California Car Accident Lawsuit
When Do I Need to File a California Car Accident Lawsuit?
In California, auto insurance is based on an at-fault system. The insurance companies use evidence and police reports to assign fault in an accident. The person at fault is responsible for compensating the victim through their insurance policy.
If you have been the victim of a car accident, you can file a claim with the at-fault driver’s insurer to get compensated. You can also file a lawsuit against the insurer for more compensation. Some reasons to file include:
- The insurer denies your claim entirely.
- The insurance company offers compensation, but it isn’t adequate.
- The insurer assigned some of the fault to you, but you believe this is a mistake.
- Your injuries are severe, permanent and prevent you from earning an income or as much as you earned before the accident.
- You lost a loved one in the accident.
How Do I File a Car Accident Lawsuit in California?
Talk to a California car accident lawyer about how to file a lawsuit and if it is a good option for your situation. Hire a lawyer who specializes in car accidents and has years of experience and wins for victims.
Once you have the right lawyer, they’ll guide you through the process of filing a car accident lawsuit:
- File a complaint
The first step in a civil lawsuit in California is to file a complaint to notify the courts and defendants. It will outline your allegations and trigger the discovery period. - Discovery
During the discovery period, both your lawyer and the defendant’s lawyers will investigate the accident. They will likely call on accident reconstruction experts to prove who was at fault. They may also talk to witnesses and gather physical evidence. - Negotiate a settlement
Your lawyer will most likely be dealing with the defendant’s insurance company, which will probably agree to negotiations. If your lawyer can get you a fair amount, you can end your lawsuit here. - Go to trial
Your lawyer can also force the insurance company to court and litigate on your behalf to get a jury verdict and award. You may want to go to trial if the negotiations don’t result in a fair amount for your injuries. - Get compensation
If you win the jury verdict, your lawyer may still need to take steps to collect compensation from the defendants. If they appeal the jury decision, your lawyer will take your case to a higher California court.
Is There a Time Limit on Filing a Lawsuit?
It’s important to talk to a lawyer as soon after an accident as possible. California law only gives you two years from that time to file your lawsuit. There may be exceptions, but in most cases, the court will dismiss a lawsuit brought more than two years after an accident.
What Will My Lawyer Do to Prove My Case?
The goal of your lawyer is to prove that the defendant is to blame for the accident and therefore is liable for your damages. This means proving they acted or failed to act in a way that is considered unlawful or unreasonable on the road. For instance, your lawyer may show they were speeding or talking on their phone.
Your lawyer will rely on expert testimony, witness statements, and physical evidence from the incident to prove fault. They will also use your medical information and injuries to prove that the accident cost you significantly in medical expenses, lost wages, and even pain, suffering, or trauma.
How Much Can I Recover in a California Car Accident Lawsuit?
The amount of damages recovered varies by individual case. Damages amounts in car accident lawsuits depend on several unique factors associated with the incident:
- Your injuries and any permanent disabilities or disfigurement
- Your medical expenses
- Your expected future medical expenses
- Lost wages
- Pain and suffering, emotional trauma, loss of companionship
- Whether or not you had auto insurance at the time of the accident
- The degree to which you were at fault in the accident
Your lawyer can provide a reasonable estimate of what you need for compensation and what you can expect. California law limits your damages to some extent, mostly if you have some share of fault in the accident or were driving uninsured.
Examples of Car Accident Lawsuits in California
As you consider filing a lawsuit, look at examples of car accident cases in the state. Every case is different and cannot determine your outcome, but these instances of victims taking action can give you hope and an idea of what is possible:
- Tomasa Cuevas and her son suffered serious injuries when a truck ran a red light and struck their SUV in Kern County in 2017. The truck driver was operating on a suspended license and should never have been on the road. The Cuevas family’s attorneys got them a $70 million jury verdict, a record for the county.[1]
- Max Gleason of Solvang won a nearly $3 million settlement in 2020 after losing his wife and two children in a car accident on Highway 154. They were hit head-on by another car, which led to a third car striking their vehicle. The driver who caused the accident was under the influence of drugs and alcohol.[2]
- In a case that went to trial, a jury ordered the city of Redlands to pay a settlement of $1.3 million to the husband of a woman who died in a car accident. Her car hit a cement box on the roadside, which his lawyers successfully argued made the city negligent for unsafe road conditions.[3]
- Another case involving a car accident also became a workers’ compensation suit. A California nanny traveled with her employers to Colorado and was a passenger in the vehicle when they had a serious accident. Her lawyers helped her get a workers’ compensation settlement of $11.3 million for her catastrophic injuries.[4]
If you were hurt in a car accident in California, you have a right to seek compensation. Sometimes, to get a fair amount, this means filing a lawsuit. Rely on an experienced car accident lawyer in the state to take your case and help you recover damages.