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 many 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 advantage. The Law Offices of David Mamann offer 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.
For more information on these issues, or answers to any questions you may have, use our contact form.

Q: What Losses Can You Pursue A Claim For?

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. These general rules have many exceptions and provisions so you should seek legal advice as soon as possible to determine what your rights are.

Q: How Long After Injury Can You Pursue A Claim?
A: In California you only have one year 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: Tragically, 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 Is A Wrongful Death Claim?
A: A wrongful death case is the type of legal action to be taken when the negligence of one person causes the death of another. This type of lawsuit is brought on behalf of the deceased person's beneficiaries. In California, you may have no more than one year from the date of death to begin a court proceeding against the negligent party. You may have as little as six months or one year to begin legal action depending on who the defendant or wrong-doer is. Although the tragic death of a family member or loved one cannot be equated with money obtained by filing an action against the wrong-doer, it may somewhat help the surviving family members and might send a message to help others avoid the heartache that the family has been through.

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 insurnace policy of the car you were travelling in and possibly your ownn 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 insurnace 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 insurancecompany. 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.

Q:What Happens When A Drunk Driver Injures You?
A:Depending on your particular case, in California, you may be able to recover for your proerty 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 even if you are a victim of a hit and run accident in California.