Filing a car accident lawsuit in Fresno, California, can be a tedious and complex process, especially if you need clarification on the legal steps involved. Nonetheless, with proper representation and sufficient preparation, you can successfully navigate the legal system to seek the compensation you deserve.
Firstly, it is essential to understand the difference between filing an insurance claim and filing a lawsuit and the applicable statute of limitations for each. This guide will provide an overview of the matters you need to be aware of if you want to proceed with a Fresno car accident lawsuit.
If you have been involved in an automobile accident in Fresno, California, you may be wondering about your options for recovering damages for your injuries and property damage. One option is to file a Fresno auto accident claim with the at-fault driver’s insurance company. However, if the damages are significant or the insurance company is unwilling to offer a fair settlement, you may need to hire an experienced lawyer and file a lawsuit to seek financial compensation.
The Difference Between a Fresno Car Accident Lawsuit and a Fresno Auto Accident Claim With an Insurance Company
To determine your case’s best course of action, it is necessary to resolve the difference between making an insurance claim and filing a personal injury lawsuit.
Broadly put, the essential difference between filing a Fresno auto accident claim and filing a Fresno car accident lawsuit is that an insurance claim is handled directly between the insured party and their insurance company. In contrast, a case involves taking legal action against the responsible party in court.
In a nutshell, an insurance claim is a request for compensation. You can make it to your insurance company or the party at fault in the accident. A Fresno auto accident claim is typically a relatively straightforward process.
On the other hand, a car accident lawsuit is a legal action that a victim brings against the party at fault in an accident, typically with the assistance of a personal injury attorney. This route is a more complex process that involves filing a Fresno car accident lawsuit in court and going through the judicial system to seek fair compensation for injuries and damages.
The statute of limitations for filing a Fresno auto accident claim is two years from the date of the accident. For filing a lawsuit, the time limit is generally three years from the date of the accident. Therefore, be aware of this deadline and take the appropriate action before it expires.
Steps To Follow When Filing a Car Accident Lawsuit in Fresno
Here is a step-by-step look at Fresno, California’s personal injury claims and car accident lawsuit process.
Undergo medical care
Before anything else, ensure that you seek the appropriate medical attention for any injuries you may have sustained in an auto accident. Getting a complete evaluation and treatment for your injuries is vital, even if you don’t think your injuries are serious. This will not only help you recuperate from your post-traumatic pain and other hidden injuries but doing so will also provide crucial documentation you can use in your car accident lawsuit in Fresno.
Moreover, if you were injured, you will also need to provide medical records that prove the extent of your injuries and the treatment you received. Proof of hospital bills and related medical costs will also be helpful in establishing how much you can recover from your injury claim.
Next, gather as much evidence as possible to support your claim for damages and personal injury. Accomplish this step as soon as possible after the accident, as evidence is easily lost or damaged and may become difficult to retrieve in some instances.
Gather and preserve evidence
Gathering evidence will help prove the other party’s liability for the accident and the extent of your sustained damages. Some key types of evidence in establishing who the liable parties include are the following:
1. Traffic reports
If called to the scene of the accident, traffic police officers or law enforcement personnel will have to file a comprehensive report that includes details of the accident, such as the location, the time of the incident, the make and model of the vehicles involved, and the weather conditions. The collision reports may also include witness statements and citations issued to the negligent driver.
2. Photos and videos
If you have a smartphone or camera on hand, take photos and videos of the accident scene, paying particular attention to the damage to your car and the other driver’s car and the injuries you sustained from the incident.
3. Witness statements
If there were any witnesses to the accident, get their contact information and ask them if they would be willing to provide a written statement about the facts of the incident.
File an insurance claim
Once you have gathered the necessary evidence, you can file an insurance claim with the at-fault driver’s insurance company. The insurance company will review your claim, including all the supporting evidence, and will typically offer a settlement based on the totality of the damages you incurred.
If you accept the insurance company’s settlement offer, you must sign a release agreeing not to seek further damages from the at-fault driver. However, if the settlement offer is insufficient to cover your damages or the insurance provider denies your claim, you may need to file a lawsuit to seek additional compensation. Remember: the insurance adjuster is not on your side and will always seek the lowest possible financial compensation to give you.
File a complaint
If the at-fault party’s insurance company denies your claim or does not offer a satisfactory settlement, consider filing a car accident lawsuit before the Fresno County Superior Court.
To file a car accident lawsuit in Fresno, California, you must complete and file several legal documents, including a complaint and summons. Your auto accident attorney can assist you with this process and will represent you in court.
Hire Experienced Car Accident Attorneys in Fresno, CA
If you decide to file a Fresno car accident lawsuit, it is strongly recommended that you hire an experienced attorney to represent you. An excellent car accident attorney will help you navigate the legal process, negotiate with the at-fault party’s insurance company for maximum compensation, and represent you in court when necessary.
When hiring Fresno personal injury lawyers, ask about their experience handling similar cases. Additionally, determine their success rate and their usual fee schedule.
You need a reliable ally during this difficult time. For the best legal representation in Fresno, California, look no further than Farahi Law Firm.
Farahi Law Firm is an award-winning legal team comprising the best personal injury lawyers and dedicated motor vehicle accident experts. We have recovered hundreds of millions for victims of accidents. Let us take care of you.
We work on a contingency fee basis — no fees unless we win, and no out-of-pocket expenses.
Call our personal injury law firm today for a free initial consultation.
