I've been rear-ended in Fresno and think I might have whiplash. How do I start my claim?
Last Thursday, I was waiting at a traffic light on Blackstone Ave in Fresno, when a truck hit my car from behind. The impact was pretty hard, and although I felt fine right after the accident, a day later I started experiencing severe neck pain and headaches. My doctor thinks it's whiplash. I've never been in an accident like this before, so I'm not sure how to go about filing a claim. Also, I'm worried about the costs; I've heard hiring a lawyer can be expensive. What type of lawyer should I look for? How do I know they're reputable and not overcharging me? And what evidence should I be gathering right now?
Commonly posted questions...
Legal Solution
The response provided below is specific to Automobile accident attorneys in the jurisdiction of Fresno. If the response is inadequate, please submit a detailed inquiry.
Analysis of Your Situation
Being rear-ended, especially when stationary, can indeed cause injuries like whiplash. It's important to address both your health and the legal aspects promptly. Given that your accident occurred in Fresno, California, you'll be operating under the state's personal injury laws. The fact that you are experiencing symptoms a day after the accident is not unusual and can be documented to support your claim.
Relevant Laws and Sources
- California Vehicle Code §20003 - Duty upon injury or death.
- California Civil Code §3333 - Compensation for harm caused.
- State of California's official website
Suggested Solutions
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Medical Documentation: Ensure all your medical appointments, treatments, and prescriptions are well documented. This will be critical for any claim or lawsuit.
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Evidence Collection: Take pictures of the damage to your car, the location of the accident, and any visible injuries. Also, obtain a copy of the police report.
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Hiring an Attorney: It's crucial to consult with personal injury lawyers specializing in auto accident claims. They can guide you on the best steps to take and help you compare lawyers in your area.
Estimated Costs for Legal Assistance in Fresno
| Service | Price ($) |
|---|---|
| Consultation | 50 - 150 |
| Gathering evidence & consultation | 500 - 1,200 |
| Representation (If case goes to court) | 5,000 - 15,000 |
Note: Prices can vary based on the complexity of your case and the lawyer's experience. Some lawyers might offer contingency-based fees for personal injury cases, meaning you only pay if you win.
Further Information Needed
Before offering a more detailed course of action, I'd appreciate some more details. Did you take photos at the scene? Were there any witnesses?
Always remember, every legal case is unique. It's essential to get personalized advice for your situation.
Questions for You
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Did the person who hit you admit fault at the scene?
This can be vital in establishing liability.
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Have you spoken to your insurance company yet?
They'll need to be informed to start the claims process.
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Did any security cameras capture the accident?
Such footage can be instrumental in personal injury claims.
Q1: What is whiplash and how is it caused?
Whiplash is a neck injury due to forceful, rapid back-and-forth movement of the neck, like the cracking of a whip. It often occurs during rear-end auto accidents but can result from sports accidents, physical abuse, or other types of traumas.
Q2: How long do I have to file a claim in California after an accident?
In California, the statute of limitations for personal injury cases gives an injured person two years from the date of the injury to go to court and file a lawsuit against those responsible.
Q3: Can I file a claim if I'm partially at fault?
California follows a "pure comparative negligence" system. This means you can recover damages even if you're partly to blame, but your compensation would be reduced by your percentage of fault.
Q4: What should I avoid doing after an accident?
Avoid admitting fault, signing any document without legal advice, or settling quickly with an insurance company without consulting with an attorney first.
Q5: Do I always need a lawyer after an accident?
While not always required, having a lawyer ensures your rights are protected, especially if injuries are involved. They can also help maximize any potential compensation.
Disclaimer
This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.Written, answered, changed
Legal question "Rear-Ended in Fresno: What Do I Do?" has been changed 1 week ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Fresno & area of law: Automobile accident attorneys.When should you seek a personal injury lawyer? Car accident attorney will be needed in the event of traffic accidents that lead to serious injuries or long-term medical treatment of those involved. Choosing an experienced attorney will help increase the chances that you get the compensation that you deserve. By hiring a personal injury lawyer to represent you immediately after a car accident, you will have a professional working for you – one who is very knowledgeable about the specific field of law and procedural rules that may significantly affect your case.
An indicator of the skills of a particular injury lawyer is the fact how many lawsuits he/she has won as well as careful pre-court preparation and possibly also the process of negotiation with the counterparty. In the case of car accidents where there are problems related to limits for car insurance, lawyers may threaten to file a suit. However, in most cases, an out-of-court settlement can be reached between the parties. Why should you hire a car accident attorney? Underestimating such a decision may result in considerable financial loss, especially in the event that you or the other party (the participant of the accident) have inadequate insurance coverage and the insurance company thus does not pay the claim.
