Traffic accidents are by far the majority of cases handled by the Law Offices of David Mamann and we have successfully represented the rights of hundreds of traffic accident victims. In most cases, claims are negotiated with the insurance companies and are favorably settled by the Law Offices of David Mamann, with the client's approval and consent, without having to go to court. Also, most insurance companies will not raise your insurance rates when it has been determined that the accident was not your fault. You therefore must remember that insurance companies have professional adjusters and attorneys working to represent their interests and to save the insurance company money. Be sure that you are not dealing with the insurance company at an unfair disadvantage. The Law Offices of David Mamann is here to help you and offers a no obligation free initial consultation to discuss your claim. Because the law is ever-changing, and every situation is different, this information is provided only as a general guideline and does not replace the advice of an attorney.
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Q: What Losses Can You Pursue A Claim For?

Q: How Long After Injury Can You Pursue A Claim?

A: In California you have two years from the date of injury or death to begin a court proceeding unless the injury results in a wrongful death claim, that is the result of medical malpractice which in that case you have no more than three years. You may have as little as six months or less to begin legal action depending on who the defendant or wrongdoer is.

Q:What Happens When A Drunk Driver Injures You?

A: Sadly, drunk drivers have killed or injured thousands of Californians on our roadways despite attempts to keep them off the road. Although the State will prosecute and possibly punish drunk drivers in a criminal action, you still have a right to be compensated and may be able to recover for your property damage, your medical and hospital costs, your pain and suffering, your loss of wages and lost earnings capacity along with other damages that may arise.

Q: What Are My Rights As A Passenger?

A: A passenger is usually never at fault in an accident and in California, may be able to pursue a claim against the driver who was at fault. With the exception of certain family members and depending on the particular case, you may be able to recover for your property damage, your medical and hospital costs, your pain and suffering, your loss of wages and lost earnings capacity along with other damages that may arise.

Q:What Happens When You Have An Accident and You Are Not In Your Own Vehicle?

A: If you are a victim of another driver's negligence, in California, you may be able to pursue a claim against the driver who was at fault. In the case where the negligent driver has no insurance or not enough insurance, then it may be possible to pursue a claim against the insurance policy of the car you were travelling in and possibly your own personal auto insurance or the insurnacce of a member of your household, depending on the applicable insurance policy provisions.

Q:What Happens If You Or The Other Driver Are Underisured Or Uninsured?

A: Depending on your particular case, in California, you may be able to recover for your property damage, your medical and hospital costs, your pain and suffering, your loss of wages and lost earnings capacity along with other damages that may arise. If the other driver does not have insurance or does not have enough insurance to cover your damages, you may, with the exception of certain family members, be able to proceed with a claim against your own insurance company. In the case of not having enough insurance, you are allowed to have "stacking" insurance so that if your damages are high, you can add your insurance to the other driver's insurance. You are allowed to make a claim against "underinsured" insurnace policy after first exhausting all of the other driver's benefits.