SAN DIEGO CAR ACCIDENT ATTORNEY

According to the California Department of Motor Vehicles (“DMV”), as of January 1, 2019 there were 27, 136,792 licensed drivers in the state, including 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 simply result in property damage only, far too many car accidents can 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 time period, of the total 3,160 fatal collisions, 471 were caused by excessive speed.

If you were injured in a car accident, The San Diego Car Accident Attorneys at the Nakase Personal Injury Law Firm can help protect to protect your rights and get you needed medical care while pursing the maximum amount of compensation from the responsible parties.

After the Accident

Depending upon the circumstances you may have suffered a range of injuries from the car accident including, but not limited to, neck injuries-whiplash, back injuries, broken of fractured bones, soft tissue damage, cuts, lacerations, muscle damage, nerve damage, and severe internal injuries, all requiring expert medical care. 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 of time.

Evaluating Your Case

The San Diego Car Accident Attorneys at the Nakase Personal Injury Law Firm believe 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 through police reports, witnesses, and experts to identify the responsible party or parties and pursue a claim on your behalf.

Dealing with the Other Driver’s Insurance Company

Whether or not you retain the San Diego Car Accident Attorneys at the Nakase Personal Injury Law Firm, you should not speak with the insurance company representing the other driver until you have consulted with an attorney. If you do so, you could end up settling your claim for a fraction of your actual damages and costs. This is because the insurance company representing the other driver in all likelihood will either minimize your 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 accident, and continues with detailed information concerning your injuries, medical treatment, and costs. Once this is completed, the San Diego Car Accident Attorneys at the Nakase Personal Injury Law Firm will incorporate this information into the form of a “demand letter” sent to the other driver’s insurance company. From that point, there may be some back and forth settlement discussions prior to reaching a final agreement. In the event that the insurance company chooses not to settle the case, we will file a personal injury lawsuit on your behalf to recover the maximum amount of financial compensation.

Recoverable Money

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 as set forth in 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.[1] You may also be able to for medical expenses that have been billed to you but not yet paid.[2]

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.[3] “‘ 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 certain that you would be disabled in the future. All that is required 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 damages may be difficult to measure or subject to various possibilities, you still may be able to recover damages.

Lost Wages/Future Earnings

If 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 actual loss of wages that occurred from the time of your injury until trial.  If your lost wages for this time period can be proven with reasonable certainty, they can be recovered as special damages.[4]
For future earnings, your ability to earn rather than record of past earnings determines the impairment of your future earning power.[5]

Even if you were unemployed when the accident occurred, you still may be able to receive compensation for the loss of your earning capacity. The fact that you were not employed at time of accident does not necessarily deprive you of the right to compensation for loss of earning capacity.[6]

Pain and Suffering

You may be able to receive monetary damages for suffering.  To recover for pain and suffering, the monetary damages must be reasonably proportioned to the intensity and duration of the harm caused by the injury. Damages can be awarded even without proof of the actual amount. All that is needed is to recover damages for pain and suffering is evidence of the nature of the harm. This is because courts have determined that there is no direct connection between money and harm to your body, feelings or reputation.[7]

If your injury is shown to be permanent, you may be able to recover damages for future pain and suffering as well.[8]

Damages for pain and suffering may be awarded for pain, anxiety, 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.[9]

The San Diego Car Accident Attorneys at the Nakase Personal Injury Law Firm realize that recovery from injuries can be a time-consuming process which should be your first 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 pursing your personal injury case to a successful resolution and recover the maximum compensation for your injuries.

SAN DIEGO CAR ACCIDENT ATTORNEYS:

THE NAKASE PERSONAL INJURY LAW FIRM

Call us for a Free-Confidential consultation:

(619) 550-1321


[1]Hanif v. Housing Authority (1988) 200 Cal.App.3d 635

[2] Brown v. Guarantee Ins. Co. (Cal. App. 2d Dist. Dec. 3, 1957)

[3] J.P. v. Carlsbad Unified School Dist. (2014) 232 Cal.App.4th 323

[4] Swanson v. Bogatin (Cal. App. 3d Dist. Apr. 3, 1957)

[5] Foster v. Pestana (Cal. App. Feb. 4, 1947)

[6] McCormack v. San Francisco (Cal. App. 1st Dist. June 15, 1961)

[7] Duarte v. Zachariah (1994) 22 Cal.App.4th

[8] Denver & R. G. R. Co. v. Roller (9th Cir. Cal. Feb. 5, 1900)

[9] Mendoza v. Rudolf (Cal. App. 4th Dist. Apr. 9, 1956)

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