Car accidents can happen without warning in various ways, sometimes leaving victims with life-changing injuries and expensive economic losses they will not know how to recover. If you or a family member recently experienced a car accident in the San Clemente area due to the negligence or misconduct of another driver, you likely have many questions when it comes to how you can prove fault and secure compensation for the losses you suffered.
The Law Offices of Steven Zwick provide compassionate and responsive legal counsel to our clients in San Clemente, and we have years of professional experience handling a wide range of accident cases. Your recovery may begin with an auto insurance claim, followed by a personal injury suit if insurance alone cannot repay all your damages. Our team is ready to guide you through all the recovery efforts you must attempt in the aftermath of an accident someone else has caused.
Before the victim of a car accident can claim any compensation for their damages through insurance or a civil suit, they must prove the exact cause of their accident. Most of the car accidents reported in San Clemente happen because of negligence behind the wheel. Moving violations, inattention, and any other lack of reasonable care can amount to negligence in a car accident case. Your San Clemente car accident attorney can be invaluable when it comes to helping you prove the exact cause of your accident and identifying the driver responsible for causing it.
If you were severely hurt in your accident, you may not remember the exact details of how it occurred. In this situation, your attorney can assist you with gathering evidence while you focus on your recovery. If your accident happened because of another driver’s illegal misconduct, such as reckless driving or driving under the influence (DUI) of alcohol or drugs, the state will open a criminal case against them, and your San Clemente car accident attorney can advise you as to how this could influence your recovery efforts.
It’s important to keep in mind that you have a very limited time after a car accident in which to report your intent to file a claim to the at-fault driver’s insurance carrier. You may not need to file the claim immediately, but you must at least notify them of the accident within a short timeframe. You should not discuss a settlement with an insurance carrier without consulting an attorney; insurance company representatives are trained to look for ways to deny claims or offer the lowest possible settlements, and having an attorney represent you will reduce the chance of the insurance carrier attempting any bad-faith handling of your claim.
The Law Offices of Steven Zwick can correspond with insurance carriers for you, helping you receive an appropriate settlement offer more swiftly than you could likely manage by yourself. We know how the major insurance companies in the state handle claims and the tactics they use to avoid paying out maximum settlements. Once we address any issues that arise with your claim and help you secure an appropriate claim settlement, we can then help build your personal injury case against the at-fault driver.
If the at-fault driver who caused your accident does not have enough insurance coverage to fully compensate you for your losses, or if they do not have insurance at all, you have the right to file a personal injury claim against them to recover your damages. Success with any personal injury claim requires identifying the defendant, proving they were negligent or intentionally harmful in some way, and then proving that their actions directly caused your claimed damages.
You have the right to seek recompense for any economic losses that their insurance doesn’t cover. These may include:
Aside from your economic losses, you can also claim pain and suffering compensation to reflect the physical pain and emotional distress the defendant inflicted. California law does not limit pain and suffering compensation in car accident claims, so you have the right to seek as much as you believe to be appropriate to reflect your condition.
Ultimately, every car accident case filed in San Clemente is unique, and every plaintiff will face different challenges in their recovery efforts. When you choose The Law Offices of Steven Zwick to represent you, we will do everything we can to maximize your recovery through all available channels of compensation. We have a long record of successful cases due to our commitment to serving each client’s individual needs, and we are ready to leverage our resources, skills, and experience for you as you seek the compensation you legally deserve for your damages.
A: The state enforces the fault rule for resolving vehicle accidents, so it is essential to prove fault before you can recover compensation for your damages. Proving fault may require a combination of various forms of evidence, such as testimony from witnesses who saw the accident happen, recordings from nearby traffic cameras, and drivers’ cell phone records. Your San Clemente car accident lawyer can be invaluable for helping you firmly establish liability for your recent accident and holding the appropriate party accountable for your damages.
A: An accident might happen due to the fault of one driver, or multiple drivers could share liability for an accident. If you are found partially responsible for causing your recent car accident in San Clemente, this does not prevent you from claiming compensation, but it will diminish your recovery. Under the state’s pure comparative fault rule, you will lose a percentage of your case award equal to your percentage of fault for causing the accident.
A: State law requires all drivers to have personal auto insurance coverage, but the state has one of the highest uninsured driver rates in the country. If the driver who caused your accident is uninsured, and you have purchased uninsured motorist coverage with your auto insurance policy, you can claim against your own insurance after an accident. However, if you do not have this coverage or it is not enough to fully compensate you for your losses, you can file a personal injury suit against the at-fault driver.
A: California law does not require you to hire an attorney to help you recover from a car accident, but hiring a legal representative to assist you with your recovery efforts can significantly improve your chances of maximizing your total compensation. Your attorney can make filing an auto insurance claim easier, and they can be a crucial asset for filing a personal injury claim when insurance alone cannot compensate for all your losses.
A: It’s natural to worry about legal fees when you are already struggling with the economic impact of your recent car accident, but this is no cause for concern when you choose The Law Offices of Steven Zwick to represent your case. We take these cases on a contingency basis, meaning you will only pay a fee after we win your case, and your fee will be a portion of the total amount recovered. There is no fee if we are unable to secure compensation for you, and there is no risk of your legal fees costing you more than you win in compensation from your case.
The right attorney can have a tremendously positive influence on your experience with your recovery efforts and assist you in securing maximum compensation for your damages. The attorneys at The Law Offices of Steven Zwick strive to help every client navigate their car accident case as efficiently as possible. Time is a critical consideration after any accident, and the sooner you reach out to our team, the more time we have to strengthen your case. Contact us today to schedule your free consultation with a San Clemente car accident lawyer and learn more about your options for legal recourse after your recent accident.