San Diego Car Accident Lawyer

Car Accident Lawyer in San Diego

With heavy tourism and an increasing population of over 39 million, California is known for its freeways and serious car accidents. Whether traveling to work or going home from a night out with friends, there is always a risk of encountering negligence. Distracted driving, intoxication, and speeding are a few among the many ways another driver’s careless behavior can inflict life-threatening harm. If you suffer injuries in an accident involving a negligent driver, your only recourse is the right to pursue legal action and recover monetary compensation for your harm and losses.

To recover the most out of your car accident claim, you need a highly knowledgeable and aggressive legal team devoted to providing the best possible legal outcome for your claim. With over 20 years of experience, Jassim Law has a proven track record of success for clients. You need a responsive and experienced personal injury attorney who knows exactly what you need and will advocate for your interests in every legal setting. You may need assistance in getting quality medical care, and access to treatment. Don’t wait to fight for the monetary compensation you deserve. Contact our San Diego car accident lawyers today to start your auto accident claim process.

Schedule Your Free Case Review With Our San Diego Car Accident Lawyers

With over 20 years of experience representing clients across California, Attorney Jassim understands and empathizes with anyone suffering from someone else’s negligence. Our devotion to our clients, and decisive and prompt action allows those injured in severe car accidents the greatest chance at recovery and compensation.

When you partner with Jassim Law, you receive award-winning representation for your claim. Schedule a free consultation by completing our contact form or calling 858-524-6140 today

When Should I Talk to an Attorney About My Car Crash?

The moments following a car crash in San Diego, California, can be highly stressful for victims as they try to understand what their next steps should be. While your initial first steps should always include seeking emergency medical care and contacting emergency services, it is also important to seek the help of a legal professional as soon as you or a loved one is able.

While you are occupied with getting care for your injuries, the insurance companies and their lawyers are unfortunately not concerned about you, they are concerned with how to protect themselves from liability/fault, minimizing your damages, and paying as little as possible for your civil damages compensation claim.

You should contact an attorney as soon as possible after a car crash. This is because the personal injury claims process can be lengthy, and the longer you wait, the more complex it may become. 

Another reason it is important to contact one of our San Diego car accident lawyers as soon as possible after a car crash is to ensure you file your claim within California’s statute of limitations for personal injury cases. The statute of limitations is a legal term used to describe the length of time allotted to accident victims to take legal action and file a personal injury claim. In California, the statute of limitations for negligence such as car accidents is two years from the date the accident occurred. While two years may seem like an extensive period of time to file your personal injury claim, there are many steps to the legal process that can take time. For that reason, it is best that you contact a San Diego car accident lawyer as soon as possible after your crash to ensure you are able to pursue the justice you are owed. 

The statute of limitations to bring a claim against a government entity is much shorter, usually 6 months. For example, if you trip on an uneven broken sidewalk, or rear-ended by a police officer (it happens!) or a tree branch falls on you, you have 6 months to file a claim! Equally important is to preserve key evidence that the government entity will work swiftly to cover up.

When you contact our law firm, we will ensure you are able to pursue a strong personal injury claim by providing the following benefits throughout the process:

• Filing a lawsuit to obtain evidence that isn’t otherwise available
• Investigating every detail of your case immediately
• Collecting and preserving vital evidence and witness statements
• Hiring the necessary experts for your case
• Analyzing the accuracy of the accident report
• Interviewing critical eyewitnesses
• Obtaining 911 audio, dispatch, and video records
• Visiting the scene to reconstruct how the accident occurred
• Securing evidence, surveillance videos, photos, and witness statements
• Ensuring you receive the best medical care, regardless of your insurance coverage
• Filing all paperwork correctly and on time
• Advocating for your rights and interests in and out of court
• Supporting you through every step of California’s claims process
• Helping you get your vehicle repaired or replaced quickly
• Determining if the negligent party was on the job during the accident
• Identifying any additional parties or entities at fault
• Answering your legal questions
• Keeping you updated on your case status
• Negotiating with all parties on your behalf
• Retaining top accident reconstruction and other experts

If you are ready to begin the process of filing your car accident claim, contact our San Diego personal injury law firm as soon as possible. Our team of trusted car accident lawyers will help you pursue the justice and fair compensation you are owed for the losses you have suffered.

Types of Compensation You May Recover After a Serious San Diego Car Accident

The severity of your injuries, property damage, and financial losses depends on various factors within the collision. From emergency medical transportation to future treatment costs, you may recover the damages that result from the negligent driver’s careless actions. Some examples of damages you may receive monetary compensation for include:

• Non-Economic harms (Pain and suffering)
  • Loss of enjoyment of life
  • Physical Impairment
  • Mental suffering
  • Pain
  • Anxiety/Grief
  • Inconvenience
• Property damage
• Medical expenses (past and for the future)
• Physical therapy and rehabilitation expenses
• Cost of prescription medication
• Lost wages or income (past and for the future)
• Loss of companionship
• Damages for the injury to a spouse or registered domestic partner (Loss of Consortium)
• Wrongful death damages
• Punitive damages

California law gives car accident victims two years from the date of the collision to file a claim. While it is always best to retain an attorney as soon as possible for many reasons, even if you have not yet done so, you typically have up to 2 years to file suit. Often injured people believe and hope they will get better soon after a crash, but find that they do not improve completely, or their injury is worse than they initially thought.

Frequently victims of injury do not have adequate access to timely medical care, so they are unable to obtain reliable medical diagnoses and simply find it easier to “live with the pain.” You do not have to suffer alone, a qualified legal team will assist you in obtaining medical care no matter what type of health insurance you do or do NOT have.

All types of people are unfortunately injured in collisions and accidents every day, your right and access to recovery is not and should NOT be restricted when you’ve been injured through no fault of your own.

Is It Worth Getting an Attorney for a Car Accident?

Retaining an attorney for a car accident can significantly impact the outcome of your claim. One of the main benefits is maximizing your compensation. Attorneys understand the full value of your claim, including current and future medical expenses, lost wages, and non-economic damages like pain and suffering. They ensure you do not settle for less than what you deserve.

Navigating the legal process can be complex, especially when dealing with insurance companies that often aim to minimize payouts. An experienced attorney can handle all communications, negotiations, and paperwork, relieving you of the stress and ensuring your case is presented strongly. Furthermore, attorneys can gather and present evidence more effectively, proving liability and the extent of your injuries.

In addition, attorneys can deal with insurance companies on your behalf. Insurers may employ various tactics to reduce or deny your claim, but a skilled lawyer knows how to counter these strategies and advocate for your best interests. Overall, having an attorney on your side increases your chances of a favorable outcome and allows you to focus on your recovery.

Don’t Settle with the Insurance Company Too Early

Accepting an early settlement offer from an insurance company can be tempting, especially if you are facing mounting medical bills and lost income. However, settling too soon can be a mistake. Early offers often do not reflect the full extent of your injuries and future medical needs. It is crucial to understand the long-term impact of your injuries before agreeing to a settlement.

By settling early, you may waive your right to pursue additional compensation if your condition worsens or if you incur unexpected expenses. Consulting with an attorney before accepting any offer ensures you are fully informed of your rights and the true value of your claim. Your attorney can negotiate on your behalf, aiming to secure a settlement that adequately covers all your damages.

Fight for the Compensation You Deserve

Pursuing fair compensation is vital to cover all your damages, including long-term medical costs and non-economic damages like pain and suffering. Insurance companies often try to minimize payouts, but with a dedicated attorney, you can fight for the full amount you deserve.

Fair compensation includes not only immediate expenses like medical bills and property damage but also long-term costs such as ongoing medical treatment, rehabilitation, and lost earning potential. Non-economic damages, such as emotional distress, loss of enjoyment of life, and pain and suffering, also need to be factored into your claim.

An attorney ensures all aspects of your damages are accounted for and you are not pressured into accepting a low settlement. They can provide a thorough assessment of your claim’s worth and advocate for maximum compensation, allowing you to focus on your recovery.

Economic Damages / Special Damages

Economic damages, also known as special damages, are quantifiable monetary losses resulting from an auto accident. These include:

• Medical Expenses: Costs for emergency room visits, hospital stays, surgeries, medications, and future medical treatments.
• Lost Wages: Income lost due to the inability to work during recovery.
• Property Damage: Repair or replacement costs for your vehicle and other personal property.
• Rehabilitation Costs: Expenses for physical therapy and other rehabilitation services needed for recovery.

Non-Economic Damages / General Damages

Non-economic damages, also known as general damages, are intangible losses that do not have a specific monetary value. These include:

• Pain and Suffering: Physical pain and emotional distress caused by the accident and injuries.
• Emotional Distress: Anxiety, depression, and other emotional impacts resulting from the accident.
• Loss of Enjoyment of Life: Reduced ability to enjoy day-to-day activities and hobbies.
• Loss of Consortium: Impact on the victim’s relationship with their spouse or family due to the injuries.

Punitive Damages

Punitive damages are awarded in cases where the defendant’s behavior was especially egregious or reckless. These damages are intended to punish the wrongdoer and deter similar conduct in the future. Punitive damages are not awarded in every case but may be pursued if the at-fault party’s actions were particularly harmful or malicious.

Steps To Take After a Car Accident 

Coping with the aftermath of an accident can be confusing and overwhelming, and it can be hard to know what steps to take next and how best to recover damages. Knowing what steps are essential after an accident to ensure safety and maximize claim value. Be sure to follow these steps to protect yourself better:

Stay at the Scene and Move to Safety

In California, it is illegal to flee an accident scene without exchanging information or providing assistance. If it is safe, move your vehicle off the road if necessary and wait for emergency services in a safe location.

Seek Medical Attention Immediately

Contact 911 right away and visit a physician as soon as possible after an accident. Even minor injuries can worsen over time without treatment, and serious injuries such as internal bleeding and traumatic brain injuries may not be visible at first glance — therefore, document all symptoms and injuries; otherwise, an insurance company could claim you haven’t been hurt at all.

Some people are reluctant to take an ambulance, go to the Emergency Department, or seek medical care due to the high and rising costs of medical care. We assist you with seeking and obtaining the best possible medical care and arranging for the cost of care as part of your civil damages recovery. 

Call the Police

When someone is hurt or killed in an automobile accident, it is legally required to call the police and file a report. A police report documents and identifies the parties, witnesses, a general description of what happened, injuries sustained and vehicle damage and is evidence in your claim for car accident compensation.

Photograph the Accident Scene

If you are able, take photos of your vehicle, the other driver’s vehicle, the accident site, and any visible wounds. These images may be necessary to establish negligence and quantify your losses. They could also be used as evidence in any future court proceedings.

Collect Contact Information

Before leaving the accident scene, gather the contact details of witnesses and the other driver. Be sure to also gather their insurance and driver’s license numbers. Try to take pictures of both license plates and cards, as this will allow you to provide evidence if necessary or the other party refuses.

Reach Out to a Car Accident Attorney

Do not give any recorded statements to your insurance company. These statements are often used against you to mischaracterize what happened, and your injuries. They are typically not required. Immediately hire a California car crash attorney who can contact the insurance companies on your behalf. Insurance companies do not require you to submit a recorded declaration, so we strongly suggest against making one. Statements recorded under duress often don’t help your case and may be misused against you at a time when you’re most vulnerable.

Insurance companies often offer victims low settlement offers or request they sign a waiver before hiring an attorney. They do this to preserve their financial stability by undervaluing injuries sustained by victims while protecting themselves financially from claims made against them. No settlement should be signed until you have consulted an experienced car accident attorney. Many times, they can help you recover more money!

How Is Liability Established After a Car Accident in San Diego, California?

To pursue monetary compensation for damages you incur, including medical bills and lost income, you must determine who caused your accident and how they are legally at fault. Every driver on the road has a duty to follow the rules of the road to prevent auto accidents. There are many ways a driver’s negligence may cause severe, fatal injuries, including:

• Fatigue
• Distracted driving
• Speeding
• Running a stop sign
• Running a traffic light
• Drugs and alcohol
• Hazardous weather conditions

In San Diego, the person who causes an accident must pay for the victim’s accident-related losses. Known as an “at-fault state,” California law holds the negligent party accountable for their careless actions, and while legal action is pursued against the negligent driver, it is their insurance company who must pay for your damages and losses. When we pursue a legal action, it is almost always against the negligent driver’s insurance policy. If the damages justify it, and the at fault party has assets to pursue, we may also pursue the negligent parties’ assets in rare cases.

While the compensation is handled through the negligent party’s insurance company in most cases, some drivers may not have enough insurance to cover the full compensation the victim deserves. In that case, we may also pursue an Uninsured/Underinsured (UIM) action against YOUR own insurance company. If you purchased and paid for UIM coverage, your own insurance must pay for damages exceeding the negligent party’s coverage.

Some people are reluctant to pursue a claim against their own insurance, but the fact is you pay for this coverage just in case you are injured by someone without enough insurance. This is coverage that YOU have already paid for, and if the damages warrant it, you are covered by UIM. Always purchase as much UIM coverage as you can reasonably afford.

As you are likely aware, car accident claims allow victims to hold the person responsible for the damages they inflict. To recover your compensation, you will need to prove that their negligence caused the accident and your injuries. Below are a few examples of evidence you and your legal team can use to demonstrate the driver’s careless behavior:

• Police reports
• Medical documentation
• Photographic evidence
• Video footage
• Witness statements/testimony
• Expert testimony
• Cell phone records
• Dashcam and surveillance camera footage
• Vehicle Event Data Recorder (“black box”) data

Collecting evidence without an experienced San Diego car accident lawyer may be challenging when you are recovering from severe injuries and are unfamiliar with the process. With the help of professional legal representation, you won’t have to fret about gathering evidence. Your only job is to do your best to recover, while your legal team and your San Diego car accident lawyer act promptly on your behalf to communicate with your medical team, advocate for you against insurance companies, and obtain critical witness information.

What Makes a Credible Car Accident Witness?

Right after your accident, if your condition allows, you’ll want to gather as much evidence as possible. A highly influential piece of evidence is a witness testimonial or statement. Having an independent person’s account of the accident from an objective point of view can confirm and establish the other party’s negligence.

One of the first things our office does is to identify witnesses through police reports and obtain 911 audio and dispatch records. You cannot obtain 911 audio and dispatch records without a auto accident attorney in San Diego that can subpoena this information.

On numerous occasions, our office has identified additional witnesses that were NOT identified in traffic collision reports by subpoenaing 911, police, and dispatch records.

California Accident Laws

California has specific laws that affect car accident claims, including:

• Comparative Fault: Allows partial recovery of damages even if you are partially at fault.
• Statute of Limitations: Two years to file a personal injury claim and three years for property damage.
• At-Fault State: The at-fault driver’s insurance pays for damages.

Is California a No-Fault Insurance State?

California is not a no-fault insurance state. It follows an at-fault system, meaning the at-fault driver’s insurance is responsible for covering the damages.

Uninsured Motorists in California

Uninsured motorists are common in California, making UIM coverage important. UIM coverage helps protect you if you are involved in an accident with an uninsured or underinsured driver.

Frequently Asked Questions

What Should I Do if the Insurance Company Calls Me?

If the insurance company calls you, it’s essential to be cautious. Do not provide detailed statements or admit fault. Instead, inform them that you are in the process of seeking legal counsel and will have your attorney handle further communications.

What if the Other Driver is Uninsured?

If the at-fault driver is uninsured, you can pursue compensation through your uninsured/underinsured motorist (UIM) coverage if you have it. An attorney can help you navigate this process and explore other potential sources of compensation.

How Do I Find Out the Value of My Claim?

The value of your claim depends on several factors, including the severity of your injuries, medical expenses, lost wages, and the impact on your quality of life. An attorney can provide a detailed assessment of your claim’s worth based on these factors.

How Long Must I File a Car Accident Claim in San Diego?

In California, the statute of limitations for filing a car accident claim is two years from the date of the accident. It’s crucial to act within this timeframe to preserve your right to seek compensation.

Can I Still Recover Compensation if I Share Fault for the Accident?

California follows a comparative fault system, allowing you to recover compensation even if you are partially at fault. However, your compensation will be reduced by your percentage of fault. An attorney can help ensure that fault is accurately determined.

How a Car Accident Attorney Can Help After an Accident in San Diego, CA?

An experienced car accident attorney can assist you by gathering evidence, negotiating with insurance companies, and representing you in court if necessary. They ensure all aspects of your claim are thoroughly addressed, maximizing your chances of a favorable outcome.

Why Should I Hire a San Diego Car Accident Lawyer?

Retaining a local lawyer with experience in San Diego car accident cases provides several advantages. They are familiar with local laws, courts, and insurance practices, which can be beneficial in navigating your claim. A San Diego car accident lawyer can also provide personalized attention and support throughout the process.

How Much Will it Cost to Hire a Car Accident Attorney?

Most car accident attorneys work on a contingency fee basis, meaning they only get paid if you win your case. The fee is typically a percentage of your settlement or award, making legal representation accessible without upfront costs.

What’s My San Diego Car Accident Case Worth?

The value of your car accident case depends on the extent of your injuries, medical expenses, lost wages, and non-economic damages like pain and suffering. An attorney can help estimate potential compensation by evaluating these factors and presenting a strong case.

How Long Do I Have to File a Car Accident Case in San Diego? (California Statute of Limitations)

California law gives you two years from the date of the accident to file a car accident lawsuit. Acting promptly is essential to ensure you do not miss this deadline and lose your right to compensation.

Can I Get Money If I Was Partly At Fault For My Car Accident?

Under California’s comparative negligence law, you can still recover compensation if you are partially at fault. Your compensation will be reduced by your percentage of fault. An attorney can help ensure fault is accurately assessed and you receive fair compensation.

Will My Car Accident Case Go to Trial?

Most car accident cases are settled out of court. However, if a fair settlement cannot be reached, your case may go to trial. An attorney will prepare your case for trial and represent you in court to seek the best possible outcome.

What Should I Do After a Car Crash?

After a car crash, take the following steps to protect your rights and health:

1. Ensure Safety: Move to a safe location if possible.
2. Call 911: Report the accident and seek medical attention.
3. Exchange Information: Obtain contact and insurance details from other parties involved.
4. Document the Scene: Take photos and gather evidence.
5. Seek Medical Attention: Get a thorough medical examination.
6. Notify Your Insurance: Report the accident to your insurance company.
7. Consult an Attorney: Seek legal advice to protect your rights.

What Causes Most Car Wrecks in San Diego?

Common causes of car accidents in San Diego include:

• Distracted driving
• Speeding
• Driving under the influence
• Hazardous weather conditions
• Running red lights and stop signs
• Reckless driving
• Fatigued driving
• Poor road conditions
• Defective vehicle components
• Inexperienced drivers

What Compensation Is Available If I’m Hurt in a Car Accident?

If you are hurt in a car accident, you may be entitled to compensation for:

• Medical expenses
• Lost wages
• Property damage
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium
• Punitive damages (in certain cases)

Who Could Be Liable For My Car Accident Injuries?

Potentially liable parties in a car accident include:

• Other drivers
• Employers (if the driver was on duty)
• Vehicle manufacturers (if a defect caused the accident)
• Government entities (if poor road conditions contributed to the accident)

How Common are Auto Accidents in San Diego?

Auto accidents are relatively common in San Diego, with thousands occurring each year. High traffic volume, distracted driving, and other factors contribute to the frequency of accidents.

What Are the Most Dangerous Roads and Intersections in San Diego?

Some of the most dangerous roads and intersections in San Diego include:

• Interstate 5 and Interstate 8 interchange
• State Route 94 and Interstate 805 interchange
• El Cajon Boulevard and 35th Street
• Mira Mesa Boulevard and Black Mountain Road