Painful Car Accident - Legal Recourse - Actions (Ezine Ready)
Author: Ray La Foy
While many lawyers are good ones, it takes a special person to make a great car accident lawyer. Handling cases that involve injury, sometimes very serious injuries at that, and people who are in a state of major crisis isn't a profession all lawyers can handle. The best car accident lawyers will specialize in that area of law to ensure they become experts to better serve their clients.
And though there are many "ambulance chasers" there are only a limited number of good car accident lawyers. Finding one can mean the difference between a legal experience that's dreadful and one that comes with at least a little touch of compassion. In addition to a winning spirit, your lawyer should display many traits that should be evident to potential clients.
A good car accident lawyer will be skilled at the following things:
Communication. They will be adept not only at communicating with a judge, jury or opposing side's representation, but also at dealing with doctors, you and your family. If your lawyer isn't an expert at communication, you probably haven't found one of the best.
Medical proficiency. While they don't have to be a doctor, a good lawyer will at least understand the ins and outs of various conditions their clients might be suffering from. This will be particularly important to ensure your medical condition is properly conveyed in court or even during out of court settlements.
Investigative ability. A good car accident lawyer will understand how to investigate cases to prove their veracity. Accident scene investigation, basic forensics and so on will be required either of the lawyer or his or her staff members. Either personal investigative ability or staff will be important to help the lawyer show the at-fault in the case.
Compassion. When clients have been injured, are possibly facing surgery or at least difficult recoveries and they don't have a steady income due to an inability to work, compassion and understanding are vital. A good lawyer will understand their clients' dispositions will have likely been greatly impacted by their accidents and they will act accordingly.
Honesty. Your lawyer should be out for more than buck. Serving their clients and making their lives better will be just as important to a good lawyer as winning.
Legal proficiency. Skill in and out of the court room will be more than important to ensure you get the best lawyer. Depending on the severity of your injuries, you'll want to be certain the car accident lawyer you hire can ensure your medical bills and financial needs are met.
Finding the best lawyer might take a little time, but the effort will be worth it. Since a person who has been injured in an accident might face a lifetime of pain and suffering, finding the best car accident lawyer will be vital to ensure your bases are covered.
Article brought to you by Seattle personal injury lawyer
www.seattleseriousinjury.com - certa law group located in seattle advises in personal injury, insurance claim disputes, accidents, and injury claims.
Friday, April 20, 2007
Why You Should Seek Car Accident Lawyers
Why you Should Seek Car Accident Lawyers? (Ezine Ready)
Author: Bob Janeway
Sadly, nearly 100% of all Americans are prone to car accidents. And since it is our second nature to ensure ourselves with stability in case of mishaps, we often seek for the intervention of people who are authorities in the subject matter. Thus, we cling to them as supports and assurances whenever problems arise.
Cars, being the primary modes of transportation among Americans are inevitably the largest cases covered by collision-related law suits. And it is expected that in the future, these will grow in large regardless of the fact that many are now switching to bigger machines for transportation. We must not be fooled by the idea that we are safer in large vehicles since this is rarely the case.
Car accident lawyers help in leveling the ground in case of car accidents; they are the good sources of information regarding certain claims and laws pertaining to personal injuries. All supported of course with the legality of matters.
They are the representatives of both the victim of the accident or the offender himself. He can also represent the client in case his actual presence can't be given due to injuries incurred during the accident or for whatever reason he deemed critical in his case.
The primary reason why car accident lawyers are of great use is that deaths pertaining to car accidents are so alarming in rate that many find themselves arrested with thoughts of how to deal with things when the situation comes. An average of 40,000 motor vehicle accidents are recorded annually and each year, the death toll arises. In fact, the average motor vehicle accident per day is 115 incidents. And that takes an average American some $719.2 each year for vehicle collision-related expenditures.
While there is a widespread and credible claim of how safety-enhancing mechanisms and devices are integrated into car systems, this still does not negate the fact that even the best precautions may not work much when subjected to wrong situations.
There are of course various types of collisions covered by car accident lawyers. These include the following:
- Truck under-ride accidents
- Head-on collisions
- Rear-end collision
- Side impact collisions
- Suicides
- Backup accidents
- Rollovers
Although many injuries can result from car accident, many of which are into life threatening and does not take time to get healed, we can't still ignore the fact that many are tragic to the point that victims become paralyzed, crippled or worst, die. Still, the majority of incidences don’t end up with critical personal injuries or the filing of a law suit or two, you should still provide yourself with a timely assistance in term of legal importance.
A knowledgeable and experienced car accident lawyer can comprehensively discuss to you the grounds at which you may secure your rights and the preparations you are entitled to. He is also the right authority to facilitate the processing of your compensations.
The physical and emotional taxation you will personally undergo would be enough to cripple you from making your first move to ensure that you are properly reimbursed of the distraction set upon you. Therefore, reliable help would greatly add to your security. All you have to do now is to follow the flow of your case and sit back until you are finally healed.
Source:
ArticlesBase.com and resources-free.com
Author: Bob Janeway
Sadly, nearly 100% of all Americans are prone to car accidents. And since it is our second nature to ensure ourselves with stability in case of mishaps, we often seek for the intervention of people who are authorities in the subject matter. Thus, we cling to them as supports and assurances whenever problems arise.
Cars, being the primary modes of transportation among Americans are inevitably the largest cases covered by collision-related law suits. And it is expected that in the future, these will grow in large regardless of the fact that many are now switching to bigger machines for transportation. We must not be fooled by the idea that we are safer in large vehicles since this is rarely the case.
Car accident lawyers help in leveling the ground in case of car accidents; they are the good sources of information regarding certain claims and laws pertaining to personal injuries. All supported of course with the legality of matters.
They are the representatives of both the victim of the accident or the offender himself. He can also represent the client in case his actual presence can't be given due to injuries incurred during the accident or for whatever reason he deemed critical in his case.
The primary reason why car accident lawyers are of great use is that deaths pertaining to car accidents are so alarming in rate that many find themselves arrested with thoughts of how to deal with things when the situation comes. An average of 40,000 motor vehicle accidents are recorded annually and each year, the death toll arises. In fact, the average motor vehicle accident per day is 115 incidents. And that takes an average American some $719.2 each year for vehicle collision-related expenditures.
While there is a widespread and credible claim of how safety-enhancing mechanisms and devices are integrated into car systems, this still does not negate the fact that even the best precautions may not work much when subjected to wrong situations.
There are of course various types of collisions covered by car accident lawyers. These include the following:
- Truck under-ride accidents
- Head-on collisions
- Rear-end collision
- Side impact collisions
- Suicides
- Backup accidents
- Rollovers
Although many injuries can result from car accident, many of which are into life threatening and does not take time to get healed, we can't still ignore the fact that many are tragic to the point that victims become paralyzed, crippled or worst, die. Still, the majority of incidences don’t end up with critical personal injuries or the filing of a law suit or two, you should still provide yourself with a timely assistance in term of legal importance.
A knowledgeable and experienced car accident lawyer can comprehensively discuss to you the grounds at which you may secure your rights and the preparations you are entitled to. He is also the right authority to facilitate the processing of your compensations.
The physical and emotional taxation you will personally undergo would be enough to cripple you from making your first move to ensure that you are properly reimbursed of the distraction set upon you. Therefore, reliable help would greatly add to your security. All you have to do now is to follow the flow of your case and sit back until you are finally healed.
Source:
ArticlesBase.com and resources-free.com
Friday, April 13, 2007
Anatomy of an Auto Accident Insurance Claim
An auto accident insurance claim always begins with an accident. If you are involved in a car accident, there are some very important things you should do at the accident site to the extent you can. At the first opportunity, you should report the accident with your insurance carrier and l begin the process of filing a claim. After you have submitted your claim, a claims adjuster (someone who works for the insurance company and deals exclusively with claims) will either call, write or email you regarding your claim. He or she will then look at your policy to determine the types of coverage you have, deductibles, and any coverage limits that may affect your claim.
If your claim is simple (i.e. fault is not at issue, the damage was minimal, and little or no medical treatment was necessary and), the adjuster may have you get an estimate for repairs and then send you a check. You will have to fill out some paperwork, but you may not have to meet with the adjuster in person. If your claim is more complicated (for example, liability is unclear, you do not have enough coverage in your policy, or you do not agree with your adjuster’s settlement offer), then the negotiation process will take longer.
Investigating Your Automobile Accident Claim
The Settlement Offer
The Demand Letter
Negotiating with the Claims Adjuster
If Your Auto Accident Claim is Denied
Investigating Your Automobile Accident Claim In relatively complicated injury accident claims, adjusters typically must do some investigation in order to adequately assess the insurance company’s liability. The adjuster will comb through your policy and possibly contact witnesses to the accident, the other party to the accident, look at the police report if there is one, take photographs of the damages and scene of the accident, and generally investigate your medical expenses by sending out requests to your medical providers for information regarding your treatment. If you are seeking to have medical bills covered, the adjuster will send you a medical authorization form for the release of your medical records.
The Settlement Offer
Once the adjuster has investigated your claim and looked at your policy, he or she will typically send you a settlement offer. The settlement offer will tell you what the insurance company is willing to pay on your claim. It could be all, it could be part, it could be none. This opening offer is typically on the low side. After all, the adjuster’s job is to save his or her employer money. But the adjuster also wants to close a case and thus is typically allowed a settlement range that offers room for negotiation. See When the Adjuster’s Settlement Offer is Too Low.
The Demand Letter
If you are confident about how much you think your claim is worth, you can preempt the adjuster’s settlement offer with your own settlement proposal (demand letter). Your demand letter would outline fault (if an issue), damages, an d ask for a certain amount to settle your claim.
So should you make a demand first, or wait for the offer? See Making a Demand or Waiting for a Car Insurance Offer for more information. See Settling Your Car Insurance Claim: How to Write a Demand Letter to learn how to write your own letter.
Negotiating with the Claims Adjuster
If you’ve already received an opening offer from the adjuster, keep in mind that opening offers for settlement are almost always on the low side. Whether or not you think the offer is reasonable, read When the Adjuster’s Settlement Offer is Too Low for more information on how to evaluate that opening offer. Then, unless you’re willing to go with that opening offer (knowing that it’s too low) without an argument, you will ultimately need to negotiate with the adjuster for a higher settlement. See Negotiating Your Car Insurance Settlement for more advice.
If Your Auto Accident Claim is Denied
If your claim is denied in whole or in part, there could be many legitimate and reasonable reasons. Most have to do with limits in your coverage. You can check the denial letter against your policy to see if the denial seems legitimate or not. If you still think your claim was unfairly denied, read When Your Car Insurance Claim is Denied for more on what you can do next. But whatever you decide to do, don’t wait too long to do it. If you sit on your claim for too long, you may lose the right to sue in court to get your recovery. Each state has a statute of limitations (a time limit for filing a lawsuit in court). In most states, the statute of limitations for personal injury claims is 2 or 3 years.
If your claim is simple (i.e. fault is not at issue, the damage was minimal, and little or no medical treatment was necessary and), the adjuster may have you get an estimate for repairs and then send you a check. You will have to fill out some paperwork, but you may not have to meet with the adjuster in person. If your claim is more complicated (for example, liability is unclear, you do not have enough coverage in your policy, or you do not agree with your adjuster’s settlement offer), then the negotiation process will take longer.
Investigating Your Automobile Accident Claim
The Settlement Offer
The Demand Letter
Negotiating with the Claims Adjuster
If Your Auto Accident Claim is Denied
Investigating Your Automobile Accident Claim In relatively complicated injury accident claims, adjusters typically must do some investigation in order to adequately assess the insurance company’s liability. The adjuster will comb through your policy and possibly contact witnesses to the accident, the other party to the accident, look at the police report if there is one, take photographs of the damages and scene of the accident, and generally investigate your medical expenses by sending out requests to your medical providers for information regarding your treatment. If you are seeking to have medical bills covered, the adjuster will send you a medical authorization form for the release of your medical records.
The Settlement Offer
Once the adjuster has investigated your claim and looked at your policy, he or she will typically send you a settlement offer. The settlement offer will tell you what the insurance company is willing to pay on your claim. It could be all, it could be part, it could be none. This opening offer is typically on the low side. After all, the adjuster’s job is to save his or her employer money. But the adjuster also wants to close a case and thus is typically allowed a settlement range that offers room for negotiation. See When the Adjuster’s Settlement Offer is Too Low.
The Demand Letter
If you are confident about how much you think your claim is worth, you can preempt the adjuster’s settlement offer with your own settlement proposal (demand letter). Your demand letter would outline fault (if an issue), damages, an d ask for a certain amount to settle your claim.
So should you make a demand first, or wait for the offer? See Making a Demand or Waiting for a Car Insurance Offer for more information. See Settling Your Car Insurance Claim: How to Write a Demand Letter to learn how to write your own letter.
Negotiating with the Claims Adjuster
If you’ve already received an opening offer from the adjuster, keep in mind that opening offers for settlement are almost always on the low side. Whether or not you think the offer is reasonable, read When the Adjuster’s Settlement Offer is Too Low for more information on how to evaluate that opening offer. Then, unless you’re willing to go with that opening offer (knowing that it’s too low) without an argument, you will ultimately need to negotiate with the adjuster for a higher settlement. See Negotiating Your Car Insurance Settlement for more advice.
If Your Auto Accident Claim is Denied
If your claim is denied in whole or in part, there could be many legitimate and reasonable reasons. Most have to do with limits in your coverage. You can check the denial letter against your policy to see if the denial seems legitimate or not. If you still think your claim was unfairly denied, read When Your Car Insurance Claim is Denied for more on what you can do next. But whatever you decide to do, don’t wait too long to do it. If you sit on your claim for too long, you may lose the right to sue in court to get your recovery. Each state has a statute of limitations (a time limit for filing a lawsuit in court). In most states, the statute of limitations for personal injury claims is 2 or 3 years.
Car Insurance and Auto Accidents: Are You Covered?
Insurance companies offer a variety of auto insurance packages, all providing varying levels of coverage. Most states require motorists have some minimal amount of insurance. Keep in mind, however, that purchasing just the minimum may be risky as minimal coverage may not be adequate in the event of a serious bodily injury accident.
Bare Bones Basic: Liability Insurance
Liability insurance is required by law in almost all states. It will pay for the property damage and personal injury expenses of others when you are at fault for an accident, up to the limits specified in your own particular policy. This coverage includes your legal bills. The bodily injury portion of the coverage includes medical expenses and lost wages. The property damage portion covers repair or replacement of items damaged as a result of the accident, your car not included (see Collision, below). The vast majority of states require motorists have at least liability insurance, and most require a minimum amount. Check out your state’s insurance department to find out your state’s minimum.
How About Me? Collision Insurance
Regardless of fault, collision insurance will cover damage to your vehicle, subject to any deductible. Period. Your insurance company will either pay for repairs or “total” your car (declare your car a total loss). (Alternatively, you can file a claim with the other person’s insurance company for the car’s repair and sidestep the deductible on your own policy.) If the insurance company totals your car, you will most likely get the actual cash value for the car, as opposed to the replacement cost. The replacement cost is the cost of replacing or repairing your vehicle with materials that are of similar type and quality without deducting for depreciation. Depreciation is the decrease in value of your vehicle due to age or wear and tear. Actual cash value is usually figured as the replacement cost minus the depreciation. Collision coverage can be expensive. You can consider increasing your deductible to lower your premium.
Beyond Car Accidents: Comprehensive Insurance
Comprehensive covers damage that occurs as a result of circumstances other than vehicle accidents. Comprehensive will cover loss due to theft, fire, vandalism, and natural disasters. There is usually a deductible and the insurance company will not likely pay more than the Kelley Blue Book value if your car is wrecked. Of course, if you have a beater for a car and the comprehensive coverage costs more than what the car is actually worth, then don’t even bother buying it.
Medical, PIP and No-Fault
Medical payments coverage pays for your medical expenses and those of your passenger in the event of an accident, regardless of who was at fault. This coverage applies when you are driving your vehicle or someone else’s vehicle with their permission. You and your family members are covered if you are injured as pedestrians. Be aware that some insurance policies obligate you to repay any benefits received later from the other driver or car owner. Do you need medical payments coverage when you are also covered by your health plan? Click here for an article on that subject. Personal injury protection (PIP) and No-Fault coverages are typically expanded forms of medical payment protection. Some states require these, in others it is optional. Some features include coverage for lost wages and child care.
Uninsured/Underinsured Coverage
Uninsured/Underinsured coverage pays for your injuries and possibly property damage when you are involved in an accident with someone who is at fault and has no liability insurance, or just has the bare bones limits of liability insurance. Some states require motorists to have this coverage.
Supplemental Insurance
These are essentially add-ons to your basic insurance policy. You can add on coverage for rentals, repairs, or towing, which could save you money in the long run. Check with your state’s insurance department to find out what types of coverage are required in your state.
Bare Bones Basic: Liability Insurance
Liability insurance is required by law in almost all states. It will pay for the property damage and personal injury expenses of others when you are at fault for an accident, up to the limits specified in your own particular policy. This coverage includes your legal bills. The bodily injury portion of the coverage includes medical expenses and lost wages. The property damage portion covers repair or replacement of items damaged as a result of the accident, your car not included (see Collision, below). The vast majority of states require motorists have at least liability insurance, and most require a minimum amount. Check out your state’s insurance department to find out your state’s minimum.
How About Me? Collision Insurance
Regardless of fault, collision insurance will cover damage to your vehicle, subject to any deductible. Period. Your insurance company will either pay for repairs or “total” your car (declare your car a total loss). (Alternatively, you can file a claim with the other person’s insurance company for the car’s repair and sidestep the deductible on your own policy.) If the insurance company totals your car, you will most likely get the actual cash value for the car, as opposed to the replacement cost. The replacement cost is the cost of replacing or repairing your vehicle with materials that are of similar type and quality without deducting for depreciation. Depreciation is the decrease in value of your vehicle due to age or wear and tear. Actual cash value is usually figured as the replacement cost minus the depreciation. Collision coverage can be expensive. You can consider increasing your deductible to lower your premium.
Beyond Car Accidents: Comprehensive Insurance
Comprehensive covers damage that occurs as a result of circumstances other than vehicle accidents. Comprehensive will cover loss due to theft, fire, vandalism, and natural disasters. There is usually a deductible and the insurance company will not likely pay more than the Kelley Blue Book value if your car is wrecked. Of course, if you have a beater for a car and the comprehensive coverage costs more than what the car is actually worth, then don’t even bother buying it.
Medical, PIP and No-Fault
Medical payments coverage pays for your medical expenses and those of your passenger in the event of an accident, regardless of who was at fault. This coverage applies when you are driving your vehicle or someone else’s vehicle with their permission. You and your family members are covered if you are injured as pedestrians. Be aware that some insurance policies obligate you to repay any benefits received later from the other driver or car owner. Do you need medical payments coverage when you are also covered by your health plan? Click here for an article on that subject. Personal injury protection (PIP) and No-Fault coverages are typically expanded forms of medical payment protection. Some states require these, in others it is optional. Some features include coverage for lost wages and child care.
Uninsured/Underinsured Coverage
Uninsured/Underinsured coverage pays for your injuries and possibly property damage when you are involved in an accident with someone who is at fault and has no liability insurance, or just has the bare bones limits of liability insurance. Some states require motorists to have this coverage.
Supplemental Insurance
These are essentially add-ons to your basic insurance policy. You can add on coverage for rentals, repairs, or towing, which could save you money in the long run. Check with your state’s insurance department to find out what types of coverage are required in your state.
What Is Your Car Accident Injury Claim Worth?
The best way to determine how much your injury claim is worth when you are injured in a car accident is to look at how an insurance company would value your claim. An insurance carrier will first look to the types and amounts of damages suffered and then to percentage of fault.
Types of Damages You May Recover
The types of damages an insurance company will typically pay for include the following:
Medical Expenses: This includes medical expenses incurred to treat an injury, such as doctor’s visits; hospital expenses; emergency room expenses; fees for chiropractic care; physical therapy; and any type of medical devices that may be needed for your recovery, such as neck braces or crutches. These expenses are recoverable if they result from your injury. The cost of a medical examination done for the purposes of litigation is generally not recoverable. If you are able to guesstimate how much your overall medical treatment will cost, you and your attorney may well be able to ballpark how much your entire claim is worth. Medical expenses are typically used as a benchmark for determining the reasonableness of damage awards.
Future Medical Expenses: These are recoverable if the injured party can show that he or she is likely to need continued medical care as a result of the accident or injury. This amount may be determined by the advice and opinions of your doctors and/or other medical specialists seen for treatment.
Pain and Suffering: Pain and suffering damages may be granted for physical pain resulting from an accident or injury. A jury will look to the nature of the injury, the severity of the pain, and how long the plaintiff is likely to be in pain to determine the damage amount to be awarded.
Mental Anguish: Recovery for any type of mental or emotional distress suffered as a result of an accident or injury. This could include apprehension, fright, anxiety, nervousness, worry, loss of dignity, humiliation, grief, shock, and/or embarrassment. If the injured party has been disfigured by the accident/incident, mental suffering is recoverable for this type of emotional injury.
Lost Wages: You may recover the amount of money you would have earned between the time of the injury to the time of a judgment or settlement had you not been injured. If you were unemployed at the time of injury, you may still recover lost wages if you can effectively show what you could have earned during that same period.
Loss of Earning Capacity: You may recover damages for lost earning capacity if you can show that your ability to earn money in the future has been impaired. Past earnings will be used to determine an appropriate damage award, but a jury will likely focus on what might have been earned had the accident or injury not occurred.
Loss of Consortium: This relates to the loss of the benefits of married life when one spouse is injured. The uninjured spouse makes the claim and only has a chance of recovering if the injured spouse succeeds in recovering damages. Sometimes, however, the injured makes the claim as well. Married life benefits, the loss of which recovery is based, include companionship, affection, comfort, solace, help, and sexual relations. When determining the value of the loss, a jury will look to the stability of the marriage, the couple’s individual life expectancies, how much care and companionship were given to the uninjured spouse, and the degree to which the above-mentioned benefits were lost.
Property Damage: Recovery for the value of property that was damaged.
Amount of Damages You May Recover
An insurance company typically looks first to how much money has been spent and/or lost by the injured person when determining recovery. You may expect to recover any money spent or lost as a result of your injury. There are damages, however, that are harder to place a dollar value on. This includes pain and suffering or mental anguish. An insurance company may use a formula to ascertain what an appropriate damage amount might be for these types of claims.
The formula might work like this: First, the insurance company’s adjuster adds up the total amount of medical expenses relating to the injury. These damages are referred to as “medical special damages,” or “specials.” This base amount is then used to calculate the “general damages,” such as damages for pain and suffering, emotional damages, or other non-monetary losses.
Next, if the injuries are relatively minor, the adjuster will multiply the amount of special damages by 1.5 or 2. If the injuries are more serious or painful, the adjuster may multiply specials by up to 5. In extreme cases, the adjuster may even multiply by up to 10.
After the adjuster adds on damages for lost income, an amount from which to begin negotiations is then ready to present.
How Fault Affects Your Recovery
Beyond the damages suffered, the degree of fault is probably the most important factor in determining how much you may finally recover for your injury. In most cases, both you and the insurance company will know (by the circumstances surrounding the accident) the level of fault for both parties. Was the other party completely at fault? Mostly at fault? Or only a little at fault? An adjuster will reduce your recovery amount by your percentage of comparative fault. If you were only 10% at fault, your damages total will be reduced by 10%. Your recovery will not be reduced by any amount if the accident was clearly someone else’s fault.
Types of Damages You May Recover
The types of damages an insurance company will typically pay for include the following:
Medical Expenses: This includes medical expenses incurred to treat an injury, such as doctor’s visits; hospital expenses; emergency room expenses; fees for chiropractic care; physical therapy; and any type of medical devices that may be needed for your recovery, such as neck braces or crutches. These expenses are recoverable if they result from your injury. The cost of a medical examination done for the purposes of litigation is generally not recoverable. If you are able to guesstimate how much your overall medical treatment will cost, you and your attorney may well be able to ballpark how much your entire claim is worth. Medical expenses are typically used as a benchmark for determining the reasonableness of damage awards.
Future Medical Expenses: These are recoverable if the injured party can show that he or she is likely to need continued medical care as a result of the accident or injury. This amount may be determined by the advice and opinions of your doctors and/or other medical specialists seen for treatment.
Pain and Suffering: Pain and suffering damages may be granted for physical pain resulting from an accident or injury. A jury will look to the nature of the injury, the severity of the pain, and how long the plaintiff is likely to be in pain to determine the damage amount to be awarded.
Mental Anguish: Recovery for any type of mental or emotional distress suffered as a result of an accident or injury. This could include apprehension, fright, anxiety, nervousness, worry, loss of dignity, humiliation, grief, shock, and/or embarrassment. If the injured party has been disfigured by the accident/incident, mental suffering is recoverable for this type of emotional injury.
Lost Wages: You may recover the amount of money you would have earned between the time of the injury to the time of a judgment or settlement had you not been injured. If you were unemployed at the time of injury, you may still recover lost wages if you can effectively show what you could have earned during that same period.
Loss of Earning Capacity: You may recover damages for lost earning capacity if you can show that your ability to earn money in the future has been impaired. Past earnings will be used to determine an appropriate damage award, but a jury will likely focus on what might have been earned had the accident or injury not occurred.
Loss of Consortium: This relates to the loss of the benefits of married life when one spouse is injured. The uninjured spouse makes the claim and only has a chance of recovering if the injured spouse succeeds in recovering damages. Sometimes, however, the injured makes the claim as well. Married life benefits, the loss of which recovery is based, include companionship, affection, comfort, solace, help, and sexual relations. When determining the value of the loss, a jury will look to the stability of the marriage, the couple’s individual life expectancies, how much care and companionship were given to the uninjured spouse, and the degree to which the above-mentioned benefits were lost.
Property Damage: Recovery for the value of property that was damaged.
Amount of Damages You May Recover
An insurance company typically looks first to how much money has been spent and/or lost by the injured person when determining recovery. You may expect to recover any money spent or lost as a result of your injury. There are damages, however, that are harder to place a dollar value on. This includes pain and suffering or mental anguish. An insurance company may use a formula to ascertain what an appropriate damage amount might be for these types of claims.
The formula might work like this: First, the insurance company’s adjuster adds up the total amount of medical expenses relating to the injury. These damages are referred to as “medical special damages,” or “specials.” This base amount is then used to calculate the “general damages,” such as damages for pain and suffering, emotional damages, or other non-monetary losses.
Next, if the injuries are relatively minor, the adjuster will multiply the amount of special damages by 1.5 or 2. If the injuries are more serious or painful, the adjuster may multiply specials by up to 5. In extreme cases, the adjuster may even multiply by up to 10.
After the adjuster adds on damages for lost income, an amount from which to begin negotiations is then ready to present.
How Fault Affects Your Recovery
Beyond the damages suffered, the degree of fault is probably the most important factor in determining how much you may finally recover for your injury. In most cases, both you and the insurance company will know (by the circumstances surrounding the accident) the level of fault for both parties. Was the other party completely at fault? Mostly at fault? Or only a little at fault? An adjuster will reduce your recovery amount by your percentage of comparative fault. If you were only 10% at fault, your damages total will be reduced by 10%. Your recovery will not be reduced by any amount if the accident was clearly someone else’s fault.
Do I need to contact an attorney after a car accident?
Generally speaking, it depends on what happened and what injuries were suffered, and to whom. If you and your family members have not been hurt, the answer is probably no. If you or anyone you care about has been injured in the car accident, especially if there is any permanent injury, or significant time is lost from work or school or household duties, then you’ll want to see a lawyer about possibly representing you in a claim against anyone else who may be responsible for your injuries. However, even if you’re not injured, don’t entirely rule it out as the facts and circumstances surrounding car accidents are always different. It is important to look at the degree of the car accident and use your best judgment. A simple fender bender where no occupants are hurt can usually be appropriately handled through your insurer. Anything other than that deserves a bit more thought – especially in this litigious environment.
When to run to an attorney and when to walk. Contacting an attorney who deals with personal injury (especially relating to auto accidents) can provide you with the peace of mind that no stone gets left unturned. Here are some tips for when you should run to an attorney and when you can just walk:
Run to an attorney when:
* An injury has occurred where there has been serious injury (broken bones / hospitalization) or where injuries are likely to be permanent (paralysis);
* A death has resulted from the accident;
* Fault is clearly an issue;
* Other parties were involved such as pedestrians or other autos;
* The accident occurred in a construction area;
* A police report does not accurately describe the accident and puts you at fault;
* Important technical, legal or medical issues are involved;
* The limits of your liability insurance are low,
* You have no insurance,, or your insurance company suggests that you did not pay your premium.
* Your insurer starts “acting funny.”
* Your insurer involves its own attorney (in this case, sprint!).
Walk to an attorney when:
* Seeking advice on the settlement value of a claim (while not an exact science, attorneys may be able to provide best and worse case scenarios);
* Unsure if other insurance (homeowners, travel, etc.) may be available;
* Fault may be an issue;
* Determining whether your insurer may be acting in bad faith (not looking out for your best interests);
* Seeking information on how to handle negotiations with an insurer;
* You don’t know your rights;
* Confused over the terms of your policy;
* Needing an expert to review confusing paperwork or forms.
When to run to an attorney and when to walk. Contacting an attorney who deals with personal injury (especially relating to auto accidents) can provide you with the peace of mind that no stone gets left unturned. Here are some tips for when you should run to an attorney and when you can just walk:
Run to an attorney when:
* An injury has occurred where there has been serious injury (broken bones / hospitalization) or where injuries are likely to be permanent (paralysis);
* A death has resulted from the accident;
* Fault is clearly an issue;
* Other parties were involved such as pedestrians or other autos;
* The accident occurred in a construction area;
* A police report does not accurately describe the accident and puts you at fault;
* Important technical, legal or medical issues are involved;
* The limits of your liability insurance are low,
* You have no insurance,, or your insurance company suggests that you did not pay your premium.
* Your insurer starts “acting funny.”
* Your insurer involves its own attorney (in this case, sprint!).
Walk to an attorney when:
* Seeking advice on the settlement value of a claim (while not an exact science, attorneys may be able to provide best and worse case scenarios);
* Unsure if other insurance (homeowners, travel, etc.) may be available;
* Fault may be an issue;
* Determining whether your insurer may be acting in bad faith (not looking out for your best interests);
* Seeking information on how to handle negotiations with an insurer;
* You don’t know your rights;
* Confused over the terms of your policy;
* Needing an expert to review confusing paperwork or forms.
What to do in Event of an Auto Accident
At some point in your life, you will probably be involved in a car accident. It may simply be a bump in the parking lot, or you could end up in a more serious accident where people are injured. In any case, knowing how to react to a car accident will improve the outcome for everyone involved. If you or someone you love was involved in a car accident, fill out this simple form for a free case evaluation.
You may be wondering, "Why do I need to know what to do if I'm in a car accident?" If you do not follow the proper procedure, your insurance company could refuse to pay your claim. In addition, you could face fines if you do not follow legal procedures. Being aware of the steps to follow will help you when you file police reports and when you file for insurance compensation.
As a precautionary measure, keep first aid supplies and an emergency kit in your car. Flares, a bright orange vest, a cell phone, and a disposable camera are all helpful objects to have in case of an accident.
* If you are in a moving vehicle when an accident occurs, immediately and safely pull over to the side of the road, turn off your car, and turn on your hazard lights. Check to see if anyone is hurt. If there is an injured person, do not move them until you take standard first aid measures. Place flares, cones, or triangles alongside the road a few hundred feet before the accident so traffic is aware that there is an accident ahead.
* Call 911 and inform them of any injuries. If you are on a freeway and do not have access to a cell phone or telephone, check for a roadside phone that you can use.
* Trade information with everyone involved in the accident. Be sure to exchange the following:
o Name, address, phone number of all drivers
o Name, address, phone number of all passengers or witnesses
o Driver's license numbers and license plate numbers
o Insurance companies of all drivers involved
o Registered owners of all cars
o Year, model, make, etc. of all cars involved
* Do not discuss what happened with anyone else but the police. Do not say that it was your fault, and do not make accusations. These comments may be used against you later. If time and accident conditions allow, take notes about your perception of what happened.
* Immediately report the accident to your insurance company, and to the police if there is over a certain dollar amount in damages (depending on your state). You may find that the other driver has filed a report stating that the accident was your fault.
* If you have or suspect an injury, visit a doctor right away.
Following these simple steps will keep the accident scene as safe as possible, and will help to ensure that no one has to bear unnecessary blame. The next time you are involved in an accident, whether it be a fender-bender or a rollover, don't panic. Now you know the proper procedure for dealing with this type of situation.
You may be wondering, "Why do I need to know what to do if I'm in a car accident?" If you do not follow the proper procedure, your insurance company could refuse to pay your claim. In addition, you could face fines if you do not follow legal procedures. Being aware of the steps to follow will help you when you file police reports and when you file for insurance compensation.
As a precautionary measure, keep first aid supplies and an emergency kit in your car. Flares, a bright orange vest, a cell phone, and a disposable camera are all helpful objects to have in case of an accident.
* If you are in a moving vehicle when an accident occurs, immediately and safely pull over to the side of the road, turn off your car, and turn on your hazard lights. Check to see if anyone is hurt. If there is an injured person, do not move them until you take standard first aid measures. Place flares, cones, or triangles alongside the road a few hundred feet before the accident so traffic is aware that there is an accident ahead.
* Call 911 and inform them of any injuries. If you are on a freeway and do not have access to a cell phone or telephone, check for a roadside phone that you can use.
* Trade information with everyone involved in the accident. Be sure to exchange the following:
o Name, address, phone number of all drivers
o Name, address, phone number of all passengers or witnesses
o Driver's license numbers and license plate numbers
o Insurance companies of all drivers involved
o Registered owners of all cars
o Year, model, make, etc. of all cars involved
* Do not discuss what happened with anyone else but the police. Do not say that it was your fault, and do not make accusations. These comments may be used against you later. If time and accident conditions allow, take notes about your perception of what happened.
* Immediately report the accident to your insurance company, and to the police if there is over a certain dollar amount in damages (depending on your state). You may find that the other driver has filed a report stating that the accident was your fault.
* If you have or suspect an injury, visit a doctor right away.
Following these simple steps will keep the accident scene as safe as possible, and will help to ensure that no one has to bear unnecessary blame. The next time you are involved in an accident, whether it be a fender-bender or a rollover, don't panic. Now you know the proper procedure for dealing with this type of situation.
How A Car Accident Lawyer Can Help You
If you've been in a car crash, the consequences can be life-altering.
A good car accident injury lawyer can make a difference in your recovery.
Use this resource page to do your research.
You can learn more about car accidents, read breaking news & warnings, and find answers to frequently asked questions.
Now you can get complimentary information on the legal process and step-by-step answers to your questions about negligence lawsuits.
No matter what type of car accident you were in, you can see if you may qualify for a lawsuit, get a free case review, and do research for free.
A good car accident injury lawyer can make a difference in your recovery.
Use this resource page to do your research.
You can learn more about car accidents, read breaking news & warnings, and find answers to frequently asked questions.
Now you can get complimentary information on the legal process and step-by-step answers to your questions about negligence lawsuits.
No matter what type of car accident you were in, you can see if you may qualify for a lawsuit, get a free case review, and do research for free.
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