As part of Orange County and the Los Angeles metropolitan area, Garden Grove is no stranger to car accidents. Indeed, road conditions in Garden Grove are often heavily trafficked, as thousands of motorists drive through the city each day.
While car accidents may seem inevitable, our Garden Grove car accident lawyers know that most of the time, crashes are entirely preventable. If you have been involved in an accident in Garden Grove caused by another’s fault, our lawyers are here to help you pursue damages and recover the settlement that you need and deserve. Reach out to our law firm today to get started.
Liability Following a Car Accident
In California, which adheres to tort liability (at-fault) recovery system, liability for a car accident is based on negligence. As such, after a car accident in Garden Grove, the liability insurance company of the at-fault party is responsible for paying for damages (if liability insurance does not exist, the responsible party may be liable for damages out-of-pocket).
In order to determine liability, a thorough investigation must be opened. This investigation will consider various forms of evidence in order to make a fault determination, including:
- Photographs of the accident;
- Cellphone records (to determine if the use of a cellphone caused the accident);
- Event data record information from vehicles;
- Eyewitnesses’ testimonies;
- A police report;
- Drivers’ statements;
- Physical evidence; and
Often times, accident reconstruction experts are called in to reconstruct the crash and determine what happened. Once fault is determined and the degree of damages is assessed, a claim can be filed. Parties who may be held liable in a crash include either of the drivers involved, a vehicle or vehicle part manufacturer or distributor, a government entity, or another third party depending on the circumstances of the accident.
Comparative Negligence in a Garden Grove Car Accident Claim
Proving liability, as stated above, is critical to being able to recover your full compensation amount. One tactic that an insurance adjuster may use to reduce the value of your claim, though, is alleging that you contributed to the accident through some form of negligence. If this argument is successful and the insurance company can prove that your negligence contributed to the crash or to your injuries, your settlement amount can be reduced. This is per the rule of comparative negligence, which holds that while a claimant cannot be barred from recovery if they contribute to their own injuries, their settlement award can be reduced in proportion to their degree of fault. In other words, if you are found to be 15 percent to blame for your crash/injuries, then the other party will only be liable for 85 percent of your damages.
How Working with an Attorney Can Improve the Outcome of Your Garden Grove Car Accident Case
If you have been in a serious car accident, you may be facing large medical expenses, lost wages, and property damage costs. These costs can be oppressive, and as you heal from your injuries, these expenses may lead to stress, anxiety, and worries about your future.
After a car accident that results in serious losses, there can be great comfort in a car accident settlement, which can offer compensation for both economic and noneconomic losses. However, a fair car accident settlement isn’t guaranteed, and an insurance adjuster may be looking for ways to reduce the value of your claim and offer you less than you deserve. Being offered a settlement that barely covers a fraction of your expenses can be devastating.
Working with a skilled Garden Grove car accident attorney can help. At the offices of El Dabe Ritter Trial Lawyers, our team of lawyers knows how to improve the outcome of your car accident claim. Here’s how we help you recover the maximum amount of damages available–
- Investigating your crash. In order to disprove any allegations of fault made against you and to prove the fault of the responsible party by a preponderance of the evidence, our law firm will invest time, money, and energy into thoroughly investigating your crash. We gather all relevant forms of evidence, build your case from the ground up, and work with experts to form a solid argument in your favor. We handle the investigative process while you focus on your recovery.
- Calculating your damages. Not only do we work hard to prove the fault of the responsible party, but also to prove the extent of damages you’ve suffered, too. We’ll collect and organize various forms of evidence, ranging from photos of your injuries to medical reports and work with financial professionals to determine the total value of your economic and noneconomic losses.
- Negotiating your settlement. Once we issue a demand letter to the appropriate insurance company, the insurer will probably offer you a settlement. Do not accept a first settlement offer! First-time offers are usually lowballed, as the insurer hopes that they will get away with paying you as little as possible. Our lawyers will review your settlement and reject it if it doesn’t fairly compensate you. We will represent you at the negotiation table and aggressively advocate for your best interests.
In addition to the above, we will also provide you with information about all laws and rules relevant to your claim, such as the statute of limitations, remain available and accessible throughout the process, and represent you in litigation should a lawsuit be required.
Schedule Your Free Garden Grove Car Accident Consultation Today
We know that after an accident, you probably have a lot of questions. Even if you’re not quite ready to hire an attorney, our lawyers are here to provide you with informed answers and are happy to offer you a consultation at no charge to you. To learn more about your rights after a car accident and how our lawyers can help, please reach out to us directly by phone or online. We can start working on your case immediately.