A car accident can change your life forever. We are used to using our cars on a daily basis for work, recreation, and errands, and often forget how powerful and dangerous they can be. The consequences of your accident can last for a lifetime, including an inability to work, permanently decreased quality of life, and medical bills. If you have lost a loved one, the impact on your family may be catastrophic, and may never heal. When you are not at fault for the accident, you should not have to bear the full cost of the accident.
An experienced car accident claims attorney can help make those responsible for the accident pay their share of the cost. Please contact AccidentAttorneys.org today to find an experienced car accident attorney in your area.
Do You Need a Car Accident Attorney?
With hundreds of thousands of car accidents occurring every year, you may think that car accidents are routine, and do not require the help of an attorney. However, nothing could be further from the truth.
Because so many car accidents occur every year, the most invested professional agents involved, the representatives of the insurance companies, are well-practiced at handling the outcome. Without the help of an equally experienced person looking out for your interests, you may find that you are unable to get the compensation you need to make up for lost wages, medical bills, and other expenses.
Learn about Choosing your car accident lawyer.
Handling Insurance Companies after an Accident
The biggest obstacle in most car accident claims is overcoming resistance by the insurance company to paying your expenses. Paying claims reduces profits for insurance companies, so they will often look for ways to reduce their payment to you. Some of these ways may seem legitimate, while others are definitely suspect, but in all cases an experienced attorney can help you avoid damaging your case so you can get maximum compensation.
When your insurance company contacts you for additional information about an accident, refer them to the accident report. Do not give more information, which can only be used against you. You may also want to contact a lawyer at this point so you can have an experienced person dealing with the insurance company. You should also have a lawyer look over any settlement offer to ensure that you are getting a fair offer from the insurance company.
Learn What to do after a car accident to protect your rights.
Compensation in Car Accident Claims
After a car accident, an experienced attorney should be able to get you compensation that reflects the full impact of your accident. This includes:
- Lost wages
- Diminished earning ability
- Past, current, and expected medical bills
- Disability
- Diminished quality of life
The compensation available in your case depends on the type and severity of personal injury suffered. Different compensation is available in wrongful death lawsuits.
Car Accidents Frequently Asked Questions
The Insurance Company Has Offered Me Money. Should I Take It?
Not without talking to an experienced car accident attorney first. Insurance companies are notorious for denying, delaying and underpaying claims. If an insurance company is offering you money for your claim, chances are, you should be getting far more. If you accept the offer, you sign away your right to pursue more compensation later when you discover that the money they paid you is not nearly enough to cover the lifetime costs of your injuries.
Is There Any Way for Me to Get Paid for My Injuries if the Other Driver Was Uninsured?
Quite possibly. You may be able to recover compensation from your own insurance company or from a liable third-party.
You may have medical payments, personal injury protection (PIP), and/or uninsured motorist (UM) coverage through your own insurance company or through a family member in your household. Medical payment (Med Pay) and PIP are similar, in that both cover you and your passengers, no matter who was at fault for the accident, but Med Pay only pays for medical and funeral expenses where PIP typically pays for more expanded medical services, lost income and some other expenses. UM covers you when the at-fault driver was uninsured.
If your accident or your injuries were caused by a defective vehicle or defective roadway, you will be seeking compensation from someone other than the other driver, such as the manufacturer of the defective vehicle or government agency responsible for maintaining the roadway.
What if I was Partly to Blame for My Accident?
That depends on your state.
If you live in a contributory negligence state, you are barred from recovering compensation if you are found to be even 1% at fault for your accident. Only four states and the District of Columbia still allow the contributory negligence defense.
The remaining states use comparative fault. In pure comparative fault states, you can recover compensation even if you were 99% to blame for your accident. In states that use modified comparative negligence, there is a threshold of either 50% or 51%. As long as your portion of blame is below that threshold, you are allowed to recover compensation. The exception is South Dakota which has set the threshold at “slight” negligence.
In comparative negligence states the damages you can recover are reduced by your portion of blame. So, if your damages are $100,000 and you were 10% to blame, you would only receive $90,000.
Can I Recover Compensation if I wasn’t Wearing a Seatbelt?
Yes. It may or may not affect how much you can recover, depending on your state. Failure to wear a seat belt does not cause accidents.
More than half of all states prohibit seatbelt non-use from being used against car accident victims and some actually bar any mention of seatbelt use or non-use so that the jury will not be influenced by the information.
Some states will allow seatbelt non-use to be used against you in reducing your damages, and some of those states limit the amount that damages can be reduced for seatbelt non-use.
For help finding a nearby car accident claims attorney with the experience to handle your claim, please contact AccidentAttorneys.org.
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