At Lininger Injury Lawyers we use our experience in handling accident cases to investigate every possible contributing cause of an accident to ensure that you will receive full compensation for your injuries. Evaluating all of the facts involved in the cause of a motor vehicle accident requires skill and experience. Our office will take over the investigation of your case so that you can concentrate on recovering from your injuries. We can assist you in finding an appropriate medical specialist to treat you, and we can make arrangements with your medical care providers to wait for payment until your case is resolved through settlement or trial.
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Questions about your Folsom, CA Auto Accident?
Most Dangerous Intersection in Sacramento County?
Folsom Blvd & Howe Avenue
Our California car accident attorneys have experience representing thousands of individuals in all types of car accident cases taking place on roads and highways in the state. Below is a compilation of common questions from injured people.
If you have questions about your particular situation, our office welcomes the opportunity to discuss your situation with you. Call us anytime. (916) 962-0253
How long does it take to settle an California car accident case involving injuries?
The length of time it takes to settle a car accident case varies greatly from case to case, and usually depends on insurance companies. Like most personal injury cases, some car accident cases can be resolved directly with an insurance company from an at-fault party. Many factors contribute to how much money an California car accident claim can be resolved for and how long the process takes including:
Liability aspects – Who caused the collision?
What insurance companies are involved
The significance of the injuries involved
Recovery period and long-term prognosis for injuries
Insurance companies may offer a settlement within weeks of an accident; however, that is usually a low-ball offer. It is not recommended to accept a settlement until you have fully recovered from your injuries, or at least know the extent of your future medical expenses. This is because a settlement waives your right for any future claims arising out of the accident. If there is a complication with an injury from the accident down the line, accepting a settlement early on will prevent you from being compensated for that complication.After the initial offer, your attorney may be able to negotiate a settlement with the insurance company. Sometimes this process takes months, and sometimes it ends with a lawsuit and possibly, a trial. While it may seem like an accident with significant injuries, like fractures, may take longer to resolve than a case involving soft tissue injuries, the ability of the case to be resolved may be dependent upon how much insurance coverage is available, or whether the claim is disputed.
It is important to remember that many California car accident cases simply cannot be resolved prior to filing a lawsuit. A lawsuit affords parties the opportunities to depose witnesses and take a more extensive inventory of injuries than is allowed in the claims handling evaluation of a claim. Many car accident cases are settled before actually going to trial. However, if the case ends up going to trial, it is important to have an attorney with trial experience in auto accident cases in order to protect your legal rights in the circumstance when litigation is necessary.
Why is the car insurance company denying my claim for property damage and medical expenses?
There may be many reasons why an insurance company would elect to pay or deny any claim presented to them for payment. A primary reason why insurance companies deny payment is because their insured may not have caused the accident.
Another reason for denial of an auto claim is that the insurance company may not believe the damages (injuries) are causally related to the incident, or that the party is seeking excessive damages.
For example, if the insurance company believes your injury was caused prior to the accident, it will likely deny your claim. This is why it is important to discuss with your attorney how much information is necessary to turn over to the insurance company. Insurance companies typically try to find ways to reject claims, including using an injured party’s past medical history as a basis to deny settling. It is especially important never to sign a medical authorization form, which releases all of your medical history to the insurance company, without first speaking to your lawyer.
An insurance company also may deny your claim if you do not follow your policy’s claim procedure for reporting, or if you make or have made false or misleading statements regarding your insurance policy. Insurance companies regularly deny claims for not being promptly notified of the accident.
Finally, an insurance company may deny a claim because the insured party does not have enough coverage to pay for the damages. California’s minimum coverage requirements may not be enough to cover the damages in an auto accident.
Denial of auto-related insurance claims is a relatively common occurrence and is not always an indication of the true merits of the case. A car accident lawyer can assist in evaluating the case and determining why a claim may have been denied or discounted. In circumstances where a legitimate claim has been denied, the commencement of a lawsuit may be the best course of action.
How long do you have to file a lawsuit for personal injuries related to a car accident arising in Folsom, CA?
California has a two-year statute of limitations for the filing of personal injury cases. The lawsuit must be filed within two years from the date of the incident or the claim will be forever barred. Code of Civ. Proc. Sec. 340.
In spite of this general rule, it is best to consult with an auto accident attorney who has experience litigating California motor vehicle collisions to accurately determine the appropriate statute in your circumstance. Situations involving an injured minor or a municipal defendant can significantly alter the statute and may require either the filing of a notice provision or filing of a lawsuit in a shorter period of time.
Is car insurance mandatory for drivers in California?
Yes. Car insurance is a legal requirement in California. At a minimum, drivers must hold liability insurance. The state, however, offers discounts and a program for low-income drivers. California law requires that you have a way to cover costs related to damages or injuries you may have caused in a car accident. Purchasing liability car insurance is the simplest and most common way people choose to meet this requirement.
The minimum amount of liability insurance you must have on your policy is:$15,000 for injury/death to one person. $30,000 for injury/death to more than one person. $5,000 for damage to property.
I was told the driver of the vehicle I was involved in an accident with had ‘full coverage.’ What does that mean?
Full coverage usually refers to liability and property damage auto insurance coverage. However, full coverage is not a straightforward insurance term, and does not always mean the same thing across the board. Full coverage is usually not an indication that the driver was adequately insured. For example, California requires certain minimum insurance amounts, but the minimum coverage may not be adequate to cover all of the costs of an auto accident. Sometimes comprehensive coverage is included in the definition of “full coverage,” but may not be mandated by law, like in California. Comprehensive coverage covers physical damage from sources other than auto accidents.
What type of monetary damages does the law provide for in automobile accident cases in CA?
Any person injured in an auto accident in California may pursue the at-fault party to recover for his or her physical or emotional injuries, as well as property damages. As with other personal injury cases, a plaintiff (injured person) has the burden of proving that the driver’s negligence is the cause of his or her injuries.
After proving causation, an injured person may seek monetary damages for ailments and future injuries arising from the accident. While the specific amounts of damages may vary from person to person, damages are usually thought to consist of economic and non-economic damages—both for situations incurred shortly following the incident as well as those expenses that are likely to be incurred in the future.
Examples of economic damages may include anything that is tangibly related to a loss, including charges for:
Ambulance
Emergency room treatment
Appointments with specialized physicians such as: orthopedists, neurologists, radiologists, neurosurgeons
Physical therapy
Hospital
Surgery
Lost income
Handicapped accommodations to home and vehicles
Property damage
Attorney’s fees
Car rental expenses
Though more difficult to ascertain, an injured person may also recover compensation for the intangible losses (non-economic damages) related to an auto accident including:Pain and suffering
Disfigurement
Emotional distress
Loss of normal life
Do I need to give a statement to an insurance company following an auto accident where I was injured?
No. As a party or witness to an auto accident, you have no obligation to speak with any person– from an insurance company, lawyers’ office or otherwise.
It has become common practice for many insurance companies to call a person involved in a car accident shortly following the incident to ask them questions about how the incident occurred or to discuss what type of injuries they may have sustained. While such questions may seem relatively innocent, these questions are posed from the company that will likely be responsible for making a payment to you as compensation for your injuries. Insurance companies often use these statements against you, in order to minimize the value of your case and thus offer a low claim settlement, or even to reject your claim altogether. Consequently, most car accident attorneys strongly advise against giving any statements following a car accident.
Instead of speaking with the insurance company following your accident, you should write a letter of notification to the at-fault driver’s insurance company, notifying them of the accident. Include only your name, date and location of the accident, notification of your injury, and the date that you wrote the letter. After writing the letter of notification, allow your attorney to handle the insurance company. Attorneys know how to deal with the insurance companies and know how much information is necessary to turn over. Giving away too much information, such as a medical authorization form, may harm your chances of a fair settlement.
If the car was owned by a company, is the company responsible for paying my personal injuries?
Yes, an employer could possibly be liable when its employee was negligent and caused the car accident. If the vehicle was owned by a corporate entity, the company might be held responsible for injuries sustained by people in a collision with the vehicle.
The significance of a corporate entity’s involvement in a motor vehicle accident can substantially alter the value of a case. Unlike individual insurance policies, which may have limited coverage amounts, most corporate insurance policies are substantial and usually include several layers of coverage, which could theoretically be used to compensate an injured person or group.
In order to determine if a corporate entity is responsible for an accident, it is important to have your case evaluated by an attorney who has an understanding of the laws applicable to employers in the state of California.
My health insurance company said they have subrogation rights related to my auto accident case. What does that mean?
As a general rule, any insurance company (health, auto, workers compensation) has recovery rights, sometimes referred to as subrogation rights from any recovery in an auto accident case. A subrogation right is the right of the insurance company to be reimbursed money it paid on your behalf if you are awarded damages against a negligent driver. In the case of most health insurers, the subrogation rights are a contractual provision that an insured must comply with pursuant to the terms of their policy.
However, an insurance company must tell you ahead of time if it is planning on exercising its right to subrogation. By exercising this right, the insurance company must reimburse all or part of your deductible. Sometimes, an attorney is able to negotiate for an insurance company to waive its subrogation rights.
Most car accident attorneys will advise an injured person of these recovery rights and will also negotiate any insurance liens before disbursing any proceeds from a settlement. Failure to address subrogation interests may result in an insurance company’s termination of a policy or even a lawsuit to recover payments made.
I was unable to work for several months following my car accident; can I recover my lost wages?
Yes. If injuries sustained in a Folsom car accident prevented you from working in the position you had at the time of the incident, you may recover lost wages as an element of damages. In most cases, letters from an employer and physician as well as copies of your tax returns may be necessary in order to substantiate such a claim.
In circumstances where a person is so significantly injured that they can not return back to their pre-injury employment, future wage loss may also be claimed as an element of damages in a car insurance claim or lawsuit.
I don’t understand why my car insurance needs to pay for injuries I sustained when another person caused the accident.
Despite the fact that California has mandatory liability insurance for drivers, there continue to be situations where uninsured or underinsured drivers cause auto accidents. While the injured person could pursue the at-fault party to recover compensation for his or her injuries, the reality is that most uninsured drivers do not have tangible assets to collect from.
Therefore, a person injured by a party without any insurance may pursue a claim for damages with their own car insurance company. Referred to as an uninsured motorist case, the intention is to provide the injured person with compensation for their injuries and resulting damages as though they were involved in an incident with a fully insured party. Other times, the at-fault driver has insurance, but it is minimal and may not cover the cost of the accident. In a case like this, the at-fault driver is underinsured, and your uninsured motorist policy could be used to cover the outstanding damages.
There are some differences with uninsured motorist claims that must be addressed in order to satisfy the terms of your policy. Therefore, it is best to talk with an attorney before filing a claim.
How much does it cost to hire a lawyer to represent me in a personal injury case arising out of an California auto accident?
Generally, personal injury attorneys do not charge a consultation fee, but you should make sure of this before your initial consultation. Most personal injury attorneys work on a contingency fee basis, where a fee is only charged when there is a recovery for the client in the form of a settlement or jury verdict.
Most attorneys who handle motor vehicle accident cases charge a fixed fee between 1/3 and 2/5 of the recovery. Attorneys who work on a contingency fee basis also advance costs related to the prosecution of the case for expenses such as: court filing fees, medical records and depositions. Usually these expenses are recovered only if the client wins the case. However, some California personal injury attorneys collect the contingency fee only if the client wins, but expect the client to pay for the court costs and fees regardless of the outcome. Your fee agreement will explicitly state what you are responsible for paying.
The driver I was involved in an accident with pleaded guilty in traffic court. What does that mean?
Many drivers who cause accidents where people are injured receive a ticket or citation relating to their conduct. A traffic ticket is usually addressed in traffic court where the matter is heard by a judge. Because a traffic court is considered a quasi-criminal tribunal and there are different standards for evidence, the outcome of a traffic court case is usually inadmissible in a civil court where automobile accident lawsuits involving personal injuries are filed.
However, if a person ‘pleads guilty’ in a traffic case, such evidence is almost universally admissible in a civil case because it is considered to be an admission of a party.In situations where a driver has pleaded guilty to a traffic violation, a certified copy of the plea may be ordered and used as evidence in the personal injury matter.
What if the person who caused the car accident I was in does not have insurance?
In California, insurance companies are required to offer you uninsured motorist coverage. This covers you if you are in an accident with a driver who does not have any liability insurance, or is underinsured. The insurance company must offer you this coverage. If you choose not to buy it, you must sign a form, called a waiver. The form says you were offered the coverage and turned it down. If you purchase uninsured motorist coverage, this means that your insurance will cover some or all of the costs of the accident if the at-fault driver is un- or underinsured.
In California, insurance companies are required to offer you uninsured motorist coverage. This covers you if you are in an accident with a driver who does not have any liability insurance, or is underinsured. The insurance company must offer you this coverage. If you choose not to buy it, you must sign a form, called a waiver. The form says you were offered the coverage and turned it down. If you purchase uninsured motorist coverage, this means that your insurance will cover some or all of the costs of the accident if the at-fault driver is un- or underinsured.
More Questions About California Auto Accidents? Get Help From Folsom Accident Attorneys Who Have Helped 1000’s of Injured People!
There’s no doubt that every person’s car accident case is truly different. Different insurance companies. Different injuries. Different types of medical treatment. Various amounts of lost wages. While specific circumstances may vary, Lininger Injury Lawyers has helped thousands of people recover compensation for injuries related to automobile accidents throughout the greater Sacramento area and across California.
Our experience settling and litigating all types of California car accident cases gives us the unique perspective to evaluate your case in a way that can maximize the recovery for you. Call us anytime to discuss your case with an attorney without any cost or obligation to you. We look forward to hearing from you.
