What to Do After a Car Accident in California

A California car accident is generally an unexpected and traumatic event that leaves most of us overwhelmed and with many questions about what to do next. Do I need to call the police? What information do I need from the other driver? How do I protect my rights? From notifying law enforcement to consulting with a California car accident lawyer, we have outlined a step-by-step guide of what to do after a car accident in California below.

 

Step 1: Stop and Stay at the Accident Scene

You must stop and stay at the accident scene until it is appropriate to leave. If someone has sustained injuries, needs assistance, or was killed, and you leave, you could be charged with a hit-and-run. You should stay until the police arrive. If the accident only caused property damage, you can leave after you have exchanged important information with the other driver.

 

Step 2: Check for Injuries and Ensure Everyone’s Safety

Your top priority after a car accident in California is to check yourself for any visible injuries and check on the safety of the other parties involved. If you or anyone else is injured, call 9-1-1 immediately to request emergency medical attention.

 

Step 3: Call Law Enforcement to Report the Accident

Even if the accident seems minor, you should call 9-1-1 to report the accident. Authorities will decide whether to come to the accident scene. If police officers arrive at the scene, they will investigate the accident and create a police report.

A police report can be significant evidence if you need to file a car accident claim. It includes information about all parties involved and an unbiased account of the accident, which can help establish fault.

 

Step 4: Exchange Information With the Other Driver(s)

You should exchange important contact information and insurance details with the other driver. If the crash included multiple vehicles, exchange information with every driver involved. Our California car accident attorneys recommend obtaining the following information:

  • Name
  • Address
  • Phone number
  • Driver’s license number
  • Information about the vehicle, like its year, make, and model
  • License plate number
  • Insurance company name
  • Insurance policy number

 

Step 5: Document the Accident Scene and Your Injuries

If possible, take pictures of the accident scene to preserve evidence. You should take photos of the vehicles involved and any injuries sustained. Also, write down details about the accident, like the date, time, location, road conditions, and weather conditions.

 

Step 6: Talk to Witnesses

If there were any witnesses to the accident, try to get their names and contact details. Witness statements can be invaluable for determining accident liability and supporting your potential car accident claim.

 

Step 7: Seek Medical Attention

You should seek a complete medical evaluation as soon as possible after leaving the accident scene. Even if you feel fine right now, some injuries may not be immediately apparent due to adrenaline or delayed symptoms. If you sustain injuries, you want to receive medical treatment immediately. Additionally, medical records serve as critical evidence for your potential accident claim.

 

Step 8: Inform Your Insurance Company About the Accident

Your auto insurance policy likely requires you to report the car accident to your insurance company. Provide your insurer with the necessary information about the crash. However, we do not recommend providing a detailed statement or making any assumptions about the cause of the crash or the severity of your injuries. Anything you say could be used against you if you need to file a claim with your insurer.

 

Step 9: Report the Accident

If law enforcement does not come to the accident scene, you may be required to report the accident to your local police or the California Highway Patrol (CHP), and the California Department of Motor Vehicles (DMV). You must report the accident to the local police or the CHP within 24 hours if anyone was injured or died in the accident.

Additionally, in California, you must report a car accident to the DMV using its SR-1 form within 10 days if any of the following factors exist:

  • Anyone involved in the crash sustained injuries, no matter the severity
  • Anyone involved in the crash died
  • The accident resulted in property damages exceeding $1,000

 

Step 10: Consult With a California Car Accident Lawyer

After a car accident, we recommend scheduling a consultation with an experienced California car accident attorney. An attorney can answer your questions and help you determine whether you may have a viable claim to obtain compensation for your injuries and damages. Getting an attorney early in the process is beneficial for multiple reasons. For example, an attorney can help you preserve evidence, communicate with the insurance companies on your behalf, and protect your best interests.

 

Get a Free No-Risk Consultation With Our California Car Accident Lawyers

At Karns & Karns Personal Injury and Accident Attorneys, we help car accident victims get the compensation they need and deserve after serious accidents. We have offices throughout California and encourage you to schedule a free, no-obligation consultation with us about your situation. Call us at (888) 779-1180 or contact us online to discuss your potential legal options.

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What to Do After a Motor Vehicle Accident

Being involved in a motor vehicle accident can be a stressful experience, often leaving accident victims feeling overwhelmed and unsure of the next steps to take. However, your actions after an accident can significantly impact your health and your potential auto accident claim. Therefore, knowing what to do after a motor vehicle accident is critical to protect yourself and your claim. Below, our motor vehicle accident lawyers cover essential steps to take after a serious accident.

 

1. Call 9-1-1 to Report the Accident to Law Enforcement

The initial shock and adrenaline may distract you from any immediate pain, so look for any visible injuries before moving or getting out of your vehicle. Then, if you are physically able, check on any passengers and the other motorist.

You should call law enforcement to report the accident. If anyone needs medical attention, request emergency medical responders at this time. Police officers may come to the scene to investigate the accident and create a police report of the crash.

2. Exchange Information With the Other Driver

Once you have addressed immediate safety concerns, you need to gather and exchange information with the other driver. Our motor vehicle accident attorneys recommend obtaining the following contact and insurance information:

  • Name
  • Contact details
  • Driver’s license number
  • Insurance provider
  • Insurance policy number
  • Make and model of the other vehicle
  • License plate number

If there are any witnesses to the accident, request their contact information too.

3. Preserve Evidence by Documenting the Accident Scene

Before you leave the accident scene, spend time documenting the accident with pictures. These photos may be critical evidence to support your potential accident claim. Important things to photograph include:

  • Visible injuries
  • Vehicle damages
  • The other vehicle
  • Road conditions
  • Weather conditions

4. Get a Medical Evaluation

Regardless of how you feel, always get a complete medical examination after an accident. We recommend getting one during the first 24 hours after an accident.

Certain injuries, like whiplash, may not show symptoms right away. You want to make sure you do not have any injuries that may get worse if untreated. Additionally, a medical evaluation gives you the necessary medical documentation to support your claim.

5. Report the Accident to Your Insurance Company

In the following days, contact your insurance company to report the accident. Be factual and avoid speculating about accident liability or your injuries. You should avoid providing a detailed statement until you have consulted with an experienced attorney.

6. Discuss Your Situation With a Motor Vehicle Accident Lawyer

Consider contacting an experienced motor vehicle accident attorney soon after the crash to discuss your case. If you have suffered injuries and damages due to the accident, filing an accident claim may be your only way of recovering your costs. An attorney can help you understand your best legal options for protecting your legal rights and moving forward.

 

Get a Free Case Review From Our Motor Vehicle Accident Attorneys

At Karns & Karns Personal Injury and Accident Attorneys, we help accident victims seek justice and compensation for their injuries. Our law firm has extensive experience and success in handling motor vehicle accident cases throughout California, Nevada, and Texas. We may be able to help you on your journey to recovery too.

Our firm provides a free, no-risk consultation to discuss your unique situation and your options for recovering compensation. We can also determine whether we can help you. Call us at (888) 779-1180 or contact us online to schedule yours.

 

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How to File a Successful Rideshare Accident Claim

When you are involved in an Uber or Lyft accident, there are grounds for making a legal claim against the driver or the company. Whether you are a pedestrian facing life with catastrophic injuries, or a passenger with negatively impacted mental health, or even a family seeking out justice after a wrongful death occurred, everything is worth discussing and exploring. At Karns & Karns Personal Injury and Accident Attorneys, we are accident injury lawyers with the right experience to help you find the right path to resolution. Our advice below talks about how to file a successful rideshare accident claim, and what you need to do to get things in motion.

 

What Counts as a Rideshare?

When you think about rideshares, the big companies like Uber and Lyft first spring to mind. This is exactly right, and these are the main businesses that offer this type of service around the country. There are, in fact, around hundreds of fatalities attributed to Uber and Lyft drivers every year and the number is only set to rise as the service grows in both popularity and reputation. While there is always a risk of an accident happening when you get into a vehicle, there should be a granted peace of mind that a professional driver will keep you safe.

 

What Happens When You Are a Victim of a Rideshare Accident?

There are three different types of rideshare accident that are eligible for this sort of claim. Firstly, pedestrians who have been hit by a vehicle. Secondly, passengers who were in the car at the time a road incident took place and lastly, a family member of a loved one who died as a direct result of rideshare driver negligence. In all of these cases, there are certain steps that must be taken in order to validate the process and steer things in the right direction.

Passengers, Pedestrians and Other Vehicles

If you were a passenger in an Uber or Lyft, a pedestrian hit by an Uber or Lyft, or in another vehicle hit by an Uber or Lyft, it is vital to check for injuries and seek medical attention immediately after the accident happens. This will mean calling 911 and speaking with a police officer and ambulance crew at the scene. If you feel able to, always get as much evidence as you can at the time, like photographs, witness details, and driver details too. Everything counts here, so do take note of weather conditions, locations, the appearance of the driver, and so on.

Wrongful Death Claims

These are slightly different because the victim is no longer with you, and you are filing a claim as an heir to the decedent or a personal representative of their estate. These circumstances are highly emotive and there is a lot at stake in a different way to the cases above. This will all be explained by your wrongful death lawyer. However, it is still important to work with the facts and present emotions when the time is right.

 

Who You Can Claim Against

Before you start a claim, there must be a decision about who you are filing against. Three options are presented here, and you may have an idea in mind already to present to your vehicle accident lawyer.

The Driver

If you want to create a lawsuit opposing the rideshare driver, this is possible if they were not officially on shift when the incident took place. Every employee of Uber or Lyft etc., must ensure that there is an adequate insurance policy in place for the times when they are not on the app. Generally speaking, if the driver is not actively on the Uber or Lyft app then the lawsuit will be against the driver as an individual and not the company. Make sure you get the facts about whether they were on company time when the accident happened, their license and name, and insurance details too. These will be important.

The Company

However, if the accident takes place while the driver is officially on the Uber or Lyft app, then it is the company who may be liable for the potential damages and compensation. This can be proven by accessing app data, which are all recorded for legal purposes. If you were a passenger, or the driver is on their way to picking up a passenger, or seeking a pickup, then this is concrete evidence and will facilitate a claim against Uber or Lyft.

Other Road Users

Lastly, it may be the case that another road user caused the accident. If that is true, it will be the at fault driver that you need to pursue the case against.

 

Finding Out Who Is Liable

Determining liability always comes with challenges, even when the evidence is hard to dispute. You can do the following to help the process along.

Gather the Facts

As with any lawsuit, the facts are the thing that move everything forward. If you have photographs, medical records and witness statements these are all useful and should be presented.

Start the Claims Process

Begin the claims process with all of your evidence and a clear picture of who you are filing against. This will make all the things to come more accessible and lead to a hopefully better outcome for you or your loved one.

 

Can It Be Done?

The straightforward answer is yes, it can and has been done successfully. A claim, where there is sufficient evidence to support what the victim is saying as the truth, will be filed successfully and see a positive outcome. There have been many cases where passengers, pedestrians and families of lost loved ones have found justice where justice is due.

 

Why Karns & Karns Personal Injury and Accident Attorneys Can Help

At Karns & Karns Personal Injury and Accident Attorneys, we are accomplished rideshare accident lawyers who can support you in making a claim against any and all rideshare companies. Having an experienced attorney by your side makes sense in so many ways because they are the professional with all the skills and knowledge to bring justice to your cause, and that is why you are here.

Filing a successful rideshare accident claim is possible if you have the facts, determination, and an experienced attorney by your side. Being a victim of something like this is life changing for a multitude of reasons, and it is our job to understand that and find the best way forward so that your life is not negatively impacted forever.

5 Essential Questions You Should Ask Your Car Accident Lawyer

lawyers for auto accidents

One of the most important decisions you will be making after being a victim of a car accident is to hire a lawyer that you can trust. Hiring lawyers for auto accidents will skyrocket your probability of getting the maximum claims and compensation from the party at fault.

 

Road To Success With Your Lawyer

Best lawyers for auto accidents will work closely with you and you with them. That means complete transparency is expected and all of the information and minute details of the accidents should be divulged. Considering the pain and suffering you experienced, going religiously to the doctor seems to be an effort but this has to be done. All the documents which will include medical records and bills have to be organized and submitted. Rest assured though that your auto accident injury lawyers will provide all their knowledge, experience and resources to get what you deserve.

 

What Are Your Choices After Being In a Car Accident?

One thing that comes up in your mind when you were involved in an auto accident is what are my choices to address the situation and what is the best option for me.

When you are hurt, you may:

  • Handle everything on your own, pay your medical bills and even future medical expenses (seems less complicated but not the best option for your best interest).
  •  Work for an injury claim with the responsible party with bodily injury liability, you will get what they will just give.
  • Take advantage of an injury claim such as workers’ compensation plan as provided by another form of insurance.
  • File a lawsuit against the responsible driver, their insurance company and if needed another third party.

Your auto accident injury lawyers will explain to you all the choices that you have, the advantages and disadvantages and set expectations on what is required for the recommended option. Ask all the questions to get all the information you need as best lawyers for auto accidents would like you to have the confidence that when you hire them, you know they have your best interest in this battle.

 

What Are The Chances Of Getting The Compensation I Deserve Compared To Other Cases?

Your auto accident injury lawyers are not clairvoyant. However, based on their past experiences and knowledge, they may provide you with an educated guess.

When lawyers for auto accidents evaluate your case, they look into other cases similar to yours. Using a hypothetical “generic” case, the cause of the accident, the injuries, medical diagnosis, treatment and even documentation is easy to determine and accomplish.

In cases such as this, then the insurance company at fault may settle a reasonable amount as they want this to be settled at the shortest possible time.

Reality bites though that this easy and ideal situation where everything will be settled without much of a fuss only exists in our minds. Every case has its own peculiarities. Investigation will take time and the party at fault will do everything to look into loopholes to negate your claims to ensure compensation will be at the minimum.

There are many factors to be considered in determining what would be the amount of claims and compensation. And this is what lawyers for auto accidents will look into and further delve into things that will work best for your case.

 

What Should I Be Ready With Considering The Process of Claiming Compensation?

Just like any situation in life, it is always best to prepare for the worst (in this case a very tedious task and process for you) so it will be easier to digest whatever tasks that have to be done.

Most cases are settled out of court. This doesn’t mean that it is as easy as it sounds. A settlement is reached as your lawyer was able to present a very compelling case on your behalf. As expectations have been set, there will be a back and forth discussion for both parties.

Your auto accident injury lawyers need to prepare for litigation, just like you, they need to prepare for the worst. So it may seem like a walk in the park as all the hard work has been done.

Generally, knowing all these facts and processes will give you a more realistic gauge in terms of timeline on how long your case may go or your claims and compensation be settled.

 

How Many Cases Have You Handled Similar To Mine?

To increase your confidence that you are hiring the best lawyers for auto accidents, you have to ask the number of cases that the firm handles that is similar to yours and what were the results of these cases.

Of course you want someone who is not just an expert in auto accidents in general but also handles more cases that are like yours. That means getting an idea how efficient and effective your lawyer will be in handling your case. Again, this will give you more confidence with your firm. Not only do they know the law, but they had the numbers where they practiced legal strategies and arguments to get what you deserve.

No one can guarantee 100% success but you need the highest probability to win.

 

What Is The Next Step I Need To Take?

After gathering all the answers to these questions, analyzing all the information at hand and analyzing all the facts by weighing all the pros and cons of your options, the ball is in your court as to what path or legal path you will take.

Consider what is important to you; how things will impact you and your loved ones, what is the best scenario for you to recover and have the quality of life you desire.

Once you hire a lawyer, you will be guided on the step by step tasks that need to be done including visiting a medical specialist for a comprehensive accurate and medical diagnosis. You will also be advised not to discuss the case to anyone and be extra careful speaking to insurance companies. Remember, they have their own interest to protect which may be different from yours.

 

Work With The Best, Hire The Best

Call Karns & Karns Personal Injury and Accident Attorneys and ask all these questions as time is of the essence. You need to unburden yourself of all these worries, instead, focus on your health as Karns & Karns Personal Injury and Accicent Attorneys will do all the work on your behalf, for your best interest.

How to Obtain a Police Report After a Car Accident?

Being in a car accident is always a traumatic experience for the victims, even if their physical injuries are not as severe as they can be. Irrespective of the accident’s severity, there are certain steps that must be taken on the victim’s part to boost their chances of getting the compensation they deserve later.

One of those steps is obtaining a police report soon after the car accident. Stay with us as we discuss the process while keeping the various factors in mind.

 

Ensure that the Accident is Reported As Soon As Possible

Every car accident will lead to a police report, provided that the accident was reported in the first place. It does not much matter who made the call, as long as a call to emergency services was made, there will be a police report about the accident.

Even if nobody called emergency services but the victim managed to reach a hospital, the hospital will call the police. If one or more people died in the accident, that too will inevitably have an associated police report. In rare cases, the victim may consider their injuries to be minor at the time and decide it is unnecessary to report the crash to the police.

If a car accident remains unreported, it should be remedied as quickly as possible because it will make it difficult for the victim to claim on their car insurance coverage. If you are not seriously injured, stay on the scene, wait for the officers, give them the bare facts of the case, and refrain from going into any details, allegations, or admittances at all. It can be beneficial later to give the police your perspective as objectively as possible.

Note that you are not required to answer any question about the accident without consulting your vehicle accident lawyer first. Get the police report number from the officers before leaving the scene. If they are unable to provide you with a report number before you leave, you can ask for their names and batch numbers, so that you can contact the department later and get a copy of that report.

 

Obtaining a Copy of the Police Report: The Process

Contact the insurance provider first to find out if they have already procured a copy of the police report. If they have, that can potentially help you avoid a lot of hassle. If that is not an option, then the party will need to contact the police directly to receive a copy of the auto accident report.

The victim or someone on their behalf can contact one of the officers to get an update on the police report and when it will be ready to collect. The process may take anything between a few days to a few weeks, but once it is ready, the party should be able to pick up a copy of the police report at any time after. There are three ways to get a car accident report directly from the police:

  1. Direct pickup
  2. Receiving a mailed report
  3. Receiving an online report

If the attending officers were able to provide a report number, the party should be able to get the same information and the police report from the accident location’s traffic division or website. In case the victim passed away, or if they were not in a state to talk with the responding officers at the time, the party will need to either visit the police station or the traffic subdivision nearest to the accident location.

If they don’t have specific information like the responding officers’ batch numbers, names, or the police report number, the party will need to provide other information to the station. Information such as the time, location, car model, owner’s name, plate number, etc. will help them in finding and then procuring a copy of the accident’s police report.

Can Your Car Accident Attorney Help You with Matters Regarding the Police Report?

Your car accident injury lawyer will guide you through every step of the process. They will also take steps to expedite the entire drafting and procurement process. Just in case you don’t have a road accident lawyer working with you on the case yet, contact Karns & Karns Personal Injury and Accident Attorneys.

The lawyers at Karns & Karns Personal Injury and Accident Attorneys can help guide you through the claims process and obtain the police report for you.  Remember that a consultation with Karns & Karns Personal Injury and Accident Attorneys is free, and if they take the case, Karns & Karns Personal Injury and Accident Attorneys will also not charge any fees before winning the compensation that you deserve.

 

How Important is it for You to Obtain the Police Report?

This is a very important question as the importance of a police report is highly unpredictable. A police report usually provides many key facts relating to the incident.  A police report will help the parties establish who was at fault for the crash.  A word of caution though, a police report is not always accurate.  Many times a police report will contain errors that may shed new light on who was at fault for a crash.  If you were found at fault on a police report you may still have a case. Contact Karns & Karns Personal Injury and Accident Attorneys to analyze the police report in your case if you every question the accuracy of the police report.

In most cases, the prosecuting and defending automobile accident lawyers play big roles in deciding whether the police report will be admitted as evidence by the court or not. It may all depend on which lawyer can argue their case for or against the police report’s admissibility the best.  Even if the police report does not come before the jury, it is still an important piece of data in your case.  Contact Karns & Karns Personal Injury and Accident Attorneys to obtain the police report from you case.

4 Steps to Take When Filing a Personal Injury Lawsuit

When someone is physically and/or psychologically harmed by the action of another, that harm is legally termed as an instance of personal injury. If someone victimized by such an action sues the responsible party through their personal injury attorney, the ensuing case is called a personal injury lawsuit.

Note that in order to launch a successful personal injury lawsuit, it is not necessary for the responsible party to have caused intentional harm to the victim. As long as their actions led to harm, they can be held liable for paying compensation.

Therefore, if you or someone else in your family has been harmed by the actions of a third party, there could be a viable opportunity to seek compensation from the responsible party. The task may seem daunting for obvious reasons at first, but this step-by-step guide will simplify the process for you.

Carefully Collect All Documents

You should pay extra attention to collecting and safely filing all documents related to the incident. At the very least, make sure that you have copies of:

  • The initial police reports, further communications, and investigative reports.
  • The insurance report, communications, and documents.
  • All medical prescriptions, test reports, medication, bills, receipts, and more.
  • Damage assessment reports from experts.
  • Photos, videos, statements, written reports, names, etc. related to the scene of the incident.
  • All of the above directly or indirectly related to the final incident or its aftermath.

Given how varied the cases can be, there is no universal list of documents that can comprehensively include everything. Do not consider any document to be unnecessary without consulting with your personal injury accident attorney first. If you have not yet connected with a personal injury law firm, just keep collecting everything related to the incident for now.

Get to Know the Different Types of Personal Injury Lawsuits

As already explained, any intentional or unintentional injury caused by a third party can qualify as an instance of personal injury. All legally acknowledged instances of personal injury are broadly divided and subdivided into various classifications. It is advisable that you take some time and learn about the different categories and subcategories.

Having only the basic knowledge should be enough for you to identify your own case’s probable category. The following list should provide you with a decent idea about what we are discussing here.

Vehicular/Motor Accident Lawsuits: Personal injuries suffered by a victim after being involved in an auto accident. This includes car accidents, motorcycle accidents, truck accidents, boating accidents, train accidents, and pedestrian accidents to name just a few.

Product Liability Lawsuits: Personal injury caused by a design or manufacturing defect in any product from vehicles and commercial safety equipment to medical tools and construction equipment.

Medical Negligence Lawsuits: Personal injury caused by negligence in medical diagnosis, treatment, procedure, prescription, and/or aftercare.

Work Related Personal Injury Lawsuits: Negligence in workplace safety standards that are responsible for personal injuries from instances of slip and fall, fall from an elevated surface, electrocution, projectile, struck by an object, etc.

Personal Injury Caused by Assault/Abuse: If the personal injuries were caused by intentional assault and/or abuse, you still have the right to sue the alleged assaulter/abuser for compensation separately in a civil court. The criminal charges on them will be tried separately in a criminal court.

Find the Top Personal Injury Attorneys

You can also save yourself the trouble of searching online with keywords and receive a free consultation directly from one of the top personal injury attorneys California has to offer. Karns & Karns Personal Injury and Accident Attorneys specialize in all areas of personal injury claims, ranging from car, truck, and motorcycle accidents to bad faith insurance claims and all claims related to work-related injuries.

It’s a quick, free, and easy way to know if you have a strong personal injury lawsuit on your hands. If a personal injury accident lawyer from the firm does take up your case, they will guide you through every step of the process from that point on. The best part is that Karns & Karns Personal Injury and Accident Attorneys only charge their fees after securing the due compensation for their clients and not before. There are Statutes of Limitations that apply to all personal injury claims, so act as quickly as possible.

Get to Know the Legal Process

After you start working with your or personal injury lawyers, they will help you with:

  • Obtaining all essential documents.
  • Finding the legally responsible party.
  • Categorizing and establishing the case against them.
  • Employing investigative measures to gather further evidence.
  • Assist you in getting the right medical care for your injuries.
  • Filling out the applicable form for personal injury, property damage, wrongful death.
  • Serving notice of the claim.
  • Initiating and negotiating an out of court settlement discussion, if possible.
  • Filing a lawsuit, if the above is not applicable or in case the negotiations fail.
  • Trial.

If your case goes to trial then your personal injury attorney will represent you at the trial with the goal of helping you receive the highest possible compensation for your injuries, treatments, medication, lost wages, emotional damages, and more, depending on the case’s particulars.

What Is a Statute of Limitations?

In the context of legal proceedings related to personal injuries, a statute of limitations is the maximum amount of time that can elapse after an injury before filing a claim. For example, if the statute of limitations is two years, that would mean that you have two years to initiate the lawsuit, after which point your claim would no longer be considered valid. Essentially, the statute of limitations is the deadline for initiating the claim-filing process. The exact statute of limitations will vary depending on the situation and the state in which the event occurred.

 

Is There a Statute of Limitations on Personal Injury Claims?

All states have set statutes of limitations for personal injury lawsuits. Most states have set the statute of limitations for personal injury claims to two years after the date of the injury. However, in some states the statute of limitations can be as long as six years. Here’s a list showing the statute of limitations on personal injury claims in all 50 states:

  • Alabama – 2 years
  • Alaska – 2 years
  • Arizona – 2 years
  • Arkansas – 3 years
  • California – 2 years
  • Colorado – 2 years for standard personal injury claims (3 years for claims involving vehicle) accidents
  • Connecticut – 2 years
  • Delaware – 2 years
  • Florida – 4 years
  • Georgia – 2 years
  • Hawaii – 2 years
  • Idaho – 2 years
  • Illinois – 2 years
  • Indiana – 2 years
  • Idaho – 2 years
  • Kansas – 2 years
  • Kentucky – 1 year for standard personal injury claims (2 years for claims involving vehicle) accidents
  • Louisiana – 1 year
  • Maine – 6 years
  • Maryland – 3 years
  • Massachusetts – 3 years
  • Michigan – 3 years for standard personal injury claims (1 year for personal injury protection) claims
  • Minnesota – 2 years
  • Mississippi – 3 years
  • Missouri – 5 years
  • Montana – 3 years
  • Nebraska – 4 years
  • Nevada – 2 years
  • New Hampshire – 3 years
  • New Jersey – 2 years
  • New Mexico – 3 years
  • New York – 3 years
  • North Carolina – 3 years
  • North Dakota – 6 years
  • Ohio – 2 years
  • Oklahoma – 2 years
  • Oregon – 2 years
  • Pennsylvania – 2 years
  • Rhode Island – 3 years
  • South Carolina – 3 years
  • South Dakota – 3 years
  • Tennessee – 1 year
  • Texas – 2 years
  • Utah – 4 years
  • Vermont – 3 years
  • Virginia – 2 years
  • Washington – 3 years
  • West Virginia – 2 years
  • Wisconsin – 3 years
  • Wyoming – 4 years

As you can see, only three states have set their personal injury claim statute of limitations to less than two years. Louisiana and Tennessee are the only states that have set their statutes of limitations to one year for all kinds of personal injury claims. In California, Nevada, Texas, and most other states, the statute of limitations is set to two years for all kinds of personal injury lawsuits. Keep in mind that many states have shorter statute of limitations when you sue a governmental entity. Be sure to consult with a lawyer to confirm the statute of limitation on your case.

 

Is There a Statute of Limitations on Medical Malpractice Claims?

The law governing medical malpractice claims is slightly different because it is possible for some time to pass before the injury resulting from the malpractice is discovered. As a result, many states have set statute of limitations that may be based on the date of diagnosis instead of the date that actual the malpractice occurred. For example, in California a medical malpractice lawsuit must be filed one from the date that you knew or should have suspected the malpractice not to exceed three years from the date of the malpractice.

 

Is There a Statute of Limitations on Negligence Lawsuits?

Typically, the laws related to negligence lawsuits follow the same statute of limitations as personal injury claims. For example as personal injury claims are generally brought under a theory of negligence.  In California you have two years from the date of negligence to initiate a lawsuit against the negligent party. However, keep in mind that the longer you wait to initiate legal action, the greater the risk you have that the statute of limitations has expired.  Still, even if it has been one year and 11 months since the date of negligence, it is still worthwhile to pursue a lawsuit if you can prove that the other party was at fault.

 

Is There a Statute of Limitations on Wrongful Death Claims?

In most states, the statute of limitations for filing a wrongful death lawsuit follows the same general time frame as a typical personal injury lawsuit. That means the loved ones of the deceased, or the legal representatives they’ve elected, have two years (California) from the date of death to initiate a lawsuit against the allegedly responsible entities.

 

Is There a Statute of Limitations on Slip and Fall Claims?

As you might imagine, a slip and fall case falls under general personal injury claims, which means you’d have two years to file a claim in most states (see the list above for the exact statute of limitations in your state).

 

Is There a Statute of Limitations on Camp Lejeune Injury Claims?

Camp Lejeune represents a unique kind of personal injury case, so you might be wondering if the same statues of limitations apply to it since the event occurred across multiple decades from the mid-1950s to the late 1980s. Since the Camp Lejeune Justice Act (CLJA) was only passed in August of 2022, claimants have two years from the date the Act was passed to file a claim. That means the deadline for filing a lawsuit to obtain compensation for Camp Lejeune water contamination is August 10, 2024. Prior to the CLJA passing, residents of North Carolina and other states who had previously worked or lived at Camp Lejeune were not able to file claims against the government due to the state’s general three year statute of limitations on personal injury claims.

 

Still Not Sure If Too Much Time Has Passed Since Your Injury?

If you still have questions about whether you remain eligible to file a claim for compensation, try discussing your situation with a personal injury attorney during a free consultation. Call us at 877-557-4221 and let the brothers fight for you! It should only take 5-10 minutes or less to get a professional opinion on whether you should pursue a lawsuit based on a simple recollection of the events and a few questions about your supporting evidence and documentation.

5 Common Accidents In California

Accidents can and do occur in everyday life. Being a careful driver, wearing reflective clothing while bicycle, or waiting for the green light to cross the street as a pedestrian are all important ways to reduce your accident risk. However, it’s still too easy to endure the effects of a life altering injury.

Anyone who lives in California would probably not be surprised to learn that the most frequent causes of injuries are slip-and-fall accidents, automobile accidents, truck accidents, pedestrian accidents, and bicycle accidents. The most crucial thing to remember is that you must learn about your rights and take proactive measures to protect yourself and your future if you ever find yourself the victim of such an accident.

Truck Accidents

There are many other reasons why truck accidents might happen, including careless truck drivers, poor vehicle maintenance, and the inability of passenger automobiles to maneuver around larger vehicles. Among the most typical accidents kinds you could experience are listed below:
• Jackknife
• Wide turn collisions
• Truck rollovers
• T-bone accidents
• Tire blowout

If a truck accident has injured you, you must retain the services of a qualified attorney who can assist you in obtaining the money you want to cover your medical expenses, property damage, lost earnings, and emotional distress. Likewise, even if everyone is cooperative and you believe your injuries may be minor, you should consider calling the police and going to the hospital immediately.

Car Accidents

In California, there are hundreds of thousands of car collisions annually. Unfortunately, many car accidents are caused by drivers who are careless or reckless. To significantly reduce the danger of collisions, injuries, and fatalities, drivers must comprehend and steer clear of the most prevalent of these behaviors.
• By limiting a driver’s effective reaction time and ability to maintain control of their vehicle, speeding can increase the likelihood of collisions.
• Each year in California, hundreds of car accidents are caused by drivers under the influence of drugs or alcohol.
• One other accident-causing factor in California is driver distraction. Numerous still-legal distractions, like eating while driving, might increase the likelihood of a car accident.

Motorcycle Accidents

One of the riskiest modes of transportation is a motorcycle. Tragic accidents are more likely to happen to motorcycle riders. Hundreds of motorcycle accidents in California yearly result in injuries or fatalities. Some of the most common reasons for motorcycle accidents in California are the ones listed below:
• Head-On Vehicle Collisions
• Intoxication
• Lane Splitting
• Road Hazards

Speak with motorcycle injury lawyers. Everything will be handled by motorcycle injury lawyers, including gathering proof, speaking with witnesses, communicating with insurance providers, and presenting the case in court.

Train Accident

It is impossible to emphasize railway accidents’ emotional and financial toll on victims and their families. Despite the fatalities and demands for more safety, there will probably be more California train accidents in the coming days. The following list includes some of the most frequent causes:
• Negligent engineering
• Lack of sufficient training
• Equipment malfunction
• Extreme speed
• Inconsistent signals

A train accident lawyer who is well-versed in how California and federal law interact may be necessary for the sufferer. Regardless of your situation, train accident lawyers will vigorously defend your rights and work to get you the money you are due.

Pedestrian Accident

Since pedestrians use the roads, their safety is just as crucial as that of drivers and passengers. However, these mishaps can result in catastrophic injuries or the loss of precious lives. Here are a few of them to keep in mind whenever you set out on foot:
• Intoxicated drivers
• Walking during night-time
• Pedestrians not using the sidewalk
• Drivers making unsafe left turns
• Speeding drivers
• Distracted pedestrians

Get the necessary legal counsel from a personal injury attorney as soon as possible to avoid engaging in a pedestrian accident in California. Do not hesitate to contact Karns & Karns Personal Injury & Accident Attorneys if you or a loved one was injured in an accident. Our pedestrian accident lawyers have years of expertise in helping clients obtain the greatest compensation to cover their damages and injuries. Our injury attorneys will ensure that you receive the correct medical care for your injuries, provide outstanding legal counsel, and secure just compensation.

Let our award-winning attorneys at Karns & Karns Personal Injury & Accident Attorneys help you. Call us at 877-557-4221 today!

6 Things to Do After a Car Accident

Car accidents are one of the most common types of road incidents to occur around the country. Every year, thousands of people get injured or die from these events, and when they do happen, they can be difficult to navigate without the right knowledge and support. So, if you ever find yourself a victim of a vehicle collision, here are six essential steps to take in the aftermath.

 

Do an Injury Assessment

There is a good chance that while the accident is happening, your brain will not keep up. This is a protective response from the brain and is entirely normal. When the dust settles and things are standing still, you might start to feel the impact. This is when you need to assess your injuries and damage to figure out if you can move and whether you need medical attention.

Attend to yourself first because if you are seriously injured, it is vital to take a pause and look after your body. Then you can focus on any passengers that might be on board. Children and the elderly are a priority in this situation and if you are able to help them, this is your first job. If the passengers are stuck or seriously hurt, then make a judgment call on whether it is safe for them to remain in the vehicle until the ambulance support arrives at the scene.

 

Move Away to a Safer Spot

After you have this information, you can make move your car to a safer spot. There is a high risk to your body and vehicle if you stay put so try to move away from active traffic if it is safe to do so. There is no real way to tell what harm has been caused to the vehicle until it has had a professional assessment, so don’t try to fix anything. Prioritize getting to safety for you and all of your passengers too, then you can have a clearer head to deal with the next stage.

 

Phone 911 for Assistance

Here is when you call 911. 911 is there to connect you with the nearest emergency services. You should ask for police and an ambulance to attend the collision scene. These two units are professionally trained for this exact scenario and will be able to direct you and anyone else involved as to what needs to happen.

 

What the Police Will Do

The police attend to take details of the accident from you and anyone that was involved. They will also make further investigations into the scene to find out what could have happened and why it took place. There is a chance you will be breathalyzed, which is a device used to detect alcohol in the blood as drunk driving is a crime and often needs to be ruled out.

 

What the Ambulance Team Will Do

The ambulance crew will naturally assist with any injuries and make a call on whether or not further intervention in a hospital setting is needed. It is normal for your body and mind to be in shock as this event can be traumatic. Make sure the medics team is directed to the person most in need of assistance first so they can receive support and minimize the damage.

 

Exchange Information

Now you have had intervention from emergency services, you can exchange information if appropriate. Try not to leave the scene without acquiring the details of the opposing vehicle because this will be essential information for your insurance claim and any other future events that come from this accident. You will need to:

  1. Take their name, and plate details and ask for the insurance company they deal with.
  2. Take pictures of the crash if you’re in a position to. Photograph your vehicle and the others involved too.
  3. Take pictures of your injuries.
  4. Make an account of what you think happened from your perspective.
  5. Ask the other people involved to do exactly the same thing and give them your insurance details and everything else that is needed as well.
  6. Get the contact information for any witness. Your lawyer will want this to prove that you were not at fault for the crash.

 

Talk to Your Insurance

As soon as possible after the accident, you should call your insurance company to report your claim. Remember that you are only required to report your claim. You do not have to undergo any recorded statements regarding how the crash occurred or the nature and extent of your injuries. You should try to avoid giving a recorded statement to any insurance company. Making your claim should be straightforward, but it may take a while to process when it comes to the administrative side of things. That is why it is important to take action as soon as you feel able to in order to avoid further delays. If your vehicle is completely ruined, and you pay for a replacement vehicle as a part of your policy, this can be arranged too so you are not without transport for a delayed period.

 

Seek Legal Representation

There is a lot more to legal representation post accident than just making a financial claim. A good law firm will help in finding great medical support for any injuries you might have suffered. This will help your recovery process and make you feel cared for in a bigger circle. They can also support you with your medical bills and sorting through all the associated administration that comes along with that. Aside from this, an experienced lawyer will be able to secure the optimum compensation model and ensure that if you are unable to work because of the accident, you get what you need to thrive. This might involve pursuing the opposing party responsible for the accident or clearing your name if an accusation is brought against you.

Car accidents are scary regardless of the circumstances. It is good to know what to do if you are involved in one, and how to navigate life afterward. If you suffer injuries that impede your ability to socialize and work, you may be able to find financial support to help you move in a more positive direction. When the accident is not your fault, and your vehicle is totaled, it can be a frustrating situation for all involved.

Let our award-winning attorneys at Karns & Karns Personal Injury & Accident Attorneys help you. Call us at 877-557-4221 today!

What the Insurance Companies Don’t Want You to Know

When you purchase insurance for your car, in theory, the insurance company is there to help you as the policyholder if you get into an accident. If you are involved in a car accident or sustain a serious injury while driving, then you will need to file a claim with an insurance company in the hope of receiving compensation for any medical expenses you have incurred, loss of income due to not being able to work while you recover from the injuries, and pain and suffering.

Unfortunately, the truth is that insurance companies are more interested in making a profit than they are in helping you. For that reason, there are quite a few things that your insurance company doesn’t want you to know. If you were aware, then you’d be standing in the way of them making money!

So, what are some of the things that insurance companies would rather be kept a secret? Read on to find out more.

 

What You Say Can be Used Against You

After a car accident, your insurance company may ask you to provide a recorded statement addressing what happened and the damage that was done. However, you are under no legal obligation to do this, and it is recommended that you don’t unless you’re doing it with a personal injury or car accident attorney who can help you make sure that you are describing the accident in a way that does not incriminate yourself. In fact, even casual remarks that you make while talking with claims adjusters can be taken as formal statements – especially if you are speculating about whether or not the accident was your fault or describing your injuries. Because of this, it’s important to only stick to the basics when talking about your claim and consult a car accident attorney before giving any statements.

 

Insurance Adjusters are Great At Negotiating

After a car accident, you might simply want to get your money and move on with your life – and the claims adjuster will know this. They might pressure you to accept a settlement offer or even give you a deadline, telling you that you only have a few hours to accept or that this is the best offer that they can come up with. However, it’s best to avoid falling for these tactics and don’t accept the first offer you are given. If you are not confident when it comes to your negotiation skills to get a better offer, you have the right to seek outside counsel and hire a car accident lawyer to negotiate on your behalf.

 

Adjusters Might be Lying to You

Don’t assume that your insurance adjuster is always being truthful with you when it comes to talking about your claim. For example, they might use information that they know about you, such as existing health conditions to tell you that you are not going to be able to make a claim for the injuries you have suffered in the car accident. However, this is not always the truth. There are lots of things that insurance adjusters might say to you in the hope that you don’t know any better and to see if they can get away with it, which is why it’s always best to have an attorney liaise with them on your behalf.  Insurance adjusters are sales people. They want to sell your claim for the lowest price possible.

 

Claims Adjusters are There to Make Money

We’d all like to believe that the insurance company is there to help us. However, the truth is that most of them have the main goal of simply making money for the company. While the claims adjuster might seem like a nice and helpful person while you are speaking to them, their main job is to try and reduce your claim as much as possible, or even try to have it completely denied. Bear in mind that the insurance company does not make any money from helping you, and the claims adjuster works for them.

 

They Hire Doctors to Find Pre-Existing Injuries and Minimize Your Claim

If you allow your insurance company access to your medical records when you sign an authorization form, then they are going to use this to find as much information as possible to minimize your claim. To do this, they will often hire doctors who are there to look through your medical records to try and find any records of a pre-existing condition or injury that they can use to throw doubt on your claim. They might then use this to claim that your injury is not as severe as you say it is. Even if your own doctor is backing you up, the insurance company will hire their own doctors to try and contradict this.

 

They Don’t Want You to Hire a Lawyer

If you have been involved in a car accident, then the first thing you should do is hire a personal injury lawyer. However, your insurance company might want to try to convince you from doing this. They might tell you that hiring a lawyer isn’t worth the cost or that having an attorney is unlikely to help you get a better offer. In most cases, they are hoping that you don’t hire a lawyer so that they are less likely to have to pay out a decent settlement for your case, hoping that without legal counsel you may agree to a seriously low-ball offer just to get it over and done with. Don’t fall for it! Hire an experience personal injury attorney.

 

You Can Sue Insurance Companies for Unethical Practices

Any practices that act against the best interests of the policyholder are considered to be unethical insurance practices. Insurance companies should always act in accordance with accountability laws, but some assume you won’t know about them. A good lawyer will help ensure that your insurance company is held accountable if they act in a way that is against your best interests.

If you’ve been involved in a car accident, Karns & Karns Personal Injury & Accident Attorneys can help you make sure that you’re not falling foul of these insurance company practices. We can liaise with the insurance company on your behalf. Get in touch today for a free consultation and to find out more. Call Karns & Karns Personal Injury & Accident Attorneys now at 877-557-4221.