Unfortunately, car accidents are just a part of modern life that affects millions of people every year.
It can drastically change a person’s life because it often results in serious physical, emotional, and financial burdens.
That period after being involved in an accident can be so overwhelming and stressful, but understanding your legal rights in such a situation is very important if you want to be fairly compensated.
This guide will help you fully understand the laws around personal injury and how a personal injury lawyer can protect you if you are ever involved in a car accident.
What Makes a Car Accident Eligible for a Personal Injury Lawsuit?
A personal injury case is opened when someone is hurt because of another person’s negligence or wrongful actions.
So when it comes to car accidents, when would you be eligible to open a personal injury lawsuit?
Bodily Injuries:
Whiplash, fractures, traumatic brain injuries, spinal cord damage, and internal injuries.
Property Damage:
Repairs or replacement costs for your vehicle.
Emotional Distress:
Psychological trauma, anxiety, or PTSD because of the accident.
Lost Wages:
Compensation for income lost due to not being able to work during recovery.
Medical Expenses:
Costs related to emergency care, surgeries, physical therapy, and ongoing medical treatment.
Steps to Take Immediately After a Car Accident
Taking the right steps right after an accident can heavily impact your claim. Here are 3 things you’ll want to do immediately after:
Make sure everyone is safe and call 911:
If you’re able to, move to a safe area and call 911 to report the accident. For everyone’s safety, it’s best to get medical attention even if you seem fine because there might be internal injuries.
Gather evidence:
Do what you can personally to gather evidence. Take photos, talk to anyone who might have witnessed what happened, and once the police have written a report ask for a copy.
Get the other driver’s information:
Ask the other driver for their name, contact details, and insurance details.
How to Go Through the Process of Making a Personal Injury Claim
There are a few key steps involved in filing a personal injury claim.
First, you’ll need to file a claim by notifying the insurance company of the person at fault and provide them with all the necessary documentation.
Proving who caused the accident and that they were careless is a necessary step in personal injury cases. You need evidence to be able to prove this so you can use police reports, statements from witnesses, and opinions from experts.
You may run into some issues along the way. For example, insurance companies will often try to pay you less than what you are owed or dispute your claim.
Having the proper documentation and the help of a legal expert will make your case even stronger and help you navigate any obstacles.
How a Personal Injury Lawyer Helps After a Car Accident
Hiring an experienced personal injury lawyer to work on your case can make a huge difference.
What is their role?
- Strengthening your case: Attorneys will gather evidence, consult experts, and build a convincing case on your behalf.
- Negotiating with insurers: Insurance companies may try to settle for less. A lawyer will help you get the amount you’re owed.
- Be your legal representative: If you’re badly injured, wrongfully blamed for the accident, or your claim is denied, getting a lawyer is important.
What Not to Do in a Personal Injury Case
There are some common mistakes that you should avoid to help your case even further.
If you haven’t yet spoken to a lawyer, do not admit guilt or give insurance companies any recorded statements.
To get the case closed quickly, Insurers may offer you low settlements. Always have a lawyer review any settlement you are offered.
For both your well-being and to help your claim’s credibility, get medical immediately if it’s necessary. Your case would be weaker if you didn’t document any of your injuries.
Frequently Asked Questions
How long can you wait to file a claim?
There is a deadline, but it depends on the state. They usually give you between one to three years.
What happens if the driver at fault has no insurance?
You might still be able to get compensation from your uninsured motorist coverage. Another option is taking legal action and suing the driver.
Can you still get paid if you were partly to blame for the accident?
Yes, a lot of states will allow you to get compensation. But, depending on your fault, your payment might be reduced.
Protecting Your Rights After a Car Accident
If you unfortunately ever get into a car accident it is important that you understand your rights if you want to be fairly compensated.
If you follow the correct process and hire a legal professional to guide you through it you can protect yourself from financial struggles and make sure you get the justice you deserve.
For more information on legal rights after an accident, consider reaching out to a reliable attorney to learn about your legal options and get the compensation you’re owed.
William Gall is a seasoned attorney specializing in civil litigation and family law. With a legal career spanning over two decades, William has built a reputation for his meticulous attention to detail and his unwavering commitment to justice. In addition to practicing law, he is a prolific writer, contributing regularly to various legal blogs where he shares his insights on current legal trends, case law, and best practices. His articles are well-regarded in the legal community for their thorough research and practical advice, making complex legal concepts accessible to both legal professionals and the general public.