No one wants to get into a car accident, especially if that accident results in costly medical bills, time off work, and a totaled car. Once you find yourself in a major crash, it can be difficult to navigate the next steps on your own. After a car crash in Los Angeles, you need experienced legal counsel to handle insurance companies, investigate liability, and pursue full compensation for your injuries and losses.
The car accident lawyers at Vaziri Law, LLP, are ready and willing to negotiate aggressively on your behalf. If negotiations fail, we are prepared to go to trial to get you the compensation you deserve. We have recovered over $1 billion for California injury victims through thorough case preparation, expert negotiation, and trial-ready litigation.
Why You Should Hire a Los Angeles Car Accident Lawyer
Insurance companies employ in-house counsel and independent adjusters trained in claim reduction techniques. They reference Colossus software valuations, apply comparative fault liberally, and dispute causation between the crash and your injuries.
This is done in an attempt to avoid fairly compensating you and reducing the amount of money the company will lose. For example, insurers routinely offer $2,500–$5,000 for injuries that cost $15,000–$30,000 to treat.
Typical car accidents like:
- Rear-end accidents
- Head-on collisions
- Multiple vehicle pileups
- T-bone accidents
can leave lasting injuries and a mountain of expenses. By partnering with a Los Angeles car accident lawyer, you can also avoid losing compensation for future medical care, diminished earning capacity, or non-economic damages beyond a basic multiplier.
Common Reasons Clients Call an Attorney
There are many reasons why people call an attorney after a car accident. These are some of the more common reasons:
- Insurer denied a claim or offered to cover 10-20% of medical bills
- Serious injuries required surgery
- Multi-vehicle crashes
- Hit-and-runs
- Rideshare crashes
- Accident caused permanent disability
- Liable party does not want to take financial responsibility for damages
Do You Need a Lawyer for a Minor Crash?
Typically, accidents that result in property damage under $10,000 with admitted liability can often be handled without an attorney. However, it is better to consult a car accident lawyer in Los Angeles before making any decisions on a settlement. Visit a doctor first to determine the extent of your injuries before accepting an offer.
Serious injuries such as traumatic brain injuries, broken bones, or disc bulges may not manifest until days or weeks after an accident. The manifestation of these injuries can quickly turn an accident from no big deal to a dire matter. If you already agreed to the initial settlement and then find out that your injuries were serious, you’ve lost key compensation.
Avoid taking lowball offers by talking to a car accident attorney from Vaziri Law, LLP, first. There’s no obligation or contract for consultations at Vaziri Law, so you can always choose the best path for your situation.
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How to Protect Your Claim After a Crash
- Call 911 and seek medical care. – We recommend calling emergency services to ensure the safety and health of those on the scene. This also allows you to have a police and medical report that provides us with an expert’s perspective on the accident and your initial injuries.
- Exchange information with other drivers. – Exchange information with the other driver(s). This includes driver’s license information, insurance, and plate numbers.
- Take photos/videos. – Photograph vehicles, skid marks, traffic controls, and damage from multiple angles. Take a video of the scene as well to get a 360 shot of the area. Submit any dashcam footage you may have stored in your device/car as well.
- Collect witnesses (if possible). – Sometimes, there may be witnesses to the accident. Speak to those people and ask if they would be comfortable with sharing their contact information. If yes, forward their contact details to your lawyer.
- Contact a car accident lawyer, – Before speaking to insurers, speak to a car accident attorney. Insurers have no duty of good faith to you under Moradi-Shalal v. Fireman’s Fund and often work solely to minimize payouts. To make sure you get the most you can from an accident, hire a lawyer to negotiate on your behalf.
- Never claim fault. – In a car accident, attorneys will investigate fault using evidence. If you claim fault before that, the other parties will take advantage of that and try to reduce your compensation even if the evidence says otherwise.
What if the Other Driver Doesn’t Have Insurance?
Not all drivers have insurance or don’t have enough insurance coverage. If one of these drivers hits you, your uninsured or underinsured (UI/UIM) motorist coverage can be a backup plan. This can cover your medical bills and car repairs.
In California, all insurance companies offer UI/UIM insurance unless it is waived in writing. To verify that you have this, contact your insurance agent.
What if I Was Injured in a Rideshare?
If you were injured in a rideshare accident, the same steps apply. The only additional step you need to take is to inform the rideshare company when the accident occurs. You can do this via their app or by emailing the company with a receipt of your ride and an official document stating the time the crash happened.
This is a crucial piece of information that determines who is liable for the damages, so don’t forget to report it. Speaking with a rideshare accident attorney from Vaziri Law, LLP, can also help you explore your legal options, including identifying liable parties you may not be aware of.
What Are My Protections in Hit-and-Run Accidents?
In a hit-and-run accident, your UI/UIM insurance will be used to cover your damages. If/when the hit and run driver is caught, they will not only be charged with a felony but also be made responsible for compensating you for any damages or injuries you received because of the accident.
If you hit a car or property and cannot find the owner, you must leave a written note with your contact information and also notify the police.
Filing a hit-and-run case can be easier when you’re working with a knowledgeable legal expert from Vaziri Law, LLP.
What is the Penalty for a Hit and Run?
Depending on the severity of the situation, hit-and-run car accidents in California have different punishments.
- Property damage– If only property was damaged, the hit and run is a misdemeanor and comes with a jail sentence of up to 6 months and a fine of up to $1,000.
- Minor injury– A hit and run that caused injury is known as a wobbler – a crime that can be punished as either misdemeanor or felony depending on the court – and it comes with a maximum of 4 years in prison.
- Fatality or serious injury– If there was a death or serious injury, the hit and run driver can go to prison for a maximum of 4 years and must pay a fine in between $1,000 to $10,000.
What if My Accident Involves a Drunk Driver?
If you were hit by a drunk driver, you can file a case against them just like a regular car accident case. However, you may also receive punitive damages due to the driver’s lack of care for other drivers and pedestrians on the road, especially if they’ve been convicted of a DUI in the past.
It is recommended that you file your case sooner rather than later with a DUI driver. If you wait for a criminal DUI conviction from the initial accident case to make your own claim stronger, you may miss the statute of limitations.
Statute of Limitations for Car Accidents
In California, all parties have up to two years to file a case. If you file a case closer to the two-year mark, you run the risk of losing evidence due to the passage of time. It also makes you look suspicious in the eyes of other adjusters. It’s recommended to file your case as soon as possible.
Liability and Fault Under California Law
When looking to establish liability and fault in an accident, California looks to comparative fault. This tort principle states that everyone involved in an accident may hold some level of fault. The insurance adjusters decide who is responsible for a percentage of the accident using evidence, witness testimony, and expert reconstruction provided by their clients.
All clients can recover a percentage of damages based on the percentage they are not responsible for. For example, if someone is 45% responsible for an accident, they can recover 55% of the award amount from the other parties.
How to Determine Liability
There are four conditions that need to be met when finding liability in a case: duty of care, breach of duty, causation, and damages. All four of these must be proven in order to have a case against someone.
Duty of Care
Duty of care states that other parties involved in the accident had the responsibility to behave in a way that would cause harm to others. This means that to determine liability, the injured party must prove that they were owed duty of care
Breach of Duty
The injured party must prove that the other party failed to meet their duty of care through their actions or lack of action.
Causation
It’s not enough to show that a party failed to meet their duty of care. Injured parties must also prove that this failure was the reason the injuries occurred. Causation is broken down into two types: actual and proximate.
- Actual cause – This states that the other party’s action directly led to your injury.
- Proximate cause – This means your injury was a foreseeable result of the other party’s actions.
Damages
To have a case, you must prove that you suffered damages as a direct result of the accident. Clients must submit records that prove they suffered physical, financial, and/or psychological harm due to the accident at the center of the investigation.
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Car Accident Compensation
When seeking compensation, adjusters will look at the damage a client has suffered because of an accident. These damages are monetarily compensated and are not tax-deductible as they count as compensation, not income. Car accident compensation may include:
Economic Damages
These damages often have fixed prices that are easily calculable. These include past and future medical expenses, lost wages, property damage, diminished earning capacity, funeral costs (in the case of a wrongful death), and home renovations. These expenses need to be submitted through billing records and/or pay stubs to confirm the validity of these costs.
Non-Economic Damages
These damages are difficult to calculate due to the intangible nature of psychological damage. Non-economic damages include emotional distress, loss of consortium, permanent disfigurement, the development of ailments like PTSD, etc.
Courts will calculate the value of these damages in two ways: the multiplier method or the per diem method.
- Multiplier method– The multiplier method adds up the economic damages and multiplies it by a number between 1.5 and 5. This number is based on the suffering the injured party experienced. 5 means the most suffering and 1.5 means the least.
- Per diem method– This method pays the injured party a daily wage for the number of days they are expected to be in pain for. This daily wage often reflects their typical wage.
The Exception: Punitive Damages
Punitive damages are given to a client after it was proven that the offending party was found willingly negligent. Often, this type of compensation is an additional award and does count as income. Therefore, it can be taxed. To confirm the tax status of your punitive damages, consult a tax professional.
Who Can Be Liable in an Accident?
Often times, we think of car accidents as events that only reflect the people in the cars. However, car accidents can quickly become much more complicated depending on the type of vehicle and the person’s occupation. These parties can be placed in one of four categories:
- Drivers– In a car accident between the average drivers, all drivers can be held at fault for an accident.
- Pedestrians– Pedestrians can also be held liable if they are found to have acted in a reckless manner, such as unsafely jaywalking across a highly congested road.
- Third Parties– If you find yourself in an accident with a commercial vehicle, such as a rideshare driver, truck driver, or delivery driver, there may be additional liable parties. This can extend to maintenance services, the company the driver works for, and/or the manufacturer themselves.
- Government– The government can also be held liable for a car accident in very specific cases, such as improperly designed roads, lack of adequate road signage, and more. While federal, state, and local entities hold sovereign immunity, they can be held liable for actions that cause property damage or personal injury. Cases against the government have a six-month deadline to file, compared to the average two years.
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How to Protect Your Case During Negotiations
During negotiations, the other parties will do whatever they can to lower their share of liability to avoid paying more than they want. The following are some ways you can protect yourself from that.
Do Not Consent to Recorded Statements for the Other Parties
If the other party’s insurers call to take a statement from you, do not provide it without your lawyer present or direct them to contact your attorney. Sometimes, if you provide a recorded statement, these agents can use these words against you, especially if you downplay the situation.
Keep Your Social Media Activity Monitored
Many people don’t realize just how exposed a social media account is, and who is reading your posts and updates. It’s no secret that social media can be used in a personal injury case to contradict a plaintiff’s statements, especially if there are any posts about the case.
Keeping your social media private and avoiding any specific posts about your case can be extremely beneficial in the long run.
How to Protect Yourself on Social Media
Social media has become a treasure trove for various insurance adjusters. If you’ve been in a car accident, an adjuster can file a subpoena for your social media account(s). Even if your accounts are private, they can still access your information and use posts dated from the date of the accident and on to build a case against you.
- Do not post photos– Posting photos of yourself can give adjusters the ammunition they need to “prove” you’re active. Even if it’s a photo of a drink or of your pet, they will find a way to make it seem like you’re perfectly fine
- Do not downplay injuries– Your words can be misconstrued by the other parties to present a narrative that you are exaggerating the extent of your pain.
- Do not share your location– If you share your location, the other parties can argue that you’re well enough to be traveling, even if you’re going to the doctor or physical therapy.
- Ask family and friends to not tag you– If a family or a friend tags you to offer well-wishes, that can also be misconstrued by an adjuster.
- Make profiles private– While making your profile private cannot protect you if your social media accounts are subpoenaed, they can protect you from preliminary investigations into you.
Why Work with Us?
Our team at Vaziri Law will guide you through every stage of your claim. We will be fully transparent with you and are happy to answer any questions you may have.
Our team will investigate the crash scene, obtain traffic collision reports, and secure medical records (under HIPAA authorization). This allows us to track your treatment and losses, which will allow us to prepare a demand package on your behalf.
Our Process from Consultation to Resolution
When working with us, we offer a road map so all potential clients can know the process we take to get you the compensation you deserve.
- Free consultation and case evaluation
- Accident report analysis and scene investigation, including evidence collection
- Medical treatment
- Demand package with CVC citations and damage calculations
- Settlement negotiations
- Lawsuit filing (if needed)
- Discovery, depositions, and trial preparation
Don’t let the evidence disappear. Call us at 866-595-7121 to book your free initial consultation with an attorney.
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Frequently Asked Questions
How Long After a Crash Should I Hire a Lawyer?
Call an attorney within days of an accident. If you filed a police report, it can take up to 2 weeks to process. The earlier we are called, the easier it is for us to do our own investigation and send preservation letters to prevent the loss of surveillance footage.
What’s a Contingency Fee?
A contingency fee means you do not pay attorney fees until they recover compensation. This fee is a percentage that is agreed upon before an attorney begins to formally represent you. The average is about 35 percent, but can be higher or lower, depending on the case.
How Long Does the Average Case Take?
This depends on the specifics of your case. Sometimes cases are resolved within 4 to 8 months. Other times, they can be resolved between 1 to 2 years. This depends on evidence, negotiations, and if a case ends up going to trial.
Do I Have to Go to Trial to Get Compensation?
No. Most car accident cases rarely go to trial and are often settled at the negotiation phase. If you do go to trial, it will be for specific circumstances, such as failure to reach a liability or compensation agreement. If this happens, your car accident lawyer will notify you in advance.
How Much Can I Be Compensated For?
That number depends on your case. We look at the damages you experienced and calculate the total to get you that money back, as well as the estimated costs of any future accident-related expenses.
What if My Kid Was Injured in a Car Accident?
If your child was injured in a car accident, you have a few options. You can wait until your child turns 18 and have them file a case on their own. You can also file a case on their behalf by speaking with a Los Angeles car accident lawyer to get compensation for their injuries.
What if My Loved One Passed Away in a Car Accident?
If your loved one passed in a car accident, their immediate family can file a wrongful death suit to recover damages relating to the funeral costs, other economic damages, and non-economic damages as well.
Losing a loved one can be unfathomable, but working with a lawyer to hold responsible parties legally accountable can help ease the financial stress associated with the devastating loss.
Will My Immigration Status Affect My Case?
No! According to California tort laws §351.2 and §351.4, disclosure of immigration status in personal injury cases is prohibited.
What Should I Look for in a Lawyer?
The most important thing to picking a lawyer to partner with is trust. If you don’t trust your car accident lawyer enough to be honest with them, then you should keep looking until you find one. The same applies to an attorney. If an attorney can’t trust you, it’s likely they will not take you on as a client.
You must also check if the attorneys you’re speaking with have worked on cases like yours, have courtroom litigation experience, are accessible, and communicate well via emails or phone calls.
Can I Change Lawyers?
Yes. Contact us to review your retainer agreement. We will handle all the paperwork and resolve prior counsel liens through negotiation or notice motion, if necessary.
Contact Vaziri Law Today!
Vaziri Law, LLP, investigates crashes, handles negotiations, and pursues full compensation for your medical expenses, lost income, and other damages. Contact us today to schedule your free consultation with an experienced Los Angeles car accident lawyer!
