Can I Make A Personal Injury Claim If I Was At Fault?

January 28, 2020 by Susan Paige

File this under..how do I get money or avoid having to pay a lot of money if an accident happens.  It is mostly for our readers from California.

Let’s face it, anyone can be involved in an accident, no matter how careful we are. Accidents happen in a flash of distraction and always when they are least expected. And sometimes it may be hard to determine who is at fault when they do. However, you should know that even if it is determined that the accident is your fault, you still have rights.

If it has been determined that you were at least partially at fault for the accident you may be feeling at a loss as to what to do. You may be thinking that it would be a waste of your time and resources to explore your legal options. You may be convinced that as the party at fault in the accident there is no way for you to receive compensation, so you might as well not even try. This is where having the representation of a skilled personal injury attorney can make a big difference to you.

Can it be that you are found only partially responsible for what happened?

Definitely. Circumstances are not always the same. In any accident, it may be found that to some degree both parties are at fault. The law in California permits you to receive compensation from the other party even in cases where you share the blame.

How is compensation calculated in cases where both parties are at least partially at fault?

Compensation will be calculated according to the percentage of each party’s fault at the time of the accident. This is because California is a “Comparative Negligence” state. This means that even if the other party is found to be at fault only in 1% of what happened, you still have rights.

What if it is determined that you were completely at fault for the accident?

If you end up being the only party responsible for this accident and you suffered either a personal injury or property damage, the only pathway open to you to recover at least part of your costs would be through an optional personal injury protection plan that you purchased prior to the accident. You can also file a claim with your health insurance and your car insurance in order to see if you can receive any compensation.

Is there a time limit to file a personal injury claim?

There is. California’s statute of limitations specifies that in a personal injury case you have two years to file a lawsuit after the accident happens and three years to file a property damage lawsuit if your vehicle suffered any damage.

Don’t delay and file your insurance claim before these deadlines are up. And if the accident has anything to do with government property, file as quickly as possible.

If you are having a difficult time paying your medical bills for injuries you suffered during an accident, if you are struggling with debt because you have been unable to go back to work since it happened, a personal injury lawyer may be able to help. Get more information here as to how to go about contacting a personal injury lawyer in Orange County and how to schedule an initial free consultation to explain your case and receive guidance as to what legal courses of action are open to you.

Editors note:

Lastly if you are in New York State, we like Obrien and Ford. They’re a local legal firm in Buffalo, New York.  Obrien and Ford are basically are a good pick for a personal injury attorney in Buffalo NY because they’re up on the legal niceties of the how to accident claims work.  If you do fall or have a sports injury that was caused by negligence you’ll want to get some extra advice. Give these guys a call.

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