Frequently Asked Questions
What should I do immediately after a car accident?
– Seek medical attention for any injuries.
– Call the police to report the accident.
– Gather information from the other driver(s) involved.
– Document the accident scene, including taking photos and collecting witness contact information.
– Notify your insurance company about the accident.
How soon after a car accident should I seek medical treatment?
– It’s important to seek medical attention as soon as possible after a car accident, even if you question the severity of your injuries. Some injuries, such as whiplash or internal bleeding, may not be immediately apparent but can worsen over time if left untreated.
What types of injuries are common in car accidents?
– Common car accident injuries include whiplash, concussions, broken bones, spinal cord injuries, traumatic brain injuries (TBIs), internal injuries, and soft tissue injuries.
How can I prove that my injuries were caused by the car accident?
– Medical records, diagnostic tests, and physician statements can help establish a causal link between your injuries and the car accident. Additionally, documentation of the accident scene and witness statements can support your claim.
Should I talk to the insurance company without a lawyer?
– It’s generally advisable to consult with a lawyer BEFORE speaking to the insurance company, especially if you’ve sustained significant injuries. Insurance adjusters may try to minimize your claim or pressure you into accepting a low settlement.
How long do I have to file a personal injury claim after a car accident?
– The statute of limitations for filing a personal injury claim varies by state but typically ranges from one to three years. It’s essential to consult with a Law Leaders member lawyer promptly to ensure compliance with the statute of limitations.
What damages can I recover in a car accident injury claim?
– You may be entitled to recover various damages, including medical expenses, lost wages, pain and suffering, property damage, and in cases of severe injury, future medical costs and loss of earning capacity.
What if the other driver doesn’t have insurance or is underinsured?
– You may still have options for compensation through your own uninsured/underinsured motorist coverage. A Law Leaders member experienced attorney can help you explore all available avenues for recovery.
Do I need to hire a lawyer if the insurance company offers a settlement?
– While you have the option to accept a settlement offer from the insurance company, it’s essential to have a lawyer review the offer to ensure it adequately compensates you for your injuries and damages. Insurance companies often offer low settlements initially to save money.
What if I was partially at fault for the car accident?
– Even if you were partially at fault, you may still be entitled to compensation under the principle of comparative negligence. Your final award may be reduced proportionally to your degree of fault.
How long does it take to resolve a car accident injury claim?
– The timeline for resolving a car accident injury claim varies depending on factors such as the complexity of the case, the severity of injuries, and the cooperation of the involved parties. Some cases settle relatively quickly, while others may take months or even years to reach a resolution.
Will I have to go to court for my car accident injury claim?
– Many car accident injury claims are resolved through negotiation and settlement without the need for litigation. However, if a fair settlement cannot be reached, your case may proceed to court. Your attorney will advocate for your rights and represent you in court proceedings if necessary.
How much does it cost to hire a car accident injury lawyer?
– Most car accident injury lawyers work on a contingency fee basis, meaning they only collect a fee if they successfully recover compensation for you. This fee is typically a percentage of the settlement or award obtained, and there are no upfront costs for hiring a lawyer.
What if the car accident aggravated a pre-existing injury?
– If the car accident exacerbated a pre-existing injury, you may still be eligible for compensation. However, proving the extent of the aggravation can be complex. A skilled and experienced car accident attorney can help gather medical evidence and demonstrate how the accident worsened your condition to pursue appropriate compensation.
Can I still recover damages if the at-fault driver fled the scene (hit-and-run)
– Yes, you may still be able to pursue compensation through your uninsured motorist coverage or other avenues, even if the at-fault driver fled the scene. Promptly reporting the hit-and-run to the police and your insurance company is crucial to preserving your rights.
What if I was a passenger injured in a car accident?
– As a passenger injured in a car accident, you have the right to seek compensation from the at-fault driver’s insurance company or other liable parties. Your claim would proceed similarly to that of a driver, focusing on proving liability and damages.
Should I accept the first settlement offer from the insurance company?
– It’s typically not advisable to accept the first settlement offer from the insurance company without consulting with an experienced auto injury attorney first. Initial settlement offers are often low and may not fully cover your losses. An attorney can evaluate the offer and negotiate for a more favorable outcome on your behalf.
What if the car accident was caused by a defective vehicle or component?
– If a defective vehicle or component contributed to the accident, you may have grounds for a product liability claim against the manufacturer, distributor, or seller of the defective product. These claims can be complex and may require expert testimony to establish liability and damages. An experienced car crash attorney can guide you through the process and pursue compensation for your injuries.
What if the car accident occurred while I was working?
– If the car accident occurred while you were working, you may be entitled to workers’ compensation benefits in addition to pursuing a personal injury claim. Workers’ compensation provides coverage for medical expenses and lost wages regardless of fault. However, you may also have a separate claim against any negligent parties responsible for the accident.
What if I don’t have health insurance to cover my medical expenses after a car accident?
– Even if you don’t have health insurance, you can still receive medical treatment for your injuries after a car accident. Your attorney can help you explore options for covering medical expenses, such as utilizing medical payment coverage under your auto insurance policy or arranging for medical providers to treat you on a lien basis, with payment deferred until your case is resolved.
Can I pursue a claim for emotional distress after a car accident?
– Yes, you may be able to pursue compensation for emotional distress resulting from a car accident, especially if you have experienced significant trauma, anxiety, or psychological symptoms as a result of the crash. Your attorney can help you assess the value of your emotional distress claim and advocate for fair compensation as part of your overall damages.