Newport Beach Car Accident Attorneys
Newport Beach Car Accident Attorneys
The average driver is involved in a collision about once every 18 years. When the overwhelming majority of your time on the road is accident-free, it’s easy to underestimate the devastating impact of a serious wreck. If you are now experiencing the physical, emotional, and financial toll of a major collision, turn to Harris Personal Injury Lawyers. Our car accident attorneys in Newport Beach can help you fight for the full compensation you deserve. If another party was responsible for the crash, you may be entitled to compensation for medical costs, loss of wages, vehicle repairs, pain and suffering, and other damages. Our lawyers won’t let the insurance company get away with offering a low payout. We will aggressively pursue the highest possible settlement, and we’re not afraid to file a lawsuit if the opposing party refuses to cooperate. To set up a free case evaluation, call 1-800-GO-HARRIS.
What Must I Prove to Win a Car Accident Claim?
It’s common for people to assume that filing an auto accident claim is fairly straightforward. You visit the doctor, call your insurance company, and the matter almost takes care of itself. Unfortunately, the process is rarely this simple—especially if you’ve been seriously injured or lost a family member in a wreck. When there’s a lot of money on the line, insurance adjusters tend to invest more effort and resources into finding reasons to dispute the claim. They might monitor your social media profiles for photos of you taken after the crash that can be used to argue that your injuries aren’t that serious or that you are ignoring your doctor’s orders. The adjuster may even ask leading questions during a recorded phone call to elicit responses that can be used later to dispute your claim. For this reason, it is best to let your Newport Beach car accident lawyer handle all dialogue with the insurance company. If you intend to bring a third-party claim against the insurance provider of the liable party, you must be able to prove liability, causation, and damages:
- Liability: Your attorney will have to show that the opposing party was legally responsible, or “liable,” or the damages you have incurred. In most car accident claims, establishing liability requires the claimant to prove negligence. That means you must be able to show how the at-fault party breached the duty of care owed to you—i.e. failed to act in a way that a person of ordinary prudence would have acted under the same circumstances. Examples of breaching the duty of care include speeding, driving under the influence of alcohol, and running a red light. Valuable evidence to prove negligence and liability may include video footage of the collision, photographs of the scene, deposition from expert witnesses and eyewitnesses, and the police report.
- Causation: Sometimes proving causation is straightforward, but a dispute might arise if you had a preexisting injury or illness. In this scenario, the opposing party may assert that you are seeking medical bills and other damages for a condition that was not caused by the accident. Evidence to counter such a dispute includes your medical records and the deposition of medical experts.
- Damages: What kinds of losses have you incurred as a result of the accident? These losses are called “damages.” Examples include medical bills, lost income, property damage, pain and suffering, and loss of life enjoyment. To recover compensation for 100 percent of your damages, you will need strong evidence to prove the kinds of damages incurred and their value. You will also have to take reasonable steps to mitigate your damages such as following your doctor’s orders. Your award of damages may be reduced if the opposing party can prove that your own negligence somehow contributed to the crash.
You can expect the insurance adjuster to take advantage of any opportunity to dispute liability, causation, or damages. We’ve already touched on a few disputes that commonly arise in these cases—for example, trying to shift liability to the victim or to another defendant, or arguing that the claimant has failed to mitigate their damages. There are dozens of other reasons why a dispute might arise. Our car accident attorneys in Newport Beach can help you avoid and counter disputes by performing a thorough investigation and compiling all available evidence. We will prepare for settlement negotiations as if we are going to trial, and we are not afraid to file a lawsuit if the opposing party refuses to cooperate.
Call 1-800-GO-HARRIS for a Free Consultation with a Newport Beach Car Accident Lawyer
Our team will use all the resources at their disposal to help you and your loved ones pursue the compensation you need to move on with life. Call 1-800-GO-HARRIS or send us a message to arrange a free, no-obligation case assessment.