How can the Tecate California personal injury attorneys at Jefferey E. Estes & Associates help help with you if you have been involved in an accident?

 

Accidents were listed as the 5th leading cause of death in California

for 2018, revealing the extreme impact of random events that lead to detrimental outcomes resulting in harm, injury, property loss, or wrongful death casualty. Injury lawyers in Tecate CA can build a case on the California laws that provide for compensation, or indemnity when an injured party is not at fault. Accidental injuries occur in many different venues, but in 2019, 3,540 motor-vehicle deaths were reported with the majority of deaths occurring in passenger cars, light trucks and motorcycles. Experienced Tecate CA auto accident attorneys can build a personal injury case in the state of California, utilizing pertinent federal and state doctrine to yield a comprehensive court award, or an insurance settlement that will compensate a victim for emotional, physical, and financial disturbances and property loss caused by an accident. 

What types of accidents in Tecate California result in legal action toward fiscal recovery?

California motor vehicle, personal injury, premises liability, medical malpractice, and worker’s on-the-job accidental injuries are at the root of legal action initiated by Tecate CA accident attorneys in pursuit of economic, and non-economic damages for victims. Insurance companies are masters at denying liability to minimize compensation for victims.  The California Civil Code 3294 allows a jury to award punitive damages in a personal injury case, but the plaintiff must prove by clear and convincing evidence that the defendant’s conduct was intentionally harmful. 

Motor vehicle accidents in Tecate California.

If an individual is injured in a motor vehicle accident in the State of California, car accident attorneys can answer questions about how the laws will affect property damage and personal injury claims. Minor accidents are often resolved between the accident parties and the insurance companies without event, but accident victims may need an auto accident lawyer in Tecate CA if they have suffered serious injury, are struggling to recover payment from the insurance company, are being blamed for an accident where they had no fault, or there was a criminal component that led to the injury.

Criminal component.

When accidents are caused by criminally negligent acts, such as reckless driving, distracted driving, or driving under the influence, they may result in pending criminal action to be undertaken in addition to civil legal action. Experienced Tecate California injury lawyers can work through the intricacies of a complex accident case by addressing the cited criminal components, responsibility of insurance coverage, degrees of fault and the severity of the accident damages toward a timely award.

Comparative fault state.

California is a “fault” state with regard to accidents, meaning that a victim can bring a claim against the responsible party before filing a claim against their own no-fault insurance.  Under the state’s comparative fault rules, an injury victim is able to receive compensation from the negligent party’s insurance, proportionate to their percentage of fault, even if the victim is partly responsible for the injury.

Statute of limitations in Tecate California.

There is a two year time period to file a suit after an accident. The recovery of damages is contingent upon Tecate California auto accident lawyers proving another individual, or entity was the cause of the injury and owed a duty of care to the victim.  Developing a case for negligence can be complicated, so it is important to seek legal counsel shortly after an accident to make sure a personal injury claim is filed within the legal framework of the California statute of limitations for accidents.

Wrongful death in Tecate California.

A wrongful death lawsuit in Tecate CA can be filed in court when a person dies because of the negligent, reckless, or deliberate act of another.  Only certain people are allowed to file a wrongful death lawsuit in California. The wrongful death statute specifically allows the following parties to bring a wrongful death claim:

  • the deceased person’s surviving spouse,
  • the deceased person’s domestic partner,
  • the deceased person’ s surviving children,
  • if there is no surviving person in the deceased person’s line of descent, then a wrongful death lawsuit may be brought by anyone “who would be entitled to the property of the decedent by intestate succession”; that can include the deceased person’s parents, or the deceased person’s siblings, depending on who is living at the time of the deceased person’s death.

Damages in these lawsuits can include:

  • Medical bills and burial expenses,
  • Compensation for lost wages,
  • Compensation for pain and suffering,
  • Punitive damages that are intended to punish the person who caused the death.

What can a victim recover from other accident injuries in Tecate California?

An experienced Tecate California accident attorney will work with insurance companies after an accident, recognizing that the insurance adjusters may often use formulas that result in lower insurance settlement offers to close out claims quickly.  Legal counsel will then review industry-standard processes utilized for damage valuations of property, residual bodily harm, and wrongful death, and make certain the insurance company’s offer represents resultant compensatory and punitive damages to cover a victim’s losses.  

Compensatory damages. Fiscal recovery meant to address economic and non-economic losses of a victim caused by an accident.  Total awards can include:

  • Economic damages for present and future loss of earnings, medical bills, current and future medical care, household expenses, and
  • Non-economic damages for pain and suffering, mental anguish and loss of consortium or companionship.

Punitive damages. Under California law, it is rare that punitive damages are considered and will be based on occasions where an individual’s actions were found to be reckless, intentional, egregious, and harmful, resulting in the injury. 

Legal action after an accident Tecate California.

A Tecate California accident victim can take steps to minimize additional stress by hiring a competent Tecate injury lawyer at the Law Offices of Jeffrey E. Estes, who can objectively speak on their behalf in a courtroom, or take action against an insurance company’s legal team for a swift and fair monetary settlement. California injury attorneys have the experience to research all relevant accident laws to build strong cases for individual claims, while keeping track of the important court filing timelines.

Jeffrey E. Estes & Associates, a Professional Law Corporation

501 West Broadway, Suite 1650

San Diego, CA 92101

Phone: 619-233-8021

Fax: 619-233-3730

Source.

https://www.statista.com/statistics/193169/occupants-killed-in-california-road-traffic-by-vehicle-type/

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23152

https://www.dir.ca.gov/workers%27_comp.html

https://www.cdc.gov/nchs/pressroom/states/california/ca.htm

https://www.dmv.ca.gov/portal/vehicle-registration/insurance-requirements/

https://california.public.law/codes/ca_civ_code_section_3294

https://www.iihs.org/topics/fatality-statistics/detail/state-by-state