1. What do I do after a car accident?
There are several things you should do after a car accident to better protect yourself. First, remain calm and contact the police. It helps to file a police report that can be referenced later for insurance purposes and potential compensation for damages. Gather information related to the accident. This should include photographs of the scene; driver and insurance information from others involved, and contact information from witnesses. Finally, avoid admitting fault, even if you believe you did something wrong.
2. What happens if I am partially at fault for an accident?
Very few accidents are cut and dry when it comes to determining fault, but this does not mean you should not speak to an attorney about a personal injury claim. In some cases, a special formula is used to determine how much fault bars you from seeking damages. For instance, if you are 51 percent or more responsible for your accident, you might not be entitled to compensation. But for those 50 percent or less responsible, damages could be an option.
3. How long do I have to file an injury claim after a car accident?
The length of time you have to file an injury claim after an accident is known as the statute of limitations. It varies from state to state and insurance provider to insurance provider, but in most personal injury cases claims must be filed within two years. Property damage claims must be filed within three years. The time sensitivity of an accident claim is one of the main reasons it is important to speak to a personal injury attorney as soon as possible.
4. What damages can I recover in connection with my car accident injury claim?
If you have been involved in a car accident, you might be eligible to recover damages in connection with the incident. Damages can include compensation for medical bills, long-term medical care and medical supplies, lost wages, and pain and suffering. If you lost a loved one in a car accident, you could be entitled to wrongful death compensation. Every case is different and laws vary from state to state, so it is important to speak to an experienced personal injury attorney to determine what might be recoverable in your case.
5. How is fault determined in an auto collision?
Determining who is at fault in a car accident is crucial, but it can be difficult. Fault is proven by evidence, which can include photos of the accident, eyewitness testimony, and police reports. The order of the vehicles involved, the status of traffic lights or signs, driving laws, and the location of an accident could all play a role. This is why it is so important to act quickly after an accident, gather fresh information from eye witnesses, and reach out to resources that can provide factual information.
6. What is bodily injury coverage?
Bodily injury coverage, which is sometimes referred to as BI, is a type of insurance coverage that compensates an injured party for bodily injury when they are not specifically covered on the insurance policy. For instance, bodily injury coverage would pay medical expenses for people who are injured by a driver named in that insurance policy. It most often offers compensation to passengers and those driving vehicles that are struck by another driver.
7. What is negligence, and how does it play a role in my accident?
Negligence can be used to determine who is responsible for an accident. In most personal injury cases, negligence is based on whether one person was injured by another who had a “duty of care” that wasbreached. Duty of car is a legal term that implies someone has a responsibility to prevent harm to another. For instance, all drivers have a duty of car to not drive recklessly and put other people on the road at risk.
8. When should I speak with an attorney about my claim?
You should contact an attorney as soon as possible after you have been involved in an accident. Many personal injury attorneys are happy to visit with you in the hospital or your own home during your recovery to get the process moving as quickly as possible. Not only is there a statute of limitations on filing a claim, it is also a good idea to act fast so the facts of your case are fresh.
9. Should I accept what an insurance company tries to offer me?
Maybe eventually, but rarely is the initial offer you receive from the insurance company fair. Your best bet is to reach out to an experienced personal injury attorney for help negotiating a fair settlement. Rarely do personal injury cases go to trial, but there is usually an extended period of back-and-forth before a settlement is reached. It is important to make sure you are working with an expert who understands the facts of your case and is familiar with the usual tactics of insurance companies.
10. If my car is rear-ended, can I be found liable?
Yes, it is possible to be found liable if your car is rear-ended. However, it is rare because rear-end collisions are usually considered the fault of the driver in the rear. Liability is usually based on negligence, and in cases of rear-end collisions, you can be held liable if you were not driving a reasonably safe distance from the driver in front of you based on the road conditions.
Practice Areas
