Regardless of how careful you're on the road, a car accident can happen anytime. This is because you can't control the actions of other road users. Whenever car accidents occur, victims are left behind nursing devastating injuries that may take months or even years to recover from. During this period, victims incur huge medical bills and lost wages that could easily push them to bankruptcy, especially if they don't have multiple income streams.
You may be entitled to financial compensation if you've recently been injured in a car accident. Consider contacting a Visalia car accident lawyer at Kash Legal to help you navigate the entire legal process and recover the compensation you deserve.
REQUEST A FREE CONSULTATIONCommon Causes of Car Accidents in Visalia, CA
Car accidents occur due to various reasons, with some factors causing more crashes than others. The following are the most common causes of car accidents in Visalia, California:
- Tailgating
- Failure to yield
- Driving while intoxicated
- Speeding
- Distracted driving
- Poor road conditions
- Bad weather conditions
- Fatigued driving
- Defective vehicle parts and equipment
- Ignoring traffic signs
- Aggressive driving
- Improper road signage
If you’re unsure about the cause of the car accident you’ve been involved in, consider reaching out to a Visalia car accident lawyer at Kash Legal. We represent car accident victims who have sustained all sorts of injuries, including the following:
- Traumatic Brain Injuries (TBIs)
- Whiplash injuries
- Broken bones
- Burns
- Lacerations
- Spinal cord injuries
- Paralysis
- Chest and neck injuries
- Soft tissue injuries, such as knee injuries
- Wrongful death
It’s worth noting that some of these injuries may not appear immediately after a car accident. Some may take days, weeks, or even months to be visible. Therefore, you must seek immediate medical attention, so the doctor can conduct the necessary tests and administer the most appropriate treatment for your case.
What to Do Following a Visalia Car Accident
The aftermath of a car accident can be overwhelming and stressful for many people. However, you should know that the things you do immediately after the crash matter to your claim. With that being said, the following are the steps you should take after a car accident to protect your health and legal rights:
- Check yourself for injuries and move to safety.
- Call 911 to report the accident and request emergency medical services if you or anyone else at the scene is severely injured.
- Remain at the accident scene until the police arrive, and don’t admit fault or apologize to anyone.
- Take photos of the accident scene, your injuries, damaged vehicles and their license plates, and the street’s name.
- Exchange contact information and insurance details with the other driver
- Note down the names, phone numbers, and addresses of any witnesses at the accident scene.
- Seek medical attention immediately after leaving the accident scene. If you don’t see a doctor immediately, the insurance company may argue that you sustained your injuries elsewhere.
- Contact your insurance company to report the crash, but don’t sign anything without a lawyer present.
- Call a Visalia car accident lawyer to discuss your legal options.
After a car accident, it may feel natural to apologize to the other driver, even if you’re not liable for the crash. However, you should avoid doing it because the other driver may take it as an admission of fault and use it against you.
Proving Liability in a California Car Accident Case
To recover compensation as a car accident victim, your lawyer must prove that someone else’s negligence led to the accident that caused your injuries. To do so, your car accident lawyer must demonstrate the following elements of negligence:
- The defendant owed you a reasonable duty of care. They were supposed to drive safely and observe traffic laws to keep you and other road users safe.
- The defendant breached their duty of care to you by acting negligently. Some actions that constitute negligence in a car accident case include driving while intoxicated, texting while driving, speeding, tailgating, and many others.
- The defendant’s breach of the duty of care to you directly caused the accident.
- You suffered injuries and monetary damages due to the accident caused by the defendant.
Some pieces of evidence your car accident lawyer will need to prove liability include your medical records, doctor’s notes, photos of the accident scene, traffic camera footage of the crash, and the police report.
Recoverable Damages in a California Car Accident Case
Suppose you’ve sustained injuries in a car accident caused by someone else’s negligence. In that case, a Visalia car accident lawyer at Kash Legal can help you pursue compensation to cover the following damages:
- Past, present, and future medical expenses
- Lost wages
- Pain and suffering
- Reduced earning capacity
- Emotional distress
- Property damage
- Temporary or permanent disability
- Physical therapy and rehabilitation expenses
- Diminished quality of life
- Scarring and disfigurement
If you’ve lost a loved one to a car accident caused by someone else’s negligence, you have the legal right to file a wrongful death lawsuit and recover the following damages:
- Pre-death medical expenses
- Pain and suffering the victim endured before their demise
- Funeral and burial expenses
- Loss of love, guidance, and companionship
- Loss of consortium
- Loss of financial support
In cases where the defendant’s actions were motivated by malicious intent, the judge may award punitive damages to a car accident victim. This monetary reward is intended to punish the defendant and discourage such behavior in the future.
How a Visalia Car Accident Lawyer Can Help Your Case
Recovering compensation after a car accident is not easy. Insurance companies are in business to make profits and not to pay out claims. Therefore, they’ll use all sorts of tricks to devalue or outright deny your claim and avoid paying you the compensation you deserve. That’s why it’s in your best interest to hire a car accident lawyer to fight for you against the insurance company and ensure that justice is served.
A Visalia car accident lawyer at Kash Legal will explain your legal rights, investigate the causation of the accident, file a claim against the insurance company, and negotiate a fair settlement on your behalf. Also, the lawyer may take your case to trial if a fair settlement is not reached.
How Long Do I Have to File a Lawsuit After a Car Accident in Visalia, CA?
California has a statute of limitations that dictates the amount of time you have to take legal action against the liable parties after a car accident. According to the California Code of Civil Procedure § 335.1, you have two years to file a personal injury lawsuit if you’ve been injured in a car accident. Also, you have two years to file a wrongful death lawsuit if you’ve lost a loved one in a car accident.
The time limit for personal injury lawsuits starts from the date of the accident. On the other hand, the time limit for wrongful death lawsuits starts from the date of the victim’s demise. Failure to take legal action within these time limits will cause you to lose your right to compensation.
Contact an Expert Visalia Car Accident Attorney at Kash Legal Today
If you’ve recently sustained injuries in a car accident, don’t hesitate to contact a Visalia car accident lawyer at Kash Legal for legal help. Our legal team has handled many car accident cases in the past, and we’re ready to guide you through every step of the legal process.
Our car accident attorneys will help you build a strong case against the liable parties and work to get you the maximum compensation possible. Call us at (888) 527-4128 or fill out our contact form today to schedule a free consultation and learn more.
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