San Diego Car Accident Lawyer

Brad Nakase, Attorney

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San Diego Car Accident Lawyer

Getting the money you deserve after you’re injured in a car accident is an important part of your recovery. In nearly all car accidents, the insurance companies have their own defense lawyers that will fight hard to prevent you from getting the maximum dollar.  Let a former insurance defense lawyer, Brad Nakase, be your San Diego car crash lawyer.

San Diego is a beautiful place to live or visit. A city with sunshine and clean air the entire nation envy. Of course, we San Diego pay sunshine tax to live here, including local communities such as North Park, Ocean Beach, and Pacific Beach.

According to the California Department of Motor Vehicles (“DMV“), as of January 1, 2019, there were over 27 million licensed drivers in the state; the number included 824,768 teen drivers (16-19 year-olds). For the same time period the DMV reports that there were 36,707,821 registered vehicles in California. With numbers like these, it’s not difficult to imagine that the likelihood of becoming involved in a car accident is substantial if you are on the road frequently. While some car accidents result in property damage only, far too many autos collision result in serious injuries or death.

The DMV Collision Digest reveals that two of the primary causes of car accidents that result in injury or death involve drunk driving and speeding. In 2015, of the 3,427 total victims killed, 705 were as the result of drunk driving, and 904 involved alcohol where the driver had been drinking. Also, in 2015 of the 251,000 victims injured, 193,284 were vehicle occupants, and drunk-driving was the cause of the collision that resulted in 18,861of those injures. Further, an additional 24,770 of those victims were injured in a car accident that involved alcohol, where the driver had been drinking. For the same period, NHTSA reported that of the total 3,160 fatal collisions, 471 were caused by excessive speed.

If you were injured in a car accident in San Diego, attorney Brad Nakase can help with your personal injury claim. He will protect your rights and get you needed medical care while pursuing the maximum money compensation from the responsible parties and their insurance company.

After a Car Crash in San Diego

You may have suffered a range of injuries from the car accident including, among other injuries, neck injuries-whiplash, back injuries, broken or fractured bones, soft tissue damage, cuts, lacerations, muscle damage, nerve damage, and severe internal injuries, all requiring expert medical care. In San Diego, car crash victims are often ambulated to the UCSD Hospital Trauma Center.

In many cases, the medical treatment that you received after the accident is just the beginning, as you may require continued treatment, surgeries, physical therapy, and a regimen of various medications for an undetermined period.

Evaluating Your Auto Collision in San Diego

As your personal injury attorney, Brad Nakase will help you after a car crash by ensuring that you receive the proper medical care after having been injured in a car accident is a top priority. In tandem, we will investigate the circumstances of your accident by obtaining an auto collision report from the San Diego Police Department; we will talk with witnesses, and experts to identify the responsible party or parties and pursue a negligence lawsuit on your behalf.

Dealing with the Liable Driver’s Insurance Company

When you’re injured from a car accident resulting in personal injury you should not speak with the insurance company representing the other driver; you must consult with a car accident lawyer in San Diego who knows the local courts. If you do talk to the insurance company, you could end up settling your injury claim for a fraction of the actual amount of money you’re entitled. This is because the insurance company representing the other driver will either minimize your money damages or utilize statements you make concerning the accident to mitigate their liability. In essence, you will have short-circuited the negotiation process whereby we would seek to get you the maximum amount of financial compensation in the form of a settlement from the other driver’s insurance company.

This process starts with the compiling of all relevant factual information concerning the circumstances of the auto accident in San Diego and continues with detailed information concerning your injuries, medical treatment, and costs. Once this is completed, as your car accident lawyer, attorney Brad Nakase will incorporate this information into the form of a “demand letter” to send to the liable driver’s insurance company. From that point, there may be some back and forth settlement discussions before reaching a final agreement. If the insurance company chooses not to settle the case, we will file a personal injury lawsuit on your behalf in Superior Court in San Diego to recover the maximum money for you.  

Money Recovery after a Car Crash in San Diego

Past medical expenses

Expenses that you incurred in treating your injuries may be recoverable. Those may include bills for hospital costs, doctors’ costs, chiropractic costs, physical therapy, diagnostic imaging, etc.

The general rule, under Civil Code section 3333, is that you are entitled to recover the reasonable value of medical care and services caused by the responsible party’s negligent conduct. You may also be able to for medical expenses that have been billed to you but not yet paid.

Future medical expenses

Future medical expenses may also be recoverable. As an injured party, you are entitled to recover the reasonable value of medical services that are reasonably certain to be necessary for future treatment. If your case goes to court, the jury determines the probability of the need for future medical treatment. This does not require that a doctor to testify that he or she is reasonably sure that you would be disabled in the future. All that is necessary for you to establish future disability is evidence that it will occur with reasonable certainty, which includes the expert testimony. Even if the amount of future medical expenses may be difficult to measure or subject to various possibilities, you still may be able to recover damages.


Lost Wages and Future Earnings

After a car crash and you are unable to work due to your injuries, you may be able to recover both lost wages and future earnings.

Impairment of your earning capacity is not the same as the actual loss of wages that occurred from the time of your injury until trial. If your lost wages for this period can be proven with reasonable certainty, they can be recovered as special damages. 

For future earnings, your ability to earn rather than a record of past earnings determine the impairment of your future earning potential.

Even if you were unemployed when the accident occurred, you still might be able to receive compensation for the loss of your earning capacity. The fact that you were not employed at the time of the accident does not necessarily deprive you of the right to compensation for loss of earning capacity.

Pain and Suffering from Serious Car Collision in San Diego

You may be able to receive money compensation for pain and suffering as a result of the car crash. Although you may recover for pain and suffering, though the money damages must be reasonably proportioned to the intensity and duration of the harm caused by the injury. Money can be awarded even without proof of the actual amount. To recover money for pain and suffering, you must show the nature and severity of the harm from the accident.

If your injury is permanent from a severe car accident, you may be able to recover damages for future pain and suffering as well.

Money compensation for pain and suffering may be awarded for the inconvenience, annoyance, and interference with you, and your family’s comfort suffered as a result of the defendant’s actions. You do not need to prove the amount of such damages in dollars and cents. The court will consider all facts and circumstances established by evidence to determine appropriate damages.

As a San Diego car accident lawyer, Brad Nakase knows that recovery from injuries can be a time-consuming process that should be your priority. We also realize that there are many personal injury lawyers out there, so we ask that you let us earn your trust. Our firm has the ability, knowledge, and expertise to carry the burden of pursuing your personal injury case to a successful resolution and recover the maximum compensation for your injuries. Under California law, you have two years from the date of the accident to file a lawsuit.

Call us for a Free-Confidential consultation with a Car Accident Lawyer in San Diego: (619) 550-1321

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