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According to statistics from a California Highway Patrol Statewide Integrated Traffic Records System annual report, there were 197,146 total fatal and injury traffic crashes in California in 2017. Being involved in a car accident can be a difficult and unsettling experience. If you or a family member was hurt in an auto accident caused by someone else's negligence, you can pursue financial compensation by filing personal injury claims against the at-fault party.

At the Winter Law Group, we are committed to offering experienced legal guidance and representation to clients in their car accident claims. As an experienced California personal injury firm, we can evaluate your circumstances and explore your available options to pursue damages. Our team will fight to protect your legal rights and help you seek fair compensation to cover medical expenses, lost income and benefits, or any additional pain and suffering.

Our team at The Winter Law Group proudly represents car accident victims and their families in Fresno, California, and the surrounding areas of Madera, Merced, Madera County, Visalia, Clovis, and Merced County.

California is an “at-fault” state. Under California law, the driver responsible for the traffic collision will hold financial liability for any accident-related injuries, property damage, and other losses suffered by the victims. To pursue compensation, injured victims or their representatives can proceed by:

Filing an injury claim with your own insurance provider
Filing a third-party claim against the insurance company of the at-fault driver
Filing a personal injury lawsuit in civil court

In order to recover damages, the claimant must establish liability by proving the following elements:

The at-fault driver owed you a legal duty of care
The at-fault driver breached that duty of care due to their negligence
The driver's negligence caused your injuries
You suffered actual harm, bodily injuries, or someone lost their life due to the accident

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State laws addressing personal injury claims

Here are some California laws addressing personal injury claims:

Statute of limitations

According to the California Code of Civil Procedure Section 335.1, an injury claim arising from any type of auto accident must be commenced within two years of the date of the accident or injury.

Comparative fault

California uses a "pure comparative negligence" system. Under this system, accident victims can seek compensation from any at-fault party, even if they were mostly or partially responsible for their injuries. The total amount that you may recover, however, will be reduced by your degree of fault.

For instance, if the judge or jury awards a total amount of $50,000 against the responsible party, but found you to be 20% at fault for the car accident, your damages will be reduced by $10,000. You will only receive 80% of the $50,000 ($40,000). Under California's pure comparative negligence rule, you may still recover damages even if you are determined to have been 99% responsible for your injuries.

Filing a wrongful death claim

Wrongful death is a preventable death that was caused by the negligent, careless, or wrongful actions of another party. According to the California Code of Civil Procedure Section 335.1, an action to recover damages for the death of an individual caused by the wrongful act or neglect of someone else shall be commenced within two years of the date of the person's death.

Who can file a wrongful death claim?

Under California Code of Civil Procedure Section 337.60, any of the following parties may be eligible to file a wrongful death lawsuit against the at-fault party:

The deceased person's spouse or domestic partner
The decedent's children
The grandchildren of any deceased child of the decedent

How an experienced attorney can help?

Being in a car accident can be devastating and affect your mental, physical, and financial health. You don't have to face these challenges all by yourself. When you're hurt in a car accident, hiring an experienced personal injury attorney is crucial to protect your rights and help you seek rightful compensation.

At The Winter Law Group, we have the resources and experience to help you hold the responsible parties accountable for your injuries. As your legal counsel, we can review all the details of your situation, conduct an in-depth, private investigation, seek to prove fault, and estimate case value. We will gather the required evidence and take appropriate legal action.

Using our knowledge of the laws addressing liability in personal injury cases, we can guide you through every phase of the legal proceedings. Never put your fate in the hands of insurance providers that won't protect your best interest. Our team can fight diligently on your side to protect your legal rights, look out for your best interests, and help you pursue fair financial compensation for your injuries.