Murrieta
Multiple Parties Accident
Attorneys
Murrieta Multiple Parties Accident Lawyer
Our Murrieta multiple parties accident attorneys understand that vehicle accidents can be stressful and chaotic under any circumstance, especially if there are multiple parties involved in the accident. In situations involving multiple parties in a vehicle accident, it can be difficult to determine who is at fault. It is not uncommon for the faulty party to try to put the blame on another party.
Our crash lawyers at Kampf, Schiavone & Associates have been around for over 35 years, and we understand how to navigate through the complexities of vehicle accidents involving multiple parties. Whether it is a car accident or motorcycle accident, our experienced attorneys can help identify who the faulty party is and help those who sustained injuries seek the compensation they deserve.
What to Expect From Your Attorney
It is important to hire the right attorney in the event of a multi-party auto accident. The attorney will help investigate the details of the claim and help determine who the responsible parties are. The attorney also helps to negotiate with the defendant and the insurance companies involved. Defendants will typically attempt to avoid or disprove their liability. It requires an experienced attorney to ensure that the accident victims receive the fair compensation they deserve.
An accident attorney can also identify and interview witnesses, gather photos and necessary evidence, and handle all necessary paperwork to piece together a strong case for the client. After this due diligence process, the attorney should have a fair understanding of the case and the potential compensation one could receive from the accident.
Insurance Complexities
Working with insurance companies in the aftermath of a multi-party personal injury case can feel overwhelming. Different parties can have different insurance carriers, leading to multiple claims and multiple negotiations. Depending on the parties’ insurance company and insurance coverage, multi-party accidents can range from fairly straightforward to extremely complex.
Adding more complexity to the mix is the level of coverage that each party has. California state law requires all drivers to have a minimum of $15,000 in personal injury insurance, $30,000 for injury to more than one person, and $5,000 for property, which can be done through private insurance companies or drivers can obtain a certificate of self-insurance from the Department of Motor Vehicles.
Of course, there is always the possibility of one party not having proper insurance coverage, which is illegal in the state of California. In these cases, the injured party would seek compensation from the guilty party’s assets. Ideally, the uninsured party would have sufficient assets to cover the compensation. When the uninsured party does not have sufficient assets to pay out compensation, other avenues may have to be explored.
Joint and Several Liability
Joint and several liability is a legal principle that ascertains that each individual defendant can be held liable for the entire accident in a personal injury case. The Cornell Legal Information Institute outlines how the joint and several liability principles can come into the fold during cases with multiple defendants. The principle identifies that each defendant party can be independently liable for the full extent of injuries resulting from the accident.
In the state of California, the joint and several liability principle only applies to economic damages. Economic damages include property damage, lost wages, or medical bills. The joint and several liability principle does not apply to non-economic damages such as pain and suffering.
Defendants typically are not joint and severally liable for pain and suffering damages. California is a comparative negligence state. This means that each party in an accident is held liable for their portion of non-economic damages.
For example, suppose you were involved in a multi-party car accident in the state of California, and a claim was filed. During the investigation process, it is found that Driver A is responsible for 45% of the damage, and Driver B is responsible for 55% of the damage.
Under comparative negligence, driver A would be liable for 45% of your pain and suffering damages, and Driver B would be liable for 55% of your pain and suffering damages. Driver A and Driver B could both be liable for 100% of your property damage, lost wages, and/or medical bills.
How Is Fault Determined?
In cases involving multiple parties in Murrieta, California, the circumstances and exact details of the case must be examined. The attorney will gather and review witness testimonies, accident reports, police reports, and anything else relevant to the accident. Depending on all available evidence gathered, the attorney can appropriately build a case against the party they deem to be at fault.
With multiple parties involved, it is typical for each party to have their own detailed version of how the accident occurred. In a serious accident, emotions can be high, and it can be difficult for all parties to remain subjective. It is not common for individuals to immediately admit fault in any accident. Instead, individuals often try to shift blame to other parties involved. As mentioned earlier, the addition of multiple insurance companies adds to the complexity of determining who the faulty party is.
It is of vital importance that if you were involved in a car accident, you document everything you remember. The police will most likely write down your statement, but it is also important for you to write down and document everything that you can. It can be hard to remember events and how they happened, especially from an automobile accident where emotions run high. This can help the attorney build a strong and favorable case for you.
How Much Do Accident Attorneys Charge in California?
Depending on the different circumstances and complexities of the case, accident attorneys in California will typically take a percentage of the settlement amount. This percentage is known as a contingency fee, and it can range anywhere from 25-40% of the total settlement awarded. The attorney and the client will typically agree on the contingency fee before the attorney takes on the case.
The agreement should always be in writing and should outline all costs and expenses that the client may be responsible for paying. Other factors that can influence the percentage of the contingency fee include the attorney’s experience and the amount of time and work the case could require.
What Is The Statute of Limitations on a Car Accident Claim in California?
The California statute of limitations for car accidents is two years from the date of the accident for injuries and three years from the date of the accident for property damages. If you were involved in a car accident and you want to seek compensation for injuries incurred, you have two years from the date of the accident to file a claim. If you were involved in a car accident and you want to seek compensation for property damages incurred, you have three years from the date of the accident to file a claim.
It is important to note if there were fatalities that resulted from the accident, then the statute of limitations doesn’t start until the date of death. The date of death may not always be the same as the date of the car accident.
Can I Hire Two Different Accident Attorneys in California?
Yes, one can hire multiple accident attorneys for any given case. You can be represented by two different accident attorneys if you feel that it is in your interest. In this situation, it is important to consult all attorneys involved, and it is important for the attorneys to ensure that they are working together in the best interest of the client.
Technically, there is no limit to the amount of representation that one can get for a case. It is common for attorneys to share their experiences and work together to build a strong case for the client. However, bear in mind that one would be paying fees to all firms involved, and those fees can add up.
What Is The Statute of Limitations on a Car Accident Claim in California?
Managing a claim that involves multiple parties is much easier with qualified legal representation and guidance. During a period of grief, it is rarely easy to investigate the accident or incident, in addition to juggling legal deadlines, filing requirements, and building an effective claim. Working with experienced attorneys can ease a lot of the burden.
At Kampf, Schiavone & Associates, we understand how hard this situation can be for you and your family. We want to give you the compassionate and sensitive legal care you need while working diligently to hold the faulty parties accountable for their negligent and reckless actions. Our attorneys fight for the compensation you deserve, whether it is to cover lost income, loss of consortium, loss of companionship, or medical costs.
Do not feel the need to get other parties involved to appropriately cooperate. Let our attorneys take that work and stress out of your hands. We have represented families in nearby communities in personal injury and car accident claims for many years and know how to effectively investigate these claims while supporting recovering families. Contact us today for a consultation.