Car Accidents can range from devastating multi-car pileups to fender benders with delayed soft tissue injuries.
The moments after a car accident are frightening. Use this checklist to help guide your actions after the accident:
Check on All Occupants
Report the Accident
Talk to the Other Driver
Get his or her name, address, driver’s license number and license plate number. Also, write down a description of the vehicle and ask to see his or her insurance card so that you can copy down this information. Do not discuss the cause of the accident or apologize as these statements can possibly be used against you.
Don’t Admit Fault
Don’t Discuss the Cause of the Accident
Take Pictures
– Take pictures of the scene of the accident. Be sure to capture the following
– The original location of the accident and position of the vehicles at the point of impact
– The damage to your vehicle
– The damage to the other vehicle
– Damage to anything else at the scene, such as a stoplight, curb or other damage
– Evidence of debris on the roadway
– Weather, such as slick roadways, overcast day or the sun
– Traffic signs and signals in the nearby vicinity
– Roadway
– Brake marks on the roadway
– Any injuries
Check for Witnesses
Ask for the witness’ contact information and for them to stay at the scene to provide a statement for the accident report. Check if you observe any surveillance cameras nearby that may have captured the accident, such as a traffic camera or surveillance camera from a nearby business. Note this
information.
Write a Description
While the events are fresh in your mind, write a description of how the accident occurred. Note the date, time and location of the accident. Also note any weather conditions or environmental factors that may have contributed to the accident. In some cases, governmental or third-party contractors may bear a portion of the liability if road debris, malfunctioning traffic lights or some other aspect that affects the roadway that is the responsibility of such party.
Seek Medical Treatment
Contact a Lawyer
Whether it happens at the grocery store or a friend’s house, slip and fall accidents occur fairly often. In some instances, the property owner is responsible for the injured party’s injuries, and in others, the property owner will not be held liable.
What is a “Personal Injury” Case?
“Personal injury” cases are legal disputes that arise when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm.
- Formal “Lawsuit” A private individual (the “plaintiff“) files a civil “complaint” against another person, business, corporation, or government agency (the “defendant“), alleging that they acted carelessly or irresponsibly in connection with an accident or injury that caused harm. This action is known as “filing a lawsuit“.
- Traffic accidents – which can either be a car accident, bicycle accident, motorcycle accident, pedestrian accident or even bus accident, truck accident or train accident;
- Premise liability accidents – which include slip and fall accident, trip and fall accident, dog bite, personal injury, explosion, and fire, swimming pool accident or construction accident; or
- Other negligence accidents – which include boating accidents, animal attacks or aviation accidents.
What is a Statute of Limitations?
Plaintiffs have a limited time in which to file a lawsuit, called a “statute of limitations.” Generally speaking, the period of time dictated by a statute of limitations begins when the plaintiff is injured or discovers the injury. Every state has certain time limits, called “statutes of limitations,” that govern the period during which you must file a personal injury lawsuit.
Statutes of limitations are established by state law and often vary by type of injury.
Statutes of Limitations in California
Each state has their own statutes of limitations. Below is a summary of civil statutes of limitations in California.
| Injury to Person | Personal injury: 2 yrs. Civ. Proc. §335.1;False imprisonment: 1 yr. Civ. Proc. §340(c) |
| Libel/Slander | 1 yr. Civ. Proc. §340(c) |
| Fraud | 3 yrs. Civ. Proc. §338(d) |
| Injury to Personal Property | 3 yrs. Civ. Proc. §338(b), (c) |
| Trespass | 3 yrs. Civ. Proc. §338(b) |
| Collection of Rents | 4 yrs. Civ. Proc. §337.2 |
| Contracts | Written: 4 yrs. §337;Oral: 2 yrs. Civ. Proc. §339 |
| Collection of Debt on Account | 4 yrs. (book and stated accounts) Civ. Proc. §337 |
| Judgments | 10 yrs. Civ. Proc. §337.5 |
In most claims that arise from accidents or injuries — from car accidents to “slip and fall” cases — the basis for holding a person or company legally responsible for any resulting harm comes from a theory called ”
negligence.”
Generally speaking, when someone acts in a careless way and causes an injury to another person, under the legal principle of “negligence” the careless person will be legally liable for any resulting harm.
Elements of a Negligence Claim
In order to win a negligence case, the plaintiff (the person injured) must prove the following four elements to show that the defendant (the person allegedly at fault) acted negligently:
- Duty – The defendant owed a legal duty to the plaintiff under the circumstances;
- Breach – The defendant breached that legal duty by acting or failing to act in a certain way;
- Causation – It was the defendant’s actions (or inaction) that actually caused the plaintiff’s injury; and
- Damages – The plaintiff was harmed or injured as a result of the defendant’s actions.
The last part is where the attorney disputes any defenses opposing counsel may present. To defend against personal injury liability, defendants tend to rely on a few common defense theories. In negligence cases, the defendant may argue that the plaintiff did not use due care, and is partially or wholly responsible for his or her own injury. The defendant may also claim that the plaintiff “assumed the risk” by voluntarily participating in a dangerous sport or activity, or that the plaintiff impliedly gave the defendant permission to take the action that ended up harming the plaintiff.
Plaintiffs who want to avoid losing a tort case based on such arguments should hire legal counsel. Retaining an attorney will also help avoid the unfortunate circumstance of violating a statute of limitations (that is, missing the deadline for filing the lawsuit), which is always a concern in personal injury cases.
Is there any other basis for personal injury besides negligence?
Yes.
- Strict liability holds designers and manufacturers strictly liable for injuries from defective products. In these cases, the injured person does not have to establish negligence of the manufacturer. Rather, you need to show that the product was designed or manufactured in a manner that made it unreasonably dangerous when used as intended.
- Intentional wrongs can also be the basis of personal injury claims. If someone hits you, for example, even as a practical joke, you may be able to win a suit for battery. Or if a store detective wrongly detains you for shoplifting, you may be able to win a suit for false imprisonment. While perpetrators of some of the intentional torts—assault and battery, for example—can be held criminally liable for their actions, a tort case is a civil proceeding in court brought by an individual or entity and remains totally separate from any criminal charges brought by the government.
If you win, a judge or jury awards you money, known as damages, for your injuries. That amount can include compensation for such expenses as medical bills and lost wages, as well as compensation for future wage losses. It also can compensate you for physical pain and suffering. In addition, you may receive damages for any physical disfigurement or disability that resulted from your injury.
Medical Bills
If you had to be rushed to the hospital in an ambulance, there’s a good chance you’ll be charged hundreds of dollars or more for that ambulance ride. From there, your medical bills can vary, depending on the extent of your injuries and what type of follow-up medical care you require. For serious injuries that will require ongoing or lifetime care, it will be necessary for your attorney to calculate not only your current medical bill totals, but estimates for future care as well.
Lost Income
If your injuries prevent you from being able to work, either temporarily or permanently, you may also be entitled to damages related to lost income. These expenses are usually simple for your attorney to calculate based on your hourly wage or salary, as well as the number of days you were unable to work.
Other Monetary Losses
If you were in a car accident that totaled your car, then you may be able to recover the costs related to replacing your vehicle with a similar make and model. And, of course, in situations where the victim has passed away as a result of his or her injuries, funeral costs and similar expenses may be lumped into this category as well.
Pain and Suffering
Victims of these types of incidents offer suffer long-term emotional consequences that can be debilitating and have a serious impact on their everyday life. For example, some accident victims may suffer from post traumatic stress disorder (PTSD) following their accidents and may have a hard time driving or even being in a vehicle, which can have a major impact on one’s quality of life and ability to lead a normal life.
For those who have been injured in a car accident or other incident, these are just a few of the most common types of damages that a personal injury attorney can assist with calculating and pursuing.
The vast majority of personal injury attorneys will not charge you for their services, but will take a portion from any monies you receive should you get a settlement or a positive outcome at trial. This is known as a contingency fee, where the attorney getting paid depends on (or is “contingent upon”) you getting paid.
Personal Injury Law
- Auto Accidents
- Animal Attack
- Aviation Accident
- Bicycle Accidents
- Brain Injury
- Bus Accident
- Construction Accident
- Dog Bites
- General Negligence
- Motorcycle Accidents
- Medical Malpractice
- Pedestrian Accident
- Premises Liability Claim
- Slip and Fall
- Spinal Cord Injury
- Train Accident
- Truck Accident
- Work Injury
- Wrongful Death Claims
Of course, past performance is no guarantee of future results, but at least you will have a better feeling for moving forward!!!