How Car Accident Settlements Work in California

A lawyer with a legal document in front of them.

When a person has an accident and another party is found to be liable for the accident, there will be an agreement between the two where the liable ones will financially compensate the injured person. These cases are fairly sensitive and result in a final end, which means that your legal counsel has to ensure that the amount recovered is sufficient for the injured person’s needs.

After the case, the injured person may not be allowed to acquire accidental settlement in case it’s repeated.

Parties to a Settlement

The one at the receiving end of the injuries because of a car accident will generally have a legal claim, which they can file against any party that may have made some decision or action which lead to the accident eventually taking place.

At this stage, the car accident injury attorneys work to identify those legally liable individuals or entities.

Duty of Care

The duty of care refers to legal and moral obligations for people to behave in a civil way and prevent others from coming into harm’s way due to their actions. As a driver, one of your responsibilities is to maintain the duty of care. This responsibility also applies to manufacturers of cars and their parts. They have to produce quality components that aren’t defective, as their failure can lead to accidents.

A lawyer speaking to a client.

Figuring Out Who Breached the Duty of Care

The lawyers focus on all of the information that they can gather on the case to point out who was responsible for any decision or action that caused the violation of the duty of care, leading to the accident. For example, it could’ve been another driver driving recklessly trying to cut the victim off. Perhaps there’s a known issue with the vehicle which led to the accident happening.

Or it could’ve been a mistake made during recent repairs on the car which caused it to malfunction. These can also include other parties.

Settlement Amounts

After determining who breached the duty of care, an experienced personal injury attorney will determine what the party that breached the duty of care owes the injured individual. There are a wide variety of factors that can cause this amount to fluctuate, ranging from the damage caused for the individual, their vehicle, how old they were, any potential expenses.

The best attorneys are aware that they can’t demand exorbitant sums from anyone and have to determine whether the liable person or party is capable of paying the dues, to begin with. After this, a negotiation process will take place.

Had an accident and believe another party may have contributed to it? You might be liable to accidental coverage. Our accident claim settlements attorneys will help you assess who led to the breach of duty of care to work on getting you the reasonable amount entitled for your damages. If you’re looking for a general practice firm in Chico, CA, you can reach out to us today at Marquez Law Offices.

 

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