Laguna Niguel Car Accident Attorneys
Car accidents can happen to the safest of drivers. People driving with a seat-belt at the speed limit can be struck suddenly by a distracted or drunk driver. Motorists should not have to pay out-of-pocket for someone else's carelessness.
Bisnar Chase's Laguna Niguel Car Accident Lawyers have 40 years of experience combating insurance companies for car crash victims who have acquired serious injuries in an accident. Our attorneys have held a 96% percent success rate in collecting millions of dollars for injury clients.
Car accidents can leave many financially and emotionally devastated. Medical bills can increase as time goes on and those who have experienced the accident can have trouble making ends meet. At the law group of Bisnar Chase we believe that you should be compensated for the damages you have faced since the crash.
Contact our Orange County, California law offices today at 949-203-3814 and receive a free consultation upon your call. We can help you fight for what you and your family need to recover from your auto collision.
Laguna Niguel, California Car Accident Statistics
Research has concluded that over the years, California has experienced an increase trend of car crashes. Over 3,000 vehicle accidents occur every year now.
The California Highway Patrol's Statewide Integrated Traffic Records System (SWITRS) revealed that in one year, four people were killed, and 90 people were injured in a Laguna Niguel car collision.
Drivers who were driving under the influence in Laguna Niguel were responsible for three fatalities and 16 injuries.
Determining the Amount of Recovery You Will Receive
The amount of damages and injuries that you have suffered in a motor vehicle accident will establish how much compensation you will receive for your claim. A person that was paralyzed in accident may obtain a different amount of recovery from a person who had broken arm in a car crash. When you are involved in accident one of the first calls you will receive are that from an insurance company
The responsibility of an insurance company is to avoid the driver who was at fault for an accident, being sent to court. Also, keep in mind that they key objective of the insurance company is to avoid paying a huge settlement to the injury victim. It is advised that if you are not being compensated for your damages, to seek legal representation.
The types of that you can earn compensation are:
- Rehabilitation expenses
- Medical equipment
- Earning capacity losses
- Wages lost from time off work
- Motor vehicle repairs
- Expenses for towing
- Expenses for renting a vehicle
- Broken bones, damage to soft tissue or organ ruptures
- Mental anguish
- The inability to have children due to the accident
Experts say never rely on an online calculator to determine how much compensation you should receive for your car accident case. Every personal injury case differs, and you may be able to collect more compensation than what the calculator displays.
Determining If You Can File a Laguna Niguel Car Accident
A personal injury is any physical, mental or emotional harm caused by another party’s negligence. If you had a great amount of damage due to an accident and a medical professional stated that you have not suffered from any injuries, then that would be categorized as property damage instead of a personal injury.
A car accident that solely had property damage without any catastrophic injuries can be handled in small claims court or by an insurance company.
How do you know that you can file a claim for a car accident injury? In the event of a motor vehicle accident, if a car crash victim experienced and will continue to live with serious injuries for the rest of their life, they have the right to file a personal injury claim.
Determining fault in a car accident can be complicated at times. It is one of the key aspects in your personal injury case though. There are instances that clearly state that the person who caused the accident was at fault. Situations that can clearly prove fault may involve a driver operating a motor vehicle under the influence, a driver speeding or a motorist texting and driving.
There are several aspects that your Laguna Niguel car accident attorney must prove to get the compensation you need to recover from your injuries.
Duty of care: This element of a car accident claim states that the negligent party had a legal obligation to keep you safe. The law states that you have the duty as a driver to keep yourself and fellow drivers safe. When a driver violates this law by putting others at risk, they have not only broken the law but have breached their duty of care.
Breach of duty or care: The actual act of violating the duty of care is called breaching. Types of duty of care that can possible be a breached can include not stopping at a red light, neglecting to pay attention to the road or failing to yield to pedestrians.
It is strongly suggested that if you were involved in a car accident that you immediately file a claim. California law states that an accident victim has two years to file a personal injury claim.
Responsibilities that Drivers Have on the Road
It is the responsibility of the driver, when they get behind the wheel, to follow the rules of road. There many obligations that drivers have that many do not know about. When you follow through on your responsibilities as a driver you are not only abiding by the law, but you are keeping yourself and other motorists safe.
Making sure your car is functioning properly: If a motorist is operating a car with flat tires, an overheated engine or one of their taillights is out this is negligence. Car owners have the duty to maintain the up-keep on their vehicle.
Driving at the required speed: The speed limit that a motorist can drive at on a California highway is 65 mph. California law states that you may drive faster if the posted speed limit permits to do so. The slowest speed limit that a motorist can drive at is 55 mph on the highway.
Paying attention to the road: In recent years, texting and driving has been one of the biggest causes for car accidents. Texting and driving is not the only type of distracted driving though. Motorists applying make-up, eating or changing a song on the radio can be considered as distracted drivers as well.
Do you Have A Whiplash Injury?
Whiplash is classified as a neck injury that is brought on by a strong abrupt force. The most typical type of event that causes this kind of neck injury are vehicle collisions. There are symptoms that most victims who are injured in an accident commonly feel.
Below are the most common symptoms of whiplash:
- Stiffness in neck
- Inability to move the neck
- Vision is blurred
- Numbness or tingling sensations in the arms
- Tinnitus (hearing a ringing in the ears)
Laguna Niguel, California Comparative Negligence
Comparative and contributory negligence differ on one primary factor which state the accident occurred in. The state of California operates under a comparative fault system. Comparative fault states that all parties in an accident can file for compensation including the negligent party. The negligent party must be injured or obtained damages to seek compensation though.
Common comparative negligence lawsuits include:
- Motorcycle accidents
- Vehicle collisions
- Slip and fall incidents
- Premise liability
- Medical malpractice
Critical Negotiating Tactic
Those who have haggled with a car salesman know never to reveal their excitement over a car they want. An experienced Laguna Niguel car accident lawyer advises using similar tactics when negotiating car crash insurance settlement claims. "If you appear reluctant to settle when evaluating an insurance adjuster's settlement offer, you'll increase your bargaining posture," says John Bisnar. "Expressing disinterest tells the adjuster that you can afford to wait for a better offer. Naturally, this calls for a bit of tact and self-control."
While negotiating, never appear arrogant, insulting or condescending. Calmly respond how disappointed you are at his offer. "Accentuate your displeasure with appropriate voice and mannerisms, and suggest that you'd hoped the insurance adjuster could come up with a better offer," advises John Bisnar. "If you show any enthusiasm for the adjuster's position, the negotiations will come to standstill and your hopes of a better offer will fly out the window." Keep in mind that adjuster's mission is to save his company as much money as possible; your mission is to arrive at a settlement that fairly compensates you for all your damages.
Use a Laguna Niguel Auto Accident Lawyer as a Valued Resource
An experienced Laguna Niguel Car Accident Lawyer can show you other negotiating tactics and help you avoid many mistakes when dealing with insurance adjusters.
The best vehicle collision attorneys offer no charge, no pressure consultations. The Personal Injury Law Firm of Bisnar Chase have over 40 years of experience in various practice areas that include Southern Californian bicycle accidents, pedestrian accidents, nursing home abuse and more.
If you have been injured in an accident, a skilled Laguna Niguel car collision lawyer can help you secure fair compensation for your car accident claim.
Contact the law offices of Bisnar Chase at 949-203-3814 for a free consultation.