While minor accidents may not result in serious injuries or extensive vehicle damage, overcoming the physical and financial setbacks may still be challenging. Though not required, hiring Newport Beach car accident lawyers after being involved in a car crash can be extremely helpful in recovering damages. Here are five useful tips on when legal representation is strongly recommended.
Even in what appears to be a minor car accident, the resulting injuries may not be as insignificant as they initially seem. Some common car accident injuries may have delayed symptoms or could worsen over time. If you were injured in a car accident, a personal injury lawyer can help you recover fair compensation for your injuries and losses.
1. Consider the Overall Aftermath of the Car Accidents
Between vehicle repairs, the recovery period, and the psychological trauma that can develop, the outcome of a car accident, even a minor one, can be overwhelming.
Factors That Will Affect a Newport Beach Car Accident Case
To be fairly compensated, consider all aspects of how the car accident has affected you.
- What appears to be a minor accident initially may have complications that surface later, involving escalating injuries, the integrity of the repaired vehicle, or the financial strain the car accident caused.
- Depending on the severity of injuries, lifestyle changes may be necessary following a bad car accident. This can involve home modifications, like wheelchair ramps or wheelchair-accessible bathtubs. Any expenses that result due to the car crash may be compensated.
- Specific injuries caused by a car crash, like traumatic brain injuries or broken bones, may not be immediately apparent but worsen over time. Any physical harm must be thoroughly examined and adequately treated to ensure a safe recovery. Still, these types of injuries can have long-term effects, affecting mobility and motor functions.
- Car accidents, regardless of minor or serious accidents, can be traumatic and lead to long-term implications, like the fear of driving or riding in a motor vehicle entirely. This can impact everyday activities like driving to work or running errands.
- Between the turnaround time for parts to come in and determining a means of transportation in the meantime, the process of getting a vehicle repaired is time-consuming and inconvenient.
An insurance adjuster may minimize payouts, even for seemingly minor accidents. To avoid this, it is advisable for Newport Beach car accident lawyers to review a personal injury case and potential damages before settling a claim.
2. Ensure the Status of Injuries Is Not Unclear
Not all car accident injuries are apparent. In fact, some seemingly minor injuries may be more severe than car accident victims may think.
Common Car Accident Injuries
Established Newport Beach car accident law firms can assist clients in seeking the proper medical treatment from the top specialists and doctors in Orange County. This is vital in the recovery of car accident injuries. Additionally, they can accurately evaluate injuries and other damages to calculate a fair settlement amount in the car accident claim.
Here are potential injuries that could manifest days or even weeks after the accident:
Broken Bones
A common and apparent injury in most car accident cases, sustaining a break or fracture, can become problematic in the future. Infections or delays in medical treatment may require corrective surgery.
Spinal Cord Injuries
Back or spinal injury can have a devastating impact on car accident victims and escalate into further complications, like paralysis or other debilitating outcomes.
Soft Tissue Injuries
Damage to muscles, tendons, or ligaments may not be immediately apparent but can result in chronic pain throughout various parts of the body. Untreated, these injuries can even lead to mobility issues.
Head and Brain Injuries
Traumatic brain injuries (TBI) may not be immediately evident, and symptoms like headaches, dizziness, or memory loss may develop over time.
Emotional Trauma
Psychological injuries, such as anxiety or post-traumatic stress disorder (PTSD), are significant and can have long-lasting effects, similar to physical injuries.
Following any car accident, regardless of its apparent severity, it is essential to seek medical attention, followed by a consultation with a personal injury attorney.
3. Know the Difference Between Economic Damages and Non-Economic Damages
In order to determine the full extent of damages, financial losses should not be the only factor considered.
A Newport Beach car accident lawyer can thoroughly examine a personal injury case to establish the actual losses owed, accounting for both economic damages and non-economic damages. If the insurance company refuses to offer a fair settlement, then a personal injury lawsuit may be filed to recover the maximum compensation.
In a personal injury claim, an insurance company typically compensates for apparent out-of-pocket expenses, like vehicle repairs and some medical expenses, but other losses that may be recovered include the following:
- Medical Expenses: These include current medical bills and future medical costs associated with injuries sustained from the car accident. Because some injuries can become permanent or require long-term care, it’s important to consider the anticipated financial impact.
- Property Damage: Compensation for repairing or replacing a damaged motor vehicle and any personal property destroyed in the accident should be available to car accident victims.
- Lost Wages: Any time missed from work while recovering from injuries affects income. Similarly, permanent injuries may prevent a victim from returning to work entirely. Therefore, lost wages and loss of earning potential may both be included in a settlement.
- Pain and Suffering: Non-economic damages for the physical and psychological impact caused by the accident do not hold a monetary value. However, they are just as damaging to car accident victims as physical injuries are. This is why they also qualify for compensation.
- Loss of Consortium: Loss of companionship or the emotional strain a car accident can have on a relationship with a partner or spouse are also considered compensatable non-economic losses.
Newport Beach car accident attorneys are familiar with how insurance companies operate, which will prevent them from undervaluing their clients’ car accident claims.
4. Confirm if “Negligence” Has Not Been Established
In an assumed minor accident, fault may seem clear. However, if the other driver changes the story and does not accept liability, the car accident case will become complicated, and it will need to be proven the other party is guilty of “negligent” actions. This will require establishing the four factors of negligence to recover compensation.
Duty of Care
This is a legal responsibility and obligation to act with reasonable care to avoid causing harm to others.
When driving, all motorists have a duty to operate their vehicles safely, comply with California driving laws, and adhere to traffic signals and signs. This helps to ensure road safety, minimize the risk of injuries, and prevent car accidents.
Breach of Duty
Once a duty of care has been established, it must be demonstrated that the other driver breached the duty of care.
This means that the defendant failed to act with reasonable care, resulting in a deviation from the standard of driving conduct expected of another driver in similar circumstances. A breach of duty increases the risk of harm to others.
Causation
Even if a defendant’s negligence has been established, it must still be proven that those actions directly caused the plaintiff’s injuries.
To establish liability, it must be presented that the defendant’s conduct was the proximate cause of the victim’s ensuing financial, emotional, and physical harm.
Damages
To receive compensation for car accident-related losses, it must be demonstrated that damages were sustained. While non-economic losses such as pain and suffering can also be compensated, it is generally necessary to establish objective losses first, such as lost wages or medical bills.
An experienced car accident attorney will gather supporting evidence to indicate the devastating effects (both financial and mental) the event has had on the victim, then draft a settlement demand letter to the at-fault party’s insurance company. This ensures all damages are accounted for.
5. Determine the Cause of the Car Accident
Investigating the cause of the car accident is pivotal in the case, as it can also prove who is at fault. Because Southern California traffic is a regular occurrence and with so many motor vehicles on the road (over 35.7 million registered vehicles statewide), Newport Beach car accidents can result from the following reasons.
Speeding
Driving at excessive speeds poses a significant risk to all road users. Drivers may lose control of their vehicles or be unable to stop in time to avoid a collision. Conversely, driving below the speed limit can also be dangerous.
Car accidents involving speeding do not only cause catastrophic injuries, but they can lead to wrongful death accidents, as well. It has been reported that speeding accounts for an average of over 33 deaths per day.
Distracted Driving
Many car crashes are caused by drivers simply not paying attention behind the wheel. Unless fully engaged in driving, motorists make themselves and others more susceptible to being involved in a collision.
While texting and cell phone use are commonly associated with distracted driving, other activities such as eating, adjusting the radio, browsing podcasts, plugging in a GPS route, or engaging in conversation with a passenger can also be significant distractions, resulting in an accident.
Driver Error
A substantial number of car accidents result from driver carelessness, recklessness, or negligence. This can be exhibited by disregarding traffic laws and driving aggressively.
Impatient drivers can endanger other road users by disregarding red lights, failing to yield, ignoring stop signs, and engaging in other dangerous driving behaviors. Such actions increase the risk of collisions with careless drivers who ignore traffic signs.
Reckless drivers who change lanes without checking their blind spots can inadvertently cause accidents. Additionally, aggressive drivers may initiate a crash through reckless behaviors such as tailgating, brake checking, or cutting off other vehicles.
Hit-and-Run Car Accident
It is illegal to leave the car accident scene until insurance and contact information have been provided by all involved parties. If a driver flees, that individual may face jail time and other legal consequences if located.
However, if the hit-and-run driver is not identified, the victim may use their insurance company to compensate for some damages, like vehicle repairs and medical bills. Uninsured motorist coverage must be part of the victim’s policy to utilize these benefits. Newport Beach car accident lawyers can assist and clarify these details.
Driving Under the Influence
Driving while intoxicated, whether from alcohol or drugs (prescribed or illegal), is not only prohibited by California law, it is dangerous for all parties involved.
Substance abuse impairs a driver’s ability to make sound judgments and decisions. Ultimately, this affects reaction time, accurately judging distances, and reacting appropriately to road conditions, all increasing the risk of car accidents.
Vehicle Defects or Malfunctions
The safe operation of a motor vehicle relies on numerous components. Defective or malfunctioning parts, such as tires, brakes, steering systems, airbags, or seatbelts, can contribute to car accidents.
Is the Insurance Company Being Difficult?
To prevent liability and compensate victims for as little as possible, insurance companies have been known to implement deceitful tactics and prolong case resolutions.
An insurance adjuster may attempt to settle a personal injury claim right away and for the minimum amount possible. The other party’s insurance company may offer a settlement that does not fully compensate for total losses.
Consequently, the settlement offer may be insufficient to cover current and future medical expenses, vehicle repairs, or other damages.
Furthermore, an insurance company may dispute liability or attempt to shift blame on another party, including the injured victim. This not only causes delays, but resolving the insurance claim will also be prolonged.
An experienced lawyer possesses the knowledge and skills to obtain the maximum compensation on a client’s behalf. If the insurance company is difficult, a personal injury lawsuit may be filed.
Newport Beach car accident lawyers who have operated under similar circumstances will advise when litigation in a personal injury case is necessary, and they have the resources to gather the necessary evidence to present a strong case before a judge and jury.
An insurance company will not prioritize car accident victims’ best interests. Before signing or accepting a settlement offer, consulting with an experienced car accident attorney is advisable. This protects a case’s value and ensures the victim gets the best offer available.
Schedule a Free Consultation with the Top Newport Beach Car Accident Lawyers
Navigating the aftermath of a personal injury case to recover compensation alone can be challenging. A Newport Beach car accident lawyer experienced in personal injury law can improve the chances of a successful recovery and negotiate a fair settlement.
If you are unsure whether to hire a Newport Beach car accident attorney for your accident, minor or major, scheduling a free consultation can provide clarity.
Beach Accident Attorneys offers a free case evaluation to all victims seeking legal answers. During this consultation, you can discuss the details of your accident, including any injuries, property damage expenses, and other relevant information.
Our experienced personal injury lawyers have achieved a 99% success rate and have recovered millions of dollars in compensation for our clients.
