Archives January 2022

Common Mistakes You Want to Avoid in an Auto Accident Claim

After a car accident, if you suffer physically, mentally, and financially, as per the law, you deserve to be compensated for those losses. However, settling a car accident claim is not easy. The process is lengthy and can drain you, especially if you are also dealing with injuries on the side. For people who choose to go through the process without a car accident lawyer, it is tough for them to figure out what to do, which can lead to mistakes. Here are some of those common mistakes you need to avoid jeopardizing your accident claim.

Not Getting Medical Attention

One of the first things you need to do after being involved in an accident is to get medical attention. That way, you can receive treatment for your injuries before they worsen. In addition, medical records are also part of the evidence. If you delay getting treatment, the insurance adjuster and the driver at fault can easily claim that you were not injured in the accident and that any injuries you have came from somewhere else. You can avoid such bogus claims by seeing a doctor immediately. Most importantly, some injuries like internal bleeding may not be apparent immediately. Going to the hospital allows the doctor to examine you and rule out such risks.  

Not Documenting the Accident

If you can, try and document the scene of the accident, as it will help with your claim. The photos and videos you take are the evidence your attorney will need when making a claim. You can photograph the injuries, damage to the vehicle, traffic lights, or signs around the area and take witness statements and information. It may seem like a lot, but if you can, document all that. You do not want to leave any loopholes that can be used against you.

Failing to Call the Police

Always call the police after an accident where you have suffered losses and plan to file a claim. Even if the other party insists on settling the matter without the authorities, they do not agree. Traffic police have been trained to investigate the scene of an accident, collect evidence, identify witnesses, among many other things. Plus, you will need that police report to establish liability.

Not Hiring A Lawyer

You may think that your insurance company is on your side, till the day you get into an accident. At the end of the day, insurance is business, and they are protecting themselves. That is why it is crucial to have a skilled car accident lawyer representing you. The lawyer can guide you in filing the claim, negotiate for reasonable compensation, and ensure no mistakes are made. They will also help you collect any evidence that can support your case. If the issue goes to court, your lawyer will represent you.

Accepting a Quick Settlement

If you sustain severe injuries from the accident, your medical bills are likely to be high. On top of that, you may need ongoing medical care before you are completely healed, which is not cheap. During this time, you are stressed and vulnerable, which some insurance companies can take advantage of. Try not to accept a quick settlement without doing your due diligence. Some insurance companies can offer you a low settlement, and once you accept it, your file is closed, and you cannot go to court. Take your time first and seek legal counsel. The attorney will handle the negotiations for you.

All the mistakes listed above can be avoided by hiring a car accident lawyer. They have been doing this for a long time and have perfected the skills of negotiating for a good settlement.

How Much Is a Personal Injury Case Worth?

After a car accident, the chances are that you will suffer physical, emotional, and financial damage. A common question that most victims ask is how much is my personal injury case worth? It may sound like a simple question with a straightforward answer, but it is not. For once, each car accident case is different, producing different outcomes. That means there is no one standard amount one can get. And while some damages are easy to quantify, such as medical bills, how do you quantify pain and suffering?

Deciding on The Value of a Personal Injury Case

The worth of a personal injury claim is determined by the damages involved. Here are the different types of damage commonly found in personal injury cases.

Medical Expenses

A personal injury case will always involve injuries, hence the name. That means the victim will go to the hospital to receive medical care. One has to be compensated for the medical costs they will incur, including future treatments or medical care needed because of an accident.

Pain and Suffering

Victims may be entitled to compensation for the pain and suffering they went through after the accident. Basically, pain and suffering are the loss of happiness and comfort that results from an accident.

Property Loss

This falls under damaged property, whether it is a car, motorbike, or any other item. Victims are entitled to compensation for the cost of repairing or replacing the damaged items from the accident.

Income

If the accident affects your income, you are entitled to compensation for the lost income. This also includes money you would have made in the future were it not for the accident. In legal terms, this falls under a victim’s loss of earning capacity. 

Emotional Distress

Emotional distress often results from severe accidents. Besides the physical pain, you can seek compensation for the emotional distress or the psychological impact of the accident. Some signs of emotional distress include fear, anxiety, depression, stress, or even post-traumatic stress disorder (PTSD). At times, emotional distress can be classed as pain and suffering.

Loss of Consortium

Loss of consortium damages is related to the effect of a victim’s injuries on the people closely associated with them, e.g., a spouse. For instance, if an injury has caused you to lose companionship with your spouse, you may be eligible for compensation.

Loss of Enjoyment

These are damages that prevent you from enjoying your usual pursuits like exercising, hobbies, and other recreational activities.

Most people are often not aware of the extent of their damage. In most cases, they only consider present injuries and property damage. Visiting the law offices of Steve Gimblin can help you figure out how much your injury case is worth.  

A Plaintiff’s Action Can Also Affect the Settlement Awarded

Even if you have been injured in an accident, the role you played in the accident can reduce the amount of compensation you get. Here are some basic negligence rules that can affect the amount awarded.  

  • Contributory negligence: A few states are strict when it comes to this, where the defendant is not allowed to get any compensation for the accident if they are found to be partially responsible for the accident.
  • Comparative negligence: If you are found to be partially responsible for the accident, the compensation you get is also reduced. So, if the investigation finds you are 20% responsible for the accident, the compensation to be awarded is reduced by 20%.

Before a victim is awarded a settlement for a personal injury case, there is so much to be considered. A process you may assume will take at most a month may even take a year. Working with a personal injury lawyer is always recommended. After analyzing your case, they can prepare you for the amount you can expect, and they can also push for a speedy process.

Avoid These Three Actions After a Car Accident

Automobile accidents are not an uncommon occurrence in the U.S. According to the Centers for Disease Control and Prevention, they are one of the top causes of death. 

Furthermore, statistics show that there are approximately six million vehicular wrecks each year. If you ever find yourself involved in one, there are certain things you should never do.

1. Leave

Don’t drive away from the scene of the accident! This is usually illegal as well as unsmart and may cost you in the future if you have to find an accident lawyer Columbia MD, and go to court.

2. Confess

Avoid incriminating yourself regardless of whether you are at fault or not. This does not mean you should lie about what happened; honesty is the best policy. However, it is not good to outright admit fault as your insurer may try to use it as grounds to deny your claim. 

3. Forget

There are certain things you need to do in the wake of a car accident that you should not forget. Do not neglect to document the scene of the accident; photographic evidence, the other driver’s information (phone number and insurance details) and written testimonies are important for filing insurance claims. Remember to inform the proper authorities, a.k.a., the police. According to Maryland law, if there is death, injury or property damage resulting from the accident, you must notify the police. Even if the accident does not involve these, it is still a good policy to call them. The police will also document the incident and their report may benefit you later when you are dealing with your indemnifier or if you end up in court. 

A wreck can be a shocking and traumatizing experience, and it can be difficult to know what to do. It is important to keep these things in mind though as doing so may reduce hassle in the long run.