Car accidents can happen unexpectedly for various reasons, and the victims of these incidents often have lots of legal questions concerning their options for recovery. When another driver is to blame for a recent accident, you can seek compensation for all damages they caused. However, proving fault and establishing the extent of your claimable losses can be more challenging than you may initially expect.
The attorneys at the Law Offices of Carl D. Barnes routinely provide compassionate and responsive legal counsel to victims of car accidents and other personal injuries in Burbank and surrounding areas. We know the various legal obstacles you might encounter as you seek compensation for the losses you suffered, and we know how to help navigate your case with confidence and peace of mind. The sooner you reach out to our team, the more time we have to build the strongest possible claim for you.
California is one of many states to enforce a fault-based system for resolving car accidents. This means that every driver in the state must have the state-required minimum coverage automobile insurance, and the driver at fault for an accident absorbs liability for all resulting damages. Proving liability for your car accident is the first legal challenge you face as you seek compensation for your losses.
Some of the most common reasons for automobile accidents in the Burbank area are:
These are just a few possible ways for car accidents to happen in Burbank. In fact, every case is as unique and specific as the accident that caused it. No matter how your recent accident occurred, you must be prepared to firmly establish fault before you can recover recompense for your damages. To do this, it’s important to have the help of an experienced accident attorney.
Every driver must have automobile insurance that has the required minimum coverage of bodily injury liability and property damage liability. Once you have proven fault for your accident, the first option you have for recovering your damages is filing a claim against the at-fault driver’s insurance. However, there is no guarantee that the driver at fault for your accident will have insurance as required by law. The state has one of the highest rates of uninsured drivers in the country.
If the at-fault driver does have auto insurance, you only have a few days in which to notify their insurer of your intent to file a claim. Your Burbank car accident attorney can assist you with the claim filing process, and they can be especially helpful in resolving any disputes the insurance company raises against your claim. Most insurers fight back against car insurance claims whenever possible to minimize how much they pay out in settlements, but a good attorney on your side significantly reduces the chance of running into bad-faith tactics the insurance carrier might try otherwise.
After the insurance company reviews your claim, it will either deny it or approve it and send you a claim determination. If your claim is denied, your Burbank car accident attorney can help determine the correct response to this situation. If your claim is approved, your attorney can make sure the determination is suitable under the at-fault driver’s policy terms. If you have outstanding damages you cannot recover through auto insurance, the next step of your claim will be to file a personal injury suit naming the at-fault driver.
In a personal injury claim, the plaintiff offers evidence to prove fault for their damages and documentation to prove the extent of those damages. A Burbank car accident attorney can help gather any evidence needed to firmly establish fault; they can also be invaluable for their assistance in proving the extent of your claimable losses. The average car accident victim will be able to discern their immediately noticeable damages, but they are likely to struggle with calculating the long-term damages they are legally allowed to claim.
Under California’s personal injury statutes, the plaintiff can seek compensation for any economic losses the defendant inflicted that their insurance cannot cover. For most plaintiffs, these claimable economic damages will include:
Once you calculate the total of your immediate and future economic losses, you may learn that your claim is worth much more than you initially expected. However, you also have the right to claim pain and suffering compensation.
When the average person hears the term “pain and suffering” and realizes they can seek financial compensation for these intangible losses, they are likely to wonder how they can assign a dollar value to something like physical pain or emotional trauma. Your Burbank car accident attorney can provide valuable direction for this aspect of your personal injury case. They may seek an amount that reflects the severity of your condition after the accident and the extent of long-term effects you face, or they might seek an amount based on the time it will take for you to fully recover.
Ultimately, the average person not only has a better chance of winning a personal injury case with an attorney’s assistance but also a better chance of maximizing their total compensation. When you choose the Law Offices of Carl D. Barnes to represent your case, you are investing in years of professional experience and a track record of success built on client-focused legal counsel. You have a limited time in which to pursue compensation for your losses, and the sooner you connect with our team, the sooner we can put our skills, experience, and professional resources to work in your case.
A: California law states that you have the right to claim full repayment of all damages you suffered in your recent car accident. Once you have proven fault for the accident, you must then gather evidence to show the extent of the damages the defendant caused. Your recovery is likely to begin with an auto insurance claim followed by a personal injury suit when insurance alone cannot repay your total losses. Your Burbank car accident attorney can assess your claim’s potential value.
A: The time your car accident claim could take to resolve largely depends on how readily you can prove fault for the accident. When another driver is clearly to blame for your accident, it may only take a few weeks for you to establish liability and navigate your recovery efforts. Some car accident claims will take longer, especially if fault is contested and/or the victim is claiming substantial damages. A Burbank car accident attorney is one of the optimal assets you can have for streamlining your recovery efforts as much as possible.
A: Yes, it is possible to claim recompense for your damages even if you share fault for the accident. The state enforces the pure comparative fault rule, meaning each liable party absorbs a percentage of fault for the damages. If a plaintiff in a civil suit is found to bear partial liability for their claimed damages, they will lose a percentage of their final case award equal to their percentage of fault. For example, 25% fault means losing 25% of the compensation. Your attorney can help minimize any fault percentage assigned to you as much as possible through effective leveraging of available evidence.
A: If a family member recently died in a car accident caused by another driver, your family likely has grounds to pursue a wrongful death claim against the at-fault driver. After you recover as much compensation as possible through the at-fault driver’s auto insurance, you can proceed with filing a wrongful death suit. While this type of civil case is similar to a personal injury claim in many ways, there are several key differences you must understand, and legal counsel you trust can be invaluable for this type of case.
A: The Law Offices of Carl D. Barnes can provide the legal counsel you need for your impending car accident claim with a contingency fee billing agreement. This allows you to approach your case with peace of mind because you will not pay any legal fees unless and until we secure compensation for you. When we win a client’s case, we only take a percentage of the total amount recovered on their behalf. If we are unable to secure a recovery in your case, you pay nothing.
The attorneys at the Law Offices of Carl D. Barnes have an extensive track record of successful cases in Burbank and surrounding communities, and our team has helped recover millions in compensation for victims of all types of personal injuries. If you know another driver is responsible for causing your recent accident, you need a Burbank car accident attorney you can trust to help you face the challenging proceedings ahead in your recovery efforts. Contact us today to schedule a free consultation with a Burbank car accident attorney you can trust with your case.