Auto Accident Lawyer San Diego

The following must be proven in a California auto accident case before damages can be recovered;

• The defendant owed the claimant or deceased person a duty of care
• The defendant breached that duty
• That breach resulted in the injuries or death

Drivers in California owe other road users a duty to use reasonable care when on the road. When a driver breaches this duty and drives unreasonably, they may be held liable if they injure or kill someone in an accident.

In the aftermath of an auto accident, an experienced auto accident lawyer San Diego at Hayes Law can help you prove elements of negligence. We can help you prove how another party breached their duty of care. An auto accident lawyer San Diego can help you establish a connection between the breach and injuries or death.

Sometimes, both the defendant and plaintiff may be partially to blame for causing an auto accident if they were both negligent. Fortunately, the State of California does not bar an auto accident victim who is partially to blame for their auto accident from recovering compensation. Under the state's comparative negligence rule, if both parties are to blame for the auto accident, the injured party can still recover compensation. Usually, if a plaintiff is partially to blame for their auto accident, the compensation they recover is reduced by their percentage of fault.

For example, if a plaintiff is 40% to blame for their auto accident, they will recover 60% of the compensation awarded. In a case where the compensation recovered is $5,000, a plaintiff who is 40% to blame for their auto accident would recover $3,000 (60% of 5,000).

Fortunately, the state of California is a pure comparative fault state. In California, victims of auto accidents can recover compensation in a personal injury claim even if they are 99% to blame for the accident.

Fault and negligence in a California auto accident case may be complicated. Each party might try to pin the blame on the other for the accident. An auto accident lawyer San Diego can help you prove that you did not do anything that contributed to your accident. We can help you prove that the defendant is entirely to blame for your injuries and subsequent losses. Even if you are partially to blame for your auto accident, your auto accident lawyer San Diego can help you recover what you are owed.

In California, people who suffer injuries in auto accidents can recover different types of damages. Usually, claimants recover compensatory damages, that is, economic and non-economic damages. Economic damages relate to financial losses and are easily quantifiable, whereas non-economic damages relate to non-financial losses and are not easily quantifiable.

Some economic damages an auto accident lawyer San Diego can help you recover in a California personal injury auto accident case include the following:

• Medical expenses
• Lost wages
• Vehicle repairs or replacement
• Medication and medical supplies

Some non-economic damages an auto accident lawyer San Diego can help you recover in a California personal injury auto accident case include the following:

• Pain and suffering
• Emotional distress
• Mental anguish
• Compensation for scars or disfigurement
• Loss of enjoyment of life
• Compensation for loss of limb

Sometimes, auto accident victims may also be able to recover punitive damages. In California, punitive damages are usually awarded if you can show malice, oppression, or fraud. Typically, punitive damages apply in cases of extreme recklessness or intentional harm.

An auto accident lawyer San Diego at Hayes Law can help you calculate your economic and non-economic damages and recover what you are owed. We can also help you recover punitive damages if you are eligible to recover such damages. Working with a law firm that understands the best way to navigate auto accident cases will increase your chances of obtaining the payment you deserve. At Hayes Law, we know how to navigate even the most complex auto accident cases.

When a person dies in a motor vehicle accident, the surviving family can file a wrongful death claim and hold the negligent party liable. Family members who are qualified to file a wrongful death claim in California include:

• Spouse or domestic partner
• Children
• Grandchildren
• Anybody else entitled to the deceased person’s property under California’s intestate succession laws

An auto accident lawyer San Diego can assist you in filing a wrongful death auto accident claim. Some of the damages we can help you recover in a wrongful death claim include the following:

• Burial expenses
• Lost financial earnings the deceased would have earned
• Compensation for loss of companionship and support
• Punitive damages

The last thing you want to deal with after losing a loved one is a wrongful death claim. However, the compensation you recover in such a claim can help you recover financially. An auto accident lawyer San Diego can deal with all the legal aspects of your wrongful death auto accident claim while you focus on healing after your loss and moving forward.

In California, you have two years from the date of the accident or death (if the person dies sometime after the auto accident) to file an auto accident claim. If you fail to file your auto accident claim within the set time, you may be barred from recovering compensation. Nevertheless, there are some exceptions to this time limit, including for people lacking mental capacity.

An auto accident lawyer San Diego can help you file a claim against a negligent party on time.

• Spouse or domestic partner
• Children
• Grandchildren
• Anybody else entitled to the deceased person’s property under California’s intestate succession laws

An auto accident lawyer San Diego can assist you in filing a wrongful death auto accident claim. Some of the damages we can help you recover in a wrongful death claim include the following:

• Burial expenses
• Lost financial earnings the deceased would have earned
• Compensation for loss of companionship and support
• Punitive damages

The last thing you want to deal with after losing a loved one is a wrongful death claim. However, the compensation you recover in such a claim can help you recover financially. An auto accident lawyer San Diego can deal with all the legal aspects of your wrongful death auto accident claim while you focus on healing after your loss and moving forward.

Although you are legally allowed to file a California auto accident claim on your own, it is not recommended that you do so. Even if you are a bit familiar with the legal system, you can still benefit from retaining the services of a skilled auto accident lawyer San Diego. An experienced auto accident lawyer San Diego has a better idea of proving liability and calculating damages. You should not accept an offer from the insurance company if it does not cover all your damages.

The good news is that you do not have to worry about affording an auto accident lawyer San Diego when dealing with Hayes Law. An auto accident lawyer San Diego at our law firm can handle your case on a contingency fee basis. We even offer a free initial consultation.

After suffering injuries or losing a loved one in an accident in California, the last thing you want is to fight the insurance company for fair compensation on your own. You may be tempted to accept the first offer from the insurance company, but unfortunately, the first settlement offer from an insurer is usually low.

Allow an experienced auto accident lawyer San Diego to help you fight the insurance company. Let us help you negotiate for the compensation you deserve. If the insurance company refuses to give you a fair offer, you can trust that we are ready to fight for you in front of a jury.

At Hayes Law, we can take on auto accident cases involving, among others, the following types of accidents”

• Head-on collisions
• Rear-end collisions
• Multi-vehicle accidents
• Rollover accidents
• Side-impact accidents
• T-bone accidents
• Hit and run accidents

An auto accident lawyer San Diego can help clients with all types of personal injuries, including the following;

• Traumatic brain injuries
• Back and neck injuries
• Bone fractures
• Spinal cord injuries
• Permanent disabilities
• Burns
• Soft-tissue injuries
• Scarring and disfigurement

At Hayes Law, we can also help you fight for compensation for non-physical injuries. We can help you recover compensation for your mental and emotional suffering and your physical pain and suffering. Trust us to help you through the next steps after an auto accident. We can help you understand what to do after an auto accident and recover from your accident physically, mentally, and financially.

At Hayes Law, our commitment is to our clients. An auto accident lawyer San Diego at Hayes Law will take time to know you as a client and how the auto accident has impacted your life. We have helped countless clients recover the compensation they deserve after suffering injuries, and we want to help you, too. A skilled auto accident lawyer San Diego at Hayes law will offer you experienced and personalized services.

If you have suffered injuries or lost someone in an auto accident in San Diego or anywhere in California, do not risk handling your case on your own. Contact an auto accident lawyer San Diego at Hayes Law to schedule a free, no-obligation consultation. We can encourage the insurance company to pay you what you deserve for your losses. If the insurance company refuses to offer you a fair settlement, we will not hesitate to litigate your case in court.