Los Angeles Car Accident Attorney Talks About Whether You Should Handle Your Own Car Accident Case

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If you have been in a car accident, then you have probably already received a call from the other driver's insurance company. They may have asked you to make a statement "telling your side of the story". They may even have already offered you a small amount of money to settle your case. If your car sustained damages, or you were hurt in the accident, it may be tempting to take the money they are offering you. You may even be considering trying to negotiate with them yourself for more money. According to Los Angeles car accident attorney Emery Ledger of Ledger & Associates, there are times when you can handle your own car accident case, but there are a number of factors to consider before making that decision.

If you decide to handle your own car accident case and you are not able to reach a settlement with the insurance company, then you will have to argue your case in court. In Los Angeles County, you can file a personal injury case in small claims court yourself if you are not asking for more than $7500 in total damages. This figure is important because if you have to argue over either negligence or damages then you can only file in small claims court if the value of your case in less than $7500. If you are asking for more than that amount, then according to Los Angeles car accident attorney Emery Ledger, you are better off seeking the help of an experienced car accident attorney because you will have to file in Superior Court and the rules and procedures are considerably more complicated.

The first thing that you need to consider is whether fault, or negligence in legal terms, is clear. While you may feel that the accident was clearly the other person's fault, it may not be so clear in legal terms. If the other driver is claiming that you did something to contribute to the accident, then their insurance company may not be willing to admit fault. Additionally, if you contributed to the accident in any way, then the amount you are entitled to recover will be reduced by the percentage of your fault. This can become complicated rather quickly. It is also why the insurance company wants a statement from you - to determine if you contributed to the accident says Los Angeles car accident attorney Emery Ledger. If negligence is clear, then you may be able to proceed with your car accident case on your own.

If you have determined that the other driver was indeed 100% at fault, then you need to take a look at your damages. Damages can be economic or non-economic. Economic damages are things like medical bills and lost wages. Non-economic damages are what most people think of as "pain and suffering". Non-economic damages are much harder to determine and are very subjective in nature. They are basically what you believe they are worth and can convince the insurance adjuster, judge or jury that they are worth. Even economic damages can be open to negotiation. If you have an injury that may require treatment or medical care in the future, then the bills associated with that injury can be debatable. Los Angeles car accident attorney Emery Ledger's says that the extent of your injuries can be a huge factor in determining whether you should handle your own car accident case. For a minor fender bender where you weren't really injured and your vehicle suffered very little damage, you may be able to negotiate your own settlement. On the other hand, if you were more seriously injured, or the insurance company doesn't want to accept your damage estimates, then you are better off seeking the help of an experienced Los Angeles car accident attorney.
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