Should I Ever Admit Partial Fault For An Accident If I Know I May Have Been Responsible?
If you believe that you are partially at fault for an accident, it advised not to admit fault. Admitting fault is a legal conclusion, and you don’t want to be in that position. You may believe that you’re admitting a small amount of fault and trying to be honest, but anything you say can be misconstrued and used against you. The other party can twist your statements and argue that you are admitting to 100% fault. Instead, it is best not to admit anything and get in contact with an attorney. Your attorney will review and investigate your case and the facts. They will put forth your version of the incident in the best light. Subsequently, the insurance company, a judge, and/or jury will determine who indeed was at fault.
Once I Hire An Experienced Attorney To Handle My Personal Injury Case, What Information Is Critical To Share Right From The Start? Can My Medical History Be Used In The Case For Or Against Me?
When you have a consultation with an attorney, all of the communication you have with that attorney is confidential. It’s always best to be honest and give all of the information. Do not hide any information that relates to the accident from your attorney. The critical information is your version of what happened with the actual incident. Where were you going? How were you driving? What lane were you in? Everything about the accident and all you recollect needs to be brought forth to your attorney. It is important to tell them about who was driving, the passengers in your car, the other driver, whether a police report filed, and if you have car insurance.
In regard to your injuries, you need to be honest. Don’t make up or exaggerate your injuries. However, if you have any issues with pain and bruising, you should bring that to your attorney’s attention. If you have past medical issues, that is important to relay to your attorney. A past medical issue could be used against you, but it can also change the value of your case. For instance, if you have a preexisting condition in your neck and it was aggravated or exacerbated because of the current accident, it can perhaps change or increase the value of your case. If you have a preexisting condition to a body part that was not altered or changed from the accident, it’s not going to affect your case. The basic answer, however, is that you’ll want to bring all of your relevant medical history to your attorney’s attention.
If I Was Partially At Fault For The Car Accident That Caused My Injuries, How Does That Impact A Personal Injury Claim In California?
California is a comparative fault jurisdiction, which means that each party can be assigned a certain percentage of the fault by a judge or jury. For example, you could be found up to 100% at fault, such as 20% or 50% at fault. Once the percentage for comparative of fault is determined, the damages will be reduced accordingly. If you were found partially at fault, the value of your recovery will be reduced.
If I Wasn’t Wearing A Seatbelt At The Time Of The Car Accident That Caused My Injuries, Will That Impact My Personal Injury Case?
Not wearing a seatbelt at the time of a car accident can affect the value of your injury case. If your injuries are a result of not wearing a seatbelt at the time of an accident, your damages might be reduced. However, in order to really determine how your case will be affected, it is recommended to seek the advice of an attorney because comparative fault in California would come into play. In such cases, the main question would be: if you would have been wearing your seatbelt, would you have you been injured?
What Is The Statute Of Limitations To File A Personal Injury Claim In California?
California’s statute of limitations for most personal injury negligent cases is two years. The statute applies to either settling the case with the at-fault party or filing the case in court to preserve the statute. Medical malpractice claims have a statute of limitations of one year. However, car accidents generally have a time limit of two years from the date of the accident.