Category: Blog

When you’ve been injured by another person in California, you have a right to file an injury claim against them. You must prove that the person’s negligent actions—not some other factor—caused your injuries. This is true of vehicle wrecks because California utilizes a fault system for handling auto injury claims.

If you were a passenger in the at-fault driver’s vehicle or a passenger in another vehicle involved in the accident, you can file a claim against the person who was to blame. If you are considering filing an injury claim, you may need to know a little more about the process of filing an auto injury claim in California.

Filing a Claim or Lawsuit for a Vehicle Accident in California

Passengers can sustain serious injuries just like drivers can. You obviously weren’t the person who caused the crash, so you can file a claim or lawsuit against the at-fault party. First, you’ll need to prove that the negligent party caused your crash. You will need to collect evidence of fault and gather proof of your injuries and losses.

Once you have enough evidence to prove your claim, you should file your case as soon as possible. In California, you only have two years to file a claim for personal injury against an at-fault driver.

After you’ve submitted your claim with the at-fault party’s insurer, the negotiation process begins. Insurers can be tricky to deal with, as they often try to get out of paying on vehicle crash cases. They will attempt to minimize your injuries and losses so they can lower your claim’s value.

It’s a good idea to have a lawyer to deal with the insurance company. That way, you can have a better chance of receiving maximum compensation for your damages and possibly avoid going to court.

The Car Crash Compensation You Deserve

Another important step in the personal injury claim process is calculating your total losses. You need to be paid for every loss you’ve suffered because you shouldn’t have to pay for an accident you didn’t cause. You can be paid for future losses, as well, so keep that in mind when you’re adding up your losses.

A few damages auto injury victims often suffer and receive compensation for are listed below:

• Pain and suffering
• Lost wages and lost earning capacity
• Lost enjoyment of life
• Permanent injury
• Mental trauma
• Mental health treatment
• Physical therapy expenses
• Medical treatment

Call a San Diego Auto Accident Lawyer

As you can see, passengers are owed compensation for their losses—just like anyone else. You didn’t cause the accident, and you can hold the negligent party responsible for your suffering. But filing a claim may be a little overwhelming for you while you’re dealing with injuries, trauma, pain, and stress.

Good thing you’re not on your own when it comes to filing a personal injury claim for a car accident.

Get in touch with a vehicle crash lawyer at The Kindley Firm, APC. Call 619-550-1313 or fill out the form below to schedule a free consultation.

When you think of a single-car accident, you might think of a person being driven off the road because there was a cow taking a rest there. Or, you hear about a driver who collided with a tree because the tree was asking for it. In these situations, you probably still blame the driver, right? But are single-car crashes always the fault of the driver?

Believe it or not, they aren’t always the driver’s fault. First of all, those cow herders need to get a handle on their pets. And what if the driver hit that tree because of a tire blowout? Other people can be to blame for a single-car accident, and you are permitted to hold them liable if you can prove they were at fault.

Common Reasons for Single-Car Wrecks Involving Negligence

There are many reasons for single-car crashes to occur in which the driver wouldn’t be to blame.

For example, if you are driving along and the brakes on your vehicle fail, causing you to crash alongside the road, who would be to blame? It could be a mechanic that recently serviced your brakes incorrectly. It could be a negligent manufacturer.

Some common reasons for single-car collisions that are not the fault of the driver include the following:

• Mechanical failure
• Faulty manufacturer-installed parts
• Debris in the roadway
• Tire blowouts
• Poor road conditions
• Animals in the road
• Avoiding collision with other vehicles or pedestrians

Liability in California Single-Car Crashes

As you can see, there are many instances in which you could be in a single-car collision and it not be your fault. So, whose fault is it, then?

Let’s say you crash because of a large pothole in the road. That would be the government’s fault for not maintaining safe road conditions. What if you drive off the road and into a ditch because you were avoiding a stalled car in the middle of the road?

Some more examples of who might be liable in the event that you’re involved in a single-vehicle wreck are listed below:

• A government entity
• A manufacturer
• A mechanic or body shop
• Another driver
• A pedestrian or biker
• Other involved parties

Have You Been in a Single-Vehicle Collision and Don’t Think You’re Responsible?

A single-car collision can lead you to suffer tremendous losses, such as medical care costs, lost income, property damage, pain, suffering, mental and emotional trauma, and loss of life enjoyment. You deserve to be compensated for the damages you’ve suffered in a single-auto wreck not of your making.

Filing a car crash claim against the person responsible for your wreck is the only way to recoup your losses. Filing a case might seem intimidating, but you don’t have to go through this experience alone.

Your lawyer can investigate your wreck, find the evidence needed to prove you didn’t cause your single-car wreck, and then go after the party who is responsible. Call The Kindley Firm, APC now to discuss your case during a free initial consult. Dial 619-550-1313 or complete the form below.

Car accidents are extremely dangerous. You could be suffering from severe pain, and at best, a mild concussion. At worst, the accident might have caused severe brain damage that can drastically affect the rest of your life.

Serious car accidents can be traumatizing. Full recovery can take years, if you are able to recover fully at all. Although modern medicine has made great strides in treating brain damage cases, it can be a long, confusing process to move past the trauma and get the compensation you need.

Fortunately, you don’t have to go through the process of recovering from a brain injury without help. If you’ve experienced brain damage after a car accident, knowing the following steps can make recovery and receiving your compensation easier.

Seeking Therapy

Your first step is to seek medical attention. If you lost consciousness during the car crash, your doctor should thoroughly examine you for brain damage, which can have lasting effects on your quality of life. Worse, a serious injury might cause the brain to bleed or swell, which requires emergency surgery to relieve the pressure and prevent further damage.

Once the initial danger has passed, what comes next? After you’ve begun medical treatment, you’ll likely also need both physical and mental therapy. Your brain is the center of your cognitive function and the command center for your body. Brain injuries can affect your daily life in many ways.

For example, you might have lost some physical coordination after the auto wreck, and now you’re struggling to perform some daily tasks, such as walking smoothly or gripping a pen tightly. Physical rehab can help you regain some or all of these abilities.

If you are unable to regain some abilities, doctors might instead focus on ways to circumvent these issues. For example, if you’re unable to walk without assistance, you might be taught to use a cane.

The mental toll of a brain injury is also serious. You might have trouble thinking clearly, understanding others, speaking correctly, or focusing. Your rehab sessions will also focus on these issues and ways to heal or work around them.

Filing a Claim

Although the damage you’ve suffered might be serious, you will have the chance to seek recompense. If someone caused your accident, consider filing a claim for your compensation. The other driver might be unwilling to pay for your injuries, especially considering the expensive nature of brain injury treatment.

In this case, you might need to take the claim to civil court to sue for damages. If you’re struggling to file a claim on your own, reach out to a car accident attorney in California for help.

Seeking Out a Lawyer

When you’re in a car accident and suffer brain damage, what comes next? You’ll need to fight for your claim, but that can be difficult when you’re trying to focus on recovering from a head injury. Fortunately, a lawyer from The Kindley Firm, APC, can help.

When you’re struggling with a car accident claim, we can fight to help you achieve a positive resolution and receive the full compensation you deserve. We’ll start with a free consultation, so before signing any paperwork, you’ll know how we plan to handle your claim.

For more information, call us at 619-550-1313 or reach out through the following online form.

After a car accident, you’re dealing with a lot of painful, expensive damages that will make it difficult to recover. Even if your insurance company seems willing to work with you to give you a full settlement, you’ll need to ask yourself one important question: What is a fair settlement for a car accident?

Every car accident is unique. Your case may be more or less serious than a similar accident. But every claim has a few values that should be counted, such as the car’s value and your total damages. When you’re fighting for a fair settlement, be sure to consider every damage you deserve compensation for.

Using Fair Market Value

When your car has been damaged in an accident, you’ll need to determine what your car is truly worth in order to be fairly compensated for this loss. Usually, this is done using the car’s fair market value.

Fair market value refers to how much the car would be worth if it were sold between two willing parties. Both parties would be aware of all problems with and additions to the vehicle.

This can be difficult to determine, depending on features you might have added to the car before the crash. The insurance adjuster should account for all of this when determining the value of your settlement, but you should speak to an attorney for a second opinion. The insurance company might undervalue your totaled car, which can make it difficult to get what you’re owed.

Include All Damages

You’ll need to make sure you get the full amount you deserve for all of your damages—not just your vehicle repairs. However, you may have trouble calculating the monetary value of some of your damages. Your non-economic damages, such as pain and suffering, and won’t have a price tag like the others. That can make it difficult to know how much compensation to ask for.

Your economic damages should include all expenses related to the accident, both current and future. If your injuries require future surgeries or treatments, your settlement should cover these, as well. You wouldn’t have suffered from those expenses if the accident hadn’t happened, after all.

Non-economic damages like emotional trauma, which can be serious enough to become post-traumatic stress disorder (PTSD), are difficult to calculate. Fortunately, an attorney can help you place a fair value on your suffering and seek an appropriate settlement.

Need Help Calculating Your Auto Accident Settlement?

Getting a fair settlement after a car crash can be tough, and the insurance adjuster might not offer you the full amount you deserve. If you’re not sure the other side is offering you the full settlement you need, reach out to a lawyer at The Kindley Firm, APC.

When you need help determining a fair settlement for a car accident, you may need a lawyer to make sure you’re getting the full settlement you deserve. Our attorneys will start with a free case review, and we won’t give up until you have every dollar you’re owed.

Ready to get started? Contact us by calling 619-550-1313 or completing the online contact form below.