Bicycle versus car accident
Disputed liability car accident
Disputed liability car accident
Car accident resulting in fractured back
Car Accident Injury Lawyers Assisting Injury Victims
California roads are some of the busiest roads in the country, and motor vehicle accidents occur every day. If you have been injured in a car accident that was caused by someone else’s carelessness or recklessness, you deserve to be compensated for your injury. The San Diego car accident lawyers at Martinez & Schill LLP can help you get the compensation that you need to heal from your injuries and resume your normal life.
Table of Contents
Frequently Asked Questions
Maximum Compensation in Motor Vehicle Collisions
What Can We Do For You?
Exploring All Legal Options After a Crash
Motor Vehicle Collisions and Insurance Companies in California
How Long After a Car Accident Do I Have to File a Lawsuit in California
Statute of Limitations for an Adult After a Car Accident
Statute of Limitations for a Child After a Car Accident
How to Contact Us
What should I do if I am in an accident?
If you are involved in a car accident, it is important that you do not leave the scene, or you could face criminal charges. Call an ambulance if there are injuries and notify the police that an accident has occurred. If your vehicle can be moved, make sure that it is out of the roadway. Do not apologize or admit fault to anyone on the scene.
What should I say to the other driver(s)?
At the scene, it is important to check with everyone involved for possible injuries. Exchange contact and insurance information with the other drivers, but do not apologize or admit liability. Even if you think you are to blame, there may be other circumstances that contributed to the accident.
What should I tell the police?
When filing a police report, either over the phone or to an officer on the scene, it is important for you to be cooperative and tell the truth. Discuss only the facts, however. You may have an opinion about what happened, but now is not the time to talk about it. Do not admit liability or make accusations.
Should I call my insurance company?
Yes. As soon as is reasonable following your accident, contact your auto insurance company to begin the claims process. You will need to provide the basic details about the accident, and failure to do so in a timely manner could jeopardize your case. If your insurance company or that of any other party asks you for a recorded statement, speak to an attorney first. If it is safe to do so, taking photos of the accident scene and damage can help your case. These photos may be forwarded to your auto insurance carrier and your attorney.
How soon should I call a lawyer?
The best advice is to contact a personal injury lawyer soon after the accident, especially if you or a member of your family has been hurt. Acting quickly can help preserve evidence as well as the testimonies of potential witnesses. Your attorney can also guide you through the insurance claims process and assist in getting you the medical attention you may need.
What if the accident was my fault?
You may believe that your actions or negligence caused the accident, but determining liability is best left to the professionals. For example, you may think that the accident happened because you ran a red light, but what if a defective car part prevented the other driver from stopping quickly enough? A car accident can be a complicated matter, so you should avoid making assumptions or statements about liability.
What if the other driver flees the scene?
Any car accident is frightening, but the situation is often worse when one party drives away. Following a hit-and-run accident, a qualified attorney becomes even more valuable. If you can describe the other vehicle or you managed to get a partial license plate number, your attorney can work with authorities to find the other party.
Motor vehicle accidents range from minor fender benders to fatal collisions. If you are seriously injured or a loved one has died, it is important to hire an experienced and capable lawyer to represent you. Serious injuries can result in expensive medical bills and rehabilitation costs. Additionally, you may have temporary or permanent disability impacting your ability to work or earn wages at the same level as you did prior to your accident. For these and other damages, such as pain and suffering, emotional distress, anxiety and depression, you are entitled to compensation.
It is important to understand that insurance companies are not looking out for your best interests when they offer a settlement. Their goal is to pay you as little as possible. Our goal is the opposite. We strive to ensure that you receive maximum compensation for your injuries, and we have the skills to make that happen. Our experienced motor vehicle collision lawyers serve clients in Oceanside, Escondido, Chula Vista and all of San Diego County. We carefully investigate all our cases and are always prepared to take a case to trial if necessary. Our attorneys have negotiated hundreds of settlements at mediation and take pride in aggressively advocating for our client’s rights and interests. We handle all types of motor vehicle accidents, including those involving:
- Boats and personal watercraft
- Commercial vehicles
- Public transportation
- Safety equipment
- School buses
If you or a loved one has been injured in a motor vehicle accident, contact us to schedule a free consultation to discuss your case. One of our attorneys will personally listen to your account of the accident and answer all your questions about the legal process going forward. We fully commit to our clients and each case we accept, and there is no cost to you unless we win your case. We represent clients in San Diego, Riverside and the surrounding areas. If you cannot travel due to your injuries, we will come to you.
Car Accident Lawyers Representing Victims In Escondido, Chula Vista, Oceanside And San Diego County
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 San Diego car accident lawyers are extensively experienced in representing victims of car accidents. They have previously worked on the insurance defense side, gaining valuable insight into how insurance companies process, settle and litigate claims. Our car accident injury lawyers serve Escondido, Chula Vista, Oceanside and San Diego County using the experience and knowledge that they gained while working in defense to benefit our clients and secure the greatest possible compensation in every case.
At Martinez & Schill LLP we believe it is crucial to conduct a prompt and thorough investigation of a car accident to ensure that 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 reports, witness statements, hospital records and more, to establish a claim and make the best case possible for each client to obtain full and fair compensation. We negotiate with insurance companies and use a skilled approach to representing our clients in the courtroom.
As we pursue compensation for our clients, our attorneys evaluate all possible options for recovery, 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 that they cause others. Thus, our first avenue to pursue recovery on behalf of an injured client is to determine the other at-fault driver’s insurance coverage and 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 (UIM) 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 whether 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.
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. Regardless of the circumstances of your case, it is always important to consult with an experienced attorney to ensure that you are being treated fairly.
A rush to settlement is rarely 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 is, 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 your injuries have come to light, you will not be able to seek compensation for those injuries.
Although there are time restrictions that set forth the outer limits for bringing a lawsuit after a car accident, there are no restrictions that state that 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 to pursuing your claim early, such as more easily locating witnesses, whose memories are still fresh. As such, it is important to locate a lawyer as soon as possible after being injured in a car accident.
Generally speaking, adults who have been injured in car accidents 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 rarely 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.
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 car accidents have two years from their 18th birthdays to bring claims for damages after car accidents, or they have until their 20th birthdays to file claims. 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 of drivers. You may not be able to control other negligent drivers on the road, but you can control 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 lawyers at Martinez & Schill LLP have experience helping car accident victims and their families in San Diego and throughout Southern California. Our clients know that they can trust us with their cases so that they can focus on getting better. Our lawyers take pride in the professional, personal and friendly service that we provide to each client who walks through our door. We always take the time to talk with our clients about their accidents and how the injuries they sustained have affected their lives, and we work quickly and aggressively to resolve their cases.
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.