If you were recently in a car accident, then you probably have had to deal with a lot of bills. One of the most effective ways of getting that money back is to file a lawsuit. However, a lawsuit can be quite complicated, especially if you are trying to file one without a lawyer. Every state has different laws, which means that your case might be easily won in New York, but completely shut down in Alabama. To help you make sure that a lawsuit is the right choice for you, here are some questions that you will need to ask yourself if your accident happened in California:
How long ago did the accident happen?
One of your first concerns should be exactly when the car accident happened. If the accident happened a long time ago, then your lawsuit might be dead on arrival because you failed to abide by the statute of limitations, which dictates exactly how long you have to file your lawsuit.
In California, you have 2 years to file from the date of the accident. This gives you a while to gather the relevant evidence, talk to a lawyer, and even gather the money that is necessary to argue your case in court. You want to make sure that your budget is in order and that your lawsuit is strong before you commit.
Was the accident your fault?
You also want to figure out whether the accident could be partially your fault. If there is evidence that you were responsible, then you could lose out on a significant portion of your winnings.
California follows a policy that is known as pure comparative negligence, which states that you will lose access to compensation depending on exactly how responsible you were. If there is evidence that says that you were 40% responsible for your injuries, then you should expect to only get around 60% of what you asked for. As you might guess, this can be a very subjective matter, which means that the court will have to make a judgment call.
Is a lawsuit right for you?
As an at-fault auto insurance state, California gives you the option of filing a lawsuit if you feel that it is your best option. However, you can also go down the insurance route if you aren't ready for a lawsuit. While an insurance claim might not get you quite as much money as you want, it will also cost you less in legal fees. Talking to a lawyer, like Dennis M. Walters, PC, can help you decide which route is best for you and your future.
Share15 February 2016
When I was a child, my father was the pastor of a small evangelical church in my hometown. I always enjoyed going to church in order to play with my friends. One of these friends suffered a horrific accident at a local gas station one day. As he was walking towards the entrance to the gas station, he was struck by a vehicle. His leg was seriously injured during the accident. To help with the expenses of recovery, his father hired an accident and personal injury attorney. This professional helped my friend’s father sue the person who struck his son. On this blog, you will discover the advantages of hiring an accident and personal injury attorney after incurring injuries from a devastating accident.