The National Highway Traffic Safety Administration reported 38,824 deaths from motor vehicle accidents in 2020, and an estimated 4.8 million people were injured.
Motor vehicle crashes are a leading cause of injury and death worldwide. Factors such as speed, alcohol and drug use, and driver distraction can increase the likelihood of a crash.
Paul Hoybjerg is an experienced attorney with a personable approach to the circumstances surrounding his client's auto accidents. He’ll help you receive a fair settlement – if you don’t win, you don’t pay.
What Is A Personal Injury Lawsuit?
In broad terms, an injured person can file a claim against the party who allegedly caused the injury through negligence. The lawsuit allows you to seek compensation, such as lost wages, medical bills/medical costs from medical treatment, and other pain and suffering costs.
If you believe your auto accident case is worth more than the insurance company offers, and the company's representative indicates it's unlikely the offer will increase during injury settlement negotiations, then you must take advantage of Hoybjerg Law's free initial consultation.
California's personal injury statute of limitations is two years, meaning if you or your loved one continues to suffer from injuries sustained during a car accident, you can file a lawsuit.
Do not cash a check or sign paperwork related to the injuries sustained in your car crash without legal guidance. Doing so may limit your ability to seek legal recourse.
Our personal injury attorney, Paul Hoybjerg, can help you determine your lawsuit's scope and options when you meet with him.
Hoybjerg Law Firm's Process
Overview of the Car Accident Settlement Process
Paul Hoybjerg is an experienced car accident attorney representing car accident claims with common injuries, severe injuries, or wrongful death.
While each car accident lawsuit is different, our car accident lawyers follow a proven legal process to achieve results.
1. Free Initial Consultation
The aftermath of a car crash can be disorienting, with insurance companies rushing you to settle, especially if you or a loved one suffered a severe injury. Our free consultation will allow you to get to know our law firm, and we'll listen to your concerns and answer your questions. Our philosophy is that if we don't win, you don't pay, and that's reflected in our free consultation.
2. Investigate The Accident
We obtain the police report about your accident, examine photos and videos from the crash scene where the accident happened, and speak to relevant witnesses. When we have established liability, we begin to build your personal injury claim.
3. Build Your Claim
We want you to receive the care you need to live your life as close to how you did before the car accident. When there is nothing more doctors can do, we help you gather your medical records, medical bills, and other medical expenses incurred. It's important to seek us out as early as possible so that you receive treatment and build your claim before the two-year statute of limitations to file a personal injury lawsuit.
4. Negotiate A Settlement
We will send out a demand package - a collection of all the medical bills and documents that illustrate your injuries, wage loss, etc., since the car accident - to the at-fault party's insurance company. Paul Hoybjerg and his team will negotiate in your best interest to ensure you receive a fair offer.
5. Litigate Your Case
While we hope to settle, there are times when your auto accident claim must go to court. Our team will aggressively represent you and pursue an outcome in your best interest.
Frequently Asked Questions
About Car Accident Claims
To recover damages in a personal injury case in California, you need to prove negligence:
- The defendant owed the plaintiff a duty of care. Duty of care is the legal obligation for people to use reasonable care to avoid injuring others.
- The defendant breached such duty through negligence.
- The defendant's negligence was a substantial factor in the harm caused. The substantial factor test is a legal principle used to determine if someone else's conduct was the proximate cause of the injury.
A person is negligent when they fail to act the way a reasonably careful person would in the same situation.
Call 9-1-1 immediately to report the collision to the police or the California Highway Patrol (CHP). Talk to everyone in your vehicle to assess any injuries and inform the 9-1-1 operator while you report the accident.
According to California state law, you must move your vehicle off the street or highway if no one is injured or killed. If you do not move your vehicle or have it removed, police may have your vehicle removed or impounded.
If a drunk driver has hit you, it is essential that you call 9-1-1 immediately and alert the operator to your suspicion, as the evidence collected by officers at the scene will be necessary for your car accident case.
Do not admit fault. While apologizing to the other driver or accepting blame, entirely or partially, may seem polite or instinctual, admitting fault will seriously impact your ability to file a claim.
Many factors can contribute to car accidents, but some common causes include the following:
- Distracted driving: Using a cell phone, eating, drinking, or engaging in other activities while driving can take a driver's attention away from the road and increase the risk of a crash.
- Speeding: Driving at high speeds increases the likelihood of a crash and makes it more difficult to control the vehicle.
- Impaired driving: Driving under the influence of alcohol or drugs slows reaction times and impairs judgment, making it more likely that a crash will occur.
- Fatigue: Driving while tired can slow reaction times and impair judgment, making it more likely that a crash will occur.
- Weather: Poor weather conditions such as rain, fog, or snow can make it more difficult to see and make it harder to control the vehicle.
- Poor road conditions: Poorly maintained roads, construction, and debris on the road can also contribute to car accidents.
- Reckless or aggressive driving: This includes tailgating, cutting off other drivers, and running red lights, which can lead to accidents.
- Lack of proper maintenance: Not properly maintained cars can have mechanical failures, which can lead to accidents.
It's important to be aware of these common causes of car accidents and take steps to avoid them, such as avoiding distractions, driving at safe speeds, and avoiding impairment, to reduce the risk of accidents and injuries.
Most personal injury attorneys work for big law firms based in Los Angeles or the Bay Area. Paul Hoybjerg and his team live in the area they represent, ensuring Hoybjerg Law clients have a local advocate to negotiate with their own insurance company and the other party's insurance company to reach a fair settlement.