Fresno Car
ACCIDENT Lawyers

• Check on occupants of all vehicles involved and help where needed
• Notify local law enforcement by contacting the California Highway Patrol or Fresno police and advise them of any injuries
• Take photographs of the scene including traffic signals or signs, damage to vehicles, and when appropriate injuries of victims involved
• Exchange name, address, telephone number, and insurance information with all involved drivers
• Request contact information for any witnesses to the accident
• Seek medical attention by either having EMS transport you to the hospital, or seek attention from your own medical care provider

The things you avoid doing following a car accident could be as important as the things you do following a car accident.

Here are some things to avoid:

• Giving any indication through your words that you may be partially or entirely at fault for the accident
• Sharing information about the accident via social media
• Speaking with an insurance adjuster before speaking with an experienced Fresno car accident attorney

Common sense will play a part—do not do anything which will jeopardize your legal case or your insurance claim following a Fresno car accident.

The first thing you should understand is the insurance adjuster will likely call you very soon after the accident is reported. Their goal is simple: To attempt to save the insurance company money. Insurance adjusters know if you have serious injuries you are likely to be concerned about how to pay medical bills, how you are going to pay your normal bills, and you are concerned about your health. They know if they can get you to agree on a quick settlement they can get you to accept a lower amount than you may recover.

In all cases you should avoid the following when talking to an insurance adjuster:

• Downplaying your condition – Insurance adjusters are trained to ask questions to gather certain information. For example, they may ask for permission to record your call, and if they secure that permission they will likely start by expressing concern about your overall condition. They are hoping to get some simple statements such as “I feel fine” from you. They will use this statement against you. Your best bet is to tell the adjuster to contact your insurance company, or to have them speak with your car accident lawyer. This will help you avoid hurting your case.
• Obtaining medical records – You may also be asked to sign a medical records release. This is a common challenge. Insurance companies have the right to ask for the records which pertain to the injury you sustained from the accident, but the releases are seldom that specific. Chances are the insurance company will attempt to get your prior records. The reason for this is they hope to use any preexisting injuries as proof your injuries were not caused by the car accident caused by their client. Never sign any forms presented by an insurance company without having them reviewed by an experienced car accident lawyer.
• Quick settlement offers – The more serious your injuries, the more likely you are to get a quick settlement offer. The reasoning behind this is simple: If an insurer can get you to accept an offer, part of that offer will contain a waiver. The waiver may be in fine print on the back of the check and states that once you cash the check, the insurance company will have no further liability for any future claims pertaining to the accident. This is a common issue which accident victims often face—the insurer offers them a settlement, the plaintiff accepts the settlement, and future medical bills, lost wages, and other economic and non-economic losses remain a hurdle for the victim. Never accept a settlement without speaking with a Fresno car accident attorney.

• Medical costs associated with your injuries – From the ambulance ride to the hospital immediately following an accident until the day your last follow-up visit occurs your medical costs can be part of your legal claim for a Fresno car accident. Medical costs are broad including rides to and from your visits, prescription drugs for infection or pain, and any specialized tests or procedures you may require to recover from your injury.
• Wages current and future – When you are losing money because you cannot return to work due to the injuries you suffered in a Fresno car accident, you have the right to be made financially whole. Wages you lose during your recovery should be the responsibility of the party who caused your injury. Your car accident lawyer will also estimate the wages you will lose in the future either because you couldn’t return to work or wages you may lose due to follow-up care.
• Additional economic damages – In addition to including the cost of repairing or replacing your vehicle which was damaged during a car accident, there may be other economic losses that your attorney can include as part of your overall claim. For example, if you need to make modifications to your home, require assistance in the home while you recover, or have other expenses related to your injuries, you may include them in your settlement request.
• Non-economic losses – There may be non-economic losses such as pain and suffering, loss of enjoyment, or loss of consortium that you may include in a settlement demand. Victims should discuss their options with their attorney and determine what to include.

It largely depends on the insurance company. If your Fresno car accident attorney can reach an agreement on a settlement amount in line with your expectations, the process will proceed much faster. However, in some cases, we may have to take the matter to court for you to obtain the compensation you deserve following an accident.

Yes, because even when a driver is charged with a DUI, the insurance company may still attempt to minimize your claim. Keep in mind, while a driver may be facing a DUI charge, this has nothing to do with your Fresno car accident claim. In fact, victims often ask us if they must wait until the driver is found guilty of a DWI charge to proceed. The fact is you do not have to wait for criminal charges to resolve.

Lawsuits filed to compensate someone who is injured due to another person’s negligence are different from criminal DUI charges. A DUI is a criminal matter while a car accident compensation lawsuit is considered a civil matter. In the case of a DUI, the prosecutor has to prove beyond a reasonable doubt the driver was under the influence. In the case of a civil lawsuit, the case must be proven by a preponderance of the evidence, which is a lower standard. Additionally, while a conviction for DUI might help support a civil claim, a lack of a criminal conviction does not bar a plaintiff from pursuing damages in a Fresno civil court.

There is little reason not to retain an attorney. While you are free to pursue a claim on your own, there are numerous challenges associated with doing so. Insurance companies hope that many victims will not hire an attorney because they know most people do not understand what rights they might have under California statutes. They also know that they might get you to settle for a lower amount that you might accept if you have an attorney involved.

Keep in mind, insurance companies have attorneys who are working on their behalf. These attorneys are there to protect the insurer. To level the playing field, you need someone who will serve as your advocate during negotiations. Remember, an insurer will use numerous tactics to lower your potential settlement.

For example, if you suffer a back injury during a Fresno car accident, they will scour your medical records looking for prior history of back problems and claim your injury was the result of a pre-existing condition and not a result of the car accident. This is just one example of some methods that may reduce the amount of compensation you collect for your injuries.

Hiring an attorney quickly after a car accident helps protect your legal rights. In addition, if the insurance company refuses to negotiate a reasonable settlement, your attorney will be prepared to go to court to fight on your behalf.

This question comes up in almost every car accident case. Understandably, you care about finances during this difficult time. While you are focused on recovering from your injuries, you are getting bills in the mail and the last thing you want to do is face a mounting legal bill. Here’s the good news: In addition to offering a free consultation where an attorney can explain the legal process and help you understand what compensation you may recover, you will likely not have to pay any attorney fees upfront.

Fresno car accident lawyers at The May Firm, for example, will often take cases on a contingency basis. This means that unless your attorney can secure a settlement on your behalf, you will not pay attorney fees. Once your case has settled, your lawyer’s fees will come only out of the final settlement amount (or court judgment).