOW LONG DOES IT TAKE TO SETTLE A PERSONAL INJURY CASE IN CALIFORNIA?
There is no fixed time frame for settling a personal injury case in California. The process depends on many factors, including:
- The severity of your injuries. More serious injuries often take longer to assess the damages and loss. Minor soft tissue injuries may resolve faster.
- The need for litigation. Cases settling pre-trial generally resolve faster than those going to trial, which can add years.
- Disputes over liability. Clear liability means quicker resolution versus protracted disputes over who’s at fault.
- Insurance delays. Reluctance by insurance carriers to engage in negotiations delays the process.
- The extent of your medical treatment. Cases involving ongoing treatments and procedures tend to take longer.
- Willingness to settle. Mutual willingness to compromise helps cases settle more promptly.
- The court’s caseload. Busy courts can mean delays if judicial rulings are required at certain stages.
While every case is different, one to three years from incident to settlement is relatively typical in California. However, an experienced California personal injury attorney can often expedite the resolution of a case through assertive negotiation and litigation tactics.
HOW MUCH DO PERSONAL INJURY LAWYERS CHARGE IN CALIFORNIA?
Personal injury lawyers in California typically charge contingency fees ranging from 25% to 40% of any settlement or court award, plus reimbursement of case expenses. The most common fee structure for routine injury cases like car accidents is 33%.
California prohibits contingency fees over 40% in most personal injury cases, and written fee agreements are required upfront. We will make sure that you understand the fee structure before you retain our services.
Get a Free Consultation With a California Personal Injury Lawyer
Remember, according to California Code of Civil Procedure § 335.1, also known as California’s Discovery Rule, you have two years from when the accident occurred to file a personal injury claim. The longer you wait to reach out to an injury attorney, the less time we will have to build a strong case for your compensation.
Reach out to the team at Sargent Law Firm Injury Lawyers to learn if you have a valid claim. We are here to take the pressure off you so you can focus on healing.
Reminder: If you are wondering if you need an attorney, the best thing to do is reach out and ask because it will cost you nothing to review your case.