When Does a Car Accident go to Court in California?

28 Dec When Does a Car Accident go to Court in California?

Posted at 00:16h in California Law, Car Accidents, Personal Injury by Steve Gimblin 0 Comments

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A car accident can be very disruptive and will often leave a lasting impact on those people involved. In California, the legal processes that surround a car accident can be complex and time-consuming, and if you’ve been involved in one, you may want to know details such as: “When does a car accident go to court in California?” In this blog post, we’ll take a closer look at the intricacies surrounding California car accident cases. We’ll give you an insight into the legal journey you may expect from the moment that the accident takes place to a potential courtroom resolution. Here’s what you need to know.

Is a Car Accident a Civil Case or a Criminal Case?

Before jumping into the court process, it’s good to know whether a car accident case can be classified as “civil” or “criminal.” In the majority of situations, car accident cases in California are considered to be civil. This means that they involve a dispute between individuals or entities and a case plaintiff would be seeking compensation for damages or injuries rather than any criminal punishment. Whenever two or more parties are involved in a car accident case, the party that sustains injuries can pursue a civil lawsuit to recover damages from the at-fault party.

Is There a Statute of Limitations When It Comes to Pursuing a Car Accident Claim?

The statute of limitations is a critical aspect of the legal framework governing car accident claims in California. This legislation establishes a specific time frame within which an individual must file any claim to seek compensation for damages or injuries that result from a car accident. Generally speaking, this time limit is two years from the date of the accident, but there are certain caveats.

In some cases, an injury that results from an accident may not be immediately apparent. In this case, California law has a “discovery rule,” which allows the statute of limitations to start from the date the injury is discovered (or reasonably should have been discovered).

Also, specific timelines and procedures may be in play if the at-fault party works for the government or as a government entity. For example, a claim against a government entity typically has a six-month limit instead of two years, so failure to comply with these requirements could jeopardize your right to seek compensation.

In government cases, the process begins on the day you file your claim. The government then has 45 days to respond, and if they deny your claim during those 45 days, you have six months from the denial date to file a lawsuit in court. However, if you do not get a rejection letter, you have two years from the day the incident occurred to file.

In the event of a wrongful death claim, the statute of limitations will begin two years from the date of the individual’s desk. So, surviving family members must file a wrongful death claim within that timeframe to pursue any damages.

Don’t forget that a failure to initiate legal proceedings within any statutory timeframe could lead to outright dismissal of the claim. This would leave individuals without any recourse whatsoever for injuries or damages, so swift action is important, and it’s always a good idea to engage legal counsel to navigate any complexities along the way.

What’s the Step-By-Step Process from the Moment of the Accident?

There are important steps to take at the accident scene wherever possible, which will start the ball rolling as you build a case.

1. Report the Accident and Gather Evidence

You must get in touch with the local police or California Highway Patrol so they can document the details of the accident. If the accident is serious and you are unfortunately incapable, the police will inevitably attend and create that documentation.

It’s best to exchange information with the other parties involved, including names, contact information, vehicle details, and insurance data.

Gather as much evidence as possible at the scene to support your case later on. This typically includes photographs of the accident scene, visible damage or injuries, and vehicle identification. Gather eyewitness statements to help establish the sequence of events that led to the accident.

2. Get Medical Attention

Many people may seek to brush off the effects of an accident, especially if they appear minor at first. However, getting medical attention is still important, as some injuries may not manifest any symptoms immediately. For example, this may be the case when you suffer a whiplash injury following a rear-end collision. As you may experience heightened adrenaline levels following an incident such as this, you may not notice any symptoms. However, whiplash injuries can be complex and cause significant difficulties in the future, and you may require compensation to deal with such injuries.

When professionals compile medical records, they document the injuries and treatment, which will serve as an essential piece of evidence in the legal process.

3. Tell the Insurance Company

Once you’ve taken care of the immediate and important matters, get in touch with your insurance company promptly. Most policies require that you give them timely notice of any accidents. Bear in mind that if you fail to do so, this may affect your ability to file. Give them a detailed account of the accident and any information you have gathered, which will help them start the process. You can find out more about the insurance process here.

4. Talk to an Attorney

If you want to pursue a legal claim for damages, it’s a good idea to talk with an experienced personal injury attorney as soon as possible. A lawyer who specializes in car accident cases can give you valuable guidance to tell you about your rights and the strength of your case. They’ll also detail the potential compensation you may be entitled to. Remember that good attorneys often offer free initial consultation so that you can talk about the specifics of the case without any financial commitment upfront.

5. Start Initial Negotiations

In most situations, a car accident claim can be resolved through negotiations with an insurance company without the need for any litigation. While this is something that you can do yourself, it’s always best to get an experienced attorney to engage in these discussions with the other party’s insurance company. This will involve exchanging information and presenting evidence, medical records, and any other relevant detail that can support your claim.

6. Deal with an Impasse

It’s difficult to know what percentage of car accident cases go to trial versus those that are settled before. However, if you (or your attorney) cannot reach a satisfactory resolution with the insurance company, or you feel that a settlement offer is unfair, you can then file a lawsuit.

7. File a Lawsuit

The California court system needs a formal legal document to initiate a lawsuit called a “complaint.” Within this document, your attorney will outline the salient facts of the case, the injuries you sustained, and the damages that you seek.

Once the court receives and processes a complaint, it will send a summons to the at-fault party (the defendant). This will notify them of the existence of the lawsuit and give them a specified period to respond. They will then reply to either admit or deny the allegations and present their own defenses.

8. Discovery

The discovery process can begin once these initial documents have moved back and forth. This will allow both parties to gather each other’s evidence and information, and this discovery process can take many forms. For example, the parties may request documents but also stage a written interrogation or conduct a more formal deposition. During a deposition, both parties (and witnesses where relevant) can be questioned under oath, as if this meeting took place in an actual court. It’s a crucial part of the process to help build a strong case and understand the strengths or weaknesses of each party’s argument.

9. Discuss Mediation

It’s often a requirement that both parties participate in a mediation or potential settlement discussion. Mediation is another negotiation process hosted by a neutral third party whose job is to try and help the parties reach a mutually agreed settlement. Sometimes, a settlement discussion will be separate, which will occur upon the successful conclusion of mediation.

A lot of car accident cases are resolved at this stage, as it is always a good idea to avoid the time, expenditure, and uncertainty of a trial. So, should a settlement be reached here, the case can conclude without a courtroom appearance.

10. Address Pre-Trial Motions

Should the parties be unable to settle, the next step is a pre-trial motion. This legal argument is given to the court before the trial begins, and there are several types of pre-trial motions. For example, a lawyer may file a motion to dismiss or exclude certain types of evidence or for the court to issue a summary judgment in advance of trial. The court will receive these documents and make a ruling, shaping how a trial pans out.

11. Attend the Trial Itself

So, what happens when you go to court for a car accident? Going to court for a car accident settlement may seem daunting, but it’s much easier if you are accompanied by an experienced attorney.

During a formal trial, the parties will present their evidence and arguments before a judge. This process will typically take a set approach, including the reading of opening statements, presentation of evidence, examination and cross-examination of witnesses, and closing arguments.

You may want to know how long a trial like this can last. Typically, the duration will vary based on the case complexity, the number of witnesses, or other factors. Simpler cases may only last a few days, while others could extend into weeks or months.

12. Receive Judgement

At the conclusion of the trial process, the judge (or jury in complicated cases) will deliberate. They’ll then render a verdict, typically setting out the damages due.

13. Handle Post-Trial Motions or Appeals

If one or both parties are unhappy with the outcome, they can request specific actions or even challenge the trial. It’s typically possible to file an appeal to a higher court, but these appeals may not examine the facts of the case but rather focus on any legal errors that may have been made during the trial.

What Type of Damages Can You Seek in a Car Accident Claim in California?

There are various different types of damages available in a car accident claim. Each case will be different, and your attorney can advise you about the types of damage you may pursue.

Economic Damages

These damages represent tangible losses that can be easily measured.

For example, medical expenses due to the accident may relate to hospitalization, medication, surgery, rehabilitation, and other treatments. People can generally seek compensation for past and future medical expenses so long as the future expenditure can be directly tied to the accident itself.

You can also seek compensation for property damage where you have to repair or replace the damaged vehicle (or any other property damaged in the accident).

Many parties will be unable to work due to the injuries they sustained in the accident, and if so, they can claim compensation for lost wages. This can include past and future income you may have earned if not for the accident. If the incident leads to a long-term or permanent impact on your ability, you can also claim for the loss of earning capacity.

Non-economic Damages

This damage claim refers to a subjective loss that can often be difficult to quantify. However, you may be able to claim for pain and suffering, emotional distress, or mental anguish due to the accident and injuries. Emotional distress includes psychological or emotional trauma that may manifest in sleep disturbances, anxiety, or depression. Further, if the injuries negatively impact your relationship with your spouse or family members, they may be able to seek compensation in what is known as the “loss of consortium.”

Punitive Damages

Finally, these damages may be available in more exceptional cases, where the at-fault party may have behaved in a reckless manner.

Getting Legal Support to Help File a Car Accident Claim in California

Car accident claims can be complex and involve many parties, including insurance adjusters, medical professionals, and lawyers. It’s never easy to file and pursue such a claim by yourself, and it’s always a good idea to enlist the services of a good car accident attorney.

At the Law offices of Steve Gimblin, you’ll find Northern California’s expert injury law team. We’ve recovered millions of dollars for accident victims through the years to help navigate the sometimes murky and predator-filled waters of insurance settlement and injury lawsuits.