Personal Injury Claims: What Needs To Happen
File a Claim: Although your attorney’s trial skills are an important asset, most attorneys do not spend the majority of their time in court. In fact, a properly handled case should settle without the need to ever file an actual lawsuit. However, there are those circumstances where insurance companies simply do not offer sufficient money to cover all your damages. In these circumstances, your injury attorney’s ability to successfully litigate a claim is critical. All of our personal injury lawyers are capable of filing a lawsuit and going to trial if necessary. More on this website
Advice: In many cases, a victim may have additional rights or more than one course of action available to them. In these circumstances, it is important to have an attorney who you trust. Car accident attorneys should provide you with sound advice. They should always put you and your family’s needs ahead of their own. You should feel confident your car wreck attorney has the sole purpose of putting you and your family on the road to recovery.
At the accident scene:
Remember, always take care of yourself and other injured victims immediately after the car accident. If you are injured, get to a local hospital. If someone else is hurt in the accident, make sure you call 911.
Second, never leave the scene of the accident. Your state may have laws making it a violation to leave the scene of an accident when there has been a personal injury or death and may also have a law making it a duty to render aid. Call the police or 911 and at a serious accident, insist that a police report be created. If the person who has hit you takes off (hit and run), do your best to write down their license plate information and any other identifying information available (make, model, type of car, etc.) but do not give chase or endanger yourself or others.
Third, if there are witnesses in the area, and if you are able, get their names and contact information which will be very helpful.
Fourth, try to document as much as possible including the police “incident report number,” badge numbers, and officers’ names. As your claim proceeds, towing and storage information, police reports, medical bills, receipts evidencing property damage, etc., become very important. Lastly, do not wait to seek legal representation!
After the dust settles…
Whether you need a visit to the hospital, a visit to your home, or an office meeting, all of our personal injury lawyers will, if requested by you to do so, meet and speak with you and your family anywhere and at any time to educate you on your rights. This initial consultation is free and at no charge to you. Simply asking for one of our car accident lawyers to meet with you does not create an obligation on your part to retain them or hire them. It is essential you know your rights and we urge you to speak with an attorney before you make any decisions on how to handle your car accident claim.
If our Car Accident Lawyers cannot settle your case without litigation, they must file a lawsuit. When they do this, they will file the lawsuit in a court that is “proper” to handle this type of personal injury claim. Some of the courts available are the below courts:
A federal court may also be an option for your Auto Accident
Under certain circumstances, your personal injury lawyer may have to choose a Federal court to file your lawsuit. Sometimes, your car accident case must be filed in federal court.
Hiring a Car Accident Lawyer – Contingency Fee Contract
Contact a car accident attorney promptly. Our personal injury lawyers usually represent all clients with what is commonly referred to as a “Contingency Fee” agreement. Generally, a contingency fee injury contract means “no fee if no recovery.” There is some variance in personal injury contingency fee contracts from state to state and from lawyer to lawyer. Specifically, whether or not the client remains responsible for the expenses associated with an injury claim, regardless of any monies being recovered, may vary depending upon state law. There are usually ethical requirements in each state governing these issues. Basically, the accident lawyer receives a percentage of your recovery when the case settles or is otherwise concluded. The advantages of an injury contingent fee contract cannot be understated. There are lawyers who charge by the hour and, usually, it would be economically impossible for you to pay their hourly rate. A no-fee, no-recovery agreement makes it possible to retain excellent representation without money being paid “upfront” by you. Contact an experienced car accident contingency fee lawyer to understand what your state requires.
Your timeline for filing a lawsuit, or, in some cases, just making a claim, is definitely governed by a statute. In some instances, if your claim is against the City or some governmental unit thereof, or the state, there are even more specific time constraints. This is one very important reason why you should immediately reach out to car crash lawyers. This time limit is called the “statute of limitations”. Moreover, as time goes on, critical evidence may become more difficult or impossible to gather. For example, a witness’s memory may begin to fade, documentation and records can potentially be lost, and other critical evidence can begin to spoil or wane away. An aggressive automobile accident attorney will make sure this evidence is preserved.
Obtaining Quality Care and Documenting Your Car Accident Injuries
Your car accident attorney will assist you in getting complete medical care. Debilitating Injuries are expensive, and they often require a significant change in the victim’s lifestyle. For example, injuries resulting in paralysis require modifications to the home, medical apparatus’ (wheelchairs, etc.), and other changes to make living a life with dignity a reality. Here are some of the common injuries people suffer after a car accident injury:
Traumatic Head Injuries (TBI)
Wrongful Death, or fatality, of a Family Member
Back Pain or herniated disks
Neck Injuries, Muscle Strain, or Whiplash
Mental Anguish and/or Psychological Injuries that occur in head trauma injuries, e.g., recurring nightmares, loss of short-term memory, personality changes, irritableness, etc.
Pain and Suffering
Your automobile accident attorney will make sure that, whatever combination of the above injuries you have suffered, your accident injuries are properly treated by the appropriate physician. In obtaining medical care there are, of course, medical expenses. Soaring medical costs can cripple a family financially. These days, it is not uncommon for a single day in the Hospital ER to cost upwards of $5,000 or more. Your car accident lawyer will have to prove these expenses are the result of the car wreck.
Medical expenses are generally divided into two categories: short-term medical expenses and long-term medical expenses:
Short-term medical expenses are those costs that occur right after and as a result of a car accident. These costs include ambulance fees, emergency room expenses, and expenses from follow-up care that occur in the immediate few months after the initial injury.
Long-term medical expenses are those reasonable and necessary costs associated with medical treatment of the injury over the course of a year or more. Examples include costs related to corrective surgeries, physical therapy, mental health treatments, drugs, and prosthesis changes that occur as a result of the initial injury.
An experienced car accident attorney will prove all these medical expenses through competent medical testimony or other expert testimony. These expenses often require the use of expert testimony to prove in a court of law.
Representing you for alleged traffic violations
There is a difference between being cited for a traffic violation at the scene of an accident and actually being negligent and proximately causing an accident. At the scene, an officer has to make a split decision on who, if anyone, is to receive a traffic ticket. He or she tries their best, but clearly being issued a ticket does not necessarily mean you were the negligent party. How the ticket is handled can be very important on the success of a later asserted injury claim as well as revocation of your license, or even a discharge of employment. A competent car crash lawyer will know how to advise you on handling any tickets you may have received.
The Road to Recovery After You Experience an Accident
Contact a car accident lawyer to go over your case. The road to recovery is different for everyone. Your specific injuries will need to be addressed on an individual basis. Do not get stuck with the bill for those medical expenses, property damages, and all other bills resulting from another person’s negligence. Find a car accident attorney today.
Our Car Accident Attorneys are experienced in handling serious injury auto collision cases and can help you fight to get the compensation you deserve. Contact a Car Accident Lawyer today for a FREE INITIAL CONSULTATION.