Automobile accidents are often watershed moments in the life of victims who have been injured. Even those with recoverable injuries face other difficulties as well in many situations, and those with extended rehabilitation regimens have even more problems. And then there are always concerns over being properly compensated for the injuries because insurance coverage providers are primarily focused on reducing company payouts as much as possible. The truth is that attempting to handle an auto accident injury claim personally is rarely a good decision for any novice victim because insurance companies can be ruthless when cases could have value that injured victims do not realize. This is primarily why it is always advisable to retain aggressive and experienced legal representation who can show the respondent insurance company adjusters that you mean business regarding the injury claim. Here are a few ways a California personal injury lawyer can help your case.
Negotiating with Insurance Providers
One of the first issues injured victims face after an accident is dealing with the insurance providers. California is a fault-based system for adjudicating accidents, and the injured victims rarely know the insurance provider with which they are bargaining. Almost all insurance companies record incoming phone calls, so there will be a record of anything said from the very beginning. While state law requires insurance providers to conduct an investigation into each claim, the companies use this process to develop as much claim defense as they can. The process is always designed to protect the company and their client, including providing a legal defense team if they deny the claim. If the insurance company retains legal representation for the company and client, then injured claimants need legal representation too. This means it is best to have legal counsel handling the claim from the beginning, and especially in serious injury cases where the claimant could have a high percentage of comparative negligence.
Proving Injury Responsibility
It is always incumbent on the injured party to prove they have been injured and that the respondent party is at least partially responsible for damages. This applies in all personal injury cases whether they are auto accidents or premises liability legal matters. Injuries are typically related to an accident, and the defendant must be at least indirectly connected to causation. In auto accidents, these are primarily the drivers of the vehicles. However, accidents involving commercial vehicles or trucks could also include employers or shippers as defendants when company policy or specific instruction for employees also contributes to causation. Establishing all potential negligent actors is vital when pursuing whole damages, and identifying vicarious liability is indeed part of that process. Vicarious liability cases can be complicated even for personal injury attorneys, and they are only attainable in a lawsuit in most instances after a California personal injury lawyer conducts an in-depth investigation.
Presenting Case Details
Luckily for injured accident victims, California uses pure comparative negligence law when settling accident injury payments. This means that only those drivers who are totally at fault will be denied financial recovery in some amount. And even though law enforcement officers investigate accidents for an official report, the report can still be contested when there are competing versions of events. Accident victims always need solid legal representation when claims are being denied, and the method of presenting material case facts in court can be very technical. A California car accident attorney can investigate the accident, prepare a case for maximum financial benefit for the client by providing documented evidence supporting the injury claims, and also present an argument reducing their client’s personal contribution to causation as much as possible. Even a few percentage points in the favor of the injured victim can matter significantly for drivers, as injured passengers rarely have any comparative negligence assignment unless it is a pedestrian accident case. Comparative negligence percentages are important because California law allows insurance providers to discount total claim values by the assigned percentage for the claimant.
Determining Claim Elements
While the typical injured party realizes that they can be reimbursed for medical bills, there are often other elements that can be included as well. Financial recovery for lost income is one additional claim that courts will allow, but there must be some form of supporting documentation to arrive at the proper amount. Financial recovery for lost property can also be included in exact amounts as part of a damage claim total. These are the “special” economic damages that can be itemized in specific dollar amounts. But, the most important element of a claim is the allowance for non-economic general damages stemming from the pain-and-suffering experienced with ongoing problems living with the injury in the future. These claims can be difficult to clarify with respect to an equitable amount, and it is an allowance that insurance companies rarely want to discuss unless a car accident attorney is representing the case.
The Need for a Personal Legal Team
Insurance company claims adjusters are trained professional negotiators who are focused daily on reducing the amount of accident injury claims. Reducing insurance payments is all they do and their primary employment responsibility. Some insurance companies actually even have in-house attorneys or private attorneys on regular retainer for just such purposes. If the insurance provider maintains professional representation, injured victims will need car accident attorney as well. There can also be extended liability in many cases such as a truck accident case because the company contracting the shipment or the employing transportation company could be liable as well as the driver. Auto parts manufacturers can also be held liable when material case facts are presented in court, not to mention the fact that auto accidents resulting in death could also be wrongful death claims when gross negligence can be proven by an aggressive personal injury attorney. Each case is unique in some aspect, and those unique case facts can have a dramatic impact on the final outcome for victims when presented by an experienced trial attorney team.
Contact West Coast Trial Lawyers
It is clear that injured accident victims should never attempt handling their own injury claim. The legal issue could be much more valuable than the injured parties realize. California residents should always contact a California personal injury lawyer at West Coast Trial Lawyers as soon as possible after the accident because evidence of negligence can fade fast in an accident injury case. Call them at their office in Los Angeles, and let WCTL put their experience to work for you in maximizing your claim value.
