In 2019, there were nearly 3,800 people killed and over 269,000 people injured in car accidents in California. The legal process that follows a car accident can be long and complex, depending on the severity of the crash and injuries. Obtaining medical care, gathering evidence, negotiating with insurance companies, and potentially going to court all contribute to what can often be a months- or years-long journey to reach a resolution.
Seeking Medical Treatment
The first step after any car accident is to seek medical attention, even for minor injuries. Adrenaline and shock can mask symptoms immediately following a crash. Getting checked out thoroughly by a doctor creates a record of your injuries and the diagnosis. This medical paperwork becomes important evidence if you need to file an injury claim later.
For more severe injuries like broken bones, concussions, or internal damage, treatment and recovery can take weeks or months. Diagnosing the full extent of serious injuries takes time as symptoms develop and doctors run tests. A life-threatening injury may require immediate surgery and hospitalization for stabilization, which is then followed by rehabilitation and ongoing medical care.
The more serious the injury, the longer the treatment and recovery process typically takes. For mild injuries like whiplash or bruises, symptoms usually resolve within a few weeks to a month. However, some injuries like soft tissue damage or post-concussion syndrome can linger for 6 months or more before fully healing.
On average, obtaining medical care for car accident injuries and securing an accurate diagnosis takes around 1 month to 1 year, depending on injury severity.
Gathering Evidence
While the medical recovery process unfolds, the next step is gathering evidence to document how the accident happened and who was at fault. The police report accounts from eyewitnesses, photographs of property damage, video footage, if available, and medical records all help in reconstructing the accident. According to David Munoz, a San Diego car accident attorney and founder of Mission Personal Injury Lawyers, consulting with a legal expert can help identify what evidence will be most helpful for an insurance claim or potential lawsuit. He also states that an experienced car accident lawyer knows what needs to be proven to win compensation under state laws.
The evidence gathering process aims to establish fault and liability, which then determines who will pay for the medical expenses and other damages. Sorting out who was responsible and to what extent takes time. Negotiating with insurance companies is often required to settle injury claims and property damage claims fairly. In 2019, the U.S. Department of Transportation estimated that the annual economic cost of motor vehicle collisions in the United States was $340 billion. A significant portion of this cost relates to property damage, medical expenses, lost wages, and other crash damages that those at fault must cover.
Settling Claims
With legal guidance, victims can submit demand letters to request compensation for all crash losses suffered. But insurers rarely make fair offers right away, choosing to negotiate down settlement amounts first. Going back and forth, presenting evidence, and arguing for a reasonable claim value can take 2 to 6 months from the time the full scope of damages is quantified. In more complex cases where liability is disputed, lawsuits may be filed. The litigation process through trial can easily extend the timeline 1-3 years past the accident date.
While the legal road is long, with patience and dedicated legal counsel, justice is usually achieved for those harmed by negligent drivers.
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