Auto Accident Attorney – Victorville, Hesperia, Apple Valley, Antelope Valley

The High Dessert is a vast territory with a population of over 400,000 residents.  This region has witnessed a substantial population growth over the past two decades. With this growth the region and its major cities and towns including Victorville, Hesperia, and Apple Valley have experienced a dramatic rise in car, truck and motorcycle accidents.

About Us

Here at the top-rated Normandie Law Firm, we have dedicated our law firm exclusively to the pursuit of justice on behalf of victims who have suffered injuries due to the negligent and wrongful actions of others. Our expert Victorville auto accident lawyers have years of experience in this field and they provide you with the aggressive legal representation that you deserve. Our goal is to make sure our clients receive the highest level of legal representation in order to ensure the highest possible level of recovery. We have the tools and resources necessary to fight the defendants who caused you damages and get you the maximum amount of compensation. Below you will find important information regarding auto accident claims, lawsuits, and how we can help you in our case. If you have have questions and you would like to speak with a car accident lawyer, truck accident lawyer, or motorcycle accident lawyer, feel free to give us a call or contact us via our case evaluation form. All consultations are provided by our experienced lawyers 100% free of charge.

Time Limit to Filing an Auto Accident Lawsuit

In the state of California victims of personal injury have a certain time period of time to file a lawsuit in the court of law. With respect to most auto accidents a victim will have two years from the date of the incident to file a civil claim. If no lawsuit is filed then the victim will typically no longer have a right to pursue recovery via legal means. Since filing a lawsuit involves lengthy procedures, you want to speak with an experienced attorney who has experience in car accident cases and get started with your lawsuit as soon as possible, since time is of the essence.

• Minors: Individuals under the age of 18 will have two years from the date of their 18^th birthday to file a civil personal injury lawsuit in the court of law.
• Government Claim: Accidents can be caused by the negligent or wrongful actions of government agencies and their employees. Due to a general immunity imposed on governments entities a victim must first file an administrative claim with the agency in question within six months from the date of the accident. Upon rejection of the administrative claim the victim will have 6 months from the date of rejection to file a lawsuit in civil court. In our experience, most administrative claims are rejected so once that happens, our law firm will have to file a lawsuit in court.
• Exceptions to the Statute of Limitations – Tolling a Statute: In some instances courts may waive the two year limitation on filing a lawsuit. Examples include cases where the victims is determined to be mentally or physically incapacitated, incarceration in prison, military service, or a time of war. For more information on exceptions, reach out to a qualified attorney with expertise in car accident injury lawsuits.

Victims’ Right to Recovery – Average Settlement Value of a Car Accident Case

In Victorville, Hesperia, and the rest of California, victims of personal injury have the right to seek recovery for all damages and harms suffered. Perhaps the most frequently asked question by our injured clients concerns the amount of compensation available to them for their cases. The potential value of a personal injury case is based on many factors. A list and description of the most important factors in determining the value of an injury case of presented below. An accomplished lawyer experienced in car accident injury cases will be able to give you an estimate.

• The extent of the injuries you have sustained due to the accident: For example, all other factors being equal, a case where a victim suffered fractured knee will likely result in a higher settlement in comparison to a person that suffered only a bruised knee. Higher injuries equal higher damages, which equal higher settlement amount.
• Current and future medical treatment associated with the injuries suffered. More comprehensive and expensive medical procedures will typically lead to a higher settlement amount.
• Lost wages and future loss of income caused by the accident. If the person was making money before the accident, and now he or she cannot make as much due to the injuries suffered in the accident, then they are entitled to lost wages. If the person’s earning ability is reduced because of the accident, they would be entitled to whatever income loss they will suffer because of the accident. For example, if the person made $20 an hour before, but now he can only make $10 an hour because of his injuries, the defendant would owe $10 per hour multiplied by the number of hours the victim was likely to work had the accident not happened.
• Level of pain and suffering associated with your injuries: In the state of California victims of personal injury are entitled to pain and suffering compensation. This also includes other non-economic damages including inconvenience, anxiety, humiliation, physical impairment, and loss of enjoyment of life. Pain and suffering is calculated on a per-diem basis. Thus a dollar amount is agreed to by the jury as to the daily pain and suffering of the victim then multiplied by the number of days a person is likely to suffer.
• Availability for punitive damages for the victim: In the state of California punitive damages are awarded in cases where the at fault party had the intent to cause harm to another or acted in reckless wanton disregard for the life and health of others. Examples of reckless acts include drunk driving, driving at an extremely high rate of speed, and hit and run accidents where the at fault party flees from the accident location.
• The percentage of fault attributed to the at fault party: California is a pure comparative fault state. Thus recovery is based on two general factors, your damage and the percentage of fault. For example if you have suffered $10,000 in damage and the defendant is placed 75% at fault and you are placed 25% at fault then you will receive $7,500 in recovery from the at fault parties.
• The insurance policy limits: Drivers in this state are required to purchase auto insurance with minimum policy limits of 15 thousand dollars liability coverage for each victim. However, there are policies sold by insurance companies which may exceed this amount. For example large truck and business owned vehicles may carry coverage amounts in excess of one million dollars.

Why You Should Never Attempt to Settle an Accident Case on Your Own

Many individuals who have suffered injuries in an auto accident attempt to negotiate a settlement with insurance companies on their own.  In the vast majority of cases insurance companies will simply take advantage of these individuals by offering a greatly reduced settlement and using deceptive tactics in order to reduce or eliminate any chances of recovery. It is important to understand the role insurance adjusters play for their employers; insurance companies are for profit enterprises with the goal of increasing their profit margins by not paying on the rightful claims of victims. They are not interested in treating you fairly. They don’t feel bad if you are injured and if you don’t receive anything. They don’t feel bad if you lost income, or if you are in pain. Their goal is to pay victims of accidents as little as possible. Below is a list of the most common tactics used by insurance adjusters in order to reduce or eliminate your recovery when you are not being represented by an attorney.

• Reduced property damage estimate: Insurance adjusters will attempt to guide you to get your vehicle repaired at one of their so-called ‘approved’ body shops. These body shops often fail to take into account many of the damages your vehicle sustained and thus understate the true damage sustained by your vehicle. The property damage of a vehicle is an important factor in establishing the extent of the impact to your vehicle. The heavier the impact the greater the chances of injuries to the individuals in the vehicle. Thus, with a low property damage evaluation insurance companies will argue that the impact to your vehicle was not strong enough to have caused the injuries that you are claiming to have suffered. You should always refuse to have your vehicle repaired at a insurance company certified body shop and instead find a body shop on your own or in many cases your attorney will be able to refer you to a body shop.
• Deceiving you on your right to recovery: Many times insurance adjusters will lie to you about your ability to seek recovery. They will say that you are covered for only 10 visits to the physical therapist or chiropractor; or that you cannot receive pain and suffering compensation, or that their insurance company does not cover lost work pay. This is not true; victims of auto accidents are entitled to recovery for all damages suffered.
• Lying to you about the Statute of Limitations: In some cases insurance adjusters have lied to victims about the time they have to file a lawsuit. As mentioned above, the SOL for filing a personal injury lawsuit in California is two years from the date of the accident. Once the two years statute of limitations has run without filing of a lawsuit a victim will no longer have the legal right to seek recovery. So the insurance adjusters are hoping that you will wait past the two years and lose your chances of a recovery.
• False deadlines: An adjuster will present an offer for settlement with a deadline for acceptance. Many victims mistakenly believe that if they do not take the offer it will be taken off the table. This is a trick used by insurance companies to compel you to accept their low offers. In reality you have two years from the date of the accident to accept their offer. If you do not accept you will still have time to negotiate the offer as long as a lawsuit has been filed.
• Recorded statements after the accident: Victims often do not feel pain immediately after an auto accident because of the release of pain suppressing adrenalin. So a victim may have suffered injuries even though there is no immediate pain. Insurance companies are well aware of this phenomenon and will attempt to get you on a recorded line as soon as possible after a crash and getting you to say that you are not in pain. Victims of auto accidents should refrain from making a recorded statement until they have spoken with an attorney.
• Pre-existing Injury or Medical Condition: Many insurance adjusters will attempt to eliminate your right to recovery by arguing that your injury had nothing to do with the accident; more specifically they will argue that you have a pre-existing injury. Under common law victims who have re-injured or exacerbated an existing injury are entitled to recovery.

Proving Your Case – California Negligence Laws Explained

Most personal injury cases are predicated on the negligence theory of liability. There are four general factors which are required in order to prove the negligence of a defendant. Reach out to a skilled lawyer with experience handling car accident claims for assistance in proving these points.

• Does the defendant (at fault party) owe a duty to the plaintiff bringing forth the cause of action: Under the common law system of jurisprudence every individual is owed a duty of care from other motorists on the road to act in a fashion so as to minimize the probability of harm.
• Did the defendant breach the duty of care owed to the plaintiff bringing forth the cause of action: Examples of a breach in the duty owed include, tailgating (driving too close to the vehicle in front), speeding, failing to properly navigate a left turn, driving while under the influence of an intoxicating substance, driving while drowsy, and failure to stop at a red light or stop sign, and just driving carelessly.
• Causation: The breach in the duty of care needs to have been a cause of the accident.
• Damages: The plaintiff bringing forth the cause of action needs to have suffered some type of harm or injury.

Common Injuries Caused in Auto Accidents

There are numerous injuries which can result from auto, truck and motorcycle accidents. It is important to seek the right medical attention in order to maximize the potential value of your personal injury claim. Here you will find a list of the most common injuries suffered in auto accidents and the common medical treatment associate with such injuries.

• Injuries to the spinal cord – resulting in back and neck pain: Common spinal cords injuries include disc bulges, herniations of the disc, and nerve damage. In some cases spinal cord injuries can result in devastating life long chronic pain. Victims of spinal injuries should receive an evaluation from an experienced pain management doctor or an orthopedist. Typically an MRI (imaging) of the spinal cord will be conducted and evaluated by the specialist in order to fully determine the extent of such injuries. Other treatments may focus on strengthening the back and neck via physical therapy or chiropractic care.
• Injuries to the shoulder: Common shoulder injuries may include partial or complete tearing of the rotator cuff, bruising, nerve damage, and bone fractures. Common signs of shoulder injury include pain, tenderness, numbness and tingling, and the inability to fully rotate. Victims should be evaluated by an orthopedist with a specialty in damage to the extremities of the body.
• Facial Injuries: Common facial injuries include broken nose, facial bone fractures, TMJ (injury to the jaw), tinnitus (chronic ringing in the ear), lacerations resulting in permanent disfigurement, fractures to the orbital socket, and dental damage. Individuals who are suffering from ringing in the ear should receive treatment from an ENT (ear, nose and throat) doctor. Those with TMJ injuries or dental damage should be evaluated by an oral-surgeon.
• Head Injuries: Individuals who have suffered a potential brain injury should receive immediate medical evaluation via a visit to the ER. Afterwards a neurologist with an expertise in head injuries should be able to evaluate you and determine the extent of the injuries you have suffered. Common signs of brain damage may include nausea and vomiting, extreme sensitivity to light, short term memory loss, reduction in cognitive functions, and mood changes.
• Other orthopedic injuries: Knee damage including ACL and MCL tears, ankle and foot fractures, broken bones.
• Damage to the internal organs: Collapsed lung, heart attacks, lacerations to the liver and kidney, and bowel obstruction.
• Mental health injuries: Perhaps the most common yet the most overlooked injury is the emotional and psychological damage which may result from a traumatic event. Victims will often suffer from sleeplessness, anxiety, depression, PTSD, and mood swings. Unfortunately many fail to treat for mental health damage resulting in prolonged bouts of self medication which may result in addiction to controlled substances.

Cost of Legal Representation

Many victims hesitate to contact an attorney because of the apparent high costs for hiring an attorney. With us, this is not the case. Our law firm pursues all of our personal injury cases exclusively on a contingency fee basis. This means that our clients do not have to pay for any of our legal fees and costs until there is a successful resolution to the case. We also carry a NO FEE GUARANTEE; meaning that if are not able to win your case you do not owe us a single penny.

Attorney Consultation Available Free of Charge

If you are looking for the best car accident lawyer in Victorville, Hesperia, or anywhere else in California, contact our law firm today. Our top attorneys with experience in car accident cases are able to provide any individual who has questions regarding their auto accident with a free case review and consultation. Feel free to contact us by phone or fill out our free case evaluation form.