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Accident Litigation
Accident litigation in Sacramento and Santa Rosa
If you suffer an injury as a result of an accident in the North Bay area, you should try to have a thorough understanding of the litigation process. While many accident cases settle out of court, it is best to be prepared for the possibility of litigation.
Considerations when pursuing Sacramento accident litigation or Santa Rosa accident litigation
Throughout California, including Sacramento and Santa Rosa, accident laws govern the litigation process. The following is a list of important points involved in litigation:
- California statute of limitations - California's statute of limitations for filing a personal injury claim is two years from the date of your injury. Consult a local California attorney with experience in Sacramento or Santa Rosa accident litigation to discuss your options.
- Proving negligence - In order to be compensated for damages, you must prove the defendant was negligent.
- Comparative negligence - California has a comparative negligence law, meaning that if you are partially responsible for your own injury, the damages owed by the defendant might be lowered depending on the percentage of fault for which you are each held accountable. But there is a caveat.
- Joint and several liability rules - The state also follows a set of rules that require those who caused you harm through their negligence to pay for the entire amount of your economic damages, e.g., medical expenses and loss of wages. However, compensation for your non-economic damages, such as pain and suffering and emotional distress, is awarded based on the state's comparative negligence law. This rule can result in you getting less than you deserve if the wrong defendant is sued.
Filing accident litigation in California
The typical progression of an accident lawsuit includes the following steps. It is in your best interest to participate as fully as you are able throughout the process to maximize your compensation:
- Initial consultation - An initial discussion with an experienced California accident attorney can tell you whether you have a case worth pursuing
- Discovery - Your accident lawyer investigates your accident and collects important evidence, such as witness statements, photos, and police reports, from both you and the defendant. Your accident attorney analyzes the evidence and may call upon experts to determine the other party's negligence. You need to provide documentation on your medical expenses, loss of wages, and other financial distresses. Your lawyer assesses the level of compensation you deserve. Your lawyer also issues a demand letter to the defendant and the defendant's attorney that states your claim.
- Settlement - Many accident cases settle without a court trial. These settlements may take rounds of negotiations with the defendant's legal counsel and insurance company. But if settlement is not possible, you and your attorney can pursue litigation.
- Litigation - You may have to appear in court. Your accident attorney will have filed all appropriate papers with the court and will have prepared your case with the possibility of litigation in mind from the outset.
If you or a loved one has been injured in an accident in Santa Rose or Sacramento, accident laws protect your rights. At Teal Montgomery & Henderson, we work aggressively to uphold your rights at every step of the litigation process.
Free consultations for accident victims
We offer a free telephone, online, or in-person consultation. Our Santa Rosa and Sacramento personal injury and accident attorneys listen to you, consider the facts, and give you our best advice. For the Santa Rosa office, call 707-284-0050 or for Sacramento, call 916-596-2716. You can also reach us toll free at 866-878-5267.
