Why Choose the Ewing Law Group for Car Accident Claim Representation?
When you need an attorney for any type of personal injury lawsuit
, it is vital to choose one with practical experience handling cases similar to your own. The Ewing Law Group has successfully represented thousands of clients with car accident claims in Sacramento over the years, and our team is ready to put this experience to work in your case. We are not afraid of dealing with insurance companies or their employees, and we do everything we can to maximize client recovery in every car accident case we accept.
As your Sacramento car accident attorneys, the team at the Ewing Law Group will thoroughly investigate your car accident claim, including gathering whatever evidence we can find that will help establish liability for your damages. This may include securing traffic camera footage from the city or subpoenaing cell phone records or security camera footage from the crash scene. You can rest assured our team will do everything we can to ensure your case proceeds as smoothly as possible.
Proving Fault for a Car Accident in Sacramento
A car accident claim falls under the purview of personal injury law
, meaning the root legal concept in a car accident claim is negligence. This term describes a party’s failure to exercise reasonable care in a given situation. In a car accident claim, negligence could include a moving violation, speeding, driving under the influence, or driving while distracted by a cell phone. It is also possible for multiple parties to bear fault for a car accident. Negligence and fault can be complicated for an array of reasons. Each side may try to blame the other.
In many cases, people will try to alter the circumstances leading to the accident to make themselves look better in the hopes of not being found responsible. There also can be a lack of proof available depending on the circumstances of the accident. You may have to deal with an insurance company that may not necessarily be interested in finding out what happened. It is not uncommon for insurance companies to look out for themselves, rather than the consumer.
There is an assumed basic duty of care when operating a vehicle. Such a duty means looking out for pedestrians, obstacles, and other vehicles. This also includes controlling the speed and movement of the vehicle. It is generally assumed that when you are behind the wheel, you are taking all necessary precautions.
There may also be circumstances where both drivers are considered partially at fault. This falls under California’s comparative fault law. In this circumstance, an injured driver could still receive damages, but the amount may be reduced based on the assumed share of fault.
Circumstances beyond the control of either party can also cause collisions. Some collisions can be caused by defective car parts, hazardous road conditions, or even driverless vehicle malfunctions. In these specific circumstances, the manufactures of the vehicle or its parts could be found at fault.
Your car accident attorney must identify the party or parties responsible for causing your damages, provide evidence that clearly shows the full extent of your claimed damages, and prove those damages would not have occurred without the defendant’s ensuing actions.
Compensation From Car Accident Claims
A car accident can easily cause significant damages, including:
● Medical expenses. The plaintiff in a car accident lawsuit can claim compensation for the medical expenses incurred from the accident. This includes the costs of necessary future treatments like physical therapy, rehabilitation, and necessary future surgeries.
● Lost income. A car accident may leave the victim unable to work for an extended time while they recover, or they may develop a permanent disability that prevents them from working in the future. A plaintiff can recover these losses with the help of a financial expert witness who can explain the lost earning potential in understandable terms to the court.
● Property damages. Plaintiffs can claim vehicle repair costs if their vehicles require significant mechanical work, or they may claim the full book value of a vehicle that was damaged beyond repair in their accident.
● Pain and suffering. California state law allows personal injury plaintiffs to claim compensation for physical pain, mental distress, and emotional suffering caused by a defendant’s actions. The amount the plaintiff receives depends on the severity of their combined damages and the judge’s interpretation of the facts of the case.
Typically, the first step in recovering these damages in a car accident claim is by filing an insurance claim against the at-fault driver’s auto insurance policy. California upholds fault-based rules for car accidents in the state and requires all licensed drivers to carry auto insurance at all times. However, minimum insurance coverage is not always enough to fully compensate for a victim’s losses. There are also circumstances where members of your may be considered to be liable for any damages or injuries. In these circumstances, a family member allowed an uninsured relative to drive the family member’s vehicle. It is considered negligent entrustment of a car. This makes the owner of the vehicle responsible for letting someone they knew was incompetent to drive their car. In those cases where the at-fault driver has little or no insurance or circumstances where someone else may be liable, the Ewing Law Group can help. Dealing with an insurance carrier is rarely easy because they tend to avoid paying out on claims and minimizing claim awards as much as possible.
Wrongful Death in California
In tragic circumstances, death may result due to a car accident. For many, handling this situation can be overwhelming enough without considering getting an attorney involved. While these circumstances are devastating, it is important to still consider your legal rights. In California, there are certain wrongful death laws created to help the surviving family financially cope with the loss of their loved one. The state allows some family members to file wrongful death claims, including the husband or wife, domestic partner, children, grandchild, or anyone who has a claim on the deceased’s property. These wrongful death laws can help ease the costs associated with the death, including burial and funeral expenses, and any lost earnings that the family relied on.
Common Types of Accidents
In California, there are a multitude of different car accidents people may find themselves in, and the most common include:
● Rear-end collisions—This type of accident revolves around one car crashing into the back end of another. Liability may seem obvious, but that is not always the case. The lead car may sometimes be found at fault, for example, if its driver slammed on their brakes without immediate and apparent cause. This form of collision often causes serious neck and back injuries, including whiplash.
● Head-on collisions—This is when a driver crosses over the median and can be one of the most serious accidents. This could be due to distracted driving, failure to yield, or drunk driving.
● T-bone collision—This can also result in serious injury because the impact happens at the sides of the vehicle where there is limited protection to either the driver or the passenger. This accident is often caused by poor road conditions, faulty vehicle parts, or unclear traffic signs. Sadly, it is most often caused by bad driving.
Ultimately, many different types of accidents can affect a driver. Other accidents are often caused by buses, trucks, motorcycles, or pedestrians walking, skating, or biking. Regardless of what type of accident you may be involved in, it is important to protect yourself and ensure you are properly represented.
How Your Sacramento Car Accident Attorney Can Help
can be messy. You may not fully understand the ins and outs of fault, negligence, and gathering evidence and support. You may also find yourself in a circumstance where the other party or parties involved may lie or withhold information. It is important to remember that insurance companies are a business. They have teams of lawyers who deal with cases such as yours daily. You must have an understanding about what could be on the line for you financially before you accept an offer from the insurance company or give up your rights to a settlement. A lawyer is an advocate for you. They will deal with the court system, the insurance provider, and keep you informed in all the different developments of your case. Hiring a lawyer can provide the best outcome for your case. An attorney can help with:
If law enforcement agencies become involved, they will conduct their own investigation. This will include sketching the site of the accident, getting full statements from everyone, and gathering any possible witness statements. The insurance company will usually contact its customer and gather details through them. This can create the possible risk of mistakes. An attorney is going to review and analyze all these different aspects. Your attorney will review police reports, insurance company reports, and they will interview any eyewitnesses and obtain surveillance videos. They will even go further and review records for any past accidents at the site, investigate the others in the accident, inspect the site, and review medical records. They may even reach out to other experts to ensure that no area in your case isn’t being handled.
In car accident cases, many people are hesitant to seek medical attention, for a variety of reasons. Often, an individual may simply feel it isn’t necessary or fear medical expenses. Especially after a car accident, injuries might take a while to show up and may worsen over time. Complications, including headaches, loss of mobility, pains in the neck, and other complaints are common, and can take hours or days after the initial accident to fully reveal themselves. Your lawyer will suggest that you get proper treatment for any injuries. Your physical well-being should never be at risk due to fear of medical costs.
Depending on witnesses and filmed footage, car accidents can become a back and forth argument between individuals. An attorney can make sure that no evidence is disposed of, and no one tampers with anything.
When you choose the Ewing Law Group as your car accident lawyers, we will assess the damages resulting from your car accident and do everything we can to maximize the insurance payout you receive. We are accustomed to dealing with difficult insurance claim adjusters. Having legal representation on your side will significantly expedite the handling of your claim.
Filing Your Claim
When it comes to filing your claim, there are a few different aspects to consider. When you’re ready to get started, you’ll need to begin with a demand letter. Under California law, the demand letter should be an outline of the claim. It should be a basis for the other party’s liability. This includes who is involved, circumstances of the incident, damage to property, and physical injuries. It will also spell out costs or losses associated with the wreck. This also spells out the requested compensation from the insurance company. Following the demand letter, you’ll need to negotiate with the insurance company. This is both the most crucial part and the riskiest if you don’t invest in legal representation. Ultimately, hiring a lawyer offers you the best opportunity for fair compensation.
Another option is a personal injury lawsuit, and this is handled in California civil court. It is a way to establish a basis for liability and the opportunity to claim damages. Most personal injury claims will settle outside of court, and our team will ensure your settlement negotiation is as constructive as possible. When settlement is not possible, we are not afraid to litigate your case before a judge. If you need to speak with a car accident attorney about a recent accident, contact the Ewing Law Group and schedule a case review with our team.
When Should I Contact a Car Accident Attorney?
In general, many car accidents are truly minor fender benders that lead to little or no damage. You are most likely safe to allow your insurance companies to handle the dirty work in these circumstances. If anyone is hurt or killed in your accident or the damage is severe, your wisest course is to invest in a top-quality lawyer as soon as possible. Your lawyer is your true advocate. It is a sad truth, but insurance companies are invested in their bottom lines. Often, these companies are looking to pay out as little as possible, regardless of your premiums. There are certain circumstances to look for, including:
● Quick settlement offer—
You may be contacted by a claims adjuster and offered a predetermined monetary settlement, often before you can fully assess your damages and injuries. Many automobile accident injuries can take time to set in, and if you settle too soon, you may be settling for a lot less than deserved.
● Evidence game—
As explained earlier, your insurance company is typically just looking for a quick explanation/statement. They may ask questions that are specifically structured to make your evidence favor them, which doesn’t always mean the evidence will favor you. This may include any information you provide while on record with the company. A lawyer is going to handle the insurance company for you. With their years of experience, they will be able to navigate any questions that may shine a poor light on your case.
● Delay game—
Many hesitate to seek medical care after an automobile accident. Some assume their symptoms are mild, and others don’t realize that some injuries are delayed. Often, this is because their insurance company warns of waiting until liability is confirmed. Many people are not covered by medical insurance. This means that any hospital bill, even for a seemingly mild injury, may be more than they can afford. This fear causes people to delay. This delay could ultimately hurt your case since it leads to the question of why you wouldn’t seek medical help.
If your accident is any sense serious, you want to look for an attorney to represent you as soon as possible. Insurance companies deal with these incidents daily, as do experienced car accident defense attorneys. This type of accident can impact many facets of your life. Your ability to get to work, school, home, and to perform day-to-day errands could be impacted. In more serious cases, your injuries may impact your ability to perform everyday tasks. Your attorney is going to care about you and the accident’s impact on your life. Your defense attorney’s bottom line is winning you full monetary compensation, and covering all your medical expenses, lost time from work, as well as your pain and suffering.
Many of the conditions associated with damages can be applied to injuries. In some cases, injuries truly are minimal. You may experience some bumps and bruises, but these injuries fade away quickly and don’t impact much of your life. In this circumstance, legal representation may not be necessary. The truth of the matter, though, is that injuries may often be hard to diagnose immediately. It is still important to seek medical help if any pain continues for an extended amount of time or appears later in a serious way. A Sacramento car accident attorney will be able to advise you about what path is right in your circumstances.
Choosing a Lawyer
Given the multiple reasons established above, it is crucial to any automobile accident case to invest in legal representation. You’ll want to choose a lawyer who can handle your case with ease due to their experience. Before selecting a lawyer, you’ll want to consider a variety of factors, including the attorney’s:
Experience, especially experience handling insurance companies and automobile accidents.
Strong reputation—the experience of others can help you decide if a lawyer is best for your case. Researching actual reviews can help you determine who might be best to work with you.
● Customer service—Understanding people and being sensitive to their needs can go a long way. You’ll want to invest in an attorney who knows how to communicate well with people. Your case may revolve around the testimony of others, so you’ll want someone on your side who will be able to collect the real facts.
Finding a Law Firm That You Can Trust
Even if your car accident doesn’t seem serious, you’ll want to take the time to speak with someone to understand your options. Injuries can take time to reveal themselves, and what may seem like a small fender bender could be substantial damage to your vehicle. A free consultation will allow you to understand the severity of your accident, as well as what your options are. Ewing Law Group has tried and successfully won numerous automobile accident claims. Our team of experienced experts is prepared to pursue all aspects of your claim to ensure that you receive whatever damages or costs that you are due. Contact us
today to find out how we can help!