Car accidents can be stressful and chaotic, leaving victims in both physical and emotional pain. Depending on the circumstances you may be able to take legal action in pursuit of compensation for your injuries or property damage. However, the legal process can be complex and overwhelming. Understanding what constitutes a valid car accident case can help you take action and protect your rights. Work with an experienced San Mateo County, California car accident lawyer to better understand your legal rights and options.
How Do I Know If I Have a Valid Car Accident Case?
In general, to have a valid car accident claim you must be able to prove that an accident happened, it was the fault of another person or driver, and that the accident caused you to sustain injury or property damage. While these are the most important, they offer only a high-level overview of what it takes to have a valid case.
Some key factors to consider when determining the validity of your car accident case include the following.
- Establishing liability: One of the most important parts of a car accident case is determining who was at fault. You must be able to establish the other driver’s negligence or intent by proving that they did not exercise reasonable care or were reckless in their actions which caused the accident.
- Evidence: In any legal case evidence is paramount. Regardless of what happened if there is no evidence to back up the claim you may not have a valid case. Evidence of both injuries or property damage can include police reports, eyewitness testimony, medical bills, treatment plans, expert testimony, lost wages from work, and more.
- Statute of limitations: Each state has a statute of limitations that determines the time frame within which you must file your car accident lawsuit. In California, you have 2 years from the date of the accident to take legal action. If that time period has expired you no longer have a valid case.
- Comparative negligence: California abides by comparative negligence rules. This means that the amount of compensation you are eligible to receive can be reduced depending on the percentage of fault you had in the accident. Courts will examine the details of the situation and assign percentages of liability to each individual involved. The amount of fault you are responsible for will determine how your case will play out.
There are many moving parts to consider when determining whether or not you have a valid car accident case. It can be confusing so it is advisable to obtain legal help.
Contact a Skilled Personal Injury Lawyer Today
Reach out to an experienced personal injury lawyer for help during your car accident case. They will help you understand the legal process, explain to you your chances of success during your lawsuit, gather evidence, and represent you in court and negotiations. Speak with an attorney at the Law Offices of Allister R. Liao today.
