Several difficulties can arise after a car accident. Along with monetary loss, there may occur death and injuries. In recovering such damages the victim may face struggle in trying to recover the compensation for their losses.
In settling the claims for compensation there are specific rules and regulations. Recovering damages for pain and suffering, severe injuries or death; requires proper procedure to be followed. In order to receive full compensation for the losses and damages, it is recommended to contact an attorney.
The car accident attorneys are well versed in laws in regards the auto accident claims. They have experience of handling the car accident cases in several states and can ensure you to protect your right to maximum. They ensure that your rights are protected and you will reimburse with right amount of compensation that you deserves.
How Can A Car Accident Attorney Help You?
The car accident lawyer ensures you to receive the full compensation and full benefit from the insurance company. Also they help you in determining whether to file a claim for additional damages against the party responsible for the accident. If the victim party have suffered a serious injury, the car accident attorney can help file a lawsuit against the party at fault for to receive the compensation along with the reimbursement through insurance claims.
The victim person can file a lawsuit in case of accident caused due to the negligence of other person. To eligible for a personal injury lawsuit, it must that the victim of the crash has died or sustained a significant injury such as:
- Permanent scarring or disfigurement
- Broken bones
- Paralysis
- A significant head injury
- Brain damage
If as a victim, if you decide to take a legal action against the driver at fault, the car accident attorney can begin with the procedure. He can begin preparing the claims by:
- Collecting police and accident scene reports
- Questioning witnesses
- Analysing the medical reports
- Taking photographs of the scene, damage and injuries
- Contacting expert witnesses to review the evidence
- Speaking with the insurance providers on your behalf
The negligence party or the insurance company from which you are attempting to collect the compensation, works to categorize the injury as temporary and not the permanent one. In this situation, the car accident attorney can collect and organize the evidence on your behalf and prove that they are permanent.
How To Seek Additional Damages?
Apart from approaching your insurance company and filing a lawsuit against the party at fault, the car accident attorney approaches the insurance company of the party at fault. The attorney attempts to recover the compensation to cover the remaining costs and losses suffered by you through the negligent insurance company.
The claims such submitted to the other party’s insurance company are processed for approval. The strength and the success of such claims depend on the ability of the car accident attorney to collect, analyse and present evidence. No doubt, the opposing insurance company will fight to minimize their pay-out. To strengthen the claim it is recommended to provide in-depth information about the accident to your car accident attorney so that he or she can design the claim strongly. If in case, your attorney and the insurance company do not agree on a settlement the case may proceed to trial.
Uninsured And Underinsured Motorist Accidents
In case of accident the victim trying to recover damages from the negligent party insurance company, if the other driver has no other insurance company or is underinsured, then your uninsured or underinsured motorist coverage may cover the damages and losses caused by the negligent party.
If the party at fault was underinsured, then victim’s insurance will cover the difference between the losses and the amount the victim received from the other party’s insurance company. In case, if the victim does not have such insurance coverage, it is recommended to consult auto accident attorney. The attorney will help to obtain the compensation for the damages and injuries caused due to the negligence. The car accident attorney is well versed to seek damages from the negligent party’s homeowner’s insurance, the victim’s health insurance provider or any other insurance coverage.
No doubt, it is complicated to get compensated from uninsured motorist coverage. And here comes the role of experienced car accident attorney. Definitely, the insurance company either it is victim’s or the insurance party of the negligent party, will likely try to limit the pay-out amount. The insurance companies undergo their own investigation of the accident and accordingly they try to settle the claim that they believe to be worth. If you receive such amount, and if you believe that it is not enough to cover your losses, then it is ideal to approach car accident attorney. The attorney is able to file a lawsuit against victim’s insurance company in order to recover the additional compensation.
Different Types Of Car Accident Claims
Manufacturer Liability
In case of the accident where vehicle is defective, the injured party can demand claim against the manufacturer of the vehicle or one of its parts. Due faulty design of the car, the car manufacturer can be held responsible as at fault for the accident. To get right compensation in case of faulty vehicle, the attorney must prove that accident happened not because of the party’s fault but due to the defectiveness of the vehicle.
Road Design
Due to faulty construction, designs and maintenance of the roads, the accidents occur. Too steep embankment, barriers, speed bumps, guard rails, curbs, medians, no signage, no proper traffic control, etc. are some reasons behind the road accident. In such cases, the victim can have legal recourse through a wrongful death lawsuit.
Car Accident Injuries And The Compensation To Be Receivable
Every accident is different. The seriousness and the damages caused are different. The extent of injury suffered varies from accident to accident. There are some injuries that victim may attempt to collect compensation. Such injuries include:
- Burns and scars
- Loss of limbs
- Paralysis
- Knee damage
- Whiplash
- Head injuries
- Spinal cord injuries
- Joints, muscles, neck, back and bone injuries
- Wrongful death
- Permanent disability
The common economic damages awarded in the car accident lawsuit include:
- Medical expenses for emergency room visits, hospitalization, emergency surgery, etc.
- Future medical expenses that the victim need to continue with medical care and medical treatments
- Lost wages from the time of injury to the conclusion of the lawsuit
- Loss of earning capacity
- Pain and sufferings the person or the family as a whole face after the accident
- Mental anguish such as feelings of fright, worry, grief, nervousness and any other kind of emotional trauma the victim faces
- Loss of consortium where the spouse of the victim can get compensation
Different Types Of Cases The Car Accident Attorney Handles
The car accident attorney handles the different kinds of personal injuries caused due to car accidents like:
- Negligence of the other party
- Driving recklessly
- Drunk driving
- Driving under the influence
- Rear end collisions
- Side impact collisions
- Rollovers
- Sideswipe collisions
- Head on collisions
- Multiple party accidents
The car accident attorneys are always helpful to get right compensation that you deserves to have for the damages and injuries you face due to the accident caused by the negligence of other driver. To file a lawsuit for right compensation from the negligent party and the insurance companies, contact the experienced car accident attorney.
