Santa Monica Car Accident Lawyer
Car accident claims are the most common type of personal injury claims filed in Santa Monica, and throughout the entire state of California. Car accidents in Santa Monica are governed by tort law, which requires accident victims to file a claim with the at-fault driver’s insurance company after a crash. When filing a claim, victims must also prove their case to collect the damages, or financial compensation, they need. Proving that someone else is to blame for a crash is never easy, and dealing with the insurance company poses many challenges. Our Santa Monica car accident lawyer can determine who is liable for your injuries, and will negotiate with the insurer on your behalf so you claim the full and fair settlement that is justly yours.How to Prove a Car Accident Claim in Santa Monica
As with the majority of personal injury claims, those involving car accidents rest on the legal concept of negligence. Negligence is a legal term that refers to another person’s carelessness and it can take many forms on the road. Distracted driving, speeding, failing to yield, and driving while impaired are just a few negligent acts that can result in a serious crash.
Any time another person’s negligence causes an accident that results in injury, you can file a claim with their insurance company to recover damages, or financial compensation. To obtain the full damages you deserve for your medical expenses, lost income, pain and suffering, and other losses, there are four elements of your case you must prove. These are as follows:
- Duty of care: Establishing duty of care means proving that someone else had a duty to act in a reasonable manner to ensure you would not become hurt. All drivers owe each other a duty of care and so, establishing this element of your claim is fairly straightforward.
- Breach: Proving a breach means showing that another person breached their duty of care, or acted negligently. This is often one of the most complex aspects of filing a claim.
- Causation: Proving causation refers to establishing the link between the negligent act and the accident. In other words, you must show that negligence directly caused your crash.
- Damages: You must also prove the full damages, or losses, you sustained to obtain the financial compensation you need to cover them.
While you can file a claim for damages with the help of a car accident attorney in Santa Monica, you only have a short amount of time to do so. The time limit is known as the statute of limitations and under this law, you only have two years from the date of the crash to file your claim. If this time limit expires, you will lose your legal right to obtain any financial compensation at all.
Two years may sound like a long time, but it is not. A full investigation must be conducted and evidence must be collected to prove your case. All of this takes time and so, it is critical to speak to a Santa Monica car accident lawyer as soon as possible after a crash.Call Our Car Accident Lawyer in Santa Monica Now
If you have been hurt in a crash, our Santa Monica car accident attorney at Brod Law Firm is here to help you obtain the full and fair settlement you are entitled to. Call us now at (800) 427-7020 or contact us online to schedule a free review of your case.