Car Accident Lawyer

Car accidents can exact a great toll on a victim's life. The suffering they cause can be financial, physical, and emotional. 

If you endured a car accident as a result of another person's negligence, you deserve to be compensated.

The car accident lawyers at Landay Roberts have spent decades helping San Diego, CA, clients receive major compensation. 

Car Accident Compensation Can Be Substantial

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California, unlike some other states, places no limit on the amount of compensation that can be obtained in a personal injury or wrongful death case. This allows knowledgeable injury attorneys like ours to seek significant compensation for our clients. 

The standard form of compensation in a car accident case is compensatory damages. Compensatory damages are awarded to reimburse victims and their families for the losses they have suffered. Our San Diego car accident lawyers at Landay Roberts LLP can seek compensatory damages for the following and more:

  • Pain and Suffering
  • Property Damage
  • Medical Expenses
  • Lost Wages
  • Diminished Earning Capacity
  • Loss of Companionship
  • Burial Expenses
  • Funeral Costs

Our Accident Lawyers Can Pursue Punitive Damages

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In rare cases, our injury attorneys can also seek punitive damages. Punitive damages are awarded to punish the offending driver for egregious misbehavior like driving under the influence. In some lawsuits, punitive damages can rise beyond the total of all compensatory damages combined. 

You Can Win Your Case Even if You Made a Mistake

Some people who are entitled to compensation don't pursue an injury claim because they caused a portion of their accident. In our state, you can receive compensation even if you were partially responsible for the crash.

This is because California awards damages based on pure comparative negligence laws. In a car accident claim, compensation is distributed proportionally to each party based on how much each driver is found responsible by a judge or jury. 

For example, if you are found to be responsible for 20% of your crash, you can receive 80% of the total compensation. If you are found to be responsible for 40% of your crash, you may receive just 60% of the total damages. This system makes it imperative that you choose accident lawyers who can successfully prove the other party caused the vast majority of your crash.

Super Lawyers Is an Elite Distinction

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The Super Lawyers honor that each of our partners has earned for years is given to a maximum of 5% of attorneys in the entire state of California.

Landay Roberts Lawyers

Our Proven Representation Costs Nothing Unless We Win Your Car Accident Claim

Car accidents suddenly burden victims with monetary losses, physical injury, skyrocketing medical bills, and more. Under no circumstance will our car accident lawyers add more financial stressors to our clients.

We begin each case with a free consultation at our San Diego legal office. If we move forward with your case, we will represent you on a contingency basis. This arrangement means we only get paid if we win your case. To receive no-cost representation from proven attorneys, all you have to do is reach out to us. 

(619) 230-5712

Meet Our Partners

John K. Landay

John K. Landay

Mr. Landay has been practicing law since 2007. The first six years of his career were spent at a nationally known firm here in San Diego. His clients have included Fortune 500 business leaders and individuals who need representation in state or federal court. 

Malcolm B. Roberts

Malcolm B. Roberts

Mr. Roberts has been practicing law since 2006. He began his career handling complex legal matters for major firms. Mr. Roberts is a member of the American Association for Justice®, a long-running and nationally known trial lawyer advocacy organization. 

Our Attorneys Have Earned Honors for Many Years

Prior to becoming recognized Super Lawyers, both of our partners were named to the organization's Rising Stars list. This honor is reserved for a maximum of 2.5% of California's young attorneys.

We Hold Responsible Parties Accountable

Some crash victims do not pursue compensation for their physical harm, medical bills, and financial losses because they don't know who to sue. It can also be the case that there was no other driver at fault. 

The car accident lawyers at Landay Roberts LLP have an extensive background in identifying the causes of an accident and identifying the right party to file against. We work with industry experts to find out who harmed our client. For example, we can pursue a case against:

Other Drivers

Those who operate vehicles have a duty to do so safely. Speeding, failing to follow road signs, texting and driving, and driving under the influence can lead to car accidents. If another driver is to blame for your personal injuries, property damage, and other expenses, our car accident attorneys can help hold the at-fault driver accountable.

Manufacturers

Auto parts manufacturers have a responsibility to maintain safety throughout the design, manufacturing, and marketing of their products. Any failure to do so may make them liable in a product liability lawsuit. 

Government Entities

The government has a duty to maintain safe roadways. Our car accident lawyers can look into potential causes of your accident, such as dangerous potholes, a lack of safety signs, and more.

Understanding Wrongful Death

If your loved one passed from the injuries they sustained in a car accident, you can file a wrongful death claim. The compensation awarded in this kind of case can help cover funeral expenses, lost financial support, loss of companionship, and more. We know that financial compensation can't bring your loved one back, but we hope it can ease any financial burden you may be feeling since their passing.

The state of California reported 4,099 fatalities resulting from motor vehicle accidents in 2022.

Who Can File A Wrongful Death Case?

California law allows various parties to file a wrongful death case. Wrongful death cases are typically filed by the decedent's spouse, domestic partner, children, parents, or stepchildren. For example, a wrongful death lawsuit may be filed by a minor who had lived with the deceased for at least 180 days prior to their passing and was dependent on the decedent for at least half of their financial support. 

Our car accident attorneys are here to provide guidance from the moment you reach out to us. If you are unsure whether or not you have the standing to file a wrongful death lawsuit, our personal injury lawyers can discuss your unique situation. 

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Time May Be Running Out

Statute of limitations laws set strict deadlines for when lawsuits must be filed by. A victim who fails to meet their given deadline likely loses their ability to receive compensation. 

Personal Injury

The deadline for a personal injury lawsuit in California is two years from the date that the car accident occurred. 

Wrongful Death

Wrongful death lawsuits also have a two-year deadline. However, the ticking clock in these cases begins on the date of the decedent's passing. 

Accidents Involving Government Vehicles
Have Shorter Deadlines

Your deadline to file is significantly shorter if the other driver involved in your crash was operating a government vehicle. If this applies to you, you only have six months to file your personal injury administrative claim.

Don't Wait Contact Our Attorneys

Our personal injury lawyers can clarify confusing deadline issues and make sure your lawsuit is filed on time. Talking to us costs you nothing. Failing to reach out could mean permanently losing the chance to be compensated for your crash. Call (619) 230-5712 or write to speak with us. 

How You Can Help Our Attorneys

Many clients are encouraged to know there are multiple actions they can take to improve their chances of success in their case. These include:

Make Sure to Save Evidence

Hard evidence is very difficult for the defense to brush away. Any photographs or videos you have of your accident or its aftermath could be key. If you do have any such evidence, duplicate it on multiple devices before sending it to our car accident attorneys. This ensures you will always have access to your footage even if a phone or computer gets lost or broken. 

Don't Speak with Insurance Reps

Anything you say about your crash could be used to minimize or dismiss your claim. Insurance company representatives frequently reach out to crash victims to try and obtain statements that can be taken out of context. The smartest thing you can do is stay silent about your accident and allow our San Diego car accident attorneys to speak for you. 

Seek Medical Care–Even if You Feel Fine

Car accidents are infamous for resulting in slowly developing injuries. While you may feel fine right now, the effects may become apparent days, weeks, or even months down the road. Seeking medical attention can help avoid many physical issues. Seeing a doctor also creates critical medical records. Failing to see a doctor can be construed as evidence you were not actually injured. 

Car Accident Lawyer FAQ

The driver who caused my accident is facing criminal charges. Do I need a lawyer?

Yes. If the at-fault driver in your accident was driving under the influence or is facing other criminal charges relating to the accident, you should still put a personal injury attorney on your side. While the criminal case may end with some damages being awarded to you, the best way to collect compensation to cover your losses is to consult a personal injury attorney.

Can I get a settlement without a lawyer?

While the at-fault driver's insurance may offer a settlement, car accident victims can give themselves the best chances of maximizing a settlement by putting a San Diego car accident lawyer on their side. Insurance companies are looking out for their bottom line and are likely to lowball you. Our attorneys can build a case proving the extent of your injuries and expenses to get you just compensation.

We Draw on Decades in Practice

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The partners at our firm have 35 years combined in practicing law. They also work with numerous other seasoned attorneys who are of counsel at Landay Roberts LLP.

Landay Roberts Lawyers

Landay Roberts LLP

At our core, we are problem solvers who are also lawyers. It's a pairing that allows us to bring the best results possible for plaintiffs and defendants in need of solutions. Our business litigation attorneys are admitted to practice before all the U.S. District Courts in California as well as state courts. Their honors and affiliations include:

  • American Bar Association
  • American Association for Justice
  • San Diego County Bar Association 
  • California Super Lawyers, 2020-2022
  • San Diego Business Journal - Best of the Bar, 2016-2017

As a boutique business litigation firm, we offer personalized service that is unmatched by larger firms. Request a consultation by contacting us or calling (619) 230-5712.

Contact Us Today

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