IWV Legal proudly serves clients throughout Kern County on Personal Injury cases.
If you or a loved one has been injured in a car accident, you should consult an experienced lawyer immediately to get started on your lawsuit for damages. If your claim is successful, you can recover a range of damages for things like medical bills, lost wages, and pain and suffering. Our attorneys at IWV Legal will work closely with you to strategize the best way to claim your damages. You can expect one-on-one assistance every step of the way, and we will shoulder the burden of your lawsuit while you focus on healing.
Contact our team at IWV Legal to discuss your options in more detail.
California is a “pure comparative negligence” state when it comes to car accident claims, which means the damages that an injured plaintiff may recover amount to the total damage award reduced by any percentage of fault they caused. For example, if a person was injured in a car accident but was found to be 20% at fault for a case worth $10,000 in damages, the maximum damage award they can receive will be $8,000.
Keep in mind that comparative negligence is applied both in court cases and in negotiations with car insurance adjusters, who may look at the injured plaintiff’s degree of fault to evaluate their claim.
Damages that can be recovered in a car accident claim are economic (monetary) and non-economic (non-monetary).
Some examples of economic damages in a car accident case are:
- Medical bills and expenses
- Lost wages or income
- Repair or replacement of the damaged car
- Out-of-pocket expenses
Some examples of non-economic damages in a car accident case are:
- Pain and suffering
- Emotional distress
- Disability or disfigurement
- Loss of affection or companionship
California does not implement a cap on how much a person can recover in a car accident case. There is a limit, however, on when a car accident claim can be filed.
The statute of limitations for California car accident cases depends on the severity of the injury and the type of case being filed:
- Lawsuit for injury to an individual: Two years from the date of the accident
- Lawsuit for wrongful death of an individual: Two years from the date of the person’s death
- Lawsuit for damage to a vehicle: Three years from the date of the accident.
Car accident claims can become more complex when car insurance adjusters are involved. If you seek to take legal action due to injury to yourself, a loved one, or your vehicle, it is best to enlist the help of an experienced lawyer. Our car accident attorneys in Kern County can guide you through the legal process of negotiating with your car insurance company and arguing for maximum damages in court.
California’s comparative negligence laws may encourage the defendant and insurance companies to undervalue your claim by alleging your fault for the accident, but our lawyers will make sure to represent you assertively. Insurance companies also have a reputation for lowballing claims so they can arrange for the lowest amount they need to pay out. We will make sure these companies do not take advantage of you.