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Car accidents can be terrifying experiences, particularly for those who sustain injuries or significant property damage. Any person involved in a crash should be able to recover compensation from the at-fault driver’s insurance carrier. However, these claims are not always that cut and dry. At DiMarco Araujo Montevideo, we are here to help if you need an Anaheim car accident attorney by your side. Our team has the resources necessary to fully investigate vehicle accident claims and help clients recover the compensation they are entitled to.
It can be very difficult to understand how much a vehicle accident case is worth in Anaheim. That is because no two cases are exactly alike. There are various factors related to each particular car accident claim that can affect the total amount of compensation paid out to a victim. In general, the more severe the injuries or property damage, the more will be paid out through insurance carriers or as a result of a personal injury jury verdict. A skilled Orange County car accident lawyer in Anaheim will be able to work with trusted medical and economic experts to properly calculate the total expected losses a victim sustained.
At DiMarco Araujo Montevideo, we focus on ensuring that every client that we take receives the compensation they are entitled to. We are regularly able to help client secure the following types of economic and non-economic damages:
Accident victims in Anaheim need to be aware that there is a limited amount of time for them to file a lawsuit in these cases. The California personal injury statute of limitations is two years from the date the injury occurs. This means that Anaheim vehicle accident victims have a two-year window with which to file a lawsuit against the alleged negligent driver. If they fail to file a lawsuit within this time frame, they will lose the ability to recover the compensation they deserve.
Please understand that this deadline does not apply to any timeframe put in place by the insurance carriers. In general, all auto insurance carriers in California require that claims be filed very soon after the crash occurs. Failing to do so could result in the insurance carrier delaying the claim or denying it altogether.
The most important aspect of vehicle accident claims in Anaheim is proving fault. If the fault cannot be determined, and there will be no way for the injury victim to receive the compensation they are entitled to. There are various types of evidence that can be used in these cases. The evidence-gathering process typically begins as soon as the crash occurs. If a crash victim is not seriously injured and if the scene is relatively safe, the victim can use their phone or another type of camera to take photographs of everything at the location. This can include vehicle damage, injuries, license plate numbers, skid marks, debris, traffic and weather conditions, and more.
Additionally, vehicle accident victims should get the names and contact information of any eyewitnesses at the crash scene. They should also get the name and driver’s license number of any other driver involved in the crash as well as the insurance information of all other parties involved.
However, the evidence-gathering does not end as soon as the crash scene is cleaned up. There is additional evidence that can be gathered over the next days and weeks that could play a role in how much compensation a victim receives. This is the point where a victim may need to seek assistance from an attorney in order to gather the rest of the evidence. An attorney can use their resources to obtain any video surveillance footage from nearby homes or businesses, mobile device data, vehicle “black box” data, accident reports, and more.
We are often asked what happens if a vehicle accident victim is partially at fault for a collision. Will they be able to recover compensation? The answer is, yes, vehicle accident victims can still recover compensation even if they are partially at fault for the incident.
California operates under what is considered a “pure comparative negligence” system. This means that even those who share responsibility for causing the crash can recover compensation, even if they are up to 99% at fault. However, there is a caveat – the total amount of compensation the injury victim receives will be reduced based on their percentage of fault.
For example, if an injury victim sustains $100,000 worth of medical bills and property damage as a result of an accident, but it is determined that they were 20% responsible for causing the incident, then they would receive $80,000 instead of the entire 100,000 dollars.
This “shifting fault” can significantly alter how much compensation to victim receives after an accident. That is why it is so important for an injury victim to seek assistance from an Anaheim car accident attorney who can help properly determine who caused the incident. You can be sure that the at-fault party and their insurance carrier will attempt to push as much fault as possible onto the injury victim in order to avoid paying out the compensation that they owe.
According to data available from the California Office of Traffic Safety, we can see that there were 3,606 total traffic accident fatalities during the latest reporting year across the state. During that same year, the OTS reported more than 268,000 injuries – 16,406 of which were considered “serious.”
There are various factors that contribute to vehicle accidents in Anaheim and throughout California. At DiMarco Araujo Montevideo, our attorneys regularly help clients who have sustained injuries due to the following:
This is certainly not an all-inclusive list of vehicle accident causes in and around the Anaheim area. If you or somebody you care about has been injured in a vehicle accident caused by another driver, please speak to one of our Anaheim car accident attorneys so we can help determine the best steps forward for your particular case.
In the vast majority of cases, car accident victims in Anaheim will not have to go to court. Most vehicle accident claims are resolved through settlements with insurance carriers. However, there are times when insurance carriers or at-fault parties put up roadblocks when it comes to securing the compensation that a victim needs. If the insurance carrier refuses to offer a fair settlement or denies a claim, it may be necessary for the accident victim to file a personal injury lawsuit against the at-fault driver.
If it becomes necessary to file a lawsuit, the likelihood of going to court increases. However, even after civil lawsuits are filed, it is still unlikely that a case will go all the way to a jury. Most lawsuits are still going to result in an out-of-court settlement after attorneys for both sides negotiate an agreement while the discovery phase of the process is ongoing. The only time an Anaheim car accident victim will have to go to court is if the at-fault party still refuses to offer a fair settlement while the case is ongoing.
When trying to determine how long it will take an Anaheim car accident case to settle, there are various factors that need to be examined. As we mentioned above, the vast majority of these accident claims will be resolved through a settlement with insurance carriers. When this occurs, it could take as little as a few weeks for a settlement to be paid out. However, some insurance settlements do not come through for months. If there is any dispute about who caused the crash or how much compensation should be paid for medical bills or property damage, this could delay a claim.
For cases that proceed to the personal injury lawsuit point, the process could take much longer to conclude. Even if a claim is settled before going all the way to a jury, it can take a year or more for the injury victim to receive the compensation they need. If a case has to be scheduled for a trial by jury, it can take two or more years for a claim to reach a resolution.
At DiMarco Araujo Montevideo, we understand that vehicle accident victims often struggle financially in the aftermath of these incidents. That is because they have to deal with incoming medical expenses as well as the possibility of lost income as a result of the accident. Affording a vehicle accident attorney may seem impossible, but that is not the case.
Our attorneys take Anaheim car accident cases on a contingency fee basis. This means that our clients will not have to pay any upfront or out-of-pocket costs related to their case. Clients will only have to pay legal fees after we obtain the compensation they are entitled to.
If you or somebody you love has been injured in a vehicle accident in or around Anaheim, turn to the team at DiMarco Araujo Montevideo today. Our attorneys have extensive experience handling complex vehicle accident cases throughout California, and we are ready to help you secure the compensation you need. We are not afraid to take on aggressive insurance carriers or at-fault parties, and we will take a case to trial if necessary. When you need an Anaheim car accident attorney by your side, you can contact us for a free consultation by clicking here or calling us at (714) 783-2205.