Have you been injured in a car accident in or around Oceanside, California?
If so, we can help. With a personal injury law firm based in North County, Randy Walton has handled auto accident cases arising in the Oceanside area, and has represented many Oceanside residents. Most people injured in an automobile accident are unaware of their rights and obligations following a car accident, and have questions about how to begin the claims process, how to obtain appropriate medical care, and what they're case might be worth.
To provide some preliminary information we have answered some of the most commonly asked questions below. Of course, we are available to explain all facets of the legal process in more detail after learning more about each individual case. Consider scheduling a free consultation with an Oceanside car accident lawyer by giving our office a call at 866-607-1325 or 760-571-5500 or via online questionnaire to share your story.
What is involved in a typical car accident lawsuit?
Like all civil actions, a car accident lawsuit is the process by which a victim who is injured after a motor vehicle accident seeks to recover for the losses they sustained. Talking with an attorney after one of these accidents does not automatically mean that a lawsuit will be filed. Instead, an attorney provides guidance so that the actual value of your case can be assessed and you have a zealous advocate working with the insurance company on your behalf.
Whether or not a lawsuit will be filed depends on a number of factors, including the question of fault, the seriousness of your injuries, and whether or not adequate insurance is available. A lawsuit is never filed without the client's permission. In most cases, car accident cases are settled fairly without the need for litigation. However, Walton Law Firm is committed to taking a case as far as it needs to go to ensure that all clients receive fair compensation for the losses they suffer through no fault of their own.
Is there a time limit on filing a California car accident lawsuit?
Timing is important when it comes to these cases. Like with most cases of this type, the state legislature has passed laws known as “statutes of limitation” which require victims to file suit within a set time after they are injured. That time limit is two years for personal injuries in automobile accidents. Also, there may be a 6 month limitation period on the claim if a public entity is involved. These requirements make it essential for all residents to seek legal help from a car accident attorney in Oceanside as soon as possible after an accident.
How long will the entire process take?
There are many variables that dictate how long it will take to resolve each individual case. In general a case that is settled will take much less time to be concluded than one that requires results in a lawsuit being filed. Some negotiations can reach a settlement in a few months while cases that cannot be settled may take a year or more.
What damages can I recover for this accident?
Victims of car accidents can recover for both economic and non-economic damages that they suffer with the assistance of a car accident lawyer in the Oceanside area. Economic damages are those with which most people are familiar such as the cost of fixing a vehicle (or its total value it cannot be fixed) and medical expenses. Economic damages also include lost wages if you have to take off work to deal with the accident.
Non-economic damages are often harder to calculate and are not necessarily recoverable in every case. In California possible non-economic damages include pain and suffering, inconvenience, loss of companionship, and emotional distress. Unlike economic damage which has a clear known value, non-economic losses must be evaluated on a case-by-case basis. These values are often fixed by comparisons to previous cases and historical ways in which courts have measured these sorts of damages suffered by residents after an accident.
About Us
Our Oceanside car accident attorneys at the Walton Law Firm have worked with many clients who have been injured in Oceanside accidents. We are experienced with all ranges of cases from those involving minor injuries to fatalities. Our lawyer is well aware of the often dramatic effect that these injuries can have of the lives of entire families. That is why we take a personal interest in every case on which we work, never forgetting that all clients deserve close attention and timely information about their case.
About Oceanside, California
Oceanside is popular resort city located on California’s South Coast, just outside the nation’s busiest military base, Marine Corps Base Camp Pendleton. The city has been booming for seemingly the past thirty or forty years—quadrupling its population in that time. Considering its proximity to the military camp, the area is home to many members of the U.S. armed forces. As recently as 2005, Oceanside was named the top vacation home market in the country by the Wall Street Journal.