San Diego Car Accident Attorneys
Lawyers Representing Victims of Car Accidents in California
The number of car accidents on California roads is staggering, and often those accidents are caused by driver negligence. If you are injured or a loved one is killed in a car accident because of someone else’s negligence, you are entitled to financial compensation. At Martinez & Schill LLP, our car accident lawyers are extensively experienced in representing victims of car accidents. Our attorneys have previously worked on the insurance defense side, gaining valuable insight into how insurance companies process, settle, and litigate claims. Our personal injury lawyers use experience and knowledge to benefit our clients and secure the greatest possible compensation in every case. Our attorneys provide experienced representation in a wide variety of car accident cases including:
- Hit & Run Accidents
- Fatal Car Accidents
- Highway/Freeway Accidents
- Texting-While-Driving Accidents
- Speeding Accidents
- Rollover Accidents
- Motorcycle Accidents
- Pedestrian Accidents
- Taxicab Accidents
- Motor Vehicle Accidents
- Truck Accidents
What Can A Car Accident Lawyer Do For You?
At Martinez & Schill LLP we believe it is crucial to conduct an prompt and thorough investigation of a car accident to ensure no evidence is lost or destroyed.
We evaluate evidence and consult with qualified experts who can help us to determine answers to important questions such as:
- Who caused the accident?
- Who should be held liable?
- How much can we recover for you?
Our goal is to compile enough evidence, including photographs, police report, witness statements, hospital records, and more, to establish a claim and make the best case possible for our clients to obtain full and fair compensation. We negotiate with insurance companies and use a skilled approach to representing our clients in the courtroom.
We Explore All Legal Options for Recovery After a Crash
As we pursue compensation for our clients, our attorneys evaluate all possible options for recovering including:
The At-Fault Driver’s Liability Insurance Coverage
California law requires drivers to carry liability insurance that pays for bodily injury and property damage they cause others. Thus, our first avenue to pursue recovery on behalf of our injured clients is to determine the other at-fault driver’s insurance coverage and to evaluate whether it will be sufficient to compensate our client for their injuries.
Uninsured Motorist Coverage
Uninsured motorist coverage (UM) covers bodily injury to you, your passengers, and members of your household or others authorized to drive your car if the other driver does not have liability coverage to protect you.
Underinsured Motorist Coverage
If your Underinsured Motorist Coverage protects you above the insurance limits of the at-fault driver, you may be entitled to compensation from your own UIM policy. UIM coverage can pay for bodily injury damages. It covers the difference between your UIM limits and the at-fault driver’s coverage.
Our car accident lawyers can review your insurance policy to determine if other types of coverage are available in your case, including medical payments, collision and comprehensive coverage.
Other Sources of Recovery
In some cases, there may be other sources for recovery such as where a dangerous road condition or a defective auto part caused the accident. In these instances our attorneys will evaluate the liability of those who were not a party to the accident but may have been involved in causing the accident to determine if further recovery can be made for our injured clients.
Car Accidents and Insurance Companies in California
When you have a car accident that is not your fault, the other driver’s insurance company is responsible for compensating you. If the negligent driver was uninsured or underinsured, your own auto insurance provider can also be responsible for your compensation. Typically, insurance companies attempt to reach settlements with accident victims as soon as possible for as little as possible. No matter what the circumstances of your case, it is always important to consult with an experienced attorney to ensure you are being treated fairly.
A rush to settlement is almost always not in the victim’s best interests. We will always be in a better negotiating position if we have the time to investigate an accident and build a compelling case for trial. The more compelling your case, the higher your settlement will ultimately be.
Moreover, injuries caused by an auto accident may not be fully apparent for some time, and those injuries could require lengthy and expensive medical intervention. If you settle before all of your injuries have come to light, you will not be able to seek compensation for those injuries.
How Long After a Car Accident Do I have to File a Lawsuit in California?
Although there are time restrictions which set forth the outer limits for bringing a lawsuit after a car accident, there are no restrictions that state you have to wait a certain amount of time before you begin your claim. You can bring a lawsuit after a car accident as soon as you would like. In fact, there are some advantages for pursuing your claim early, such as witnesses are often easier to locate and witnesses’ memories are often better. As such, it is important to locate a car accident attorney as soon as possible after being injured in a car accident.
Statute of Limitations for an Adult After a Car Accident
Generally speaking, adults who have been injured in a car accident have two years from the date of the accident to bring a lawsuit. If you wait longer than two years after the date of the anniversary of the car accident, you will not be permitted to bring a lawsuit. There are some exceptions to this rule, but they are not often met. Thus, it is imperative that you file your lawsuit no later than two years from the date of the car accident. If you are even a few days late, you may forever lose your right to bring a claim for compensation for your injuries.
Statute of limitations for a Child After a Car Accident
The statute of limitations for a child injured in a car accident is a bit different. The statute of limitations is still two years, but it does not begin to run from the date of the accident. Rather, the statute of limitations begins to run from the 18th birthday of the child. Thus, children injured in a car accident have two years from their 18th birthday to bring a claim for damages after a car accident, or they have until their 20th birthday to file a claim. There are some exceptions to this rule, so if your child has been injured in a car accident, it is important to speak to an experienced lawyer right away.
Why Hire a Car Accident Attorney from Martinez & Schill LLP?
Car accidents can happen to anyone, even the most careful drivers. You may not be able to control other negligent drivers on the road, but you can what happens after a car crash. After an accident, the first step in recovery for personal injuries to contact an experienced car accident attorney who will protect your rights and seek the compensation you deserve.
The attorneys at Martinez & Schill LLP have experience helping car accident victims and their families in San Diego and throughout Southern California. Our clients know they can trust us with their case so that they can focus on getting better. Our lawyers take pride in the professional, personal and friendly service we provide to each client who walks through our door. We work quickly and aggressively to resolve your case, however we always take the time to talk with our clients about their accident and how the injuries they sustained have effected their lives.
If you have been injured or a loved one has died in a car accident, you are entitled to full and fair compensation. Contact us to schedule a free consultation to discuss the circumstances of your case and to learn how we can help you get what you deserve. All of our personal injury cases are handled on a contingency basis, which means you do not pay us until we get you paid.