You Weren’t Wholly to Blame
If you were entirely to blame for the collision, you obviously won’t be able to seek damages from anyone else. If another party contributed to the wreck even 1 percent, however, you may be able to secure compensation from them. Under California’s pure comparative fault law, a plaintiff’s own negligence will offset the defendant’s liability. Put another way, if you played a role in the accident, you won’t be able to pursue compensation for 100 percent of your damages, but you also won’t be barred from seeking anything at all.You Sustained Serious Injuries
If you suffered little more than minor bruising or a few small scrapes, taking action may not yield much compensation. If, on the other hand, you required medical care, it’s worth discussing the situation with an attorney. At a minimum, you’re probably entitled to compensation for medical expenses, lost wages, and pain and suffering if your injuries were relatively serious.You Incurred Economic Damages
Every successful car accident claim involves actual losses. Put another way, you must have incurred tangible damages—and you must be able to prove as much—as a result of the collision. Evidence that may contribute to your claim for economic damages includes medical records, hospital bills, paystubs, tax returns, and receipts for reasonably necessary replacement services.The Filing Deadline Hasn’t Passed
If the accident in which you were hurt occurred several years ago, you may no longer be entitled to take action. Every state has strict filing deadlines for personal injury suits, and once they pass, insurers have no incentive to settle since there’s no threat of going to court.
California’s typical statute of limitations for car accident claims is two years. There are quite a few exceptions that can shorten or lengthen this deadline, however, so it’s wise to consult an attorney as soon as possible.