Dedicated to the pursuit of justice

Car Accident Lawsuit in San Diego

According to crash data from 2021 from the National Highway Traffic Safety Administration (NHTSA),  2.5 million people were injured in motor vehicle accidents across the U.S. in one year. Most people will be involved in at least one or more car accidents. Safe, responsible drivers who take every precaution may be unable to avoid negligent motorists who cause serious accidents resulting in injuries and property damage. 

Fortunately, legal remedies are available. Contact us at CaseyGerry for a free consultation. We are a leading personal injury law firm in San Diego specializing in car accident lawsuits with a proven track record of getting maximum compensation for our clients.

Should I Sue After Being in a Car Accident? 

If you are involved in a car accident, you may wonder if it makes sense to sue the other driver. Were you seriously injured? Is your vehicle damaged? Are you able to work during your recovery? Is your condition chronic or permanently disabling? Medical bills, auto repairs, and other accident-related expenses add up quickly. You should not have to pay if you did not cause the accident.  

A lawsuit is an effective way to recover these damages so that you can focus on healing after a serious auto accident.  

The Benefits of Legal Action

Many victims decide not to sue because they want to put the traumatic event behind them. However, they may not realize the potential long-term impact of car accident injuries, emotional distress, and lost income. For example, it is common for accident survivors to develop delayed-onset injuries in the days and weeks following the accident. Some also experience post-traumatic stress disorder that affects work, sleep, relationships, and overall quality of life. 

A free consultation with a San Diego car accident attorney will help you make an informed decision about the best way to proceed.

Factors to Consider Before Suing

Every car accident case is unique, and your legal team will review the following issues:


California is a comparative negligence jurisdiction that allows accident victims to recover damages proportionally based on their percentage of fault. In our investigation, we will work hard to ensure that fault is accurately and fairly assessed. 

Negotiating with Insurance Companies

Depending on the extent of your losses, your attorney may try to negotiate a settlement with the insurance company. However, we will take the case to trial if they do not offer a fair amount.  

The Severity of Your Injuries 

Legal action is generally advisable in serious accidents resulting in permanent disability, disfigurement, loss of earning capacity, and severe emotional distress.

Financial Implications of Legal Action

Because litigation is costly, choosing a firm like CaseyGerry is smart because we work on a contingency basis. In addition, our San Diego trial lawyers leverage our considerable resources to fight for the maximum amount for your damages. 

Importance of Hiring an Experienced Car Accident Lawyer 

The firm you choose to oversee your car accident claim may impact your outcome. Our San Diego car accident attorneys at CaseyGerry bring 75 years of experience to your case. With skill and determination, we handle every aspect of your car accident lawsuit, including: 

  • Clarifying your legal rights: Enabling you to make practical decisions about your case based on California law.
  • Negotiating on your behalf: Advocating for your interests with insurance companies and the defense attorney of the at-fault driver.
  • Gathering evidence to build a strong case: Working tirelessly to build a compelling case to improve the likelihood of a good outcome.
  • Handling legal procedures and deadlines: Managing administrative and legal details of the claim process so you can focus on your physical and emotional recovery.  
  • Maximizing settlement amounts: Diligently fighting for fair and reasonable compensation that accurately reflects your losses 

Car Accident Lawsuit Process

If you decide to sue, here is an overview of what to expect from the personal injury claim process: 

First, your attorney gathers all the evidence and facts necessary to prepare a complaint. This process takes time, especially if the defendant is hard to locate or there is confusion about the details of your accident. It is essential to act quickly to ensure it is filed within the statute of limitations. 

From there, you, as the plaintiff, file and serve the complaint. Typically, the defendant has approximately a month to answer. They may list a defense or even file a counterclaim. Next is the discovery process, where both sides exchange information about the case. Many cases settle at this point, especially when the evidence is clear and compelling. If the defendant’s insurance company does not offer a fair amount, the case goes to trial, and a verdict is reached. 

Statute of Limitations in San Diego, California

Car accident victims have two years to sue based on bodily injury. Plaintiffs who sue based on property damage have three years. In rare cases, the statute of limitations can be extended, e.g., if the defendant is imprisoned or cannot be located. Once the statute of limitations has expired, your claim will likely be dismissed.  

Potential Compensation in Car Accident Lawsuits

Compensation for car accident lawsuits is classified in two ways: economic and non-economic damages. 

Economic damages are measurable monetary losses easily quantified by receipts, invoices, and other documentation. They include hospitalization, physical therapy, medical devices such as a walker or a wheelchair, prescription or over-the-counter drugs, and transportation costs. 

Non-economic damages are subjective, non-monetary losses. While these damages cannot be measured by adding up bills and receipts, they are just as significant. They include physical pain and suffering, emotional distress, disfigurement, disability, and the loss of enjoyment of life are some examples of non-economic damages that may be available. 

Contact Us at CaseyGerry for a Free Consultation

We believe in individual and corporate responsibility and understand that most legal matters related to personal injury are extremely sensitive. That is why compassionate and confidential caring for our clients and their causes has been a hallmark of our law firm since 1947. If you have been injured in a collision with a negligent driver, please get in touch with us today to arrange a complimentary case review. Since we work on a contingency basis, there are no upfront legal fees.

Free Consultation

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