The National Highway Road Safety Administration (NHTSA) statistics reveal a concerning landscape where fatalities from accidents have increased by 13% in California during 2015-2016. In 2019, the number of fatalities estimated was 36,096. This data is enough to make one wary.
For a Long Beach resident, the risk skyrockets given the deadly Los Alamitos traffic circles and complex intersections. With these increasing fatalities and accidents, you must know how to act if you get entangled in such an ordeal.
It might seem like a complicated process, but we are here to explain the process of claiming damages and guide you through it step by step.
The Immediate Plan-Of-Action
Dangerous incidents like collisions can shoot up the anxiety levels of the driver considerably. In these situations, it is natural for those involved to panic or not be able to think clearly and rationally.
However, it is important to calm down and adhere to the following line of action:
Don’t flee the scene
The driver should never flee from the scene of the accident, as it can jeopardize their chances of receiving compensation. In such cases, the driver may be accused of a hit-and-run. Even if the driver is innocent, this can result in hefty penalties and prison time.
Contact the appropriate authorities
The first priority of the parties involved in the accident should be their health. In case of any injury, 911 or a nearby hospital should be contacted immediately.
After assessing the health and injuries of the parties involved, the police or some other appropriate authority should be called to mediate between the parties. The officer on site will be responsible for collecting evidence and details regarding the accident which can help in building a case for litigation and recovering damages.
Some departments one can contact in such cases are the Long Beach Police Department, the Long Beach Fire & Rescue Department, and medical centers like the St. Mary’s Medical Center in case of critical injuries.
Claiming reimbursement
To create a compelling case to seek for reimbursement from the insurance companies, it is crucial for the affected parties to exchange details such as insurance information, name and contact number, and the details regarding the car such as which model it is.
Gather evidence
While on the site, you should try to take photographs and gather whatever evidence is available. If the opposing party denies liability, having this extra proof is essential.
This additional evidence can be used to show the liability of the opposing party to insurers and during litigation cases. It’s essential to get the names and contact details of any witnesses. The driver should also record the time of day, the weather, and any other elements that could have led to the collision.
The affected parties shouldn’t compromise on these four steps as it strengthens their claim for recovery.
Stay up-to-date on legal issues.
The Common Issues
You must proceed carefully after an incident has taken place, and you should remain calm and collected.
An accident can lead a driver to a state of painc in which they end up making mistakes which can cause unnecessary issues of inconvience or even decrease, delay, or derail their compensation . These mistakes vary across a lot of scenarios, but there are certain common issues that every driver involved in a collision faces.
How long should I wait to file a car accident claim in Long Beach?
California car accident laws have set the statute of limitation of cases involving physical injuries as 2 years, and 3 years for cases involving only property damage.
When am I eligible to get monthly benefits from a car accident case?
You are eligible for long-term benefits if the accident leaves you incapable of going back to work. If you require assistance for menial personal tasks like bathing, your assistance may also be covered under long-term disability. Your overall settlement will be determined by the sum of your lost wages, any related costs, and pain and suffering.
What do I do if I lose one of my family members in a Long Beach car accident?
If your family member has lost their lives in an accident, your personal injury attorney can examine your case for any criminal liability, and if found, they can file a claim on behalf of the deceased against the liable party to seek monetary compensation for your family member. In such cases, a state prosecutor may also file a criminal lawsuit against the defendant, slapping them with felony charges such as vehicular manslaughter, which can carry punishments that include prison time.
What should I do if the opposing party’s insurance company calls me?
Redirect the call to your own attorney, as the opposing party’s insurance adjuster may persuade you to accept their estimate of the losses before your lawyer can calculate an appropriate settlement amount. This can put you at a great disadvantage.
Parameters To Choose The Best Lawyer
If you have read this far, you are probably in need of a good attorney. The profession of law is often seen as synonymous with money-making, and sadly, it is the case many times.
As a glimpse of an oasis is for a thirsty man, an attorney may come across as the last straw of hope. Personal injury lawyers use this to their advantage and pose along with posters claiming to be the best accident injury lawyers.
Don’t fall for this trap.
As mentioned above, don’t lose your calm after a car accident. This can lead to bad decision making. Instead of choosing the first law firm or attorney popping up on your screen, consider the following aspects:
Has the lawyer been disciplined?
Before entrusting an attorney for your case, go through the State Bar of California‘s website for their records. The website has information about the conduct and cases of Californian lawyers. If there are any disciplinary complaints against them, it will show these on the website. Such lawyers have likely cost the cases of their own clients, and they can cost you our own case too.
Contingency fees or hourly rates?
Do not hire a lawyer who charges you on an hourly basis. Instead, choose lawyers who deal in contingency mode of payment, in which you only pay if the case is won, by departing a portion of the settlement money to pay the lawyer.
All that glitters isn’t gold
Attorneys and firms go miles to convince you to be their client. However, the quality of their work might not be satisfactory. To avoid making a wrong choice, look for testimonials from their clients online or check for any reviews regarding the attorney or firm.
Communication is key
Having a good rapport with your attorney is important so that you are updated on everything about the case. They should be sensitive about the stress you are undergoing, and be patient enough to answer all your queries.
An attentive lawyer listens to you
A skilled attorney is one who is attentive. No matter how experienced a lawyer is, a mistake on their part is plausible if they aren’t concentrated wholeheartedly on the research. Many firms overburden a lawyer with cases in pursuit of profit. This is even more true of autonomous personal injury lawyers. It is typical for an inexperienced or overworked lawyer to overlook a crucial detail in situations like these. If you want to succeed, you must engage with a lawyer who will uncover the facts and dig for the truth.
The attorney’s team
Law firms are represented by their reputed attorneys. When approaching a firm, be aware that the attorney communicating with you has a team of subordinate lawyers working under them. Since the caseload for these senior attorneys is quite high, they delegate the work to their team. Therefore, you should ask them to introduce their team and keep transparency throughout the case about the team’s plan of action.
Only choose the best
Personal injury lawsuits are a whole different area of expertise all together. They deal with specific laws that aren’t easy to work around. So, while looking for the best lawyer in Long Beach, an attorney with a solid background in personal injury cases has to be at the top of your list.
Remember that hiring a law firm or an autonomous attorney should be solely your decision. Trust your gut instincts, research your options, and then make an informed decision.