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According to U.S. Department of Transportation data from their Fatality Analysis Reporting System, over 3,000 fatal car accidents occurred in recent years. Unfortunately, the people who survive these incidents often find themselves slammed with newfound financial expenses and personal losses, all because another person failed to act in a reasonable and safe manner.
If you were injured in any kind of traffic collision, you have a limited period of time in which to retain a personal injury attorney and take advantage of your legal right to pursue restitution from the party responsible for your wreck. A knowledgeable Burbank car accident lawyer could help you understand your options and take the best course of action for your unique circumstances.
Establishing financial liability for an auto accident involves proving negligence by the person or entity named as the defendant in an injured plaintiff’s claim. In short, negligence entails a reckless or careless breach of a “duty of care” that directly leads to an injury occurring, which in the context of car wrecks could mean anything from a traffic violation to a moment of distraction behind the wheel, to even intentionally aggressive actions like road rage.
Regardless of what specifically causes a crash to occur, a person found civilly liable for that incident can be held financially accountable for every consequence it has, including both economic and non-economic forms of harm. Some damages that Burbank attorneys could help someone injured in a car wreck seek compensation for include:
Importantly, state civil law establishes deadlines for when prospective plaintiffs in any type of personal injury case—including those based around auto accidents—must start the litigation process. In most situations, California Code of Civil Procedure §335.1 sets this limit at two years past the date when an injured party first discovered they were hurt due to negligence.
Any injured driver found partially responsible for causing or exacerbating their own damages may only be able to recover for the portion of their total losses that they can prove someone else was to blame for. This is due to California’s pure comparative fault approach to plaintiff liability, which fortunately does not set out an amount of comparative fault that would bar a plaintiff from recovering any money at all.
Additionally, California Civil Code §3333.4 prohibits uninsured drivers from recovering for non-economic damages even if they can prove someone else at fault for their incident, unless the other driver was driving while impaired by alcohol or drugs and was convicted of some DUI offense following the accident. A car crash lawyer in Burbank could explain how these and other rules might impact recovery in a particular case during a confidential consultation.
Car accidents are always chaotic and frightening experiences, and it can be understandably hard to get your life in order in the aftermath of one that results in serious physical harm. Fortunately, help is available from dedicated legal professionals who have experience helping people just like you through similar situations.
A knowledgeable Burbank car accident lawyer could be the ally you need to effectively enforce your rights following a traumatic auto wreck. Learn more by calling today.
Benji Personal Injury – Accident Attorneys, A.P.C.
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