Whittier Car Accident Lawyer

Whittier Car Accident Attorney

Car accidents can happen virtually anywhere with very little warning and for many possible reasons. Experiencing any type of vehicle accident can be damaging and traumatic, and it is natural for any car accident victim to wonder how they can recover their damages after such an event. If you or a family member recently sustained injuries and financial losses from an accident that another driver caused, a Whittier car accident lawyer can help you recover.

Representing Car Accident Victims in Whittier, CA

The attorneys at Heimanson & Wolf, LLP, have successfully represented many past clients in a wide range of car accident cases. Whether you believe you can fully recover your damages with just an insurance claim or you are bracing for a more expansive personal injury suit in Whittier, we can help.

When you hire our firm as your legal representation, you can expect responsive, compassionate communication with our team through every stage of your case, close attention to detail in uncovering all your available avenues of compensation, and decisive action when it comes to streamlining your recovery efforts and securing the compensation you deserve for your damages. Our goal is to help you recover the maximum compensation possible under state law.

We can assist you with proving liability for your car accident, filing an auto insurance claim against the at-fault driver, and building a personal injury suit when insurance alone cannot fully cover your losses. If you encounter any issues with an insurance carrier or if an at-fault driver denies liability for your damages, our trustworthy team can help overcome any such issues you face as you seek accountability and the compensation you deserve.

How to Prove Liability for Your Recent Car Accident in Whittier

Before you can recover any compensation for the damages you sustained in your recent accident, you must prove exactly how the accident happened and identify the party responsible for causing it. This will require various forms of evidence, and proving liability could be more challenging than you initially expected if you do not have seasoned legal counsel assisting you.

The majority of car accidents reported in Whittier and surrounding areas happen because of driver negligence. The term “negligence” defines any failure to act with reasonable care behind the wheel. Proving negligence in a legal matter requires evidence that the defendant owed the plaintiff a duty of care, violated that duty of care, and directly caused the plaintiff’s claimed damages. The plaintiff may claim compensation only for the results of the defendant’s actions.

Driver negligence takes many forms, and a few of the most commonly cited examples of driver negligence in Whittier include:

• Speeding. This is inherently dangerous because it reduces the time and distance a driver has to slow down or stop to avoid a collision if traffic conditions suddenly change. It’s possible for a driver to face a criminal charge for reckless driving if they excessively speed, especially if they cause an accident.
• Traffic violations. Drivers are expected to follow the rules of the road at all times. When a driver fails to yield the right-of-way where appropriate, performs an illegal turn, or fails to stop for a red light or stop sign, they can easily cause a serious accident. Traffic camera footage is often vital for proving liability for accidents caused by traffic violations, especially in busy metropolitan areas.
• Distracted driving. While the state has banned the use of cell phones while driving, texting while driving continues to be a common cause of accidents throughout the state. Any distraction behind the wheel can potentially cause a devastating collision, and your Whittier car accident lawyer can help gather whatever evidence you may need to prove a defendant was distracted behind the wheel when they caused your accident.

You may need several forms of evidence to prove a driver was negligent behind the wheel. It is also possible for a driver to cause an accident by breaking the law. The most commonly cited example of this is driving under the influence (DUI) of alcohol or drugs. DUI is one of the most frequently prosecuted crimes in the state, and an accident caused by drunk driving can lead to both civil and criminal court proceedings.

Whenever any party has broken the law in causing a personal injury, the victim has the right to pursue compensation for their losses in civil court while the state will file criminal charges against the defendant. The penalties for breaking the law almost always increase when a defendant has harmed a victim, and the plaintiff in a civil suit could secure additional compensation to reflect the illegal nature of a defendant’s actions.

Filing Your Auto Insurance Claim in Whittier

Your first option for recovering from any car accident in Whittier is to file an auto insurance claim against the at-fault driver. Every driver in the state is legally required to have auto insurance that meets basic coverage requirements for bodily injury and property damage. At a minimum, a policy must include at least $15,000 for bodily injury liability coverage for a single person, and this must expand to at least $30,000 for bodily injuries to multiple persons in one accident.

Additionally, the policy must include at least $5,000 for property damage, such as vehicle repair costs. These coverage amounts may be sufficient after a minor accident, but if you suffered any serious injuries, then you will be unlikely to secure full compensation for your losses from a minimum coverage auto insurance policy. Your Whittier car accident lawyer can help resolve your claim quickly, and if you have outstanding damages, they can help build your civil suit.

Recovery With a Personal Injury Suit

The main objective of any personal injury claim is to hold a defendant accountable for the damages they caused and for the plaintiff to recover compensation for those damages. After proving liability for your accident and recovering as much as possible through insurance, all remaining losses must be cited as damages in your personal injury claim against the at-fault driver.

If an at-fault driver does not have insurance, you can file a claim through your own policy if you have purchased uninsured motorist coverage. If not, you must file a personal injury suit against the at-fault driver. Your Whittier car accident lawyer can help determine the full range of the damages you can include in your civil suit, such as:

• Property damage. If the defendant’s insurance can’t cover all your vehicle repair or replacement costs, any remainder can be sought through a personal injury claim. You can also claim compensation for personal belongings that were damaged inside your vehicle.
• Medical treatment costs. Car accidents can cause severe injuries, some of which will require ongoing treatment. The defendant in your claim is fully responsible for all medical expenses you incur from the accident they caused. This includes any projected future medical treatment costs if you require ongoing care to reach maximum medical improvement.
• Lost wages. Some car accident victims are injured badly enough that they cannot work for extended periods of time. If this applies to your situation, the defendant is liable for the wages you are unable to earn during recovery. You could expand this into claiming compensation for your lost future earning potential if they caused a permanent disability that will prevent you from returning to work in the future.
• Pain and suffering compensation. California law allows a personal injury plaintiff to seek financial compensation that reflects the severity of the physical pain, emotional suffering, and psychological trauma they experienced because of a defendant’s actions. There is no limit to how much you can claim, but the amount you seek with your civil suit should reasonably reflect the overall extent and severity of your experience.

You might understand your economic damages, but accurate calculation of projected future damages and determining appropriate pain and suffering compensation will be difficult without an attorney’s guidance. Your Whittier car accident lawyer may be able to help you secure far more compensation than you initially expected at the outset of your case, but it’s vital to work quickly to secure the legal representation you need in this situation.

When you choose Heimanson & Wolf, LLP, to represent your car accident case in Whittier, we will work diligently to uncover every recovery option available to you and determine the optimal path to securing compensation as swiftly as possible. A good attorney should be able to resolve a straightforward auto insurance claim within a few weeks, and most personal injury claims filed are settled outside of court.

Our firm can help prepare you for every eventuality you could encounter with your recovery efforts. We generally aim to help our clients settle their cases if possible, but we have the experience and resources required to handle intense litigation if necessary. You can rely on us to gather the evidence you need to prove fault and to establish the full scope of your claimable damages, maximizing your final recovery as much as state law allows.

FAQs

Q: How Do You Prove Fault for an Auto Accident in Whittier?

A: Proving fault for any car accident will likely require multiple forms of evidence. Your Whittier car accident lawyer can help obtain physical evidence from the scene of the crash, leverage any photos you managed to take of the damage to your vehicle and your injuries immediately following the accident, witness testimony, and various forms of digital evidence in helping you prove liability.

Q: Is California a No-Fault State for Car Accidents?

A: In a no-fault state, drivers use their own insurance to cover damages after an accident, regardless of who caused the accident. California is not a no-fault state, and proving fault for an accident is a vital first step in any injured driver’s recovery process. A Whittier car accident lawyer can be an invaluable resource if you are unsure how to determine liability for your recent accident, and once you do, you can hold the at-fault driver accountable for your damages.

Q: Can I Still Recover Damages if I’m Partially Liable for an Accident?

A: Yes, it is possible for you to bear partial responsibility for your recent accident but still recover compensation from the other driver. The state enforces a pure comparative fault rule, so any fault you hold for an accident will be reflected with a fault percentage, and you will lose this percentage of your case award as a penalty. Bear in mind that comparative fault can potentially influence the outcomes of both an auto insurance claim and a personal injury claim.

Q: How Long Do I Have to File a Car Accident Claim in Whittier?

A: You face a two-year statute of limitations for filing a personal injury claim in the state, and this statute of limitations begins on the date an accident occurs. For your insurance claim in Whittier, CA, you have only a few days in which to report your accident to the at-fault driver’s insurance company and notify them of your intent to file a claim. If you do not meet these deadlines, you will significantly diminish your recovery.

Q: What Does It Cost to Hire a Whittier Car Accident Lawyer?

A: Most attorneys representing personal injury claims do so on a contingency fee basis. This means a client pays a percentage of their final award to their attorney as their fee, but only if they win their case. There is no fee if the attorney cannot obtain a recovery. Some attorneys charge hourly rates, and others offer flat fee billing for compartmentalized legal services. Always verify an attorney’s billing policy before agreeing to their representation.

The attorneys at Heimanson & Wolf, LLP, have years of experience handling a wide range of complex personal injury cases and all types of car accident claims for clients in Whittier and surrounding communities. If you are unsure how to recover and need the help of an experienced Whittier car accident lawyer, contact our team today and make your appointment for a free consultation to learn how we can assist with your recovery.