Best Car Accident Attorney in Los Angeles

Los Angeles Car Accident Lawsuit: How to File a Claim

Very frightening statistics have revealed that auto accident injuries take place every 10 seconds. Car accidents often leave victims feeling overwhelmed, concerned, and anxious alone without having to figure out the legalities. Our car accident lawyer in Los Angeles has handled unique cases ranging from low-speed rear-end accidents to unjust bus collisions. At The Law Offices of Oscar H. Gutierrez APC we strive to recover maximum compensation for our clients while you heal, as most car accidents in California can be attributed to negligent driving on the road.

We Win Millions for Our Clients

Knowing where to go or who to rely on for assistance can bring incredible relief to the victim when a car accident occurs. Our law firm has been representing car accident victims since the early 1980s. Aside from providing legal representation, our experienced car accident lawyers in LA have helped our clients in many areas such as:

  • Repairing their damaged vehicles
  • Getting their medical bills paid
  • Finding caring and kindhearted doctors
  • Recovering property damage
  • Obtaining monetary compensation for pain and suffering
  • Keeping the insurance companies honest
  • Holding hit and run drivers, uninsured motorists, and drunk drivers liable for their actions

Types of Car Accidents 

There are various types of car accidents you might come across when assessing the extent of your damages. The most common types are listed below:

  • T-Bone Accidents are referred to as side-impact car wrecks. They occur when an opposing driver runs into the side of another driver’s car. These accidents are often fatal because of the direct hit. Its force has the potential to knock the vehicle off course and into a second or third crash.
  • Rear-End Collisions happen when a driver hits the vehicle in front of them at a relatively low or fast speed near a stop sign or in traffic. Inattentiveness is usually to blame for these accidents, as well as negligent driving.
  • Rollover Accidents are known to happen when a driver is speeding or involved in a multi-crash accident. The motion of the vehicle can cause severe spinal and brain damages as it rolls. These accidents are devastating, leaving survivors with accruing medical bills.
  • Head-On Collisions can cause broken bones, internal injuries, or burns, as one car crashes in front of another. According to the Insurance Institute for Highway Safety (IIHS), head-on collisions accounted for 56% of passenger deaths in 2018. While you’re likely to survive the incident, you’re unlikely to walk away uninjured.
  • Single Car Accidents only involve one vehicle. A personal injury lawyer can help drivers recover compensation from their insurance for incidents out of their control. Common reasons behind single-car crashes include potholes, crossing animals, or getting run off the road by other motorists.

What To Know About California Car Accident Laws

When you get into an accident you’ll have 24 hours to report it to law enforcement. Although it is essential to have your statement on record, it is just as crucial to receive a medical assessment at the accident scene.

Most of our clients wonder why it matters to go to the hospital after an accident - especially if they were already evaluated. ER doctors can run diagnostic tests and scans to determine if you have an underlying injury. If you plan to file a car accident lawsuit against a negligent driver, your medical reports will be used as the basis of your claim. Without it, you might not have a winning case.

California laws also require drivers to report the accident to their local DMV within ten days if someone was injured, there was over $1,000 in property damage, or it resulted in fatalities. When both drivers share fault in the accident the court will follow the doctrine of pure comparative negligence. Each party will be held accountable and owe the other driver based on their percentage of fault in the accident.

If you have any questions about California laws regarding car accidents, give our attorneys a call.

Damages Recoverable from A Car Accident

Depending on the severity of an accident, your damages can cost thousands. When you hire an experienced lawyer to represent your case, you increase your chances of recovering:

  • Physical Damages: All medical costs and expenses for appointments, operations, post-op treatments, medications, in-home care, or rehabilitation resulting from the accident
  • Pain and Suffering: The settlement would include compensation for mental anguish and emotional distress, such as anxiety or PTSD. Depending on their physical or mental state, the victim may experience loss of enjoyment of life, also categorized as pain and suffering.
  • Lost Wages: If you are hurt so badly that you cannot go to work, you will need to be compensated for your lost wages. Any time spent off the job while in the hospital or at your follow-up appointments should be reimbursed.
  • Loss of Consortium: This is only awarded in cases where the victim was seriously injured or killed. It refers to the deprivation of benefits that the family experiences after their loved one is taken from them or changed forever. Loss of consortium includes companionship, advice/guidance, affection, and sexual relations.

Compensation for Car Accident Injuries

Car accidents can result in significant loss, severe injuries, and even wrongful death. Part of building a successful personal injury lawsuit for our clients is establishing:

  • Whether the city contributed to your injury
  • The conditions you were driving in at the time of the accident
  • If third-party organizations share fault for defective car parts
  • Driver negligence on the road
  • Driver error

The car accident attorneys at Gutierrez Law have the knowledge, experience, financial resources, and courtroom track record to obtain fair and full compensation for a car accident injury. We invest in expert witnesses when needed, and we are more than prepared to file suit and follow through with it all the way to trial if necessary. We can also make necessary arrangements to meet with you or a loved one that has been injured in a car accident at your home or in a hospital room.

Related Articles About Car Accidents 

Car Accident Defenses: Contributory And Comparative Negligence
After a traffic accident, a variety of expenses will burden each party involved. Who pays depends on who’s fault the accident was. For instance, in rear-end accidents, the driver responsible for colliding into the bumper is usually liable. But with T-bone accidents, it can be much harder to determine who pays the damages. California goes by the doctrine of comparative negligence, meaning that each person pays the percentage of liability they carry in the accident.

Hit And Run Accident Charges
Nobody wants to be in a car accident, but if you find yourself scraping, denting, or outright totaling another vehicle, you should never flee the scene. Leaving the scene of an accident makes it a hit-and-run, and hit-and-run accidents incur more charges than the average crash. Many states have fines for hit-and-runs that range between $5000 and $20,000. At-fault drivers might even face jail time if someone was injured in the crash. Automatic revocation or suspension of your driver’s license is also a consequence of fleeing the scene after an accident.

How To File An Auto Insurance Claim
The aftermath of an accident is disorienting and stressful, but there are specific steps you should take to ensure that you have the most substantial claim possible for compensation. Most people are not prepared for a car accident or the claims process that happens after. This puts them in a vulnerable position since they may say “sorry” to the other driver, thus admitting fault for the accident. They may also forget to take photos, which will serve as evidence in court. However, reading our list of steps to take to file a strong auto insurance claim should help you feel more prepared for the legal battle that is to follow.

Is Fault Automatic in a Rear-End Car Accident Case?
Fault in a rear-end car accident is not always automatic. The extent of their negligence on the road determines if a driver is responsible for the accident. Per negligence laws, victims are eligible to recover compensation for car damages or injuries from the accident. The nature of rear-end accidents varies per client, especially if both the “victim” and “negligent driver” share fault.

Frequently Asked Questions About Car Accidents

  1. After a car accident, can I recover lost wages if I’m self-employed?
    Yes - Self-employed plaintiffs can claim for loss of income! You might be entitled to more damages if you need to hire temporary staff to perform your daily tasks while you recover. Car accidents can cause debilitating and life-threatening injuries that take months to recover.
  2. How long do I have to sue the opposing driver for my damages?
    In California you have two years from the date of the accident to bring a personal injury lawsuit against the defendant. It is referred to as the statute of limitations. The only time it can be extended or tolled is if the case involved a child, the plaintiff has a mental disability, or has not discovered the injury.Poor road maintenance might prompt you to file a lawsuit against a government entity. In that case, you’ll have only six months to file a claim. If they reject your claim you’ll have 182 days to file a lawsuit. Because this can be a tough legal battle, we recommend retaining the services of a personal injury lawyer in Los Angeles.
  3. Do I need to go to court to settle for my car accident injuries?
    That depends. At Gutierrez Law, we will always try to resolve and settle your case before going to court. Insurance companies typically offer payment immediately. But our legal team will determine if it’s fair and covers all your damages.
  4. How do I know whether I have a successful case?
    We recommend consulting with a personal injury lawyer to determine how much the case is worth. For a winning lawsuit, you should have medical records of the injury, be able to explain how it has taken a toll on your life, and the defendant’s responsibility.
  5. Comparative fault: what does it mean?
    You may have heard the term “comparative fault” before. It is a legal term meaning a percentage of fault will be applied to each party. In some instances, both drivers are responsible for the crash.

    Example: Suppose a driver runs through a stoplight at the same time you speed through a stop sign. A collision ensued. The court might allocate 40% fault to you and 50% to the other driver. Both of you will be obligated to pay each other’s damages.

Contact A Car Accident Attorney to Start Your Claim

At The Law Offices of Oscar H Gutierrez, we have been successfully representing car accident injury victims for many years. To date, our experienced and highly proficient team has helped thousands of clients throughout the State of California.

Navigating the insurance agencies and legal framework for compensation can be difficult, especially if English is not your first language. That’s why you should call the bilingual lawyers of Gutierrez Law to make sure you are compensated for your pain and suffering.

Don’t leave your medical bills and property damage to chance; instead, hire a law firm that can win you the maximum settlement. Contact our office for a free consultation at 323-999-3500 or email us at