There are many things to do in and around Irvine, and the city's roadways are often full of commuters, residents, and even tourists. Unfortunately, in this roadway mix, there are also negligent drivers exhibiting behaviors such as speeding, distracted driving, drunk driving, and more. These drivers can cause accidents that result in serious injuries or even death for other users of the roadway.
Those who have been injured in a car accident that was caused by a negligent driver can seek compensation for their injuries through California's personal injury claims process. However, the process isn't easy, and hiring an experienced Irvine car accident lawyer, like those at Kash Legal, is an important step for a successful outcome to your claim.
REQUEST A FREE CONSULTATIONWhat Is the Car Accident Claims Process in California?
The car accident claims process in Irvine generally begins with a claim filed against the at-fault driver’s auto liability insurance policy. An insurance claims adjuster will evaluate this claim and decide to either accept it, deny it, or offer to settle it out of court. If the insurance provider decides to engage in a settlement agreement with the claimant, the claimant’s attorney can negotiate with them in order to make an offer that constitutes fair compensation for the claim.
However, the decision on whether to accept an offered settlement remains the claimant’s to make. If the insurance provider fails to compensate the claim, a personal injury lawsuit can be filed in civil court in order for a judge or jury to make decisions on the case, including how much compensation is owed to the claimant. In California, most car accident lawsuits must be filed within the personal injury statute of limitations, which is two years from the date on which the injury occurred.
How to Prove Liability for Your Accident
Compensation can only be received through the personal injury claims process if the claimant and their car accident attorney are able to prove through evidence and documentation that someone else was at-fault for the accident and, therefore, liable for compensating the harm caused to the claimant. The elements needed to prove liability include:
- The at-fault driver was using a public roadway and had a duty of care in that circumstance to take reasonable actions to prevent harm to others.
- The duty owed by the driver was breached as a result of their careless or reckless actions.
- The breach in the driver’s duty resulted in a car accident that injured the claimant.
Some of the types of evidence that can be used to prove the claim include the police report of the accident, witness testimony, the testimony of expert witnesses such as accident reconstruction specialists, and video surveillance or photos of the accident scene. Documentation is also required to justify the established value of the claim, such as medical bills, car repair bills, and wage information from the claimant’s employer.
Affording an Irvine Car Accident Lawyer
Many people attempt to navigate the claims process without the assistance of a car accident attorney because they don’t believe they can afford to hire an experienced Irvine car accident lawyer. However, personal injury lawyers generally use a contingent fee billing method that enables anyone who needs their services to be able to afford them. Through this billing method, the car accident attorney’s payment is contingent on their ability to help you obtain compensation for your claim. You do not have to pay for the car accident attorney until the compensation is received.
After attending a free case evaluation in which the claimant can discuss their case with an experienced Irvine car accident lawyer, if the claimant decides they want to hire the lawyer to help them with their claim, they will be asked to sign a contingent fee agreement. This agreement outlines the services that the car accident attorney will provide and specifies a percentage of the compensation received through either a negotiated settlement or a court award as payment for the attorney.
While the car accident attorney works on the claim, the claimant will not be billed for their services. Instead, at the conclusion of the claim, the attorney will assist the claimant in receiving their compensation and will also receive their payment at this time.
What Services Can a Car Accident Lawyer Provide?
Car accident lawyers can provide the experience and understanding of the law in order to help their client obtain the compensation they need after being injured due to someone else’s negligence. They can also provide a team of legal professionals to help gather the documents and evidence needed to prove the claim.
Some of the other services offered by an Irvine car accident lawyer may include:
- Establishing a value to the claim and demanding payment of that value from the at-fault party’s insurer
- Managing communication with the claim’s adjuster to protect the claim’s value
- Handling the timing of the process in order to protect the claimant’s right to sue if the insurance provider fails to pay the claim
- Navigating the formalities and expectations of that court process
As noted, the attorney will also help their client receive the compensation that was awarded to them, and will also help the claimant settle medical liens that were placed on the award by the claimant’s creditors.
Were You Injured in a Car Accident Caused by Someone Else? Contact Kash Legal
Recently, the award-winning lawyers at Kash Legal helped a client to receive $2 million in compensation for a car accident claim, and this is merely one of many successful outcomes we have garnered on behalf of our clients. We pride ourselves on our commitment not only to offering quality legal services, but quality customer service, as well.
Let an experienced Irvine car accident lawyer from Kash Legal provide you with a free case evaluation. We will talk with you about the details of your case, help you consider the legal options you have available for receiving compensation for your expenses, and answer any legal questions. For your free case evaluation, contact us online or call us at (888) 527-4128 today.
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