Los Angeles Car Accident Lawyer

Los Angeles Car Accident Attorney

Los Angeles is one of the busiest metropolitan areas of the United States as a whole. Millions of drivers make their way through the city every day, and the Los Angeles area is a hotbed for traffic accidents of all kinds. Year after year, Los Angeles County reports some of the highest countywide accident rates in the state, and it is possible for any car accident to cause life-changing harm to those involved. Car accidents are a leading cause of personal injuries and accidental deaths throughout the United States each year, and it is vital for all drivers to know how to resolve these situations and secure recompense for their damages.

Helping Los Angeles, CA, Car Accident Victims Recover

The state upholds the fault rule for resolving car crashes, meaning the driver at fault for an accident absorbs liability for the damages they cause. Proving fault is an essential first step for any car accident victim in Los Angeles, and their recovery is likely to require both an auto insurance claim and a personal injury suit against the at-fault driver. Reliable legal counsel is an invaluable asset for anyone facing these proceedings in Los Angeles.

Heimanson & Wolf, LLP, is a team of seasoned Los Angeles personal injury attorneys who have successfully assisted many past clients in their civil claims for damages. Car accidents are a leading cause of personal injuries and represent a large portion of the past cases we have handled. If you or a loved one is struggling with injuries and financial losses that another driver caused in Los Angeles, we have the skills, resources, and experience necessary to ensure full accountability for the harm they’ve done.

Benefits of Hiring a Los Angeles Car Accident Attorney

It is technically possible for the victim of a car accident in Los Angeles to pursue compensation on their own. There is no law requiring the victim to hire legal representation, but doing so can dramatically improve their chances of maximizing their recovery. The average person is likely able to manage an auto insurance claim and calculate their immediately recognizable damages, but an experienced attorney can ensure their client secures maximum recompense for the losses they suffered.

When you have an experienced Los Angeles car accident attorney representing you, they can handle all your legal affairs following the accident so you can focus on your medical needs. Heimanson & Wolf, LLP, can assist you with the initial aftermath of the accident, helping you gather the evidence needed to prove fault and file your insurance claim. If insurance cannot fully compensate you for your damages, we are prepared to help file a personal injury suit against the at-fault driver, seeking as much compensation as possible for the damages you suffered.

Hiring legal counsel you can trust not only makes every aspect of your recovery process easier to handle but also more likely to generate the results you hope to see. When you have experienced legal representation on your side, you can create a more compelling civil case, address disputes with insurance carriers, and ultimately reach much better results than you could expect if you tried to handle the case on your own. Our goal in every car accident case we accept is maximum client compensation.

Common Causes of Car Accidents in Los Angeles, CA

Car accidents can happen for many reasons, and proving liability for your recent accident is the first challenge you face if you intend to secure full recompense for the losses you suffered. A few of the most commonly cited causes of car accidents in Los Angeles include:

• Inattentive and distracted driving. Cell phone use behind the wheel and other distractions are the leading cause of all vehicle accidents in the United States each year. Whenever a driver is not paying full attention to their surroundings, they can easily cause serious accidents; proving that an at-fault driver was distracted behind the wheel can be very challenging. Our team can help gather evidence like the at-fault driver’s cell phone records to prove they were inattentive behind the wheel.
• Whenever a driver speeds, they put themselves and others at risk. Speeding not only increases the chance of an accident but also the severity of any resulting damages. Throughout the United States, speeding is a leading contributing factor to fatal vehicle crashes each year. Your Los Angeles car accident attorney may seek the other driver’s vehicle computer data, traffic camera footage, and other evidence to prove they were speeding when they caused your accident. Excessive speeding may lead to reckless driving charges, especially when speeding causes an accident.
• Traffic violations. The traffic signals and road signs throughout Los Angeles exist to help drivers anticipate the actions of other drivers and navigate traffic safely. When drivers negligently fail to follow traffic signals and commit moving violations, they can easily cause accidents. Illegal turns, failure to stop for red lights and stop signs, and failure to yield the right-of-way are just a few examples of how moving violations can easily cause serious accidents in Los Angeles.
• Vehicle maintenance problems. All drivers have a responsibility to address known performance issues with their vehicles as soon as they become aware of them. If a driver fails to have a mechanical issue addressed, it could easily result in a serious accident. It is also possible for liability for an accident to fall to a service center or a mechanic if they failed to conduct proper maintenance on a vehicle or introduced a dangerous safety issue with negligence.
• Driving under the influence (DUI) of drugs or alcohol. It is illegal for any driver to operate a vehicle while intoxicated by a substance. Penalties for DUI generally include fines, jail time, and driver’s license suspension, and the judge handling sentencing has the discretionary authority to assign additional penalties they deem appropriate. DUI can not only increase the severity of an accident but causing bodily harm or death will significantly increase the at-fault driver’s sentence. For example, causing great bodily harm to a victim could escalate their offense from a misdemeanor to a felony.

These are only a few examples of possible causes of car accidents in Los Angeles. If you find yourself in the aftermath of a car crash that someone else caused, the first steps you take following the incident can significantly impact your recovery efforts. You will need to prove the exact cause of the accident before you can recover any compensation for your losses.

Even if you think that fault for your accident is perfectly clear, gathering the evidence and witness testimony you will need to firmly establish liability is likely to be more challenging than you expect. This is especially true if you suffered serious injuries or if you have minimal recollection of how the accident happened. Your Los Angeles car accident attorney can be an invaluable asset for piecing together the details of how the accident happened and identifying the driver or drivers responsible for your damages.

Important First Steps After a Car Accident in Los Angeles, CA

The initial aftermath of any accident can be extremely stressful, but knowing what to do in this situation can dramatically improve the outcome of subsequent recovery efforts. If you are severely injured, you should not move and risk making your injuries worse. Wait for first responders to arrive and provide medical care. If you feel well enough to move, check yourself and your passengers for injuries before checking on the occupants of the other vehicles involved in the crash. Report the accident to 911 if no one else has already done so.

When the police arrive, they will conduct a preliminary examination of the accident scene and interview those involved. Answer their questions honestly and concisely but be careful not to imply that you are responsible for the accident. You should try to take photos of your injuries, the damage to your vehicle, and the positions of the vehicles on the road before the police clear the accident scene. These photos could be invaluable to your recovery efforts.

Once the police allow you to leave, you should seek medical care immediately, even if you think your injuries are minor. Prompt medical attention can rule out serious injuries that have not yet caused noticeable symptoms. After seeking medical care and obtaining a copy of the police report from the accident, your next move should be to contact an experienced Los Angeles car accident attorney. You have a very limited time in which to pursue compensation, and the sooner you connect with experienced legal counsel, the more time they will have to work on your case.

Filing an Auto Insurance Claim for Your Los Angeles Car Accident

Every driver is required to have personal auto insurance. This insurance comes into play when the policyholder causes an accident and inflicts losses on another driver. The injured party has the right to file a claim against the at-fault driver’s insurance policy to recover recompense for their damages, and at minimum, an auto insurance policy in the state must include:

• $5,000 or more for property damage, such as vehicle repair costs.
• $15,000 or more for bodily injury to a single person.
• $30,000 or more for bodily injuries to multiple persons.

Though not required by law, drivers are strongly encouraged to purchase uninsured driver coverage. This allows the driver to file a claim against their own policy if an uninsured driver causes an accident. If they do not have this coverage, and if the at-fault driver does not have insurance, they can file a personal injury suit to recover compensation.

Dealing with any insurance carrier can be difficult. These organizations typically aim to avoid paying settlements whenever possible, and some even engage in bad faith tactics to limit how much they pay on claims. When you have an experienced Los Angeles car accident attorney representing you, an insurance company is less likely to attempt any bad faith handling of your claim.

Your Los Angeles car accident attorney can assist you with filing your insurance claim, resolving any disputes that arise between you and the at-fault driver’s insurance carrier, and ultimately ensuring that you receive a fair settlement under the terms of their policy. Once you secure as much compensation as possible through insurance, the next phase of your recovery efforts will be filing a personal injury suit against the at-fault driver if their insurance cannot fully compensate you for your damages.

Building Your Personal Injury Claim for a Los Angeles Car Accident

Most personal injury cases filed in Los Angeles arise from acts of negligence, or failure to use reasonable care. It is also possible for illegal misconduct to generate a personal injury case. If you cannot recover the scope of your damages from a car accident through auto insurance, you can file a personal injury case against the driver who caused the accident. This requires proving that their actions directly caused your claimed damages and proving the full extent of those damages. Additionally, you must prove causation, meaning you need to show that your damages would not have occurred if not for the defendant’s negligence.

The objective of a personal injury claim is for the plaintiff to secure the compensation they need to be as whole as possible again after a defendant has injured them. Your Los Angeles car accident attorney can assist you in calculating all the damages you can include in your complaint and then help you file the complaint with the local court.

Claimable Damages in Your Car Accident Case

Under the state’s personal injury statutes, the victim of a car accident is entitled to claim full recompense for the entire scope of economic damages the defendant inflicted with their actions. Any car accident has the potential to inflict severe losses, and the economic damages you could potentially recover from the defendant may include:

• Vehicle repair or replacement costs not covered by insurance. Any outstanding property losses that the defendant’s insurance cannot cover can be included in your civil suit. This includes any personal belongings inside of your vehicle that were damaged or destroyed in the accident. If your vehicle is damaged beyond repair, your attorney can assist you in securing full recompense for the actual cash value of the vehicle.
• Medical expenses. The at-fault driver’s insurance may cover some of your medical expenses, but if you suffered any serious injuries, you will likely need to pursue recompense for the remainder of your medical expenses with your personal injury claim. California law dictates that the defendant responsible for injuring you is liable for medical expenses now and in the future resulting from your accident. Your attorney can work with your medical team to determine the full spectrum of care you will likely need to achieve maximum medical improvement from your injuries.
• Lost wages. When you cannot work after a car accident, the driver who caused the accident must replace the income that you cannot earn. Additionally, if your injuries are severe enough that you will be unable to earn as much income or return to work at all in the future, the defendant is liable for these future losses as well.

After calculating both all your economic losses with the help of your Los Angeles car accident attorney, you might discover that you can claim considerably more than you expected initially. Your recovery does not end with your economic losses, however. State law also enables the plaintiff in a personal injury suit to seek recompense for the pain and suffering they experienced because of a defendant’s negligence or illegal misconduct.

How to Calculate Pain and Suffering in a Car Accident Claim in Los Angeles, CA

California’s personal injury laws allow the plaintiff in a civil claim to seek recompense for the physical pain, emotional distress, and psychological trauma a defendant inflicted on them. The average person is likely to find it difficult to assign financial values to intangible losses like these, but an experienced attorney can help their client maximize the non-economic damages they obtain from a defendant. Depending on the nature and severity of the plaintiff’s injuries, expert witness testimony could help them make a more compelling case for maximum pain and suffering compensation from the defendant. For example, a medical professional may attest to the psychological impact of the accident and the scope of effects the victim’s physical injuries could have on their overall quality of life.

Your Los Angeles car accident attorney might use the multiplier method to determine appropriate pain and suffering compensation if you suffered significant life-changing injuries. This involves multiplying the total of your economic damages by a factor representative of the severity of your injuries. For example, they may seek one to five times the total of your economic losses if you suffered any long-term or permanent harm from the defendant’s actions. Alternatively, if you are expected to make a full recovery in the short term, your attorney may use a per diem calculation. This entails a set amount of compensation awarded per day until you reach maximum recovery from your injuries. For example, if your attorneys set a daily rate of $200 and it takes you 100 days to fully recover, this will amount to $20,000 in pain and suffering compensation.

There is no limit on pain and suffering compensation in a car accident claim in the state. If you suffered any severe injuries due to the defendant’s actions, the pain and suffering compensation you obtain may amount to the majority of your total case award. Heimanson & Wolf, LLP, can work with you to determine a suitable amount of pain and suffering compensation to seek from the defendant who injured you. Our goal in every personal injury case we accept is maximum recovery for our client.

What You Can Expect From a Los Angeles Car Accident Attorney

Choosing the right attorney to represent you in a car accident claim can make a tremendous difference not only in the quality of your experience with your recovery efforts but also in their final outcomes. Whether you expect to secure full compensation through insurance alone or you anticipate filing a personal injury suit against the at-fault driver, having legal counsel you can trust on your side can make all your recovery efforts easier to manage and more likely to generate the results you hope to see.

When you hire Heimanson & Wolf, LLP, to represent you in a car accident case, you are investing in years of legal experience and a trustworthy team of legal advocates ready to provide the support and reassurance you need in this difficult time. Our team has extensive experience dealing with the major auto insurance carriers in Los Angeles, so we are confident in our ability to secure as much compensation as possible through your insurance claim. However, when insurance cannot fully cover your losses or an at-fault driver does not have insurance, we are prepared to build a compelling personal injury suit on your behalf that aims for maximum recovery.

If you need to file a personal injury case against the driver who caused your accident, we will aim to settle the case as soon as possible for as much compensation as possible. However, a settlement requires the defendant to be willing to compromise, and if they dispute any aspect of your claim, we are ready to represent you if we have to go to court. Every client faces different challenges and opportunities as their case unfolds, but no matter what your car accident claim entails, you can rely on the team at Heimanson & Wolf, LLP, to provide ongoing support and reassurance through every stage of your recovery efforts.

FAQs About Los Angeles, CA Car Accident Law

Can I Still File a Claim if I’m Partially at Fault for a Car Accident?

The state uses the pure comparative fault standard in any civil claim in which liability is shared by more than one party. If you are found partially liable for a recent car accident, you can still seek compensation from the other driver. Each liable party will have a fault percentage assigned to them, and if the plaintiff is found partially at fault, their fault percentage is taken from their case award as a penalty. For example, 10% fault means losing 10% of the total compensation won from the defendant. Comparative fault may also factor into insurance claim determinations.

What Happens if a Car Accident Is Fatal in Los Angeles?

In the unfortunate event that a car accident takes the life of your loved one, you are likely eligible to file a wrongful death suit against the driver who caused the fatal accident. This type of civil suit replaces the personal injury claim the victim could have filed if they survived. Additionally, while a personal injury claim seeks recompense for the victim’s losses, a wrongful death suit focuses on securing recompense for the surviving family.

How Much Is My Car Accident Claim Worth in Los Angeles?

The total potential value of your car accident claim depends on the scope and severity of the damages you suffered. Once you prove that another driver is directly responsible for causing your accident, you have the right to hold them accountable for the full range of damage they inflicted, including vehicle repair costs and other property damage, medical expenses, long-term medical treatment costs for serious injuries, lost income, and lost earning power. You can also seek pain and suffering compensation. Your Los Angeles car accident lawyer can provide an estimate of your case’s total potential value.

How Long Do I Have to File a Car Accident Claim in Los Angeles?

If you intend to file an insurance claim after your accident, you have a very limited time in which to do so. You must at least notify the at-fault driver’s insurance carrier of the accident and your intent to file a claim within a few days, but you should refrain from discussing a settlement without an attorney advising you. If you must file a personal injury suit against the at-fault driver, California law provides a two-year statute of limitations for personal injury actions.

How Much Will It Cost to Hire a Los Angeles Car Accident Attorney?

Most of the personal injury attorneys representing car accident victims in Los Angeles work on a contingency fee basis. This means the client pays nothing upfront. They face no ongoing fees for representation. The attorney only takes a fee once they win recompense for the client, and it is only a portion of the total amount they recover. Before signing a contract for any attorney’s representation, it is important to know their billing policy so there are no surprises in terms of your legal fees at the end of your case.

Contact Us Today

The attorneys at Heimanson & Wolf, LLP, have years of professional experience representing car accident victims in Los Angeles and surrounding communities. We know how traumatic these incidents can be and the many legal questions a victim is likely to have in the aftermath of a serious accident. Whatever your case entails, you can rely on our firm to provide ongoing support and guidance as your recovery efforts unfold. If you are ready to learn what our firm can do for you in the aftermath of an accident, contact us today to schedule your consultation with a Los Angeles car accident attorney.