Auto Accident

Auto Accident Attorney

Getting into a car accident can be a frightening and devastating experience, especially if you have been injured. Let us help you get the settlement you deserve. We are here to answer your questions, fight for your rights, and help you get the justice you deserve. If you are in need of an auto accident attorney, Don’t wait – Call Us Today.

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Auto Accidents In United States

Auto accidents cause more than two million injuries and over 35,000 deaths every year in the United States. With the cost of medical expenses, loss of wages from inability to work and the price of repairing your damaged car. Motor vehicle accidents can cause a huge upheaval in your life. You may also have to deal with the devastating loss of a loved one, or a tough road forward in the case of significant personal injury. Without the help of an Attorney, someone else’s mistake can put you on the hook for millions of dollars in damages.

Many different terms are commonly used to describe vehicle collisions. Other common terms include auto accident, car accident, car crash, car smash, car wreck, motor vehicle collision (MVC), personal injury collision (PIC), road accident, road traffic accident (RTA), road traffic collision (RTC), and road traffic incident (RTI) as well as more unofficial terms including smash-up, pile-up, and fender bender.

Why You May Need to Hire Auto Accident Lawyer

If you’ve been involved in auto accident, you may need to hire auto accident lawyer. An experienced injury attorney can help you recover losses resulting from a motor vehicle accident and/or reduce the hefty amount of paperwork and hassle often associated with auto accident insurance claims.

Most personal injury claims in the United States are a result of an accident involving a car, truck, or other motor vehicle. Many of these accidents result in minor vehicle damage in the form of a “fender bender,” and can generally be handled alone through direct contact with an insurance company. However, auto accidents that involve physical injury, fatality, or other significant damage may warrant the legal representation of experienced counsel.

An experienced attorney can help you get compensation to cover any losses incurred due to the accident, such as medical expenses, lost wages, and car repairs. In some states, a car accident lawyer may help you recover when a loved one is killed, especially if reckless driving, speeding, distractions such as mobile phones or drunk-driving was involved.

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When to Hire Auto Accident Lawyer

It is best to hire auto accident attorney early to avoid any costly mistakes. The deadline for filing personal injury claims varies from state to state. Because you may need to pay for medical bills and/or cover lost wages, the sooner you contact an attorney the better. In general, a person should contact an attorney shortly after the accident occurs or within a week or two of the accident. But before reaching a settlement with the insurance company.

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Legal Fees: Overview

Most auto accident cases are handled on a contingency or “no win-no pay” basis. This means that if the attorney does not win or settle the case on your behalf, he or she does not collect a fee. On the other hand, if the attorney wins the case, they will get a percentage of the personal injury award. The attorney’s percentage varies from case to case, but can equal approximately one-third to 40 percent of the total award, with different limits imposed from state to state. It’s important to note that attorney fees are different from costs, and you may be responsible for certain out-of-pocket expenses associated with your case.

Ready to Hire Auto Accident Lawyer?

An auto accident lawyer can be invaluable to your claim and ability to be fairly compensated. Learn more about your legal options by speaking with an experienced auto accident attorney in your area. But before calling check out the list who qualifies.

Motor Vehicle Accident Qualifiers:

  • Injured in a car, truck or motorcycle accident.
  • Date of accident is less than two years.
  • The accident resulted in injury that resulted in hospitalization, medical treatment, surgery, missed work.
  • The accident happened with in the last 72 hours.
  • The accident was all or partially the fault of another party.
  • And finally if you are not represented by an attorney for this matter.
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Can I Handle My Own Car Crash Personal Injury Claims? Do I Specifically Need a Car Accident Attorney?

It is understandable for individuals to want to settle matters quickly and move on as soon as possible after a car crash. As a result, many people are tempted to try to take care of all issues—including legal issues—without getting help from a car accident attorney with a focus on personal injury claims.

Before proceeding on your own, it is crucial to understand the pitfalls of trying to handle your case without legal representation.

You can be sure that those representing the negligent party—usually an insurance company—will be investigators, adjusters, and lawyers working to pay out as little as possible. Insurance companies and their attorneys will often calculate the value of your claim based on how aggressive they feel the injured party will fight for full compensation. When you retain a car accident lawyer to fight for you, you are essentially ensuring that you will not be taken advantage of by the other side.

You should seek the help of an injury attorney with vast experience handling car accident cases that can stand up to insurance companies. If the other side is not cooperating and your case requires litigation, the attorney must be prepared to take the case to trial for full and fair recovery.

If the opposing side sees that you are willing to go as far as necessary to ensure justice, they will often deal more reasonably right from the start. Obtaining experienced legal counsel with a focus on car accident claims will show the defending insurance company that you are serious about your case.

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How Long Do I Have to File a Car Accident Claim?

The statute of limitations applies to every potential car accident lawsuit. Even if you hope to resolve your case through a negotiated settlement without the need for legal action, missing this deadline could prevent you from negotiating a settlement in your case—even if the facts are on your side.

The consequences of noncompliance with the statute of limitations are the same everywhere. If you wait too long to pursue your personal injury claim, you could miss out entirely on your chance for compensation. In addition, the law bars you from filing a lawsuit, which means the other side has no reason to negotiate a settlement in your case. While the time frame differs, the statute of limitations exists in every state in the country. To ensure that you protect your right to negotiate an insurance claim or pursue an injury lawsuit, let our firm advise you on the deadline that applies in your case.

Should I Accept the Insurance Company’s Settlement After My Auto Accident Injury?

Adjusters often come ready to make payments immediately to convince you to accept less than what you actually deserve. Typically, insurance agents’ settlement offers are less than 5% of the value of your car accident case!

For this reason, an insurance adjuster will contact you immediately after your car accident and may even visit you in the hospital after an auto accident injury to get information from you.

There is no reason to rush into accepting a settlement offer from an insurance company without first seeking the help of a personal injury lawyer. A lawyer can help you through your case to get you the highest compensation you deserve. Your lawyer will make sure that you never sign away your legal rights without being fully informed of the consequences.

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What Kind of Compensation Can I Get after A Car Crash?

The law allows recovery for a wide range of situations. A lawyer can help you get money for past medical bills, future medical bills, rehabilitation costs, therapy, lost wages, future lost income, and often most importantly, pain and suffering. Pain and suffering after a crash can include the loss of enjoyment of your life and the mental anxiety of dealing with pain, trauma, and/or a disability caused by a crash.

A car crash attorney may also help you obtain compensation for your family members who were adversely affected by the crash. Harm to spouses or children can often be recovered separately from the damages awarded to the injured individual. Your car accident attorney will explain whether damage awards to your spouse or children applies in your case.

What Is a PIP Claim and How Does It Work?

If you live in Delaware, Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Oregon, Pennsylvania, Texas, or Utah, you may be eligible to make a personal injury protection (PIP) claim following a car accident. PIP coverage and claims have to do with “no fault” car insurance, which means that your own insurer will pay a portion (or all of) of your medical bills and lost earnings if you get into an accident, regardless of who was at fault.

No fault car insurance is typically enacted by states as a way to streamline accident insurance claims. Every state’s law is different; some limit the amount of compensation that your insurance company is allowed to pay you, and some do not. Once your medical bills exceed your state’s no fault limit, it becomes your responsibility to pay the remaining balance. Understanding how PIP insurance can work for you after an accident can be confusing, and you should contact an attorney to help you navigate the process.

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What Are Some of the Main Causes of Car Crashes?

Car accidents can be caused by a number of factors. These can include driver negligence, reckless or intentional misconduct, and defective car parts such as airbags, seat belts, and lack of crashworthiness. Some of the most common causes are:

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Negligence

Driver Negligence is perhaps the number one cause of auto accidents. Negligence generally means that the driver who caused the accident did not exercise reasonable care under the circumstances on the road. The driver’s actions are compared to what a reasonable person would do under similar circumstances.

Examples of negligent driving include speeding, distracted driving (talking on a cell phone, texting, smoking, eating), carelessly ignoring traffic signals, or not taking conditions like rain or snow into account. There are many areas in which negligence can occur, but the common thread is that negligence is a failure to act reasonably under the circumstances.

Impaired Driving: Drugs, Alcohol and Fatigue

Drowsy driving and driving under the influence of drugs or alcohol are all impairments that heighten a person’s likelihood of getting into an auto accident. Of course, no one should drive if they feel they are impaired by medication or the use of recreational drugs.

In most states, auto accident injuries caused by drunk drivers could result in liability for the business or host who supplied the alcohol and allowed the patron to drive in an impaired condition. The rules related to these issues are often referred to as “dram shop” laws, and they are currently implemented in 38 states

Finally, a person should not be driving if they are feeling overly tired or did not get enough sleep. Lack of sleep can have the same effects on a person as being drunk, and. symptoms of drowsy driving include

  • Trouble keeping focus on the road,
  • Performing careless or thoughtless driving behaviors
  • Drifting in and out of lanes, and
  • Falling asleep behind the wheel.

For commercial drivers and truck drivers, it is federally mandated that workers take sufficient breaks between shifts to get enough sleep.

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Recklessness or Intentional Misconduct

Intentional misconduct, on the other hand, is an act committed when the person knew that doing so could cause harm and did not care, or actively desired to harm others. Someone who drives drunk or impaired, or at a high rate of speed, cutting in and out of traffic, is intentionally putting himself and others at risk.

Defective Auto Products

Under strict liability, a manufacturer of a product can be held liable for damages caused by its products if the product is shown to be defective. Defective car products can lead to dangers on the road for the driver and other drivers around them. Dangerous car products that can cause accidents include faulty tires, airbags, seatbelts, seatbacks, blinding headlights, and other products that affect the driver and occupants.

In addition, road conditions may cause a crash. Be sure to advise the responding police officers if there were dangerous road conditions at the time of the crash.

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What Are Some of the Most Common Car Accident Injuries?

When you are involved in an auto accident, it is extremely important to be evaluated by medical personnel to ensure you are injury-free as internal damage may not be apparent immediately following the incident. It could take days for symptoms to begin to show, if they even show at all. There is no limit to what type of physical injuries may be sustained from a car crash, but some of the most common include:

  • Soft tissue injuries including damage to tendons, ligaments, or muscles.
  • Scrapes and cuts
  • Neck and back injuries
  • Head and brain injuries including concussions, traumatic brain injuries, or internal bleeding
  • Burns
  • Broken bones
  • Spinal injuries

It is important to see a health care provider as soon as you begin to experience symptoms so you can be sure to make a claim and get your medical costs paid. Regardless of your insurance coverage, if you didn’t immediately seek medical attention, insurance companies can and will dispute your claim.

If you have been in a car accident and think you have sustained an injury, contact us as soon as possible so we can provide a free case evaluation and help you determine how much you may be owed.

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Ready To Hire a Car Accident Attorney? Get Started Today

If you or a family member has suffered as a result of another party’s reckless or negligent driving, a car accident lawyer may be able to help. Seeking financial awards for your injuries, pain and suffering, and other losses may help you avoid further hardship and move on with your life faster. To learn more about what a car accident lawyer can do for you, Call Today!

Personal Injury

Personal Injury

Injured in an accident? Let us help you get the settlement and peace of mind you deserve.

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What is a personal injury lawsuit?

A personal injury lawsuit is a legal action taken to recover damages from another party that has caused harm through inaction, negligence or malfeasance. If the negligence or inaction of another has caused you to suffer harm, you may be able to recover some or all of your medical expenses, rehabilitative costs, lost wages and pain and suffering with a personal injury lawsuit.

What are some typical personal injury claims?

Personal injury claims can be filed in response to a wide variety of incidents that cause physical harm. Here is a short list of some common types of personal injury claims:

Car Accidents

Car accidents are one of the most common causes of injuries in US. When negligence on the part of another driver or another responsible party is to blame for the crash, you may be entitled to compensation through a personal injury lawsuit.

Boating Accidents

Many visitors and locals alike enjoy time on the water. However, boater negligence can turn a pleasure cruise into a tragedy. Victims of boating accidents may be entitled to bring an injury claim against the parties responsible for their injuries.

Truck Accidents

Crashes that involve tractor-trailers or other heavy trucks frequently produce some of the most severe injuries – particularly for the people in the lightweight cars involved in the crash. Truck accident lawsuits are also more complex than many “standard” car accidents due to the higher stakes and multiple parties involved.

Bicycle Accidents

Cyclists have the same rights in traffic as anyone else, but some motorists refuse to share the road with bicyclists. Collisions between cars and bikes often result in serious injuries for cyclists. If another driver was at fault, an injured cyclist may be able to recover compensation in an injury lawsuit.

Birth Injuries

Some victims suffer injuries at the very beginning of their lives. When negligent medical errors cause avoidable injuries during the labor and delivery process, the parents of the injured baby may be entitled to bring a claim against the responsible healthcare professionals.

Construction Accidents

Construction sites are among the most dangerous workplaces in US and are prone to different accidents such as electrocution accidents. Victims of construction accidents may be entitled to bring a claim against the non-employer parties whose negligence caused the accident.

Pedestrian Accidents

People who are walking when they are hit by a motor vehicle suffer some of the worst injuries seen in traffic accidents. When a motorist is to blame for the crash, an injured pedestrian may be entitled to significant compensation in an injury claim. Compensation may be available even in a hit-and-run situation if the pedestrian carries auto insurance.

Medical Malpractice

Some injuries are caused by the very professionals who are charged with making people healthier. When a negligent medical mistake results in a serious personal injury, the injured patient may be entitled to compensation by bringing a medical malpractice claim against the healthcare providers responsible for the incident.

Motorcycle Accidents

Weather makes for great year-round motorcycling. Unfortunately, it also means more motorcycle crashes. When an accident involves a motorcycle and another vehicle, the biker often suffers more severe injuries. Some insurance companies try to shift the blame to the motorcyclists by playing on stereotypes. Don’t let them get away with it.

Slip & Fall

Property owners have a duty to maintain walking surfaces in reasonably safe condition. When they fail in this duty and someone is injured in a slip-and-fall accident, the victim may be entitled to recover compensation through a personal injury claim.

Brain Injuries

Many types of accidents can cause traumatic brain injuries, which are among the most serious and costly types of injuries. Many brain injury victims face a lifetime of impairment. Compensation may be available from the party whose negligence caused the accident.

Dog Bites

Dogs make wonderful pets, but some dogs also pose a serious threat to others – particularly children. Victims of dog attacks may be able to bring a personal injury claim against the dog’s owner whose negligence was responsible for the incident.

Spinal Cord Injury

Damage to the spinal cord can lead to devastating injuries that a victim must endure for the rest of his or her life. The worst spinal cord injuries cause permanent paralysis. When a spinal cord injury resulted from someone else’s carelessness, the victim may be able to recover significant compensation.

Premises Liability

When an unreasonably dangerous condition on someone else’s property causes serious injuries, the victim may be entitled to bring a premises liability claim against the negligent property owner. Many other accidents besides falls may give rise to this type of claim. Examples include swimming pool accidents, inadequate security, dangerous stairs and many others.

Product Liability

The companies that design, manufacture, market, distribute and sell products owe a duty to consumers to ensure that their products are reasonably safe. When this duty is breached and a product causes serious harm, victims may be entitled to bring an injury claim.

What do I need to prove before I can file a personal injury lawsuit?

You don’t need to prove anything to file a personal liability lawsuit. Filing a lawsuit means that you have opened legal action against the defendant. In order to win your personal injury lawsuit you will need to show the standard of proof that governs your liability case. Most personal injury lawsuits are pursued under the theory of negligence, which requires you to prove four things:

  • Show the defendant had a duty to perform at least as well as a reasonable person
  • Demonstrate that the defendant failed in that duty
  • Prove that the failure caused your injuries
  • Prove that you suffered injury

What damages can a personal injury lawsuit recover?

A number of physical and non-physical damages can be recovered in a successful personal injury lawsuit:

  • medical bills
  • necessary rehabilitative/ongoing care
  • emotional pain and suffering
  • lost wages
  • lost earning capacity
  • punitive damages (depends on malicious/intentional conduct)
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How Personal Injury Damages Work

You may be entitled to “damages”, which are financial compensations for your injuries and/or losses. Personal injury cases involve three types of damages: general, special, and punitive.

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Special Damages

These are damages with a specific dollar amount attached. They may also be called economic damages, and can include:

  • Medical expenses incurred as a result of the accident
  • Future medical expenses such as additional surgeries, therapy, or follow-up doctors’ appointments
  • Lost wages
  • Future lost wages
  • Repair or replacement of personal property

General Damages

These are damages for which it is not as easy to assign a specific dollar amount. Courts or insurance companies will sometimes award this type of damages if you are suffering from long-term injuries or you have lost a loved one in an accident. General damages may include compensation for:

  • Pain and suffering
  • Loss of use of a body part or limb
  • Loss of enjoyment of life
  • Loss of companionship
  • Loss of consortium
  • Wrongful death
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Punitive Damages

Courts only award punitive damages if the defendant’s behavior was grossly negligent or intentionally harmful. This type of damages is used as a punishment for the defendant. For example, a court may award you punitive damages if they find that the defendant was driving under the influence of drugs or alcohol at the time of the accident and caused your injuries or the death of your loved one.

Courts may also award punitive damages in certain cases where the defendant committed an intentional tort, such as trespassing with the intent to harm you or your family. For example, if the defendant trespassed on your property and started a fire in your home knowing you were at home, a court might order the defendant to pay punitive damages in a civil case. Of course, the defendant may also face criminal charges for trespassing and arson in a criminal court.

What Is the Average Settlement for a Personal Injury?

The median payout for a personal injury lawsuit is approximately $52,900. For most victims with moderate injuries, like broken bones, sprains, and whiplash, the payout ranges from $3,000 to $10,000. However, extreme injury and mental suffering has helped some victims earn millions.

Higher settlements may skew the typical payout, making the average much larger than it might be for many personal injury victims. But every case is different. There is no exact payment for any one injury type, as the court may need to examine many other mitigating factors.

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What Factors Determine a Personal Injury Payout?

The settlement you can expect from your case will depend on the losses you suffered. There are three main categories of damages to consider before a personal injury case settles:

  • Physical suffering
  • Mental anguish
  • Financial hardships

If you follow the protocol suggested by many personal injury lawyers, there may be a paper trail to detail the injuries you suffered. Any noneconomic suffering, such as post-traumatic stress disorder (PTSD), may be more difficult for the courts to assign a value.

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What Types of Personal Injury Cases Pay the Most?

No specific injury case is guaranteed to pay out more than any other. Injuries are wholly unique to the individual victim. Outside factors may also affect their injuries, including the victim’s physical build or weather conditions during the time of the accident.

However, as a typical rule of thumb, the more severe the injury is, the higher its payout may be. Cases with permanent or significant losses may be worth more. Higher settlements may be expected in cases involving:

  • Fatal injuries
  • Severe injuries requiring years of treatment
  • Permanent, incurable disabilities
  • Diminished quality of life

Ultimately, any type of accident may be as dangerous as the next under certain circumstances. For example, a slip and fall case may cause a traumatic brain injury (TBI), while a high-speed semi-truck accident may only lead to minor scrapes and bruises.

Personal injury cases are examined on a case-by-case basis to see how much compensation a victim may deserve. In the event that a loved one suffers a fatal injury, can seek compensation on your behalf proportionate to the losses suffered.

 

What Is a Good Personal Injury Settlement Amount?

A good personal injury settlement will allow you to recover your losses from the accident that injured you. Your payout should reimburse you for:

  • Diagnostic testing
  • Surgery
  • Physical therapy
  • Medication

To determine a good personal injury payout amount, review all the details of your case. Total your losses from the accident by adding the cost of your hospital bills and treatment. Speak with a medical expert to estimate the cost of future care you may also need.

How Much is Rewarded for Different Cases

When it comes to accident cases, the amount of money awarded in compensation varies a lot from case to case. Overall, the median amount given to the plaintiff for any case is $31,000, and half of the cases usually don’t receive more than $24,000.

Product liability has the highest average compensation of $748,000, and motor vehicle accident claim have the lowest at $16,000 being the average payout. That’s a pretty big difference between the two!

Other average payouts include:

  • $90,000 for premises liability
  • $100,000 for intentional tort
  • $679,000 for medical malpractice

It’s clear that you can get a lot of money for personal injuries so it’s not hard to see why there are so many claims.

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Laws That May Reduce Your Personal Injury Settlement

Depending on your case, state laws may reduce your settlement amount. For example, car accidents that happen in fault states are subject to comparative negligence laws. If you are at 10% at fault for the accident, your financial win will be reduced by 10%.

Additionally, some states utilize the modified comparative negligence rule. If you are found to be 51% at fault for the accident, you won’t be able to collect any compensation. Teaming up with a personal injury lawyer will help you recover the full settlement you deserve.

For example, Alabama follows a fault-based system with contributory negligence rules. And even if you were partially to blame for your accident on someone else’s property, your slip and fall attorney could still help you collect a portion of compensation based on your percentage of fault.

Similar Accidents May Result in Different Payouts

Just because a truck accident causing neck and back injuries settles for $490,000, that doesn’t mean you should expect the same outcome for your truck accident. Results may vary, even between similar situations.

For example, if you suffer whiplash from a car accident, but that injury resulted in you also missing two weeks of work, you may receive more than the average personal injury settlement than someone who did not miss any work while suffering from a similar injury.

What to Do if You Have a Personal Injury

As you can see, personal injuries aren’t uncommon. Whether you’re at work or out for an evening walk, they can happen anywhere at any time! If you have a personal injury, the first thing you need to do is visit a medical professional who can check your injuries and treat them properly.

You should also find an experienced personal injury lawyer who can help you make a claim. If you’ve been injured and it wasn’t your fault, don’t sit by and let the consequences affect your life. Take action and get the help you need!

Personal Injury Lawyers May Be Able to Help Your Case

Many accident victims turn to personal injury lawyers for legal guidance. Working with a lawyer can benefit your case in multiple ways. Your lawyer can:

  • Ensure your rights are protected
  • Gather evidence to prove your case
  • Calculate your total losses related to the accident
  • File your lawsuit before the statute of limitations expires
  • Negotiate a reasonable settlement:

Your personal injury lawyer will do everything in their legal power to try to protect your right to compensation. While no lawyer can guarantee you get the average settlement for a personal injury, your legal team will work to demonstrate just how severely the accident impacted your life.

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Get the Help You Need

If you’ve suffered a personal injury because of someone else’s negligent or wrongful conduct, you may be entitled to significant compensation. Contact Us and learn more about the legal services we provide and to schedule your free consultation.