Escondido Car Accident Lawyer: Answers to Your Most Common Questions

We may be able to help. For more than 25 years, Walton Law Firm has represented Escondido residents in car accident and personal injury cases. Attorney Randy Walton lives in North County and knows the local roads, courts, and community. As an experienced Escondido car accident lawyer, he advocates aggressively for injured people. He handles the insurance companies for his clients and takes cases to court when necessary. Above all, our goal is to protect your rights. [Read what our clients have to say.]

Most people who call us have never been through an injury claim before. They are often frustrated with the process and want someone else to handle the legal side so they can focus on healing. The answers below cover the questions we hear most often about the process, timing, and cost. They are a starting point for a conversation and do not replace advice about your specific situation.

If you can, call 911, get medical attention, and exchange information with the other driver. Photograph the vehicles, the scene, and your injuries, and collect contact details from any witnesses. See a doctor even if you feel fine, because some injuries don't cause symptoms right away. Before you give a recorded statement or accept a settlement, talk to an attorney.

You will need to report the accident to your own insurer, but be careful with the other driver's adjuster. Their job is to keep the company's payout as low as possible, and things you say early on can be used to reduce your claim. An Escondido car accident lawyer can handle these conversations for you.

If someone else's carelessness caused or contributed to your crash, you may be able to use the legal system to recover for your losses. A lawsuit begins with a complaint filed in court. The complaint describes what happened and asks for compensation. If the case doesn't resolve, it may go to trial. At trial, each side presents evidence and a judge or jury decides the outcome.

A lawsuit is always an option, but it isn't automatic. Most car accident claims are resolved without one. Our attorneys usually negotiate with the insurance company to reach a fair settlement, which avoids the expense and delay of a trial. We still keep the option of a lawsuit open in case a fair offer isn't made.

In California, you generally have two years from the date of the accident to file a personal injury lawsuit. Claims against a government entity, such as a city or county, have much shorter deadlines. Usually you must file an administrative claim within six months. For injured minors, the deadline may be longer. Missing a deadline can end your case, so speak with a car accident attorney in Escondido as soon as possible.

California follows a "pure comparative fault" rule. You can still recover damages even if you share some responsibility for the crash, but your award is reduced by your percentage of fault. For example, if you were found 20% at fault, you could still recover 80% of your damages.

Damages generally fall into two categories:

[Learn more about "pain and suffering."]

Every case is different. Many claims settle without a lawsuit, and some of those are resolved within three to four months, though not always. If a lawsuit becomes necessary, the case often takes a year or more.

Your first consultation is free and confidential. We handle car accident cases on a contingency fee basis, so you pay no attorney fees unless we recover compensation for you.

Walton Law Firm is honored to have helped many people in the Escondido area through the legal process after an injury-causing car accident. We handle every type of motor vehicle case, from minor injuries to catastrophic injuries and wrongful death. As a local Escondido auto accident lawyer, Randy Walton gives every client personal attention. We understand how important it is for each person affected by an accident to get the recovery they deserve.

If you have more questions, call us for a free, private consultation at 760-571-5500, or leave us an online message at any time.