With the statistics of 15,000 car accidents per year in San Diego, most of us will experience a car accident at last once in our lifetime. When it does you need to call a personal injury lawyer who specializes in car accidents immediately. An experienced Poway car accident lawyer will assist you in navigating the confusing claims process and help you to win the compensation you deserve.
In a car accident where the other driver was negligent, you have a case for compensation. You may have medical bills, car repairs, and lost wages from your recovery causing you unnecessary financial stress. As your Poway car accident lawyer, attorney Brad Nakase will factor in every possible impact the accident will have on your life and file for compensation based on those that apply to you. Attorney Brad Nakase has a track record for excellence in motor vehicle accident claims.
How Much Will A San Diego Car Accident Attorney Cost?
It is difficult to say how much it will cost to represent your car accident lawsuit. A lot of the cost will be time related so if the other driver or insurance company decide to settle your case quickly then the cost will be quite reasonable. However all parties are unable to come to an agreeable settlement then the case will have to go to trial, and that is when it can become expensive. In order to prepare for your trial, we will have to do a lot of legwork. We will conduct an independent investigation into the car accident, hire experts to testify on your behalf and review all of the reports from the police, witnesses, and accident victims.
The expenses involved in your lawsuit may include the following:
- Independent medical consultations and expert opinions from specialists
- Obtaining medical records and copies
- Obtaining police reports, depositions, etc
- Miscellaneous admin fess such as court costs, filing fees, photocopies, and postage.
You will often be offered a variety of payment options depending on the final cost of legal representation. However in complex insurance claims, consulting an attorney can mean that you are awarded more compensation than you would have claimed on your own. Experience car accident lawyers such as our team at Nakase Law Firm consider a range of factors when calculating the monetary impact of your injuries. From factors such as therapy costs, loss of wages, ongoing medical fees of issues that may arise in the future, and punitive damages, you may be eligible for more than you realize.
What Payment Options Are Available?
In your initial consultation with a Poway car accident lawyer they will discuss their fees and how they will be paid. Many Poway car accident lawyers work on a contingency basis so the lawyer will handle most of the expenses of your case and when the case comes to a successful conclusion they will be paid a percentage of your settlement. This might not always be the case, so be sure to get the full information from your attorney before employing them.
The two main types of payment a lawyer will offer are contingency fee arrangements, as mentioned above, and conventional fee arrangements such as a flat fee or per hour rate. This doesn’t mean other payment arrangements aren’t possible, you should feel comfortable discussing payment arrangements with your lawyer or shopping around until you find one that suits your needs. Payment arrangements must be discussed during the initial consultation to make sure you are both on the same page.
This is one of the most popular fee arrangements for lawyers, hence the name. Your lawyer will bill you for each hour that they work on a rate agreed upon during your consultation. Alternatively some offers may offer a flat fee per week or month retainer for your case. Any other fees such as court fees or hiring expert testimony will be billed as they arise, the lawyer won’t pay these costs upfront. Generally conventional fees are billed each month and are expected to be paid in full prior to the attorney doing any additional work.
For personal injury lawyers this is the most common payment arrangement. It doesn’t require much upfront payment for the client who is already dealing with a mountain of unexpected costs. Any fees that may arise throughout the course of the case will be paid upfront by the attorney.
Once the case is drawn to a satisfactory conclusion your lawyer will bill a certain percentage of your settlement. This percentage will be negotiated in your initial appointment but is typically between 30 and 40%. There may be different percentages based on if your case goes to trial or not due the extra amount of work your attorney will have to undertake if the case goes to trial.
Most clients prefer a contingency arrangement as it relieves the financial stress of lawyers bills and if you don’t win your case you don’t have to pay anything.
Do I Have a Case?
There are three main factors which will determine if you have a case. First your Poway car accident lawyer will decide if the entitled compensation is enough to make it worth their while. Especially if they are working on a contingency basis a couple of thousand dollars might not be worth their while for a complex claim.
Secondly your lawyer will determine whether the defendant has the resources to pay the claim. If an insurance company is involved there is a good chance the damages will be paid in the end, even if they need to be taken to court to do so. However if the suit is against the driver the lawyer will examine their assets to see if they will be able to pay the damages.
Thirdly and finally, there needs to be enough proof of liability of the other party. If there is insufficient facts and evidence to prove the other party is responsible for the accident and therefore your injuries the lawyer might decide it is too time consuming for the fee they will receive.
When Should I File A Claim After A Car Accident in Poway?
State laws all over America govern how long you have after a car accident to file a claim. This is called a statue of limitations and if you don’t file your claim within the specified window you cannot pursue legal action against the defendant. In California, the statute of limitations is two years, so a claim must be filed within two years of the car accident or you will give up the case entirely. Employing a lawyer will ensure your claim is filed in time and you will collect your damages.
How Much Is The Average Car Accident Settlement?
There is no straight forward answer to this question as there are 15,000 car accidents a year and the circumstances surrounding them are vastly different. A low percentage of these car accidents are considered serious, which means a fatality, or leaving a victim with serious injuries.
If you or a family member suffer severe injuries in a car accident where the other driver is at fault the insurance company of the other driver will in most cases cover the cost of any immediate medical bills. However there are many more factors to be considered in the financial impact of the car accident on your life. Nakase Law Firm can help you determine how much compensation you are eligible. In a consultation they will learn about the life of you and your family as well as any injuries you have suffered and how they will affect you throughout the course of your life.
How Is The Value Of Car Accident Compensation Determined In California?
Again, every case is unique and the state of California treats them as such. While there are a few precedents for your attorney to draw upon if your case goes to court, the negotiation with the insurance company will only look at the facts of your case. In this way two people with the same injuries may be awarded different damages. It is important to have your case reviewed by an attorney who specializes in car accidents to determine the value of your claim.
The four main factors that determine the value of your claim for compensation are insurance policy limits, seriousness and type of injuries sustained, percentage of liability, and medical bills
Insurance Policy Limits
In California all drivers are required to have a minimum amount of car insurance. Drivers can choose to purchase additional coverage to prevent them personally awarding damages in the case of a severe accident however the minimums are:
- -$30,000 per injured person
- $60,000 per accident in the case of claims for injuries
- $25,000 per accident in the case of claims for property damage
The Severity and Type Of Injuries Caused By The Accident
If your injuries leave you permanently or temporarily disabled, you will be entitled to claim lost wages. Your lawyer will calculate the difference between what you would have made if you were working and what you will receive on disability for the number of years until you will retire. Injuries which are considered debilitating are
- -Amputation of limbs
- Nerve damage
- Organ damage
- Facial disfigurement
- Traumatic brain injuries
- Spinal cord injuries
Who is at fault?
California law employs a comparative fault rule which means the claim will be reduced by the percentage of fault determined by a judge or jury.
The insurance company of the driver at fault should cover most of the medical bills arising from your injury. This will include costs like ambulance costs, inpatient hospitalization, tests and treatments, physical therapy, and prescriptive medication among other things. Depending on the cost of your medical bills, the insurance company might try to find a reason not to cover all of your medical bills but speak to your attorney if you think they are unfairly dismissing part or all of your medical costs.
When you need a Poway car accident lawyer.
Often, car accidents that involve serious injuries or injuries that take longer to heal will require the help of an attorney to help you get a desirable outcome.
There are a lot of questions asked after automobile accidents. These questions include; whose fault was it? Who will pay for the damages to the care? Who will cater for the medical bills? How much should you claim for the pain and suffering? Will my insurance company compensate me for the lost wages? Brad Nakase, is a proficient and competent attorney who can provide help in the complex world of insurance claims and settlements.
A significant number of injury attorneys operate on a contingent-fee basis and get paid when your claim is successfully resolved. There is little incentive for you to try handing the claims on your own except when you did not experience any injuries or severely damaged, and the settlement would be small. Therefore, hiring Brad Nakase after getting injured in a car accident will ensure you have a better settlement.
Knowledge of Law and Procedural Rules
Brad Nakase is exceptionally knowledgeable and understands the applicable laws and procedural rules that relate to a car accident lawsuit.
Brad Nakase will counsel you on necessary time constraints, normally referred to as statutes of limitation that may hinder you from filing a lawsuit against the driver. For example, in various states, you have to file your report within two years after the occurrence of the car accident. After this, you are forever prohibited from filing the lawsuit. Brad Nakase will also inform you of the specific exceptions to the statute of limitations, such as those that relate to minors, among others.
Brad Nakase will file the lawsuit for you and knows the best way to alleviate probable defenses that may be mentioned by the other side. Besides, during your case, Brad Nakase will have an essential role in organizing and priming the case for trial. Brad will even go viral in case your case is not settled.
Although a lawsuit may not be necessary, the threat of legal action is strong leverage that facilitates fair settlement negotiations.
Lastly, and most importantly, having an attorney like Brad Nakase, who is proficient and knowledgeable about the law, makes the playing field even. This would be evident when you go up against the experiences and various resources of a major insurance company.
Former Insurance Defense Lawyer
Attorney Brad Nakase is a former insurance defense lawyer representing major insurance companies in high stakes injury cases. A significant amount of work is involved during the negotiating process of an insurance settlement and when trying a personal injury lawsuit process. After being involved in an accident, the process is laborious and would be the last thing you would want to do, even if you are able. Brad Nakase can do all that for you.
For individuals, it might be dealing with an accident claim. Brad Nakase has experience dealing with different kinds of claims with different insurance companies. Nakase is also experienced in collecting required evidence that supports your claim, such as compiling police reports, statements from witnesses, employment and lost wage information, and medical records and bills.
As your car accident lawyer, Brad Nakase will write a settlement demand letter to the insurance companies. He can also file the necessary paperwork to initiate a court case. Brad Nakase can also deal with the defense attorney on your behalf if the settlement of your accident is unsuccessful. Having an expert who is knowledgeable to handle your case will ease the burden on you and are crucial when you are left with severe injury and in the process of recovery.