San Luis Obispo Car Accident Lawyers
Fighting to Help You Pursue Maximum Compensation for Your Injuries
If you suffer injury in a motor vehicle accident and it was not your fault, you must seek quality representation immediately. Motor vehicle accidents often result in car accident victims suffering serious injuries that take significant time to heal. Even with health insurance, many individuals are forced to deal with unexpected medical bills that are challenging to pay. Finally, many victims are unable to work and worry about how they will support themselves and their families.
James McKiernan Lawyers is a personal injury law firm dedicated to helping victims recover compensation for their injuries sustained in motor vehicle accidents. When you come to us for help with your case, we will act as your legal advocate with the insurance company to protect your rights. California’s comparative negligence law allows financial settlements to be reduced if the victim shares any fault for the car accident. As a result, insurers often look for ways to blame accident victims, such as denying or reducing payouts.
If you have been injured in a car accident, contact our law firm and ask to schedule a free consultation with a San Luis Obispo car accident lawyer who will evaluate your case professionally.
What Are Some Common Causes of Auto Accidents?
The best way to avoid a car accident is to understand how accidents commonly happen. Our law firm’s San Luis Obispo auto accident lawyer is ready to explain some of the significant causes of motor vehicle wrecks.
Knowledge is power, and these tips for the road may keep you safer next time you travel. A car accident can happen anytime on a short commute to work or a more extended trip to visit family and friends. Keep an eye out for these unsafe drivers, and be sure to avoid these behaviors yourself:
- Distracted drivers: Distracted driving behaviors include texting, talking on a mobile phone, rubbernecking, and adjusting technologies such as radio or GPS.
- Driver fatigue: Drowsy driving leads to drifting vehicles, varying road speeds, and bad decision-making.
- Drunk driving or driving under the influence: Drunk drivers kill about 16,000 people per year.
- Speeding: Speeding increases the risk of crashing and reduces the time necessary to avoid a collision.
- Aggressive driving: Aggressive drivers tend to tailgate, flash their lights, fail to yield, disregard traffic signals, or display rude or aggressive behavior. Do not engage aggressive drivers, and call 911 if a driver behaves in an overtly dangerous way.
- Weather: Inclement weather, such as snow, ice, or other hazardous conditions, can make driving dangerous. You should always use your lights and wipers and adjust your speed accordingly.
However, even if you are a cautious driver, other motorists can pose a significant risk to your safety. If you have been involved in a serious car accident, contact our San Luis Obispo personal injury lawyers to learn more about how we can help you recover damages.
What are the Most Frequently Reported Car Accident Injuries?
It is important to remember that every car accident is different, and any injuries victims sustain will also vary depending on the circumstances. However, most accident reports cite common physical injuries that can range from minor cuts and scrapes to those that are more severe, such as spinal cord or traumatic brain injuries.
Other common car accident injuries include:
- Minor injuries, including whiplash, bruises, and sprains
- Head, neck, and back injuries
- Fractured or broken bones
- Internal injuries
- Facial and dental injuries
- Burns
However, often severe injuries occur that can leave a victim permanently disabled, severely diminishing their quality of life, and often requiring lifelong medical treatment. Permanent or catastrophic injuries include:
- Spinal cord injuries that result in paralysis
- Traumatic brain injuries
- Amputations
- Organ loss
- Severe burns
After you are involved in a car wreck and you receive medical attention for your injuries, take the next steps and contact an accident injury attorney to find out if you are eligible to seek compensation. The dedicated staff at James McKiernan Lawyers will work hard to determine the parties at fault for your accident and hold them accountable for their negligence.
How Can Your San Luis Obispo Car Accident Lawyers Help Me Recover Compensation for Damages?
Our San Luis Obispo personal injury lawyers recognize that injured victims must recover compensation for their damages. Our main objective is to ensure that you receive a fair settlement that will cover your current and future medical costs and compensate you for the emotional trauma you have suffered.
An experienced personal injury attorney can help you recover economic damages that pay for out-of-pocket expenses such as lost wages, loss of earning potential if you cannot return to the same type of work and property damage.
Depending on the facts involved in your personal injury case, a lawyer may also be able to help seek compensation for non-economic damages such as pain and suffering, loss of enjoyment of life, and permanent disfigurement and scarring.
One of the most significant advantages of hiring a personal injury attorney is their ability to thoroughly evaluate your case and maximize compensation. Allow our personal injury lawyer to review your case so we can help you receive the full and fair compensation you deserve.
How Long Do I Have to File a Wrongful Death Claim if My Loved One Died in a Car Accident?
If you have tragically lost your loved one in a car accident, you may be able to file a wrongful death claim to try and recover compensation. Generally, eligible family members have up to two years from the date of their loved one’s death to file a claim.
However, California law does make specific exceptions to the two-year time limit. For example, if the only surviving heir is a minor, they have two years from the day they turn 18 to file a claim. Additionally, if the negligent party is a government employee or entity, the time limit is shortened to six months.
It is important to remember that wrongful death claims are similar to personal injury claims. If the decedent would have lived and been eligible to file a personal injury claim, then most likely, their surviving family members can also file a wrongful death lawsuit.
Family members who are eligible to file a wrongful death claim include:
- Surviving spouse or domestic partner
- Children or stepchildren
- Dependent minors living in the decedent’s household for at least six month
- Parents of the decedent
If there are surviving eligible family members, the state’s intestacy laws dictate that siblings or children of deceased siblings are first in line, followed by grandparents.
California’s “one action” rule stipulates that only one wrongful death claim may be filed, and if compensation is awarded, family members divide the settlement equally. Compensation that may be awarded includes economic damages that cover any medical bills the decedent incurred due to their fatal injury, funeral and burial expenses, and loss of income and benefits. Non-economic damages may be awarded for pain and suffering, emotional distress, and loss of companionship.
How Does California’s Comparative Negligence Law Affect Personal Injury Claims?
California subscribes to a comparative negligence doctrine, meaning that if a person is found to be partially to blame for an accident, any financial recovery they receive will be reduced by the percentage of fault assigned to them.
For example, suppose you are involved in an auto accident and are awarded a financial settlement of $100,000. However, you are also found to be 20% at fault for causing the accident. Your personal injury settlement will be reduced by 20% so that you will take home $80,000.
Due to the state’s laws, insurance companies often find ways to blame car accident victims so they can pay less in claims. Because of the manipulative tactics that insurance providers use to try to protect their profitability, it is always best to hire a San Luis Obispo personal injury lawyer if you have been injured by someone else’s negligence.
Our experienced legal professionals are familiar with insurance providers’ methods and are fearless about standing up for our client’s rights. We have extensive experience dealing with insurers and have been able to negotiate significant financial settlements for clients. However, if an insurance company is unwilling to negotiate a fair settlement, our San Luis Obispo attorneys are prepared to file a personal injury lawsuit on your behalf.
If you have been involved in a car crash and are not sure if you may be partially at fault or have other questions regarding the state’s comparative negligence law, contact our law firm so we may answer your questions.
What Makes Your Car Accident Attorneys the Right Choice to Help Me With a Personal Injury Claim?
San Luis Obispo has many personal injury law firms that promise clients they can obtain favorable results for their cases. Unfortunately, many personal injury attorneys make promises they cannot keep, and clients feel frustrated with the results.
James McKiernan Lawyers is a law firm that understands the needs of those who have been injured by others’ carelessness. We have been proudly serving San Luis Obispo County for over 50+ years and are dedicated to helping clients who have suffered personal injuries obtain maximum compensation.
Our injury lawyers recognize that if you have suffered severe injuries, you need time to fully recover and not worry about dealing with the insurance company. Our attorneys will help you navigate the confusing personal injury claims process from start to finish and keep you informed every step of the way.
If we agree to take your case, our San Luis Obispo lawyers will fight to ensure you obtain financial compensation to pay medical bills and other accident-related damages. Our legal team has comprehensive experience helping clients and knows what it takes to get results.
If you suffered an injury in a California automobile accident, call James McKiernan Lawyers at 805-476-4304 or contact us online. For your convenience, we offer free consultations. Our experienced lawyers are ready to discuss your best compensation options and explain how we can help.
