Accident & Injury Representatives

12/14/2021

Are You Entitled to Compensation for Your Car Accident?

After any kind of traffic accident, you're likely wondering whether you're in a good position to make a claim for injuries, vehicle damage, and other losses. Figuring out whether or not you have a viable path to a monetary recovery starts with understanding the kinds of issues that often make or break a car accident case.

Is the Lawsuit Filing Window Still Open?

If your car accident happened a few weeks or a few months ago, your right to go to court and file a lawsuit over the crash isn't going to be an issue. But if a year or more has passed since the crash, it's important to figure out how your state's statute of limitations applies to your potential claim. These laws set firm time limits on your right to file a lawsuit. In most states the deadline is 2 years or 3 years from the date of the accident, but a few states follow a 1-year time limit. Miss the filing deadline, and your right to take your case to court is lost for good, unless a rare exception applies to extend the time limit.

Most car accident cases settle out of court, often without a lawsuit ever being filed. But if you've lost the option of filing a lawsuit, and the other side (the at-fault driver's insurance company, for example) knows that, you've also lost almost all your negotiation leverage when it's time to talk settlement. Learn more about how the statute of limitations works in personal injury cases.

Who Was at Fault for the Car Accident?

This is a crucial question, but getting a definitive answer is rarely easy (except in rear-end accident cases). Insurance companies and attorneys typically look first at any police report generated after the accident, and then to the statements of any locatable witnesses who are willing to help. Accident scene photos, the nature and extent of vehicle damage, and even area surveillance video can all come into play. When the fault story can't be pieced together with much more than the conflicting accounts of the drivers involved in the crash, a car accident claim is still possible, but there are certain to be challenges. Get details on proving fault for a car accident.

Were Your Injuries and Other Losses Significant?

If you were involved in a car accident but walked away without any injuries, consider yourself lucky (while keeping in mind that car accident injuries don't always show up right away). If the insurance company comes to the table with a settlement offer that covers your vehicle damage and any inconvenience you've experienced, it probably isn't worth your (or a lawyer's) time and effort to pursue the matter.

But if your car accident left you with serious injuries (like a head injury, a broken bone, or any injury that keeps you from going back to work), and you want reimbursement for medical expenses if nothing else, that adds to economic losses and other categories of harm, including "pain and suffering." If you're in this situation, it probably makes sense to talk with an attorney about your legal options. Learn more about car accident injuries and how "pain and suffering" works in a car accident case.

On the vehicle damage side, your car emerging from the accident with just a small dent or two paints a very different picture than if the vehicle was deemed a total loss. Significant vehicle damage often correlates with significant injuries, and can lead an insurance company (or a lawyer) to take your claim more seriously.

Is There Insurance to Cover Your Claim?

No matter the specifics of your car accident, one of the most important factors in assessing the viability of a claim is whether there's an insurance policy in place that would cover your losses. Is the at-fault driver insured? Does that policy include enough coverage to pay for your medical bills, lost income, vehicle damage, and other harm resulting from the crash? If so, your case might stand a better chance of success.

On the other hand, it might be obvious that the other driver was at fault, and if you take the case to court you might stand a great chance of winning, but if that driver is uninsured, collecting any money is going to be an uphill battle. Learn more about the role of insurance in a car accident case.

Do You Have an Attorney?

If your injuries are minimal and the other side is offering a fair settlement, it's possible to handle a car accident claim yourself. But if your injuries are anything more than minor, or the process looks like it might get contentious (as it often does), it makes sense to discuss your situation with an attorney. That way you can ensure that your rights are protected and get the most out of your case. In fact, our survey of readers with personal injury claims showed that those who hired lawyers typically received about three times as much compensation as unrepresented readers (even after deducting the lawyers' fees from the settlements or awards). Learn how an attorney can help with a car accident claim.

12/14/2021

How Long Do I Have to Report a Car Accident?

In most states, the statute of limitations for accidents that result in bodily injury and/or damage to personal property is two years from the date of the accident. This means that if you attempt to bring a claim against another driver after two years, your case will likely be dismissed.

12/14/2021

WHAT DO YOU DO AFTER A CAR ACCIDENT?

Car accidents, even just fender benders, are an unfortunate fact of life. Even though fewer cars are on the road during the pandemic—16% fewer according to Zendrive, a smartphone-based driving analytics app provider—drivers might be more distracted. Phone use while driving was up 38% after lockd...

12/14/2021

More than 2.5 million people get injured in car accidents every year.

Most of these injuries are severe and may require expensive medical treatments.

Sadly, most insurance providers offer minimal settlements that don’t cover the full expenses resulting from car accidents. One of the major reasons why most people don’t get adequate compensation is the lack of knowledge of the legal processes required.

If you have a similar problem, our accident attorneys have compiled a list of what to do here:

1. Seek Medical Attention

If you’ve been involved in an accident, check for any injuries and notify your doctor as soon as possible. Your doctor will determine the severity of your injuries.

At times, the injuries from an accident don’t show up immediately, and failure to get medical attention may result in further complications.

If you’re considering making an injury claim, don’t wait too long to see the doctor.

2. Protect Evidence at the Scene

To get compensation for injuries resulting from the accident, you’ll have to prove you were actually hurt during the accident. This means you should document everything to help you win the claim.

As soon as you’re able to, start taking photos of the accident site. Focus on the vehicles involved, people involved, and conditions that may have contributed to the accident.

The photos of your injuries should show how they have affected your life afterward. This will be valuable to your attorney when filing for compensation. Additionally, remember to keep copies of your medical expenses as evidence of your injuries after a car accident.

3. Consider Contacting Your Insurer

You should contact your insurance company as soon as you can. Most insurers have policies regarding the period of time taken before they were contacted. If you fail to adhere to the time frame, your claim will be refuted.

On the other hand, if you’re contacted by the other party’s insurance company, you shouldn’t make any statements or accept any form of payment until you contact your attorney.

Ensure you’ve been fully evaluated by your doctor before signing any release of claims. Wait until all your injuries manifest to make a formal claim.

4. File a Police Report

If you’ve suffered significant physical injuries, you should call the police. The period for filing police reports vary from state to state. However, most police departments give a limit of 72 hours.

A police report will be valuable if you decide to file a claim with your insurers. You should ask for a police report to be filed and, if possible, obtain the responding officer’s badge.

5. Call Your Attorney

Dealing with insurers may be a daunting task since they’ll need proof of your injury from the accident. Insurance companies need evidence before engaging in any form of claim settlement negotiations.

Contacting an experienced attorney eases the burden of engaging in the process of fact-finding, collecting necessary documentation, and creating concise and detailed demands for claim settlement.

Call your lawyer early enough to give them time to build a case if/when it’s needed.

Seek Legal Help on What to Do After a Car Accident Injury

A car accident can be a dazing experience. Here's a checklist of what to do after a car accident injury to make sure everything is handled correctly.