California auto accident settlement problems are not uncommon.
There were 3,835 fatal car accidents that happened on California roads, in 2006 alone. This is according to the National Highway Traffic and Safety Administration.
This isn’t even to mention the thousands of accidents that happened that were serious injuries or minor injuries.
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If you have been involved in a CA auto accident, and you were proved to be the innocent party, you may be trying to get a California auto accident settlement. Before you move forward, you need to understand that California operates on a pure comparative fault system. What this means is, if you were injured, and are partially at fault for your injuries, the amount of money you get will be lessened by the percentage of fault you have in the CA auto accident.
Understand Pure Comparative Fault
To better understand pure comparative fault, you can look at it like this. If you get into an accident in your auto and have $10,000 in damages that you have to be paid, but you were 10 % at fault, you would only get $9,000. There are twelve states besides for California that go with the comparative fault rule.
Before trying to get a California auto accident settlement, you need to make sure you have everything in order with your own insurance. There are certain requirements for CA drivers, and if you did not go by those requirements, you may not be able to get settlement money at all. Make sure you are always properly insured in case you have an accident. You should look into getting uninsured motorist insurance besides for insurance that covers your vehicle.
Filing an auto accident personal injury claim for your settlement as soon as possible is the best idea. If you have suffered a personal injury in California, you have two years from the date of that injury, or from the date the injury was discovered. Since some injuries, like whiplash, are not always discovered right away, the second part of the law would be there to help you get your California auto accident settlement.
Different Types of Damages
There are different damages you may be able to get according to the law in the state of California. If you have been hurt in an auto accident, and are seeking a settlement, you need to understand what these laws are. If you do not understand about auto accident law, you may leave settlement money on the table.
When you are looking at California law, you will find there are two types of damages recognized. One type is called economic damages and the other kind is called non-economic damages. Pain and suffering would fall into the non-economic category.
It is much more difficult to get a California auto accident settlement that involves pain and suffering. The reason is because this is a difficult thing to measure. While you may feel you deserve a good auto settlement, someone else that did not experience the pain and suffering might think that you are trying to take advantage of the situation.
This state operates under what is known as a tort liability system. This system governs how pain and suffering claims are litigated. This system will allow a jury to decide the amount of damages that will be paid to someone that wants to get a California auto accident settlement. Under this system, there are no restrictions on who can be sued or who can not be sued for personal injury damages.
While the jury may not be a panel of experts, they will receive instructions from the court about the different laws involved. The jury will be informed of their responsibility to make a good decision. It is their job to make sure you get a proper California auto accident settlement if you are due money.
Before you do anything, you should speak with an attorney that will be able to help you understand all of the ins and outs of the law. Things can get very confusing if you allow them to. Whenever you have an attorney to help you get your California auto accident settlement, you are going to be able to do much better in court or even with an out of court settlement.
Before speaking with an attorney about your California auto accident settlement, you should make sure you gather as much proof as possible. Some of the most helpful proof you can gather are the police report, witness testimonies, doctor reports and photos. You can bring any additional proof that you may have. Whenever you come to an attorney highly prepared, you will be able to move forward with your case much more quickly.