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Rear-Ended in Fresno: What Do I Do?

This legal question related to Automobile accident attorneys in FresnoCalifornia has been answered.

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Location: Fresno  |  Law type: Automobile accident attorneys
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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...

A close-up, vibrant and positive image reflecting the theme of insurance and legal advice in an accident scenario. The image should depict a professional setting, perhaps a comforting and reassuring environment of a legal or insurance office. There should be elements symbolizing protection and support, like a shield or a safety net, incorporated subtly in the decor, emphasizing the theme of security and assistance in legal matters. The colors should be realistic yet leaning towards a warm and inviting palet Is it normal for insurance to deny coverage for a hit-and-run in Atlanta?
1 year 2 months ago, Automobile accident attorneys, Atlanta

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

Suggested Solutions

  1. Medical Documentation: Ensure all your medical appointments, treatments, and prescriptions are well documented. This will be critical for any claim or lawsuit.

  2. 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.

  3. 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

  • Did the person who hit you admit fault at the scene?

    This can be vital in establishing liability.

  • Have you spoken to your insurance company yet?

    They'll need to be informed to start the claims process.

  • 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 year 4 months 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.
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Seeking the counsel of a personal injury attorney is paramount after vehicular accidents resulting in substantial injuries or necessitating long-term medical care. Engaging an adept attorney amplifies your likelihood of securing rightful compensation. Retaining a personal injury attorney immediately post-accident ensures you have an expert advocating for you - someone well-versed in the nuanced legal landscape and critical procedural rules that could profoundly influence your claim.

A lawyer's proficiency in this domain can often be gauged by their litigation success rate, meticulous pre-trial preparation, and adept negotiation prowess with opposing parties. While certain car accident scenarios may entail complexities around insurance coverage limits, seasoned attorneys might use the potential of litigation as leverage. Yet, more often than not, a skilled attorney can broker a settlement without resorting to court. Why engage a car accident attorney? Overlooking this crucial step could culminate in significant financial setbacks, particularly if either party involved in the accident lacks adequate insurance coverage, resulting in the insurance company disputing or denying the claim.

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