California Laws That May Affect Your Claim
Several state laws shape how car accident claims are handled in California.
Comparative Negligence
Under California law, you may recover compensation even if you were partly at fault. However, your recovery is reduced by your percentage of responsibility. For example, if you are found 20% responsible for the crash and your damages total $100,000, you may still recover $80,000. Even if you were 90% responsible for the collision, you could still recover 10% of your damages.
Statute of Limitations
In most cases, you have two years from the date of the accident to file a personal injury claim. Missing this deadline usually means losing your right to recover damages. There are limited exceptions (such as cases involving government entities) where the filing deadline may be much shorter, so acting promptly is critical.
Insurance Requirements
California requires all drivers to carry minimum liability insurance, including $15,000 for injury to one person, $30,000 for injury to multiple people, and $5,000 for property damage.
Unfortunately, many collisions involve uninsured or underinsured motorists, which complicates the claims process. In these situations, your own uninsured/underinsured motorist coverage may provide essential protection.
A knowledgeable Stockton accident lawyer can explain how these rules apply to your situation and help you meet all legal requirements.
What Damages Can You Recover?
A successful car accident claim may allow you to recover compensation for:
Each case is different. A Stockton car accident law firm like Silva Injury Law carefully calculates both current and future losses to make sure nothing is overlooked.
How Liability Is Determined in California Car Accidents
Assigning fault is often one of the most contested issues in a car accident claim. Insurance companies may try to shift blame to reduce their part of the payout.
To counter this, our attorneys:
- Review police reports and traffic citations,
- Interview witnesses and collect sworn statements,
- Examine medical records to link injuries to the crash, and
- Work with accident reconstruction experts when necessary.
This thorough approach aims to uncover the facts of the incident and present your claim with strong supporting evidence.
Why Hire a Stockton Car Accident Attorney?
Handling a car accident claim on your own can be overwhelming. Insurance adjusters may pressure you to accept a quick settlement that falls short of your needs.
By working with Silva Injury Law, you benefit from:
- Compassionate support throughout the legal process;
- Experience with complex California personal injury law;
- Informed legal strategies to maximize your recovery, whether in settlement or court; and
- Direct communication with your lawyer.
We believe every client deserves personalized attention, no matter the size of their case.