Filing An Auto Accident Lawsuit In California

Filing An Auto Accident Lawsuit In California

Posted By: Arata Swingle Van Egmond & Goodwin on Jan 29, 2015
Passenger Injured in a Car Accident

Auto accidents happen in every town, every day. In California just recently, there was a multi-car crash in San Francisco on I-580 that killed at least one person and injured others. And in late November in Calabasas, a Ferrari driver was involved in an accident that rendered the vehicle unrecognizable, the driver with major injuries, and the passenger with minor injuries.

If you or a loved one have been involved in a car accident, you may be wondering what you can do to help get your life back on track. Injuries can take a toll on your finances, and you may be unable to work for a period of time. Additionally, you may have suffered from property damage. If your loved one was killed, you may be left without the sole caretaker for your children or the sole income earner for your household.

In California, a person has two years from the date of the accident to file a personal injury lawsuit against the individual who caused the accident. As well, a person has three years to file a lawsuit for property damage.

To hold someone responsible for an auto accident and the damage that resulted from it, the person must have been negligent. This means that:

  • The person had a duty of care towards you or your loved ones
  • The person breached that duty of care
  • The breach caused the injuries that resulted from the accident
  • And the individuals involved in the accident incurred actual damages

If the above elements are met, you are usually able to file a lawsuit against the motor vehicle operator who caused the auto accident.

Damages in an Auto-accident Lawsuit

You may be wondering what compensation you will be entitled to when you file a lawsuit against a negligent motor vehicle operator. While each case is different, generally you can sue for:

  • Past, present, and future medical costs
  • Lost ability to earn a living
  • Past, present, and future lost wages
  • Pain and suffering
  • Property damage

If your loved one was killed, other damages may be claimed as well.

Consulting an experienced personal injury attorney, like ours at Arata, Swingle, Van Egmond & Goodwin, is the first step in recovering from an auto accident that caused damage to you and your loved ones. We handle each case we receive with compassion and care while aggressively upholding your rights.

For an initial consultation, we welcome your call to our office at 209-522-2211.