Car Accident Lawyers in La Mesa, CA

If you or a loved one has been injured in a car accident in La Mesa, you may be entitled to significant compensation. Injuries from auto accidents can exact a major physical, emotional, and financial toll on victims and their families. Mounting medical bills, time missed from work, the stress related to the injury, and other hardships can make it difficult to pick up the pieces and move on. Insurance companies often try to take advantage of this situation by making a lowball settlement offer. Before accepting any offer from an insurance company, speak with an experienced car accident lawyer about your rights and legal options.

At Garmo and Garmo, LLP, we have over two decades of experience successfully representing victims of car accidents in La Mesa and surrounding San Diego communities. Our lawyers have extensive knowledge of this area of the law, and what it takes to ensure that those responsible for your injuries are held fully accountable. We have a proven track record handling even the most complex cases against well-funded adversaries, such as insurance companies and their high-priced lawyers. We have the experience, knowledge, resources, and dedication to provide the skilled and personalized representation our clients need and deserve.

Things to Do Immediately Following a Car Accident

• Assess your Physical Injuries and Call 911
• Collect Initial Evidence to Support Your Claim for Compensation
• Do Not Leave the Scene of Accident Until Help Arrives
• Visit the ER or See a San Diego Medical Professional Right Away
• Inform Your Auto Insurance Company about the Car Crash
• Write Down Notes about the Car Accident
• Keep a Record of Your Pain Experience
• Hire the Experienced San Diego Personal Injury Lawyers at Garmo & Garmo, LLP

Common Causes of Car Accidents

Speeding: Drivers in Southern California routinely exceed the speed limit. Everybody is in a hurry to get where they are going, and many do not obey the traffic laws. When a vehicle is moving faster, it is much more difficult to maintain control when an unexpected problem arises. This can lead to collisions with other vehicles, bicyclists, pedestrians, or objects.

Reckless Driving: This is not as common as regular speeding, but it is far more dangerous. Reckless drivers are those who drive with the mindset of wanton and willful disregard for the rules of the road and the safety of others. This behavior manifests itself in numerous ways. Examples include excessive speeding, tailgating, weaving in and out of lanes, running stop signs and stop lights, making sudden stops, making improper turns, and many others.

DUI/DWI: One of the factors that frequently contributes to the mindset of a reckless driver is alcohol or other mood-altering substances. Driving under the influence of alcohol or drugs can cause motorists to exercise very poor judgment by taking unnecessary chances that endanger those around them. Other affects may include driving while drowsy or even falling asleep at the wheel.

Distracted Driving: California’s “Hands Free” law has been on the books for over a decade now, and additional distracted driving laws have been enacted. Despite these laws, tens of thousands of California motorists are involved in distracted driving-related collisions each year. Texting while driving (and sending other types of electronic messages) is especially dangerous because it distracts drivers in three ways; manually, visually, and cognitively.

Mechanical Defects: A lot of faulty vehicles and auto parts hit the market each year. We frequently hear about recalls of certain vehicles because of some type of mechanical defect. Some defects are just inconvenient, but most can be hazardous if something fails in the wrong place at the wrong time. Examples of failures due to faulty vehicles/parts may include tire blowouts, break line leaks, computer system malfunctions, and many others. When a mechanical failure causes an accident, there could be multiple responsible parties, including the vehicle or part manufacturer, supplier, or distributor, or the party responsible for maintaining the vehicle.

Damages Available in Car Accident Cases

San Diego motorists, bicyclists, and pedestrians who are injured in an auto accident are entitled to compensation. Compensatory damages for accident injuries may include:

• Property Loss
• Medical Expenses
• Lost Wages
• Loss of Earning Capacity
• Physical Pain and Suffering
• Emotional Distress
• Diminished Quality of Life
• Loss of Consortium
• Funeral and Burial Costs (in wrongful death cases)

In rare cases in which the conduct of the party responsible for the accident was especially egregious, punitive damages may be awarded. Punitive damages are not intended to compensate the victim, but rather to punish the wrongdoer and discourage similarly egregious conduct by them (and others) in the future.

California uses a pure comparative negligence standard for personal injury cases. This means that victims who are injured in a car accident can recover compensation even if they share some of the responsibility for the accident. If the victim does share fault, however, their damage award is reduced in direct proportion to the percentage they are determined to be at-fault for the accident. For example, if an injured party should receive $150,000 in damages but they are found to be 10% at fault for the accident, their damage award would be reduced by $15,000.

Are Car Accident Victims Entitled to Compensation for Pain and Suffering in La Mesa, CA?

If you have been injured in a car accident in La Mesa, California, you may be wondering if you can recover compensation for more than just your medical bills and lost wages. In California, accident victims are indeed entitled to seek compensation for “pain and suffering,” which falls under the category of non-economic damages. 

Understanding Pain and Suffering

Unlike medical expenses or repair costs, pain and suffering do not have a specific price tag. These damages are intended to compensate you for the intangible, subjective harm caused by an accident. This includes physical pain, emotional distress, anxiety, depression, loss of enjoyment of life, and the general disruption the accident has caused to your daily routine. Because there is no set formula for calculating these damages, they are often the most heavily debated part of a personal injury claim. 

How Is It Calculated?

In California, there is no standardized “multiplier” or calculator mandated by law to determine the exact value of pain and suffering. Insurance adjusters and juries look at several factors to arrive at a fair amount, including the severity of your physical injuries, the length of your recovery time, the impact the injury has on your ability to perform daily tasks, and the level of emotional distress resulting from the crash. Because these factors are subjective, proving the extent of your pain often requires detailed documentation, such as medical records, personal journals detailing your daily struggles, and testimony from mental health professionals or family members.

California’s Comparative Negligence Rule

It is important to note that California follows a “pure comparative negligence” system under California Civil Code Section 1714. This means that if you were partially at fault for the accident, your total compensation—including your award for pain and suffering—will be reduced by your percentage of fault. For example, if your total damages are $10,000, but you are found to be 20% at fault, your recovery would be reduced to $8,000. Unlike “modified” comparative negligence states, you may recover damages even if you are more than 50% at fault, provided you are not 100% responsible. 

Filing Deadlines and Legal Guidance

Under California Code of Civil Procedure Section 335.1, you generally have two years from the date of the injury to file a personal injury lawsuit. Failing to initiate a claim within this period may result in a permanent dismissal of your case. Navigating an injury claim in La Mesa can be complex, especially when dealing with insurance companies that often aim to minimize payouts for non-economic damages. An experienced personal injury attorney can help you gather the necessary evidence, articulate the extent of your suffering to adjusters, and fight for a settlement that accurately reflects the physical and emotional impact of your accident.

Contact a Seasoned Car Accident Lawyer in La Mesa

Being seriously injured in an auto accident can be a life-altering experience. And if you decide to go it alone and negotiate directly with the insurance company, you are unlikely to receive a full and fair settlement offer for your injuries. Insurance claims adjusters are professional negotiators, and their employer’s main interest is to mitigate their losses by paying out as little as possible. If you are in this situation, you need a legal professional by your side who is looking out for your interests.

At Garmo and Garmo, LLP, we understand what car accident victims and their families go through, and we do everything possible to make the legal process smooth and stress-free. We are skilled litigators and strong negotiators. Whenever possible, we look to secure full compensation without the need for litigation. If the other side is not willing to be reasonable, however, we are ready and able to pursue full damages at trial and upon appeal.

For a free consultation with one of our experienced attorneys, call us today at 619-441-2500. You may also send a secure and confidential message through our web contact form.