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Coachella Valley Car Accident Lawyer

Img | Auto Accident

If a negligent driver has injured you, contact the car accident lawyers at Walter Clark Legal Group. We have been winning compensation for car accident victims in Coachella Valley for over three decades. Our seasoned personal injury attorneyscould help you start a claim seeking reimbursement for your losses.

Understanding the Law Regarding Car Crashes

California uses a fault-based system for managing car accident claims. The driver at fault for the crash must pay the losses of any innocent parties involved. When both parties bear some responsibility, fault is apportioned between them.

Every driver registering a vehicle in the state must show proof of liability insurance, which pays for other people’s losses when the driver is at fault in an accident. The minimum coverage is $30,000 for bodily injury,

$60,000 for bodily injury per incident, and $15,000 for property damage. Insurers also must offer optional uninsured/underinsured motorist coverage, which covers your losses if the at-fault driver was uninsured or their coverage limits were insufficient to pay your damages.

If you file a claim with the other driver’s insurance company, you must show that their negligence contributed to the crash. A Coachella Valley auto accident attorney can investigate the crash to collect evidence of negligence to support your claim.

What To Do Following a Car Accident

Do not sign anything from an insurance adjuster until you have spoken to an experienced Walter Clark Legal Group auto collision attorney in Coachella Valley. You may be signing away any future rights to compensation. Insurance adjusters will sometimes show up at the scene of an accident and ask leading or incriminating questions when victims are at their most vulnerable. Here are a few steps you should take immediately after an accident:

  • Take pictures at the scene
  • Talk to witnesses
  • Gather as much information as you can
  • Take down names and contact information
  • See your doctor immediately and follow all of their recommendations
  • Keep records of prescriptions on file
  • Call your insurance company right away

Any delay in reporting a car crash could hurt your claim. Remember that you have the right to a physician of your choice; do not let the insurance adjuster choose one for you. Photographic evidence is very hard to refute in a lawsuit. Be sure to take note of phrases witnesses say like, “that black car was flying,” or, “the truck was swerving back and forth.” As time passes: keep records and receipts and write down how you felt afterward. Six or seven months later, it may be hard to remember how painful it was to bend down and tie your shoes in the morning, and an insurance adjuster may try to say you are exaggerating your injuries. Also be sure to maintain records of household services received, such as house cleaning and lawn mowing services.

How Do You Prove Your Damages in a Car Accident Claim?

When you get hurt in a crash, you are entitled to compensation, usually called damages. Your damages reimburse your out-of-pocket losses and compensate you for the negative impact the accident had on your day-to-day activities and quality of life.

Proving Economic Damages

Keep all invoices from the hospital and doctor visits, receipts from the pharmacy, and statements from your health insurer. The negligent party will be liable for those costs. Your medical records will be important to prove your claim— an insurance adjuster may try to say you are exaggerating your injuries.

Your tax returns will be important to show the loss of income. A Coachella Valley lawyer from Walter Clark Legal Group can use your employment records to establish the value of any paid time off you took to recover from the car accident.

Also be sure to maintain records of household services received, such as house cleaning and lawn mowing services.

Proving Pain and Suffering Damages

Proving your non-economic damages is not as straightforward. The financial value of your pain and suffering is subjective, but a Coachella Valley car crash attorney can help you make a persuasive case.

Photographs can illustrate scarring, and video can depict any long-term effects on your movement or functioning. Your family members and close associates can give testimony about how the accident has impacted your mood and activities. 

A simple journal can be powerful evidence of your pain and suffering. As you make your recovery, note what you did during the day and write down how you felt afterward. Six or seven months later, it may be hard to remember how painful it was to bend down and tie your shoes in the morning,

Factors That Could Limit Your Damages

Even when you prove the other driver was negligent and establish your damages, the law may restrict how much you can collect. A Coachella Valley attorney with experience in car accident cases can let you know whether you may face additional legal hurdles in collecting damages.

California follows the pure comparative negligence theory for addressing accident claims. If you were partly at fault for a crash, you can only collect the portion of your damages attributable to others’ conduct. However, you can seek damages from the other party even if you were primarily responsible for the crash. 

 California Civil Code §3333.4, often called Proposition 213, also impacts auto accident damages in some cases. If you were the owner of the vehicle involved in the crash and you did not have insurance, you cannot claim pain and suffering damages from the at-fault driver. You also cannot claim pain and suffering damages if you are convicted of being drunk when the crash occurred or if the crash happened when you were fleeing after committing a felony.

Hire a Coachella Valley Car Accident Attorney

After a vehicle collision, you could be left with high medical bills, all while trying to focus on your recovery. With the help of a Coachella Valley car accident attorney, you could fight for financial compensation. We represent clients throughout the entire California Low Desert and High Desert communities. If you have been injured in an accident and want to discuss your legal options, contact us today.

Walter Clark Legal Group

Walter Clark Legal Group
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