Being involved in a car accident can create havoc in so many aspects of a person's life. Aside from potential litigation, insurance rates increases, and damages to the property, all people involved in the accident may suffer long-lasting trauma, significant economic losses due to injuries, or even fatal ones.

It is also essential to understand that some of these injuries may not even be instantly felt or evident soon after the accident as they may take some time to surface or be discovered.  You should check out our other articles on how to avoid a accident in the first place, how to file a claim once you are in an accident, and what kind of damages are available in car accident cases.  Of course, any type of settlement will depend on who is at fault and what the insurance policy limits may be based on the types of insurance coverage in California.

Some of the common injuries that may be caused by being involved in a car accident include:

Whiplash

The impact caused by a car accident, no matter how light it may seem, can cause significant trauma to a human body. A typical trauma caused by this impact is called whiplash. This refers to the muscle, ligament, and tendon injuries to the neck.

Depending on the severity of the damage, this may require multiple physical therapy and chiropractic treatments to assist with the recovery. This type of injury may also need medications and medical attention from specialists.

Head and Back Trauma

Like whiplash, head and back trauma are common injuries that those involved in a car accident. This usually occurs during the collision when those involved strike their heads against the steering wheel, dashboards, windows, airbags, or if the vehicle rolls over.

In addition to the head and the back, this type of trauma may also be experienced in shoulders, hands, wrists, feet, or any other body part hit during the car accident.

Depending on the seriousness of the damage, these injuries may pose life-long pain and permanent damage, which requires life-long medication, constant medical attention, and therapy.

Fractures and Broken Bones

A person can fracture or break their bones due to the impact caused by a car accident. These injuries may permanently damage a person significantly if the fracture has affected the ligaments and tendons.

This type of injury may require medical attention, pain medication, physical therapy, or being in a cast for weeks or months at a time.

Spinal Cord and Paralysis

The impact of a car accident can cause long-term injury to a person's spinal cord, which can lead to paralysis and other complications such as nerve damage and sexual capacity.

Even if it does not lead to paralysis, a spinal cord injury is severe health damage and needs lengthy recovery time, constant medical attention, therapy, and medication. This type of injury may also lead to other serious complications that may require extensive treatments to heal.

Burns

A car catching on fire is not a regular occurrence but can happen in certain situations. If this happens, the person can get burns from a car accident. Aside from the unsightly nature of the burns, they are painful and can lead to infections.

Depending on the severity of the burns, the treatment can range from simple ointment treatment to corrective plastic surgery and medication.

Loss of Limbs

In severe cases, loss of limbs can occur in a car accident if a body part has poorly been crushed to the point that it may be severed or needs to be amputated.

This type of injury is permanent and life-altering. This may also affect other aspects of the injured person's being, including, but not limited to, mental health, self-esteem, and way of life.

Internal Organ Injuries

Damage to the internal organ occurs during a car crash when a body part hits an object in a great force that the impact has hit the organs inside the person's body.

This severe injury causes internal bleeding that requires immediate emergency medical treatment.

Traumatic Brain Injuries

A traumatic brain injury in a car accident occurs when an external force causes the brain to malfunction. This typically happens when a head is hit by an object or hitting someone else during a car accident. This may lead to bleeding or bruising in the brain or tissue damage, leading to severe or permanent mental or physical disability.

Given the severity of this type of injury, treatment may include hospitalization, physical and psychological therapy, specialist visits, medications, and invasive therapies.

Post-Traumatic Stress Disorder (PTSD)

A post-traumatic stress disorder (PTSD) occurs when a person experiences debilitating trauma due to a car accident.

This is severe psychological damage that needs extensive psychological therapy and medication.

Depending on the severity of the injuries, some of these traumas can result in permanent damage that causes life-long pain and trauma. Therefore, it is vital to see a doctor as soon as possible after being involved in a car accident, even if you feel fine.

Note that this article is not meant to be taken as legal advice. If you or a loved one has been involved in a car accident, call us at Injury Compensation Law PC 714-627-2622 for a free consultation with one of our experienced attorneys to discuss the facts of your case and legal rights for compensation.

Getting involved in a car accident often results in physical and emotional pain, property damage, and unexpected costs to deal with the incident's repercussions. Another aggravating aspect of an automobile accident is filing an insurance claim. This process can be time-consuming, frustrating, and confusing, but having a seasoned personal injury lawyer can make a world of difference to ensure that your case is handled promptly and your claims are secured.

Here are the steps on how to file for an auto accident insurance claim in California:

Notify Insurance Carrier

One of the first administrative things to do after getting involved in a car accident would be to notify your insurance carrier of the incident. Most insurance companies have a 1-800 number to call to or through their website or app, to initiate an insurance claim.

Generally, people notify their auto insurer first regardless if they are at fault or not in a car accident. However, an uninsured driver can file a claim with the other party's insurance company if they believe the other party is at fault in the car accident.

Retain a Personal Injury Attorney

When filing a car accident claim, the next prudent step would be to seek the representation of an experienced attorney.

Although retaining an attorney is not mandatory, it is highly advisable to ensure that your rights and interests are adequately represented in your claim. After all, insurance adjusters are expected to look after the interest of the insurance company they work for, which may not be favorable to you.

Getting Assigned a Claims Adjuster

A claims adjuster is a person who works for your insurance and investigates claims to determine how much your insurer should pay for the damage or loss.

The first step for your insurance company to process the claim would be to assign a claims adjuster to your case, who will then contact you within 15 days of receiving notice of a claim by your insurer. The claims adjuster will typically reach out to you via phone or email.

Adjuster Conducts Their Investigation

The next step would be for the claims adjuster to start their investigation of your claim. During this time, you will be asked to provide statements, documents, and other relevant evidence they

deem necessary for your case. You would also be required to be examined by an Independent Medical Examiner, a doctor approved by the insurance company.

An issue may arise during the investigation if the claims adjuster finds any inconsistencies or did find any injuries or damages that are serious enough or connected to the accident. These issues may be based on what you said, the documents provided to them either by you or another party, or the findings of the independent medical examiner.

An advantage of having a lawyer represent you in your claim is that they can help assist the claim adjuster's investigation and facilitate the information provided to them. The attorney can also limit any issues by advising you on what to expect, how to handle the questions by the claim's adjuster, and examining the independent medical examiner.

Initial Settlement Offer

After the claim adjuster has concluded their investigation, they will render their initial settlement offer. This offer is expected to be on the lower end since the insurance company is not keen on giving more than it should. Your attorney can assess the initial settlement offer, discuss it with you, and send a demand letter to the claim adjuster to demand a higher settlement amount.

The claims adjuster can either accept, reject, or counter the demand letter. However, if your attorney has made excellent points, it opens the claim for negotiation.

Negotiation

As with any settlement, negotiation is key to fruitful resolution. During this time, you (or your representative) and the claims adjuster (representing the insurance company) will be locked in

For most people, negotiations can be emotionally and time-draining. Hence, it is highly advisable and practical to have an experienced attorney representing your case. Your lawyer will vigorously advocate for your interest and use their legal and negotiation skills to get you the most favorable settlement.

Settlement Agreement

After a mutually agreed upon number has been reached, the claim adjuster will present your lawyer with a settlement agreement for you to sign.

A settlement agreement is a document that contains the final settlement of your claim. This contract explicitly includes the negotiated amount and releasing the insurance company of any future litigation and liability regarding the accident.

Note that this article is not legal advice and that there are exceptions to the rules and information listed above. It is best to consult with an experienced attorney at Injury Compensation Law PC for a free consultation to discuss your case's facts and know your legal options.

Getting into a car accident is a serious matter and can cause considerable damages to all parties involved. Such damages caused by a car accident could include both economic and non-economic and must be included in the claim for damages.

Economic Damages

Economic damages are those that can easily be calculated and verified by reviewing supporting documents that show exactly how much damage is incurred or how much the claimant has lost due to the car accident.

These damages are generally easy to prove since they are quantifiable and can easily be supported by documents.

Some of the economic damages include:

• Medical Expenses

Medical expenses are costs incurred for medical-related services or medication to any ailment, illness, or injury caused or exacerbated by the car accident.

• Loss of Use of Property

Loss of use of the property is when the normal use of a property has been disrupted due to the accident. This can happen when an owner is deprived of their use of their car due to the accident.

• Cost of Repair or Replacement

Another economic damage claim is the cost of repair or replacement. In a car accident, the vehicle is typically damaged.

In a car accident, the vehicle is not the only property that may need to be repaired or replaced, as other items can also be damaged on impact.

• Loss of Wages or Business Opportunity

This claim refers to the loss of wages when one has to miss work due to the car accident's injuries. This can apply to traditional employees, self-employed workers, independent contractors, or even sole proprietors.

Proving loss of wages can differ with the type of source of income for an individual. Typically, it would be easier for a traditional employee, or self-employed workers, or contractors to prove the wages they had lost by presenting pay stubs or 1099 forms. However, proving the loss of salary

or earning can be slightly more complicated for a sole proprietor since they typically do not get a pay stub or 1099. Nonetheless, they can present bank statements, profits and loss documents, or other financial documents to show that they lost earnings or business opportunities when they had to stop working on their business due to the injuries they had sustained from the accident.

Non-Economic Damages

Non-economic damages are those that typically include emotional and psychological trauma or loss of consortium caused by accident. These damages tend to be challenging to prove in a claim since there is no direct monetary amount tied to calculating someone's emotional and mental trauma. Nonetheless, these injuries are accurate and are qualified to be included in compensation for damages caused by the car accident.

Some of the non-economic damages may include:

• Pain and Suffering

The term pain and suffering is pretty broad in context. It generally applies to any physical and emotional, or mental pain and suffering caused by the car accident to the victim. This type of injury is when the victim is experiencing ongoing pain due to the circumstances of the accident.

Unlike economic damages where the treatment cost is easily quantifiable, pain and suffering are hard to quantify in monetary value since it focuses on how to compensate for the pain that the victim is experiencing due to the accident.

This type of damages may include the following injuries:

• Physical pain and discomfort
• Mental anguish
• Grief
• Emotional Trauma
• Embarrassment
• Depression
• Anxiety

• Loss of Consortium

Loss of consortium would be the deprivation of a family relationship benefits due to the injuries caused by the car accident. Generally, this is filed by the spouse or domestic partner of the victim of the car accident and may cover the following permanent ramifications:

The loss of consortium aims to compensate the spouse or domestic partner when the injuries sustained by their partner or spouse have disrupted the relationship.

Some of the injuries under the loss of consortium include:

• Marital strains
• Loss of companionship
• Sexual limitations
• Infertility
• Inability to participate in activities that used to be enjoyed by the couple

This type of claim is pretty hard to quantify since the injuries refer to experiences instead of being tied to a specific monetary value.

Note that the damages listed above are not comprehensive. You may have experienced or experienced damages from a car accident that are not listed above but may be entitled to file damages. It is best to contact a personal injury lawyer to discuss the injuries you have incurred and how they are classified in damages.

If you or a loved one have been involved in a car accident, do not hesitate to call our offices to speak with an experienced attorney. Our experienced attorneys at Injury Compensation Law PC are here to help you understand the complex legal issues surrounding car accidents and any damages you may be entitled to.

Driving is a privilege, and part of that deal is for a motorist to purchase car insurance coverage in case of an accident. However, picking out the right car insurance can be daunting, especially if you are unfamiliar with the coverages they offer.

To help you assist with this process, below are the type of automobile insurance coverage available to California drivers, as well as the requirements set by California:

Personal Liability Coverage

Personal liability is the coverage that pays for claims of bodily injury and property damage sustained by others in a car accident that you have caused. However, it is essential to note that this coverage does not apply to any bodily injury or property damage from a car accident that you had caused. Instead, this coverage protects you against claims of others from a car accident in which you are at fault.

In California, the law requires that each motorist carries a minimum personal liability coverage:

• $15,000 in bodily injury coverage per person
• $30,000 in bodily injury coverage per accident
• $5,000 in property damage liability coverage

Comprehensive Coverage

This coverage applies to any damage to your vehicle, as long as a collision does not cause the damage. This coverage typically applies to fire, theft, vandalism, flood, falling objects, and other similar incidents that cause damage to your car. This coverage does not apply to mechanical breakdown or normal wear and tear.

Collision Coverage

This coverage applies to any damage to your vehicle caused by a collision. A collision would be any physical contact with another car, or objection, or person to the accident.

Similar to comprehensive coverage, this compensation is based on the market value of your vehicle. Thus, it is usually beneficial to obtain collision coverage for a high-valued vehicle.

Underinsured and Uninsured Coverage

This coverage applies when you get into a car accident with a driver who is either uninsured or does not have any personal liability coverage.

The types of coverage may include the following:

• Uninsured Motorist Bodily Injury - This covers any injuries you and your passengers sustained in a car accident with an at-fault driver who does not have insurance coverage.
• Underinsured Motorist - This covers limited costs for bodily injury if you get into a car accident with an at-fault driver who does not have enough insurance to pay for the damages you had sustained.
• Uninsured Motorist Property Damage - This covers the damage to your car from an accident with an uninsured at-fault driver. This coverage is limited to $3,500 and only applies if the uninsured driver is identified. This means that “hit and run” car accidents would not be under this coverage if the at-fault driver is unknown. Moreover, this coverage may not be necessary if you have collision coverage.

Medical Payment Coverage, also known as Med Pay

This coverage pays for medical expenses if you or your passengers have been injured in a car accident. This coverage applies without regard to who is at fault.

Gap Coverage

This coverage pays for the difference between the fair market value of the new car that will replace your old damaged car and the balance on what was owed to the loan or lease of your previous vehicle.

Generally, insurance companies are not eager to pay out insurance claims. As such, insurance claims are often complicated, and a legal representation of an experienced attorney can be valuable in ensuring that your rightful insurance claims are granted.

The information provided in this article is meant for reference only and not to be constituted as legal or insurance advice. If you or a loved one has been involved in a vehicular accident, contact us at Injury Compensation Law PC. Our experienced personal injury attorneys can help you assess your claims and legal options regarding your accident.

To file a valid personal injury claim based on a car accident in California, the plaintiff must first prove that the other driver was negligent. In addition, the parties must also apply pure comparative negligence to determine the percentage of how much a plaintiff can collect from the defendant for the injuries and damages they sustained from the car accident.

What Are the Elements to Demonstrate Driver Negligence?

In California, a person is negligent if they fail to act so that a reasonably careful person would react in the same situation. In essence, a person is negligent if they do something that a reasonably prudent person would not do under the same circumstances, or in contrast if they failed to act in a way that a reasonable person would act under the same situation.

In determining negligence, the plaintiff to a personal injury case must prove the following elements to claim damages:

• Duty: That the other driver had an obligation to operate their vehicle safely;

• Breach: That the other driver had breached that duty;

• Causation: That the other driver's actions had caused the accident; and

• Damages: That the accident has directly caused injuries or damages to the plaintiff.

Generally, the duty of care is created by law. In a car accident, the "duty of care" element is formed by traffic laws. An experienced attorney can assess the facts of your case to help you determine the duty owed by a party in a car accident by applying the language of the law.

 The next thing to prove after establishing that a defendant has a duty of care towards the plaintiff would be that the said duty has been breached.  Once the breach of the defendant's duty has been determined, the plaintiff must show that the said breach has caused the car accident.

Lastly, the plaintiff must show that they have injuries and damages sustained from the car accident.

Are There Defenses to Negligence?

Yes, there are.

There are numerous defenses to negligence, of which the most common ones are those attacking the four elements listed above. Some of these defenses include:

• The defendant owed no duty to the plaintiff;

• The plaintiff assumed the risk of the injury, which basically

What is Comparative Negligence?

A legal principle called Comparative Negligence, which assigns liability to two or more parties based on the degree of their negligence contributed to the accident and injuries. This principle is applied to determine whether a plaintiff can collect damages and how much from the defendant.

There are three types of comparative negligence systems. One is pure comparative negligence; the other is modified comparative negligence and contributory negligence.

Under the pure comparative negligence system, the plaintiff is compensated for the damages based on the other party's fault. In this principle, the plaintiff's claim will be deducted by the amount of their contribution to the accident.

Whereas in modified comparative negligence, the plaintiff would not be able to claim any damages if their liability to the car accident and their damages was more than the other party. This means that the plaintiff will be refrained from collecting damages from the other party if they are 51% at fault in the accident.

While contributory negligence bars a plaintiff from collecting damages from the other party if they contributed to the accident or injuries in any way. Under this rule, a plaintiff that is even 1% at fault would not be able to collect any damages from the defendant.

The State of California follows pure comparative negligence in determining compensation to award to plaintiffs. As discussed above, pure comparative negligence allows a plaintiff to collect damages to the liable percentage of the other party. This means that a plaintiff can claim compensation even if their liability is greater than the other party.

In the practice of pure comparative negligence, if a jury determines that the damages sustained by the plaintiff are $100,000, but the plaintiff is 40% at fault in the accident, then their claim will be reduced by 40%. Essentially, the plaintiff can only claim $60,000 from the defendant.

Note that all the information provided in this article does not include every legal scenario applicable in every case. For legal advice, you should consult with a licensed personal injury attorney at Injury Compensation Law PC.

If you or a loved one has been involved in a vehicular accident, contact our team of experienced personal injury attorneys who can help you sort out your case and assess your legal options.