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.
Donald Colvin, Accidents and Personal Injuries: FAQs
Q) I was injured in a car accident in which I was partially at fault. Will that affect my personal injury claim in California?
A) Being partially at fault for the accident may impact your California personal injury case, depending on how much liability you have. California is a “comparative fault” state. This means that each party is assigned a specific percentage of “fault” (or liability) during the trial. Once your percentage of fault is determined, your damages will be reduced by that amount. For instance, if you were found to be 20% at fault, your damages will be reduced by 20%.
Q) If I was partially at fault for an accident, should I admit it?
A) It is generally advised not to admit fault. Admitting fault is a legal conclusion, and will be used as such. Even if you only believe you are admitting to a small amount of fault, for the purpose of being honest, what you say will often be misconstrued and used against you. Personal injury defense attorneys can easily twist your words such that it looks like you are admitting to 100% fault. Rather than admitting fault, you should get in contact with an attorney as soon as possible. Always be honest with your attorney about any liability or fault you believe you may have for the accident. They will be able to present the facts as clearly as possible in a way that does not hinder your case.
Q) I wasn’t wearing my seatbelt when I got into the accident that caused my injuries. Will that affect my personal injury claim in California?
A) Not wearing a seatbelt may affect your California personal injury case. However, this all depends on what sort of injuries you sustained during the accident. If your injuries could have been avoided by wearing a seatbelt, your damages may be reduced. An experienced personal injury attorney will be able to assess your unique case for liability and let you know what impact not wearing your seatbelt may have.
Q) What is the statute of limitations for a personal injury claim in California?
A) The statute of limitations for most personal injury cases in California is two years. This includes car accident personal injury cases. You have two years to either settle the case with the at-fault party out of court, or to file the case in court. When it comes to medical malpractice, the statute of limitations is one year.
Have you been injured in a car accident and want to pursue a car accident personal injury case in Bakersfield, California? If so Bakersfield Personal Injury Attorney Donald Colvin is here to help. Attorney Colvin knows how devastating a personal injury can be, whether it’s a car crash injury or any other personal injury. He has years of experience with California personal injury cases, and has helped hundreds of clients seek their rightful personal injury settlements. Don’t wait. Call (661) 888-5235 for a personalized consultation today.