When Should I Get An Attorney for a Car Accident?
Auto Accident > When Should I Get An Attorney for a Car Accident?
When Should I Get An Attorney for a Car Accident?
After an accident, car accident victims are often left to deal with serious injuries and rising medical bills on their own. Insurance companies often offer accident victims a low-ball settlement that is just a fraction of what they need to recover. These insurance companies don’t have your best interest in mind—the only people they have in mind are their shareholders and reducing their liabilities. They may pressure accident victims into signing a settlement too quickly and you could end up with less than you need to cover your injuries.
The moment your accident occurred, a clock started ticking. It’s a countdown to the first financial hit coming your way as a result of your injuries. For most folks, that first hit is a missed paycheck. Then the first medical bill comes in, and there won’t be just one. Pretty soon, you find yourself with a financial problem that you don’t know how to solve.
That’s why it’s important that you call one of our experienced car accident attorneys as soon as possible following your accident. This ensures that our team can collect important evidence and witness accounts that could be lost over time. It also allows our legal team to go to work quickly to build a strong case for you. The sooner you call, the sooner you can get the compensation you deserve for your accident.
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Steps to Take After a Car Accident
Immediately after you are injured in a car accident, there are steps you can take to help you collect the compensation you need.
Call 911 – Call 911 and report your accident, which helps alert both police officials and emergency medical teams to the scene of the accident. Your police report and your medical report will be invaluable when establishing fault and liability. Without them, it’s just your word against theirs.
Gather Evidence – Gathering evidence can be done easily now that we have smartphones. Snap pictures of license plates, eyewitness information, vehicle damage, traffic patterns, intersections, and any other important information that could help your lawyer establish fault.
Contact a Lawyer – Insurance companies will always seek to reduce their liabilities by offering accident victims a low-ball settlement offer. This is usually a fraction of what you need to recover. Contact an experienced car accident attorney immediately to begin building your case. Remember, contacting an attorney is not the same thing as filing a lawsuit.
What Not to Do After a Car Accident
While it’s important to know what to do after a car accident, it’s equally important to know what NOT to do. Immediately after your accident, avoid making these serious car accident mistakes.
Not Reporting Your Accident – Sometimes it can be tempting to just exchange information with the other driver and go on your way, especially if you don’t believe you’ve been injured. Unfortunately, some car accident injuries can take days and even weeks to become fully apparent. Always report your accident and obtain a police report.
Admitting Blame – It’s human nature to apologize – even when we are not wrong. Yet after a car accident, saying “I’m sorry” can be used to show that you admitted fault for the crash. Even if you believe that you were partly to blame, do not admit fault.
Accepting Settlement – The insurance company will often use a “take it or leave it” approach to pressure injured accident victims into accepting a settlement that is far below what they need to truly recover. Don’t sign anything without first speaking with an attorney.
What is the Statute of Limitations?
In the state of Arkansas, car accident victims only have three years from the date of the accident to file a claim. While this may seem like a lot of time, three years can pass quickly after a crash. You may be injured severely and focused on recovery and on improving your life. You may be struggling to make ends meet and trying to help your family stay out of bankruptcy after an accident. During this time, valuable evidence might get lost or even destroyed. Contact an experienced lawyer for your car accident immediately to begin building your case and to avoid missing any critical deadlines.
If you’ve been injured in a car accident, don’t wait to get the legal help you need. Call our car accident attorneys today for a free consultation. We’re ready to help you get maximum compensation for your injury claim.
When to Call a Lawyer
Not everyone who has been involved in a car accident will need to seek legal representation. However, if your accident was severe or complex, then it’s necessary to call a lawyer as soon as possible, so they can begin building your case. If any of the following apply to your situation, call a lawyer right away:
Any accident that causes significant injury to you or someone else
Any accident where fault is not clearly established
Any crash involving another motorist, such as a pedestrian, other cars, truck, or cyclist
Any collision in a school zone
Any crash in a construction zone or work zone
Anytime you disagree with the police report
Any crash involving an underinsured or uninsured driver
Anytime insurance companies send mixed messages or offer confusing answers to liability concerns
Small fender-benders often will not require the assistance of an attorney, however, there are special circumstances where an attorney’s services could be invaluable after a minor crash. These include:
Minor collisions that result in significant vehicle or property damage
Any injuries to a passenger in your own vehicle or to yourself
Any significant work missed by you or your passengers
Problems dealing with car repairs and insurance limits
The sooner you contact an attorney, the better. In the state of Arkansas, you only have three years to file a personal injury claim. While that may seem like a lot of time, valuable evidence can be lost or destroyed in just a few weeks. That’s why injured accident victims should call an attorney as soon as they are able, even if they’re not certain they wish to file a lawsuit.
Our lawyers offer a free consultation and review of your case and we can help you choose the legal path that is best for you and your family. Call us today at (800) 434-4800 to learn more.
What to Provide Your Lawyer
Make sure your meeting runs smoothly by providing your lawyer with the following information:
Contact information
Key facts about your case
Police report
Medical records
Financial documents or medical receipts
Photos of accident scene or damage
Witness contact information and statements
When to File A Claim
Once you’ve met, your attorney will investigate all aspects of your case and begin negotiating with the insurance company. Remember, a personal injury claim is different from a personal injury lawsuit. A personal injury claim is between you and the at-fault driver’s insurance company and involves a series of negotiations. At Rainwater, Holt & Sexton, our Arkansas personal injury lawyer are skilled negotiators who obtain maximum compensation for our injured clients.
If the insurance company plays hardball, however, you may need to file a personal injury lawsuit against the negligent party to seek damages. This often occurs when the insurance claims adjuster denies who was at fault for the accident or doesn’t agree with the severity of your injuries. When negotiations stall and a settlement cannot be reached, the next step is a personal injury lawsuit.
Benefits of Hiring an Attorney
It may seem easier to handle the aftermath of a car accident by yourself. Yet nothing could be further from the truth. Hiring an attorney can make your life and your recovery process easier and prevent unscrupulous insurance adjusters from taking advantage of you. Some of the benefits of hiring an attorney include:
Taking on the Insurance Company – insurance companies don’t always play fair. That’s why you need an experienced Arkansas car accident attorney to fight for you during this time. Your lawyer can take on the insurance company and ensure that they are not acting in bad faith.
Filing Necessary Paperwork – filing a car accident claim and filing a personal injury lawsuit involve paperwork and forms. These forms must be filed properly and on-time to ensure that your case proceeds accordingly and so you obtain a favorable outcome. Improperly filed forms or failure to file the necessary paperwork can add lengthy delays to your case and prevent you from receiving the money you need.
Not Missing Deadlines – a car accident attorney will make certain that you do not miss any critical deadlines, such as the statute of limitations. In some cases, accident victims only have a small window to file a claim, so your attorney will act quickly to meet these deadlines and protect your rights to compensation.
Increased Compensation – those who call a lawyer receive more compensation than those who do not. Lawyers know how to build a case to show the insurance company just how much money you need to recover. They aren’t afraid to go toe-to-toe with large insurance companies and they will fight to make sure ALL of your medical expenses are considered – both now and in the future.
Contingency Basis – most car accident lawyers work on a contingency basis. This means that you owe them nothing unless they win or settle your case. Any injured accident victim can seek justice after an accident – not just those who can afford it.
Thorough Investigation – attorneys have extensive experience investigating car accidents. They often use accident recreation teams, forensic specialists, and experts to uncover all liable parties, even ones not listed in the police report, such as the car manufacturer, the city responsible for maintaining the roads, or the bar that served the intoxicated driver.
We’re There When You Need Us
Being involved in an accident can be a traumatic experience. Injuries can easily derail your entire life and result in permanent and lifelong disabilities. When you’ve been injured in an accident, you need an experienced law firm on your side from the very beginning.
With seven offices conveniently located throughout Arkansas and Tennessee—Little Rock, Springdale, Conway, Hot Springs, Jacksonville, Bryant, and Memphis—our car accident lawyers are easily accessible when you need help. Contact Rainwater, Holt & Sexton Injury Lawyers today.
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Serving Injured Victims for 60+ Years
Getting into a car accident can be a frightening and devastating experience, especially if you have been injured. If your loved one has been involved in a tragic auto accident, your main focus may be comforting your family or being there for the injured victim, not hiring a car accident lawyer. At this time, thinking about recovering compensation from the insurance company may seem stressful and the last thing you need to be worried about.
If you or someone you love has been injured in a car crash, an experienced car accident lawyer at Munley Law Personal Injury Attorneys is ready to fight for you today. Let our auto accident attorney take this heavy load off of your shoulders, so you can focus on healing both physically and emotionally. Call or chat today or use our online form to schedule your free consultation.
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Why Do You Need a Car Accident Lawyer?
After you’ve been in a car accident, you might be wondering what your next step is in order to receive compensation. Our personal injury lawyers understand that auto accident victims will want to prioritize their mental health and physical health and not focus on dealing with the insurance company. An experienced car accident attorney will take the weight off of your shoulders by handling the insurance company and your claim, all while you focus on getting yourself better. Of course, our car accident attorneys will fight to award you a fair settlement for your car accident claim.
When you or someone you love has been injured in a car accident, your choice of an auto accident lawyer matters greatly. The car accident lawyers at Personal Injury Attorneys have consistently been recognized among the Best Lawyers in America, Pennsylvania Super Lawyers, and were named among the Best Law Firms in our region by U.S. News and World Report. For over 60 years, our experienced attorneys have built a reputation for excellence in the legal profession. When you work with us, you can be confident that your car accident case is in the best possible hands.
What Does a Car Accident Lawyer Do?
Whenever you have to deal with legal matters — be it signing a contract, handling an estate, or filing a car accident insurance claim — it’s always best to speak with an experienced car injury attorney. After a car accident, you have more pressing concerns to deal with, such as medical expenses, loss of income, and recovery from your injuries, than that of negotiating for a fair settlement with the insurance company.
This is why you need someone by your side to help you with your car accident claim.
Listen to your Story
The first step when working with our auto accident lawyers is taking advantage of a free legal consultation. This is your opportunity to tell your story and ask questions about what happens next. We will answer your questions, evaluate the facts of your claim, and recommend whether or not to move forward with a case.
Investigate Your Car Accident
Our car wreck lawyer works with investigators, police, and professional reconstructionists to understand exactly what happened in your crash. We collect important evidence including photos from the crash scene, witness statements, surveillance footage, cell phone records, and more.
Prove Negligence
In order to win you justice, your injury attorneys will be tasked with proving the other driver’s negligence. In a personal injury lawsuit, there are four elements we must prove:
Duty – The defendant owed the plaintiff a duty of care. In car accident cases, all drivers have a duty to operate their vehicles in a reasonably careful manner and to follow the rules of the road.
Breach – We must demonstrate that the defendant breached their duty by breaking the law and/or behaving recklessly.
Causation – We must then show that the defendant’s actions resulted in a crash that caused you to suffer injuries.
Damages – Finally, we must prove that you suffered economic and noneconomic damages as a result of your injuries.
Negotiate with the Insurance Company
Your legal team will work with experts to calculate the full scope of your damages to ensure that you receive every dollar you deserve. This includes not only your existing medical bills and lost wages but all the other ways that you will continue to pay for your injuries in the future. Once they know how much compensation you are owed, they will begin negotiations with the insurance company.
The car crash lawyers at Personal Injury Attorneys have decades of experience fighting against insurance companies who would attempt to settle claims for less than what victims deserve. We will negotiate with them on your behalf, and we will never accept an offer of settlement without your consent.
Fight for you at Trial
If the defendant’s insurance refuses to agree to an appropriate settlement, we have no problem taking your case to trial. Our attorneys are experienced courtroom advocates and we will be fully prepared to present your case to a jury.
How Much Does Cost to Hire a Car Accident Lawyer?
At we believe that all people should have equal access to the justice system, regardless of income. That’s why our auto accident lawyer does not charge a fee for our services unless we win your case. We cover all the upfront costs so that you don’t have to pay anything out of pocket. Our contingency fee (a percentage of the car accident settlement or verdict we obtain for you) will never exceed the total amount paid to you.
If we are unable to produce results for your car accident case, you owe us nothing. We want to make this hard time easier for you, not harder. That is why we do not have any fees unless your personal injury claim is won.
What Can I Recover for My Car Accident?
At Munley Law Personal Injury Attorneys, we help car accident victims file personal injury lawsuits to recover compensation for damages sustained in a car crash. Compensation can include both economic and non-economic damages.
Present and future medical bills
Lost wages and lost earning capacity
Rehabilitation and physical therapy
Mental anguish and emotional distress
Loss of enjoyment of daily activities
Loss of consortium/ loss of companionship
We also help our clients pursue wrongful death claims against at-fault drivers in order to get justice for their loved ones and provide future security for their families.
What Injuries Can I Receive in a Car Accident?
Car accidents can lead to serious and even life-threatening injuries, such as:
Traumatic Brain Injuries – The impact of a car crash can result in traumatic brain injuries. The head striking the windshield can result in a skull fracture or concussion. Even the rapid back-and-forth motion of the head and neck in a collision can cause serious damage to the brain. Brain injuries can take many months or years of recovery and may even cause permanent damage.
Broken Bones – Car accidents can result in broken ribs, arms, legs, and other fractures. Broken bones can require multiple surgeries and cause internal damage.
Neck and Back Injuries – Car accident injuries can cause long-term neck and back pain that can prevent you from working and enjoying the activities that make up your daily life. Neck and back injuries can include whiplash, nerve damage, disc problems, spinal fractures, and more.
Lacerations and Scarring – The broken glass that often accompanies car accidents can result in cuts and lacerations. If these affect the face or other parts of the body, scarring can involve both physical and emotional pain.
What Causes Car Accidents?
According to the National Highway Traffic Safety Administration, there are more than 35,000 fatalities and hundreds of thousands of injuries each year caused by motor vehicle accidents. It is likely that everyone will be involved in a car accident at least once in their lifetime. There are many types of car accidents and they can have several causes, but the most common cause of car accidents is human error.
These causes of car accidents include:
Distracted Driving
The number one cause of car accidents in the U.S. today is distracted driving. The number of deaths caused by distracted driving is rising each year.
Any time you take your eyes off of the road ahead (visual distraction), your hands off the wheel for any reason (manual distraction), or if your mind starts to focus on something other than driving (cognitive distraction), you are putting the lives of other drivers and their passengers in jeopardy.
With distracting technology, such as texting on a cell phone or changing the music on the radio, and distractions along the road, such as bright billboards, many factors can take your attention away from the road.
Drowsy Driving
If an individual drives while they are fatigued, their driving skills and judgment can be significantly impaired. Driving while drowsy is proven to affect drivers similarly to driving under the influence of drugs or alcohol, and poses a major danger to the individual behind the wheel and other drivers.
According to the Centers for Disease Control and Prevention, being awake for 18 hours or more is similar to having a blood alcohol level of 0.05% or more. Those whose professions require driving late at night or for long periods of time, such as commercial drivers, shift drivers, or ridesharing drivers, are at higher risk for unintentionally driving while fatigued.
Drunk Driving
Driving while intoxicated is the cause of approximately one-third of all car accident fatalities, with more than 10,000 or more deaths due to drunk drivers each year. In the United States, it is illegal to drive with a 0.08% blood alcohol concentration. Driving past this limit seriously affects visual function, reduces coordination, impairs the perception of objects and speed, and therefore impairs overall vehicle control.
Drunk driving is completely preventable, yet there are still 52 deaths per minute attributed to driving while intoxicated.
Speeding and Aggressive Driving
Driving at excessive speeds and aggressive driving is one of the top reasons for fatal car crashes in the United States. While exceeding the speed limit accounts for one-third of all auto accident fatalities, driving unreasonably fast for certain conditions also contributes to these speeding car accidents.
Speeding during heavy downpours, snowstorms, and congested traffic, for instance, pose a deadly threat to other drivers, pedestrians, and the driver themselves. Individuals who drive aggressively put everyone else on the road in danger. Aggressive driving includes erratic driving, “brake checking”, illegal passing, and weaving aggressively in and out of traffic.
Poor Weather Conditions
Driving during poor weather conditions significantly increases your chances of a car accident. Certain weather conditions such as ice, fog, snow, and rain will force drivers on the road to slow down and drive cautiously.
Unfortunately, while most drivers adhere to inclement weather conditions, some drivers still drive negligently. Negligent driving during poor weather conditions includes drivers who refuse to slow down, turn on their headlights, or maintain a safe distance from other cars.
How Do I Protect My Claim Following a Car Accident?
What you do after a car accident is important in proving fault for your car accident case. Here are a few things to keep in mind to protect your claim:
Request a copy of the accident report. The police report will have all the information you need about the car crash. The police report will also give the opinions of the police as to what happened and who may be at fault. Your insurance company will use this information when assigning who is at fault.
Contact your own insurance company. Even if you weren’t at fault or if it’s a minor car accident, you must contact your insurance company to let it know you were in a car accident that involved injuries.
Keep a record of all expenses after the accident. Not only should you keep track of medical expenses but also time off from work and property damage.
Make all your medical appointments. It’s very important for you to get healthy which means you have to follow up with your doctor after a car accident. Not only will you get the medical treatment that you need to recover but you will get a better sense of how long it will take to get over your injuries. This will help when determining how much your auto accident claim is worth.
Don’t accept a settlement offer without speaking to us. The first settlement offer is usually the lowest amount the insurance company is willing to go. Never accept a settlement offer from an insurance carrier unless you have consulted with a car accident lawyer.
Call a Car Accident Attorney Today to See Your Rights and Options
Getting into a car accident can be a frightening and stressful experience, especially if you are injured. But before you contact the at-fault driver’s insurance company, you need to contact an auto accident lawyer at Munley Law Personal Injury Attorneys. Our car accident lawyer will guide you through the process and help you obtain a fair settlement for your injuries.
If you or someone you love has been injured in a car accident, our experienced car accident lawyer is ready to fight for you today. Cost is no object when it comes to hiring a top car accident attorney at our firm because we do not collect a fee unless we recover financial compensation for you.
Call today or use our online form to schedule your free consultation.
Frequently Asked Questions About Car Accidents
Q: What if I was the Passenger in a Single Vehicle Accident?
If you were injured as a passenger in a single-vehicle crash, you may be able to seek compensation from the driver of the car if he/she was negligent. To fully understand your legal rights and options, contact Munley Law Personal Injury Attorneys for a free consultation.
Q: What is the Difference Between Full and Limited Tort?
In Pennsylvania, the tort option on your auto insurance policy determines your ability to sue the at-fault party after a car accident. But what is the difference between full tort vs. limited tort?
If you have full tort, you may pursue pain and suffering compensation regardless of the severity of your injuries. Limited tort, on the other hand, limits your right to sue. If you have limited tort, you may only sue the at-fault party for the cost of your medical bills, but not for pain and suffering.
However, there are some exceptions:
If you are hit by a drunk driver
If you are a pedestrian who was hit by a vehicle
If the defendant’s vehicle is registered out of state
If you were riding in a commercial vehicle
If you were riding with a resident relative or spouse who has full tort and you were injured as a passenger in their vehicle
If the defendant is uninsured
If your accident resulted in death, permanent severe impairment of a bodily function, or disfigurement
If you suffer one of the above circumstances, you would effectively “breach” limited tort and enjoy the benefits of full tort.
Q: What if I was Partially at Fault for the Accident?
Laws concerning fault vary by state. In many states, if you are even slightly to blame for the accident that caused your injuries, you are barred from suing the other party. But, Pennsylvania follows a modified comparative negligence rule. This means that if you are less than 51% at fault, you can seek compensation from the other driver. However, your compensation will be adjusted in proportion to your level of blame.
If you are unsure whether you will be found at fault, or you think you were wrongfully blamed for the crash, a lawyer at Munley Law Personal Injury Attorneys can help protect your rights.
Q: Why is My Car Accident Settlement Taking So Long?
When you’re injured and need help paying the bills, you may be waiting for money for a settlement check. But sometimes, it can take a long time to get paid. You may be wondering why your car accident settlement is taking so long.
Depending on the complexities of your case, it can take several months before your settlement is approved. That’s because many factors are taken into account such as how quickly the insurance company is willing to settle your claim, how severe your injuries are, and how complex the accident is. If you have any questions about your settlement, contact our car accident lawyers as soon as possible.
Q: How Long Do I Have to File a Car Accident Claim?
In the Commonwealth of Pennsylvania, you have two years after the date of injury to file a personal injury claim. Although that may seem like a long time, it can go by in the blink of an eye, especially if your days are filled with medical appointments. And, the legal process involved in filing a lawsuit can take time.
Evidence disappears and memories fade. That’s why the sooner you contact a car accident lawyer at Munley Law Personal Injury Attorneys for your claim, the more likely you can collect compensation for your injuries. Call now to schedule a free consultation with our auto accident attorney today.
Even if you think it’s too soon to know whether you have a case, an attorney at Munley Law Personal Injury Attorneys will listen to your story and advise you about what to do next.
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Houston Non-Injury Car Accident Lawsuits
You’re one of the fortunate ones if a family member or you were in an accident and didn’t sustain major injuries. The majority of vehicle claims involve injuries sustained as a result of the incident. However, even though you were not affected by a physical injury, it does not exclude you from seeking reimbursement for other losses.
Accidents involving automobiles occur on a daily basis. Car wrecks are serious events, whether they result in significant injuries, mild injuries, or no injuries at all. Non-injury automobile accidents are usually settled out of court, but if the insurance provider tries to offer you far lower than you want, you may want to think about filing a case with the court.
What Kind of Attorney Do I Need for a Car Accident With No Injuries?
You may believe that you do not require the services of a non-injury automobile accident lawyer. However, it is in your best interest to claim compensation for any damages or repair bills if your vehicle has been ruined.
Your lawyer will assist you in reaching an agreement to cover these costs. It is critical to have a lawyer represent you if any party decides to bring a lawsuit. A non-injury vehicle accident lawyer can assist you to defend yourself if you weren’t injured or at fault in the accident and help you in the following ways:
Determining What Compensation You Are Entitled To
Do you know how much money you may be entitled to following a car accident? Maybe you just got a quote to fix your automobile, or maybe you just got a bill from your post-accident hospital visit. You may be able to sue for a variety of damages depending on the facts of your accident, including:
Medical fees: Lawyers will be able to reasonably predict how much you will incur in the future as a result of the accident.
Lost wages: You can receive compensation for the amount of time you were unable to work due to your emotional or mental trauma.
Reduced earning capacity: If your injury has impacted your ability to work and earn a living, either temporarily or permanently, you can seek damages.
Anguish: You could be eligible for tens of thousands of dollars in damages for misery and anguish.
Damages: If the lawyers can establish that the other driver was acting carelessly or deliberately, you can seek compensatory damages even without an injury.
Dealing with the Insurance Company
Dealing with the insurance company is essential for obtaining a satisfactory settlement. You’ll need to cooperate with the insurance company’s claims adjuster and provide them solid evidence of your damages during the assessment process.
The insurance provider might agree to pay for your car repairs and restore your vehicle, but they could also provide you significantly less than you require.
In most cases, your non-injury vehicle accident lawyer will represent you in negotiations and fight for the money you are entitled to, so you wouldn’t have to worry about dealing with the insurance agents to get a favorable outcome.
Lastly, if the insurance company is unable to resolve your insurance claim, you will most likely need to launch a lawsuit. Litigation is time-consuming, costly, and unpleasant. You will almost certainly be required to give a deposition. Although going to trial is unlikely, if you do need to file a claim, an experienced automobile accident attorney can help in this process.
If You Were Involved in a Non-Injury Lawsuit, Call Houston Personal Property Attorney
You are likely to go through a long procedure to obtain compensation for your damage claim. Getting a non-injury vehicle accident lawyer can make things easier for you by assisting you in assessing your existing and potential damages as well as determining your legal rights. Unfortunately, our firm does not handle non-injury / personal property only claims.
However, if you’ve been injured by the negligence of another, you could hire any car accident attorney in Katy, TX, or you can hire a certified auto injury lawyer in West Houston. Joe Stephens has been defending injury victims in Texas for over 3 decades from negligent individuals, companies, and greedy insurance companies. As a local auto wreck lawyer in Katy, TX, Joe handles all cases personally, and his staff is always available to answer questions.
The Car Accident Lawyers handles auto accident lawsuits across Texas, including these Houston cities.
Call Us Today at 281-623-1701. You Only Pay If We Win!
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Automobile Accidents
According to the Utah Department of Public Safety, there were over 61,000 automobile crashes in the state during 2021. Close to 27,000 people sustained injuries, and more than 300 people died in those collisions.
The laws governing compensation for damages resulting from car accidents are confusing to most people. Accident victims without legal representation in these claims typically recover much less than those with an experienced car accident attorney on their side.
can help you with your car accident claim. Our attorneys understand the complex laws and how to navigate them to our client’s advantage. We also know the tactics used by insurance companies to avoid paying claims, and we won’t let them get away with paying you less than you deserve.
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Many Utah based law firms charge $300 — $400 / hr to talk on the phone.
With Siegfried & Jensen, your first call is completely FREE and we can usually tell you right over the phone if you have a case or not.
There’s no commitment and no pushy sales tactics. Just friendly, English speaking, Utah-based people that can answer your questions…for FREE.
All you have to do is click the button below to schedule your call today.
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When deciding to go with an auto accident attorney it is essential to go with a law firm that has experience handling your type of case. We’ve handled more than 34,000 cases, and you learn a lot by doing something complicated tens of thousands of times.
$1 BILLIONFOR OUR CLIENTS
When you’re in a car accident there are a lot of bills that people weren’t planning on having to pay. That’s why the $1 billion dollars that we’ve won for our clients has been so important. It represents thousands of people who got their lives back.
30 YEARSIN BUSINESS
Even more importantly, it’s crucial to work with a law firm that has years of experience. In our 3 decades of business, we have won hundreds (sometimes even thousands) of cases against almost every major insurance company out there. We know what we’re doing.
You only pay if we win you money — that’s our “Risk-Free Guarantee.” Which means you’ll never pay out of pocket for anything
Remember: with Siegfried & Jensen, your first call is 100% FREE and we can usually tell you right over the phone if you have a case or not.
On top of that, you’ll be protected by our “Risk-Free Guarantee.”
It’s very simple: we don’t get paid unless we win you money.
We are so confident in our ability to win that if we don’t get you money then we don’t get any money.
You never have to come out of pocket for anything. Even a homeless person can hire Siegfried & Jensen as their auto accident attorney (in fact they have).
Sound too good to be true? It’s not.
The reason we are so confident is that we have done this over 34,000 times, have a 97% success rate and have won over $1.2 billion for our clients.
We have no hesitation in banking the success of our business on the successes we get for our clients.
The bottom line? There is literally no downside to seeing if you have a case.
The call is FREE. The consultation is FREE. The first meeting with your attorney is FREE and there’s no obligation to hire us by taking advantage of this FREE offer.
Isn’t legally fighting an auto insurance company really hard?
Yes, it is.
Which is why, if you want to work with us, we will take care of all the hard work.
Forms, paperwork and waiting on hold? We’ll take care of that.
Fighting with adjusters and trained negotiators? That’s what we do best!
Your main job is to get better and heal from the car accident.
Let us do the heavy lifting so that you can heal and start getting back to how life was before the accident.
You will have an important role to play in this process: getting better. Your health is the most important part of this journey. While we’re doing most of the hard work it is just as important for you to get some rest and recover.
We’ll keep you updated throughout the process and when everything is resolved, we’ll come back to you with the settlement money you deserve.
9 times out of 10, you WON’T have to go to court
Don’t want to go to court?
No problem. 9 times out of 10 we can get you money without having to go to court.
When the insurance company picks up the phone and we’re on the other end they get serious real fast. They want to avoid going to court almost as much as you do.
Going to court is expensive, time-consuming and there’s no guarantee that they’ll win.
It is often much better for them to offer a fair settlement without going to court than it is for them to lose the case in court and have to pay the claim anyway.
“I’m not the type of person that would sue someone. I’m not looking to get rich off of this accident.”
You are not suing a person, you are suing the insurance company.
People pay car insurance premiums for their entire life to provide protection for themselves and others from the results of an automobile accident.
However, once that accident happens many insurance companies make it difficult for you to get even a fraction of what you need to put your life back together.
You are not ruining someone’s life so you can get rich. You are holding the insurance company accountable for promises they made to you.
You just want what’s fair. It’s our job to help make that happen.
What should I do next?
To get your FREE consultation simply give us a call at (801) 845-9000 or click on the button below to schedule a time that’s convenient for you. The consultation should only take 7-10 minutes of your time.
Once you get on the phone, our friendly, Utah-based, English speaking staff will ask you a few questions about your car accident to figure out if you have a case. If so we’ll invite you to schedule a time to meet with your attorney for a FREE no-obligation consultation.
What Should You Do After a Car Accident?
Motor vehicle collisions can injure you whether you’re in a vehicle, a motorcyclist, pedestrian, bicyclist, or scooter rider. There are several things you should do immediately after a crash to protect your health and legal situation as well.
Help Other Accident Victims
If your injuries permit, try to provide assistance to others involved in the accident. Even if you can’t actively help them, you’ll have details to give to the emergency dispatcher that might save lives.
Dial 911
You have a legal duty to report the accident. Give the 911 operator details about the number of people involved and the types of injuries they have. These details allow dispatchers to send appropriate first responders to the scene.
Take Photos and Videos
You have a unique opportunity to gather potentially crucial evidence. Use your phone to record the accident scene:
Vehicle placement and damage
Injuries
Skid marks
Witness statements and contact information
Your description of the events leading up to the collision
Conversations you have with other drivers, witnesses, and emergency personnel
Accept a Medical Assessment
Accepting medical treatment is critical even if you believe your injuries aren’t severe. Some injuries develop over time, and an initial assessment can catch them early. In addition, you’ll need these reports to use as evidence in your personal injury claim.
Consult a Car Accident Lawyer
Accident victims can unknowingly damage their cases. Hiring an attorney immediately after your accident can save you from making potentially costly mistakes. The earlier you obtain legal representation, the faster we can get to work gathering evidence and helping you in other ways.
How Can You Damage Your Case?
Many things go into determining the amount of compensation you might receive for injuries you sustain in a car accident, including the types of injuries you have and how significantly they impact your life. There are also things you might do that can affect your assigned percentage of blame for the accident and the perception of how severe your injuries are. Insurance companies may try to exploit these mistakes, so be aware that you shouldn’t:
Admit any degree of fault to anyone
Speak to insurance company investigators or representatives without your attorney present
Stop medical treatments before your doctors release you
Make social media posts about your accident or injuries
Falsify or attempt to hide or destroy evidence
Your car accident lawyer may give you advice specific to your case.
What Utah Laws Affect Car Accident Damage Recovery?
Like every state, Utah has several laws and statutes that govern handling car accident claims. Even though you may not even be aware of these laws, insurance companies are. They can and do use their knowledge to pay those injured in car accidents less than they deserve.
Don’t let that happen to you. Consult Siegfried & Jensen to find out how we can assist you if you’ve been hurt in a car accident, or if a family member lost their life.
Personal Injury Protection Statute
Utah requires drivers to have 25/65/15 minimum liability insurance coverage:
$25,000 bodily injury, per person
$65,000 bodily injury, per accident
$15,000 property damage
You must also have $3,000 in personal injury protection insurance.
Regardless of who causes a car accident, your own PIP coverage pays for medical and injury-related expenses. However, you can seek compensation from another responsible driver if you have specific kinds of injuries, if the expenses exceed certain limits, and in other circumstances.
Your car accident lawyer from Siegfried & Jensen will tell you the legal options you have to recover damages. We will also help you file insurance claims and negotiate to get maximum compensation for you.
Modified Comparative Negligence
There is more than one person responsible for causing many car accidents. Utah is one of many states that uses modified comparative negligence to determine each person’s eligibility to recover compensation for damages.
In Utah:
If the accident is at least 50% your fault, you aren’t eligible to recover damages.
Your degree of assigned fault must be lower than other drivers’ to seek compensation.
Your percentage of fault reduces the amount of compensation you can receive by that same percentage.
Let’s say that parties or the court decide that you are 25% at fault for the accident, and total damages are $100,000. The most you can receive is $75,000 ($100,000 – 25%).
One of the more essential duties your car accident lawyer has is to prove that your responsibility for causing your accident is minimal.
Statutes of Limitations for Lawsuits
You’ll need to file insurance claims within a few days of your auto accident. State laws allow specific timeframes if you need to file an additional personal injury or wrongful death claim. If you don’t file your suit within the allotted time, the courts will likely dismiss it, and you’ll lose the opportunity of receiving compensation.
Any claim against government agencies — only one year after the accident or death date
Personal injury cases — four years from the accident date in most situations
Wrongful death — two years after the death date
Your car accident lawyer from Siegfried & Jensen knows how to file your lawsuit properly, and we will do so before the statute of limitations for your particular case expires. Preparing a claim takes time, so be sure not to wait too long to hire an attorney to represent you.
No Caps for Damages
Car accidents can cause many kinds of harm to victims. Insurance, personal injury, and wrongful death claims seek financial compensation for those damages. Some states put a maximum limit, or cap, on the amount of damages you can recover in car accidents. Utah doesn’t have damage caps for these claims.
What Types of Damages Can You Recover?
Ask your car accident lawyer which of these categories applies to your specific claim.
Economic Damages
Car accident victims often face many expenses directly caused by the crash. Economic damages intend to reimburse you for things like:
Medical bills, including transportation costs, prescriptions, rehab, and necessary medical equipment
Caregiver expenses
Lost wages
Property damage repair or replacement
Keep your receipts for all expenses related to your accident and injuries. You’ll need to prove what you’ve paid or how much you owe. Ask your auto accident attorney if you’re unsure that a specific expense qualifies.
Non-Economic Damages
Many injuries sustained in motor vehicle collisions qualify the victim for non-economic damages. This category typically doesn’t have directly related dollar amounts:
Pain and suffering — physical, emotional, and mental
Permanent disfigurement or disability
Inconvenience
Damage to personal relationships
Loss of the capacity to enjoy life
PTSD
Diminished earning capacity
Future medical expenses
Generally speaking, the worse your injuries and their impact, the more money you’ll get.
Punitive Damages
Punitive damages seek to punish the guilty party for willful misconduct or extreme negligence. Another aim of punitive damages is to deter people from engaging in these behaviors in the future. Not all car accident claims qualify for punitive damages, so ask your attorney if you’re eligible.
Why Do You Need a Car Accident Lawyer?
People pay monthly premiums to your car insurance company to cover them against losses if there’s an accident. You’d think that these carriers would pay claims fairly without someone having to force them, right? Unfortunately, that’s not the case.
Insurance is big business; companies care more about keeping their profits than paying injured accident victims or their families. They often use underhanded strategies and lowball offers to keep from paying any more than they have to.
A competent car accident lawyer will prevent insurance companies from taking advantage of you. When you hire an attorney from Siegfried & Jensen, we will:
File all paperwork for you.
Gather evidence to prove your claim.
Serve as your representative with insurance company investigators and attorneys.
Negotiate with insurance carriers to get the compensation you deserve or take your case to court if necessary.
Focus on business so you can focus on recovering from your injuries and the adverse effects they have on your life.
Don’t feel guilty for expecting insurance companies to pay a reasonable amount for the damages their policyholder caused. You’re not trying to take advantage of the situation, only collect on what’s owed.
Do You Always Need a Car Wreck Attorney?
The law does not require you to hire an attorney when pursuing compensation after a car wreck. Some car accident victims, though, choose to seek legal counsel so that they can focus on their health and recovery while also pursuing legal action.
Not everyone who has been involved in a collision will need legal representation. However, if your car wreck was severe or complex, it is definitely in your best interest to call an attorney as soon as possible.
When to call a car wreck attorney
Determining when you should hire a lawyer after a car accident can be confusing and stressful. In general, it would be wise to consult with a car wreck attorney if any of the following factors apply to your collision:
It resulted in serious injuries to you or someone else
It resulted in significant vehicle or property damage
Fault has not been clearly established
It involved another motorist, pedestrian, or cyclist
It took place in a construction zone, or work zone
It took place in a school zone
It involved an underinsured or uninsured driver
You disagree with the police report
The insurance companies involved are sending mixed messages or not clearly answering your questions
You have the right to hire legal representation at any time throughout the process of making an insurance claim or pursuing a personal injury lawsuit.
Benefits of hiring a car wreck attorney after an accident
In the aftermath of a serious accident, your car wreck attorney will focus on protecting your legal rights so you can focus on your treatment and recovery.
A car wreck attorney can assist you in several key ways:
Explaining your rights: A personal injury lawyer knows the laws and how these pertain to your particular situation. He or she can determine who was at fault and whether negligence led to your accident. After establishing such facts, your attorney can clarify what kind of compensation you are entitled to by law.
Navigating the legal system: Car accident claims typically involve filing a significant amount of paperwork. Your attorney will help you to do this in an organized and timely manner, ensuring that no important deadlines are missed.
Assessing damages: Your attorney can assess your past and current damages as well as evaluate what your future expenses may be. This is critical in pursuing rightful and fair compensation for car accident victims.
Negotiating with insurance companies on your behalf: Insurance companies do not always play fair. A skilled attorney knows how to talk to insurance adjusters. By negotiating on your behalf, he or she can help you achieve a settlement amount that will actually meet your long-term needs.
Representing you in court if necessary: Although most auto accident cases are settled out of court, having a car wreck attorney familiar with your case is invaluable in the event your case goes to trial. Experienced court representation can ensure a more favorable outcome for victims.
You do not always need a car wreck attorney after an auto accident. However, hiring a lawyer can make your life and your recovery process easier. Further, skilled legal representation often results in obtaining maximum compensation for your pain and suffering after a car wreck.
What Is Negligence in Personal Injury Law?
The vast majority of personal injury cases, including car accident claims, rest on negligence. Let’s examine what negligence means from a legal standpoint. In this example, assume that you sustained injuries in a car crash that a driver named John caused. To show negligence, you must prove several things:
John owed you a duty of care (all drivers owe a duty of care to operate their vehicles safely).
John failed to provide the duty of care.
You suffered injuries and accompanying losses.
You would not have sustained these injuries if John hadn’t failed in his duty.
John’s failure directly caused your injuries.
If you think that sounds confusing, you’re not alone. If you don’t have a personal injury attorney on your side, you may not understand how important it is to prove John’s negligence — and your innocence.
Your car accident lawyer knows what evidence to use and how to gather it; we have resources that you probably don’t. Our investigators can:
Speak to witnesses.
Request driver cell phone records to determine if usage contributed to causing the collision.
Obtain surveillance camera footage.
Watch social media accounts to see what the driver posts about the accident or their activities before it happened, such as drinking at a party.
What Are Top Causes of Car Accidents?
Many factors can contribute to causing a car accident, such as the driver’s age and length of time driving, the time of day, weather and road conditions, and mechanical failure. However, human error is typically the most significant reason for car accidents:
Speeding
Weaving between lanes of traffic or other types of reckless behavior
Failing to follow traffic laws
Not yielding the right of way
Fatigued driving
Driving under the influence of drugs or alcohol
Distracted Driving
Many behaviors are considered distracted driving. In this case, a distraction is anything that takes a driver’s attention away from focusing on driving and paying attention to traffic and general road conditions:
Texting, talking on the phone, watching videos, scrolling — most kinds of cell phone usage
Applying makeup, fixing hair, or other types of grooming activities
Searching for something in your car
Interacting with passengers
Daydreaming or looking at the scenery or things other than traffic
Eating or drinking
It only takes a moment for dangerous situations to arise when driving. Taking your attention away from the road to do any of these things may mean you won’t have the time to address sudden changes and avoid an accident.
Aggressive Driving
Aggressive drivers are a hazard to anyone near them on the road. A driver’s blatant disregard for traffic laws, as well as his or her personal safety and that of others, often leads to tragic results. Sadly, aggressive driving is a leading cause of serious car accidents every year.
Common forms of aggressive driving
Aggressive driving is engaging in risky behavior on the road that ignores the safety of others. The most common forms of aggressive driving include:
Excessive speeding
Racing
Tailgating
Failure to obey traffic signs and signals
Weaving in and out of traffic
Driving on the shoulder, sidewalk, or median
Passing where prohibited
Sudden acceleration and deceleration next to another driver
Cutting off other drivers
Yelling at other drivers
Offensive hand gestures
No one deserves to be the victim of an aggressive driver. If you have been hurt in an aggressive driving accident, you likely have legal recourse and can pursue damages for your pain and suffering.
Proving fault in an aggressive driving accident
If you or a loved one has been seriously injured in an accident due to another driver’s aggressive, reckless, or negligent behavior, you may be legally entitled to compensation for your losses. In order to obtain restitution, you will need to prove the other driver was at fault for the crash.
Evidence to prove aggressive driving includes:
Video footage of the accident
Photos of the accident scene
Eyewitness statements
Police reports
Insurance reports
Medical records
Contact an aggressive driving accident lawyer for help
An attorney experienced in handling aggressive driving accidents will be able to assist you in assessing just how deeply the accident has impacted your life and then calculate a fair and accurate settlement amount.
Whether it be by negotiating with an insurance company on your behalf or arguing your case in court, a lawyer is the advocate you need when facing the fallout from an accident. Having a skilled attorney on your side in the aftermath of an aggressive driving accident can bring you peace of mind and let you focus on your recovery.
Going the Wrong Way
A wrong-way driving accident is a collision between two vehicles in which one of them is traveling against the legal flow of traffic. Such accidents are often head-on collisions and can result in devastating injuries.
Why a driver goes the wrong way
Common causes of wrong-way driving accidents include:
Driving under the influence of alcohol or drugs
Drivers suffering from senility or memory loss
Driver inexperience
Distracted driving
Heavy traffic
Reckless driving
Missing or inadequate road signs
Improperly marked construction areas
Inadvertently entering a one-way road
Passing when it is not safe to do so
Falling asleep at the wheel
When a vehicle is driving the wrong way down the road, it is almost always due, at least in part, to the driver’s negligence. Even when signs are missing or traffic patterns are confusing, being attentive can prevent wrong-way driving accidents.
If you encounter a wrong-way driver
If you encounter a wrong-way driver, slow down and get into the right-hand lane. Instead of focusing only on the vehicles immediately in front of you, try to also see what is ahead of you further down the road. By remaining alert and driving defensively, you may be able to avoid a collision with a wrong-way driver.
Negotiating insurance settlements in a wrong-way driver accident
Most wrong-way driver claims and lawsuits involve insurance companies. Every accident victim should be aware that an insurance adjuster has a pre-approved settlement offer “range.” Insurance companies almost always start negotiations at the low end of that range when offering accident compensation. It is often to your benefit to hold out for a higher amount when seeking damages.
Getting help after a wrong-way accident
A lawyer who is experienced in handling wrong-way driving accidents can help you navigate the legal system and successfully resolve your claim. He or she can fully investigate the circumstances of the accident and help you to establish a valid and fair settlement amount. This will ensure that any compensation awarded for the accident will fully meet both your current and long-term needs.
Contrary to popular belief, the insurance company is NOT your friend
An insurance company is in business for one reason: to make money. Every penny that they give you is a penny they can’t keep in their pockets.
One major insurance company (you would absolutely know their name) has over 72,000 employees which includes over 400 attorneys.
In that group of 72,000 employees are thousands of claims adjusters, skilled negotiators and other professionals that have been trained to minimize the value of your claim and, if possible, eliminate any possibility for you to get any money for your accident – no matter how badly you may need it.
The insurance company does not have your best interest at heart and you should NEVER try to take on the insurance company on your own — let us help you. We’ve done this over 34,000 times and have a 97% success rate.
You have nothing to lose by picking up
the phone and talking to us
The call is FREE. The consultation is FREE. The initial meeting with an auto accident attorney is FREE. There is no obligation and no pushy sales tactics.
There is literally no downside to you picking up the phone and calling us right now. IT WON’T COST YOU ANYTHING to see if we can help.
If you call and don’t end up hiring us then you’re no worse off than you are right now.
However, if you do call to find out if you have a case, you will be one enormous step further down the path of getting back to how life was before the accident.
However, if you don’t call then there’s no telling the type of help we could have provided for you if you’d only taken a couple of minutes to talk with us on the phone.
We’ve done this over 34,000 times and have won over $1.2 billion dollars for our clients in our 30 years of business. Let us use our decades of experience to help you get your life back on track.
Don’t have the time to talk right now? No problem, just click here or below to schedule a time that is convenient for you. We look forward to talking with you soon.
GET THE HELP YOU NEED AND DESERVE
Fighting for you since 1990
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Call Us today at (801) 845-9000
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How to find the right attorney
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OMAHA CAR ACCIDENT LAWYERS
ATTORNEYS HANDLING CAR ACCIDENTS THROUGHOUT NEBRASKA
Hiring a car accident lawyer is one of the best decisions you can make if you were injured through the carelessness of another driver. The attorneys at, Wolf & Lathrop can help if you or a member of your family sustained life-altering injuries in a car accident.
Our lawyers are dedicated to protecting your rights and best interests. We can help you navigate the aftermath of a car accident and pursue the compensation you deserve.
Please call & at (402) 241-5020 today for a free consultation with a car accident lawyer. Our attorneys serve clients in Omaha, Sarpy County, and all of Nebraska and neighboring Iowa.
On This Page (Quick Links):
Why Do I Need a Car Accident Lawyer?
What Compensation is Available in a Car Accident Claim?
Steps to Take After a Car Accident
Common Injuries From Car Accidents
Video Questions and Answers From Our Attorneys
You never know when a car accident could happen. In the United States, there are more than 6 million car accidents every year. That translates to an injury occurring every 14 seconds and a fatality caused by a car accident occurring every 12 minutes. It only takes a split second of negligence and, just like that, your life and the lives of others involved can be forever altered.
Don’t try to handle the aftermath of a car accident alone. The Omaha car accident lawyers at Hauptman, O’Brien, Wolf & Lathrop, P.C. are here to help relieve the stress by taking the weight of paperwork, phone calls, and court dates off your shoulders. Our priority is to see you happy and made whole.
WHY DO I NEED A CAR ACCIDENT LAWYER?
When you work with the car accident lawyers at P.C., you will be able to count on us to handle every aspect of your car accident claim. We will be able to provide you with a voice as well as serve as a platform in your battle against insurance companies. It is important to consider the following points when deciding whether or not to hire a car accident attorney:
OUR CAR ACCIDENT LAWYERS CAN PROVIDE SOUND ADVICE
As a victim of a car accident, you may find yourself asking a lot of questions and finding no answers. Questions you may have include:
Which insurance is going to pay my medical bills?
Who is going to pay for the damage to my vehicle?
Can I receive compensation for the pain and suffering that I am experiencing?
Questions like the ones above, along with many more, can all be answered by one of our experienced auto accident lawyers in Omaha. We can provide you with advice on where to go and who to see throughout your entire case so that you never have to feel alone.
OUR CAR ACCIDENT LAWYERS WILL BE YOUR VOICE
During your case, you should never speak with anyone about the specifics of your accident without the guidance of one of our car accident lawyers. From the moment you hire one of our attorneys, we will become your voice and handle all communication that occurs with insurance companies and anyone else involved with your case. We will take all of the stress off of your shoulders while you concentrate on recovering.
OUR CAR ACCIDENT LAWYERS WILL THOROUGHLY INVESTIGATE YOUR CASE
Although your recollection of the accident is very important to the outcome of your case, additional investigation by one of our lawyers is usually required to uncover more truths. Often, an accident reconstruction expert will be needed to determine just how your accident occurred and who was at fault. Our lawyers have the resources and contacts that are needed to properly investigate your accident. We will work tirelessly to ensure that you are fully and fairly compensated for your damages.
OUR CAR ACCIDENT LAWYERS KNOW WHAT YOU DESERVE
How much compensation you receive in your case largely depends on the type and severity of your injuries. Often, insurance companies will contest the amount of an accident victim’s medical bills and other damages because they don’t want to pay the full amount. Our experienced injury lawyers know how to correctly evaluate medical documents and other evidence to make sure that you don’t receive less than adequate compensation.
Most car accident cases will settle out of court through careful negotiations. Having a car accident lawyer help you through this process is important because those who do not may undervalue or overvalue their claim. Don’t settle for less than you deserve and contact an auto accident attorney today. You will feel comfortable knowing that our lawyers are skilled negotiators and are fighting in your best interest.
WE WILL BE YOUR STEADFAST ADVOCATE IN COURT
Should your case be taken to court, our injury lawyers will be by your side every step of the way. We will advocate for you in front of a judge, jury, and the defendant’s legal party. You can be sure that the other party will have lawyers fighting for them too, so it is important you have us there to combat their knowledge. You are not alone in this time, contact Hauptman, O’Brien, Wolf & Lathrop for a free case evaluation today.
OUR LAWYERS HELP YOU GET COMPENSATION FOR CAR ACCIDENTS IN OMAHA
At & , we will investigate the events that led to your car accident and determine how it occurred. Our auto accident attorneys are prepared to conduct a thorough investigation, establish liability, and fight tooth and nail for the compensation that you deserve.
WHAT COMPENSATION IS AVAILABLE IN A CAR ACCIDENT CLAIM?
You may accrue numerous expenses, injuries, and damages in a car accident. With the help of our experienced car accident lawyers and depending on the circumstances of your case, you may be entitled to recover compensation for the following damages:
Damage to your property
Medical expenses
Loss of enjoyment of life
Lost wages and earnings potential
Surgical costs
Pain and suffering
If you are injured by a driver without insurance coverage, your own insurance policy’s uninsured motorist coverage should apply. However, even if you have faithfully paid your premiums for years, your own insurance company may try to deny your claim.
WHO IS AT FAULT IN A CAR ACCIDENT?
Nebraska operates under a “fault” insurance system meaning that drivers in car accidents are required to recover compensation from the driver at-fault initially. Nebraska also has a contributory negligence rule that states that you must prove that any fault that you had in your accident was less than half of the total fault of the other driver.
STEPS TO TAKE AFTER A CAR ACCIDENT IN OMAHA OR SARPY COUNTY
Reckless and negligent drivers cause many car accidents. Whether it’s a distracted driver who didn’t see you or an overly aggressive driver who sideswiped you as they passed by, you shouldn’t be responsible for someone else’s mistake.
If you are involved in a car accident, there are several steps you can take to protect yourself and those around you in the moments that follow:
Most importantly, check yourself and anyone else involved for serious injuries. If there is any bleeding or someone is unconscious or not responding, call 911 right away.
If everyone appears to be okay, look at the vehicles to see if they can be moved from the roadway. If they are not able to be moved, call 911 or your local non-emergency police department number. If you’ve already contacted the authorities, wait for them to arrive at the scene.
As you wait, gather contact and insurance information for each driver involved. Never leave after an accident without the other party’s information.
See if there were any witnesses to the accident. If there are, ask them if they’d be willing to give a statement to the police or insurance companies, if necessary, and collect their contact information.
Use your phone or a pen and paper to write down the basic details of the car accident: date, time, location, weather conditions, etc.
Call each insurance company involved and file a claim. Be prepared to give them the basic details you’ve written down.
As you speak to police or insurance agents, remember, do not make any statements regarding who is at fault. Statements like this given at such an early stage can be potentially incriminating or damaging to your case. Always speak to a local Omaha car accident attorney first.
If police were called, you’d probably need to speak to them before you’re free to go home. If you are unsure about the condition of your vehicle, do not drive it. Your insurance provider should be able to help you get a tow truck and take it to the nearest approved garage.
COMMON INJURIES FROM CAR ACCIDENTS
Around 40% of all car accidents are rear-end collisions. As a result, the most common injury seen in an accident is whiplash. The sudden impact of a collision, especially a rear-end collision, results in occupants’ heads being thrown forward, causing the neck to bend suddenly at an extreme and unnatural angle. Whiplash can cause extreme pain and muscle cramping that can last for days or weeks following the incident.
READ MORE: WHO IS AT FAULT FOR A REAR-END ACCIDENT?
If you’ve never experienced a car accident, you may not realize that they can cause emotional trauma as well as physical injury. Whether the injuries are emotional or physical, chances are they will manifest in a variety of ways that are not only painful but disruptive to your everyday life.
The injury lawyers at Hauptman, O’Brien, Wolf & Lathrop, P.C. have years of combined experience handling car accident claims. We may be able to help you recover damages for your injuries, including:
PHYSICAL INJURIES FROM CAR ACCIDENTS
Cuts/Gashes
Scratches/Abrasions
Bruising
Acquired Brain Injury/Traumatic Brain Injury
Neck/Disc Injury
Spinal Cord Injury
Partial/Complete Paralysis (temporary or permanent)
Broken Back/Broken Vertebrae
Facial/Dental Damages
Burns
Broken Bones
Internal Bleeding
Organ Damage
PSYCHOLOGICAL INJURIES FROM CAR ACCIDENTS
Mental Anguish
Anxiety
Loss of consortium
Confusion/trouble concentrating
Loss of enjoyment of life
Nightmares
Depression
PTSD
Guilt
Insomnia
WHO WILL PAY YOUR MEDICAL BILLS?
If you are injured by a driver without insurance coverage, your own insurance policy’s uninsured motorist coverage should apply. However, even if you have faithfully paid your premiums for years, your own insurance company may try to deny your claim.
DO I NEED A CAR ACCIDENT LAWYER?
Always speak with one of the Omaha car accident attorneys at Hauptman, O’Brien, Wolf & Lathrop before you speak to any insurance company. They are used to dealing with people without legal representation, and they are NOT on your side. If there is a personal injury claim by you against their client, they will offer you much less than you are entitled to.
SPEAK TO OUR OMAHA CAR ACCIDENT ATTORNEYS
Reckless driving doesn’t always cause a car accident. But when it does, the driver who caused it should be held accountable for their negligence. For many years we’ve helped innocent members of our community recover damages in the wake of an accident. We’re compassionate, caring, and willing to fight for what’s right; just ask some of our clients.
Dealing with claims paperwork, phone calls, and negotiations can quickly become intimidating. Fortunately, the attorneys at Hauptman, O’Brien, Wolf & Lathrop, P.C. have the experience to tackle even the toughest of situations.
The fact of the matter is, you don’t deserve to take a financial hit for a car accident that wasn’t your fault. Our attorneys have more than 200 years of combined experience representing injury victims. We have been repeatedly voted the #1 personal injury law firm in Omaha for our commitment to protecting our clients’ rights and safeguarding their futures.
If you’ve been injured in a car accident by a negligent driver, schedule your free consultation with us today. Give us a call at (402) 241-5020 to speak to a car accident lawyer today.
VIDEO QUESTIONS AND ANSWERS FROM OUR ATTORNEYS
We handle a variety of car accident cases and other personal injury claims. In order to better serve our clients, we have compiled a list of common questions and answers.
What is a deposition?
If my insurance company covers part of my costs will that affect the settlement amount?
What should I say or not say to my insurance company?
Why is my insurance company requesting proof of loss?
Is there a time limit for when a claim needs to be filed?
Will I have to go to trial?
Should I accept my insurance company’s settlement offer?
What is maximum medical improvement (MMI)?
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We were referred to, Wof & by my son and daughter in law. They had previously used the firm and were very satisfied with the experience. The most positive aspect of working with the firm for us was not having to worry about all the bills and paperwork connected to the collision and the insurance company. Thank you for your help,-Una
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Los Angeles Car Accident Lawyer
At the law firm of our Los Angeles car accident lawyers handle personal injury and wrongful death cases for people in Los Angeles and throughout Southern California. Since our establishment in 1936, we have built a record for success, recovering millions of dollars in verdicts and settlements for our clients. Our commitment has been, and always will be, to meet the needs of our clients by striving for the best possible outcome in their case.
Our auto accident attorneys have focused solely on the needs of people like you. They have been acknowledged in many ways and are members and leaders of statewide and national organizations. Lawyers from our firm are included among the best lawyers in Southern California, and year after year, our attorneys are selected for inclusion in the Southern California Super Lawyers list.
In addition to personal injury and wrongful death attorneys, our team also includes workers’ compensation lawyers in Los Angeles. As a result, we are uniquely prepared to address the needs of people injured in car accidents while on the job.
Los Angeles Car Accident Resources
Why Choose for Your Auto Accident Claim?
Car Accident Statistics in California
Do I Need a Lawyer for a Car Accident?
Can I Afford a Car Accident Attorney?
Common Car Accident Injuries
California Auto Accident Laws
Proving Negligence After a Collision
What to Do After a Hit-And-Run
How Much Is My Car Accident Case Worth?
What to Do After a Car Crash
Contact a Los Angeles Car Accident Lawyer Today
Why Hire for Your Car Accident Claim?
Our firm has recovered over $5 billion in verdicts and settlements for clients throughout its history.
Our Los Angeles car accident attorneys will do their absolute best to obtain you the maximum compensation for your needs and losses.
Our firm believes in the power of personalized attention, high-quality legal resources, and aggressive litigation.
Our law firm knows how to negotiate and litigate all types of motor vehicle accidents, from pedestrian collisions to fatal commercial trucking crashes.
Our firm aims to help car accident survivors in every way possible – including by offering our services on a contingency fee basis.
WE CARE ABOUT OUR CLIENTS
Our drive to succeed in your case is coupled with a commitment to personal attention. You will find that we are attentive to your needs. We are ready to listen to your concerns and make certain all of your questions are addressed. We will do everything we can to make certain you know that you are not alone in this experience.
Additionally, we make meeting with us convenient for you. We have 10 fully staffed offices throughout Southern California, including offices in Los Angeles and San Diego. We also represent clients in California’s Central Valley, including in Bakersfield, Fresno and the Visalia-Porterville area. We want to meet your needs no matter where your car crash occurred.
Car Accident Statistics in California
Preventing car accidents in California in the future– and saving countless lives – starts with spreading awareness and education about traffic collisions. Keeping up with the latest car accident statistics in California can help the community determine what causes these accidents and how to stop them from occurring.
Based on the latest data available from the California Office of Traffic Safety (2019), 35,549 total fatal and injury accidents were reported in the City of Los Angeles. Of these car accidents, 2,913 involved alcohol, 4,194 were speed related, and 4,319 were hit-and-run accidents. Los Angeles County as a whole reported 88,814 injury and fatal accidents in 2019.
Statewide, California reports an average of about 200,000 injury accidents and 3,500 fatal accidents each year. The number of traffic fatalities decreased by 5.1 percent from 2018 to 2019 (3,798 deaths to 3,606, respectively). In 2019, 50 percent of drivers who were killed in motor vehicle accidents (who were tested) tested positive for drugs. There were also 1,066 alcohol-impaired fatalities.
How Can a Los Angeles Car Accident Attorney Help?
If you were seriously injured, or if a loved one died in a car wreck, the last thing you want to worry about is fighting with the insurance company over fair compensation. It can be tempting to accept the first offer the insurance company presents just to get it over with. Unfortunately, that offer is often far below the amount of compensation you will need to cover medical expenses, ongoing medical care, lost wages, and other costs.
Let a qualified Los Angeles personal injury attorney from help you recover the full financial damages you deserve. No matter what type of auto accident your case involves, you can trust us to fight for your best interests. We will take care of your legal needs, so you can focus on your recovery and taking care of your family.
We can take on motor vehicle cases involving:
Truck accidents
Motorcycle accidents
SUV rollover
Car accident victims of drunk drivers
Motor vehicles colliding with bicyclists, pedestrians, or skateboarders
Accidents caused by poor road design
Accidents caused by highway construction negligence
In the unfortunate event you are in an accident, we provide information about what to do after a car accident. We want to help clients through the process of recovering from a car accident physically, mentally and financially, starting from the very beginning. In the aftermath of a serious crash, trust a dedicated Los Angeles car accident lawyer to help you through the next steps. We offer free initial consultations so you can get the answers you need at no cost, risk, or obligation.
Can I Afford the Services of a Car Accident Lawyer?
The short answer to this question is yes. At ,our experienced car accident lawyers operate on a contingency fee basis. This means we collect our fees as a percentage of the settlement or judgment award won. You never have to pay for our services out of pocket. If you don’t win your case, you won’t owe us a dime in attorney’s fees, guaranteed.
Since contingency fees take the cost of a car accident lawyer out of the equation, the real question becomes – can you afford not to hire a car accident lawyer? Without a lawyer protecting your rights, you are at risk of a car insurance company taking advantage of you. Insurance companies have significant resources to put toward fighting liability for motor vehicle collisions – meaning you could walk away with much less than you deserve.
A lawyer has impressive resources and negotiation capabilities, as well as the drive to demand maximum financial compensation on your behalf as a client. Car accident victims who hire lawyers almost always recover greater financial compensation for their losses than unrepresented plaintiffs – even after deducting attorney’s fees from the award won.
Common Car Accident Injuries
Our car accident lawyers in Los Angeles focus heavily on car accident law due to the frequency and severity of these accidents. In the County of Los Angeles in 2021, the most recent year data is available, there were 40,669 fatal and injury accidents. Car accidents commonly inflict serious, catastrophic and life-altering injuries on victims living in LA. We understand how these injuries impact people and how to best help them fight for appropriate compensation awards. We can help clients with all types of personal injuries during car accident claims.
Traumatic brain injuries
Spinal cord injuries
Back and neck injuries
Permanent disabilities
Scarring and disfigurement
Bone fractures
Major lacerations
Soft-tissue injuries
Burns
Fatal injuries
Wrongful death
We also help clients fight for compensation for nonphysical injuries. California law allows plaintiffs to demand compensation for their emotional, mental and psychological suffering as well as their physical pain and economic losses. Our firm may be able to help you seek a fair amount for your pain and suffering, emotional damages, anguish, grief, distress, and post-traumatic stress disorder after a bad auto accident.
California Car Accident Laws
California has complex car accident laws that are important to understand as a victim. Otherwise, you could accidentally make a mistake that leads to less compensation for your damages – or no compensation at all. After a serious crash in Los Angeles, contact an experienced Los Angeles car accident lawyer as soon as you can for information about your specific accident. We can make it easy to navigate the laws pertaining to your case.
Statute of limitations. One of the key laws to know is your statute of limitations, or deadline for filing a claim. In California, all crash victims have two years from the date of their car accidents to file injury claims and three years for property-damage only claims. The courts generally do not give exceptions to this rule. The clock may not start ticking until the date of discovery if this is after the date of the collision.
Fault-based car insurance. California follows fault-based car insurance laws. All drivers must carry adequate vehicle insurance: bodily injury coverage ($15,000 per person, $30,000 per accident) and property damage liability ($5,000). After an accident, injured parties will file claims with the at-fault party’s insurance provider for damage recovery. Injured victims may also have the right to bring lawsuits instead of insurance claims, depending on the situation.
Liability laws. The State of California does not bar a victim from financial recovery for partially causing an auto accident. Instead, the rules of pure comparative negligence will reduce the victim’s recovery award by his or her percentage of fault. Even if the victim was 99% responsible for causing the wreck, he or she could still recover 1% of a compensation award. An attorney from our firm can help you stand up for yourself against a comparative negligence defense.
One of the reasons clients hire is for our deep and working knowledge of California’s car accident laws. We stay updated on the latest changes in the law – and we also push for positive changes through our litigation. We are often at the forefront of the laws in California; we were the state’s first firm to file an asbestos lawsuit against product manufacturers, for example. Our mission is not just to help victims recover, but to make a positive impact on car accident laws in general through our legal representation.
Proving Negligence in a Los Angeles Car Accident
When the term “negligence” is used in personal injury law, it refers to a plaintiff’s legal doctrine. Most car accident claims and other types of personal injury lawsuits are based on this legal theory. When someone is negligent, he or she falls short of the accepted duty of care. This is an obligation to use the same level of care that a reasonable person would in the same or similar circumstances. In the context of a car accident injury claim, the duty of care typically refers to a driver’s responsibility to obey traffic laws, drive prudently and prevent car accidents.
Proving negligence in a car accident case requires clear and convincing evidence that the driver or another defendant breached his or her duty of care. A breach of duty refers to a violation of the level of care that was required for the situation. Next, the victim (or his or her attorney) must show that the defendant’s breach of duty was the proximate or main cause of the car accident. In other words, the collision would not have happened were it not for the defendant’s negligence.
Establishing the elements of a car accident claim in California requires evidence proving negligence. Evidence may take the form of a police accident report, photographs and video footage, signed eyewitness statements, testimony from car accident experts, crash reconstruction, medical records, cell phone records, a commercial driver’s employment records, and more. An attorney can help you collect all evidence available to prove the defendant’s negligence in your car accident case.
HOW DOES COMPARATIVE NEGLIGENCE IMPACT CAR ACCIDENT CLAIMS?
Comparative negligence is a defense that can be used against an accident victim to decrease the value of his or her settlement or judgment award. It argues that the victim caused the accident – at least in part – and that the defendant should therefore be liable for a smaller percentage of the damages.
If the comparative negligence defense is used against you during a car accident case, this could reduce the compensation that you receive from the other driver. If you are found to be 10 percent at fault, for example, your recovery award will be reduced by a matching percentage.
California is a pure comparative negligence state, meaning that a victim can be found up to 99 percent responsible for a car accident and still recover the remaining 1 percent in financial compensation. It is important to work with an attorney who can argue against the comparative negligence defense to maximize your financial recovery.
Can You Recover After a Hit-and-Run?
A hit-and-run accident is one in which the at-fault party does not stick around to fulfill his or her legal duties of care, including taking financial responsibility for the crash. In a hit-and-run case, you may not know how to proceed with a damage claim since you do not know the identity of the at-fault driver. California’s fault car insurance laws will not apply if the at-fault party’s identity is unknown. Luckily, your own auto insurer may offer a solution instead.
One of the first steps to take after a hit-and-run accident is to call the police. The police can investigate the crash site and may be able to track down the at-fault driver. In this case, you can proceed with your crash claim like any other car accident case, bringing a claim with the at-fault driver’s insurer. If the police cannot identify the driver, however, you will seek financial recompense through your auto insurer instead. Call your insurance agent to report the crash as soon as possible. Your agent will let you know whether you have uninsured or underinsured motorist insurance to cover your damages.
In California, it is not mandatory to carry uninsured/underinsured motorist insurance. To reject this coverage, however, you have to manually do so when purchasing your policy. If you do have this insurance, your insurer will pay for your property damage repairs and medical bills. Comprehensive and collision insurance may also pay for your hit-and-run accident damages. A Los Angeles auto accident attorney from our firm can help you negotiate with your insurance provider for a fair and reasonable recovery award after a serious hit-and-run car accident.
The other means of obtaining financial recovery after a hit-and-run auto accident is holding someone other than the driver accountable for your damages. A lawyer can tell you whether another party may have contributed to your crash, such as a company for its hired driver, the City of Los Angeles for a dangerous roadway or a vehicle manufacturer for a defective auto part. One of our attorneys can analyze your hit-and-run crash and inform you of all available outlets for financial compensation.
Compensation for Car Accident Victims in California
If you can file a claim for damages, we will help you understand what types and amounts to list in your initial demand letter against the at-fault party. Every car accident case is unique, with different damages and losses survivors suffer. Seeking an appropriate amount can increase the odds of securing a successful insurance settlement. A Los Angeles auto accident lawyer from Rose, Klein & Marias LLP can review your case and calculate a fair amount to claim, taking in to account when serious injuries are involved. Then, we can help you fight to obtain this amount or greater from an insurance company or another defendant in LA County.
Existing medical debts
Future hospital bills and health care expenses
Temporary or permanent disability accommodations
Past and future lost wages
Vehicle repairs or replacement
Physical pain and suffering
Emotional distress
Mental anguish
Lost enjoyment of life
Wrongful death damages
Punitive damages
If you suffered catastrophic injuries or a loved one died in a car accident in Los Angeles, your case could be worth a significant amount. Do not let an insurance company convince you to settle for less than the true potential value of your case. Retain an accident attorney from our firm to help you fight for the recovery you need to move forward in comfort and confidence. We can estimate the reasonable value of your case during a free initial consultation at one of our local Southern California law firms.
What Should You Do After a Car Accident?
If you get involved in a car accident in Los Angeles, try to take certain steps immediately to protect yourself and your legal rights. The car insurance company overseeing your claim will search for reasons to deny or diminish your benefits, such as an admission of guilt or a delay in seeking medical care. What you do (and don’t do) after an accident can affect your ability to recover financial compensation for your losses. If you can, take the following steps:
Pull over at the scene of the crash. Never flee the scene of an accident without stopping.
Check yourself and anyone else involved in the accident to find out if there are any injuries.
Report the car accident and any injuries to the police by calling 911 right away.
Exchange contact and insurance information with the other driver(s).
Don’t admit fault for the car accident to the other driver or the police.
Write down a description of the other car, as well as its VIN and license plate numbers.
See a doctor for medical attention for your injuries without delay.
Contact your car insurance company to report the crash as soon as possible.
Report the car accident to the Department of Motor Vehicles within 10 days if anyone was injured or the property damage exceeds $750.
Contact a car accident lawyer before accepting an insurance settlement.
After you notify your insurance company about a car accident, it can contact the other driver’s insurer for you to start a claim. You will be contacted by an insurance claims adjuster soon after your crash. Be wary when talking to the adjuster, as he or she does not have your best interests in mind. Before signing anything given to you by an insurer, contact a lawyer to discuss your recovery options. You may be entitled to greater financial compensation than what is being offered.
Free Consultation With a Car Accident Lawyer in Los Angeles
At ,we want to help car accident survivors and the loved ones of those who lost their lives in vehicle collisions through the injury claims process in Los Angeles. We handle all auto accident cases on a contingency basis. You are only charged a fee if we are successful in getting you compensation.
You may have grounds to bring a claim against one or more parties for your recent automobile accident contact our Los Angeles car accident attorneys today to set up a free consultation to discuss your case with an experienced lawyer.
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Accident Attorneys in Los Angeles
Los Angeles Car Accident Lawyer
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In an instant, a motor vehicle collision can dramatically change your life. Serious car accidents can result in lasting, sometimes permanent injury, disability, and death.
Even somewhat minor crashes can create devastating financial pressures, such as an inability to earn income or staggering bills for medical treatment and hospitalization.
At the same time, insurance companies often prey on car accident victims – doing everything in their power to avoid paying claims at a time when policyholders need them most.
While the aftermath of an accident may seem needlessly complicated and full of unanswered questions, you don’t have to face it alone. At Panish | Shea | Boyle | law firm, we are here to ease your burden and be the strength by your side.
Our Los Angeles car accident attorneys focus solely on helping those injured in preventable accidents get the fair compensation they need to move forward and recover from their injuries. If you or a loved one have been seriously injured in an auto accident in Los Angeles, we can help.
Call today for a free and confidential case evaluation. We handle all car accident cases on a contingency fee basis, meaning we charge no fees unless we win.
Resources on This Page:
Why Choose Panish | Shea | Boyle | LLP for Your Auto Accident Claim?
Do I Need a Lawyer for a Car Accident?
How Much Is My Car Accident Case Worth?
California Car Accident Statute of Limitations
Damages in California Car Accident Lawsuits
Most Common Car Accident Injuries
Who Can Be Held Liable for a Car Accident?
How to Prove Negligence in a Car Accident Claim
What to Do After a Car Accident
Contact a Los Angeles Car Accident Attorney Today
Why Hire Panish | Shea | Boyle | LLP for Your Los Angeles Car Accident Claim?
After a car crash, the law firm that you choose to represent you can have a significant impact on the outcome of your case. It is extremely important that the lawyer you hire has experience handling car accident cases and a demonstrated history of trial success.
WHY IS THIS IMPORTANT?
A car accident lawsuit is about more than what you need right now. Your injuries may impact you for the rest of your life. Your attorney’s job is to properly evaluate how your life is affected in both the short and long term and to fight for everything that you will need moving forward. This requires a deep understanding of the medicine, liability and legal issues, and insurance coverage involved in your case.
The opposition, in most cases a motor vehicle insurance company, will be looking for any weaknesses in your case. Their singular goal is to pay as little as possible as a settlement or dismiss your claim entirely. Often, the only way to compel them to treat you fairly is to take them to trial.
At Panish | | Boyle | LLP, our Los Angeles car accident lawyers have significant experience handling all manner of motor vehicle collision cases from inception all the way through trial.
We have the skills, experience, and resources needed to take cases involving motor vehicle accidents where they need to go.
Our attorneys are ready, willing, and exceptionally able to take cases to trial and win.
We have a proven track record of winning cases for our clients against large insurance companies, government entities, and even automobile and parts manufacturers.
We provide the highest quality legal representation on a contingency fee basis, meaning we charge absolutely no fees unless we win.
We advance all costs associated with any personal injury claim we handle.
Our Los Angeles personal injury attorneys offer a free and confidential case evaluation.
PSBR is Ranked by U.S. News & World Report and Best Lawyers® as a “Tier 1” Firm for Plaintiffs Personal Injury Litigation
We have recovered over one billion dollars in verdicts and settlements for our clients in the past ten years.
This includes $36.5 million for a woman seriously injured when her vehicle was struck by a commercial truck, $9 million for a teenager who lost both legs while driving when her vehicle struck a broken highway guardrail, and $7 million for the family of a man who was killed by a wrong-way driver in a Verizon company vehicle.
How Can a Los Angeles Car Accident Lawyer Help?
While it is possible to handle a car accident case without an attorney, you may put yourself at a distinct disadvantage – especially in complex cases or those involving serious injury. Hiring an experienced attorney to protect your best interests can allow you to focus on your family and your recovery.
When you decide that Panish | | Boyle | LLP is the right firm for you, our legal team begins working on your behalf right away, leaving no stone unturned to build the strongest case possible on your behalf.
We hire investigators to examine the accident scene, find witnesses, and collect other important evidence.
We bring in medical and scientific experts when necessary and appropriate.
We handle all communication with the insurance company to prevent them from attempting to devalue your case.
Our auto accident lawyers also handle all paperwork and case filings to ensure that your case meets all deadlines and is filed within the statute of limitations.
Our teams look for any and every source of liability and car insurance coverage to maximize compensation.
We review your medical records and injuries, connect you with experts that can help make sure nothing goes undiagnosed, and properly determine how much your current and future medical needs will require.
If the insurance companies decide not to treat you fairly, we will take them to court to hold them accountable for the full value of your injuries.
Do I Have a Case?
If you were involved in a motor vehicle collision and suffered any sort of injury, you may have a case.
However, it is impossible for any attorney to say for sure without reviewing the facts of your case. There are many, many factors involved in automobile accident cases, including who is at fault, the extent of the injuries incurred, the presence of and amount of insurance coverage available, the possibility of more than one liable party being involved, and many others.
If you think you may have a case or are unsure, we urge you to contact an auto accident lawyer for a free consultation.
How Long Do I Have To File a Car Accident Claim?
All personal injury cases, car accidents included, are subject to strict time limits known as the statute of limitations. In California, the statute of limitations for auto accident claims is typically two years from the date of the injury as outlined in Cal. Code of Civ. Proc. § 335.1.
If you fail to file a lawsuit within this two-year window, the court will refuse to hear any future case. However, the actual time frame may be shorter or longer depending upon the specific facts of your case.
For example, claims involving governmental entities have a much shorter window of six months. Additionally, there are certain situations that affect when the statute “clock” begins or that might extend the window. If you think you may have a case, it is always advised that you speak with a car accident lawyer to ensure that your case is heard within the statutory window.
Compensation You Can Recover After a Car Accident in California
In California, those injured in motor vehicle collisions may be eligible to recover financial compensation from the legally responsible party for the expenses they incur. These expenses are referred to as damages. Most often, damages are paid via an insurance policy, not out of the other driver’s pocket.
While there are several types of recoverable damages in California personal injury claims, they broadly fit into 3 distinct categories: economic (or special) damages, non-economic (or general), and punitive damages. In cases where someone is killed, their families may be eligible to file a wrongful death claim and survivor action as well.
ECONOMIC DAMAGES
Economic damages refer to the tangible, financial losses and hardships that accident injury victims suffer. This can include:
Medical Expenses
Serious injuries may result in significant medical costs immediately following the accident as well as long into the future. Past and future medical bills, physical therapy, cognitive therapy, ambulance and emergency medicine fees, medical devices, and accessories, and in-home medical care in the case of temporary or permanent disability are all recoverable damages.
Lost Wages
If the accident or injury has prevented you from returning to work, even for a short time, your lost wages – and resulting financial hardship – such as missed rent or mortgage payments – are also recoverable economic damages. This may include time spent in the hospital, at medical appointments, or while temporarily disabled.
Reduced Earning Capacity
In cases where the injury affects your future ability to earn income, you may be eligible for compensation based on your past earnings. The amount of future wages awarded may be determined by your age, occupation, experience, skill, and even your life expectancy.
NON-ECONOMIC DAMAGES
Non-economic damages are awarded for the intangible ways car accident injuries affect your life. Due to the intangible nature of the damages in this category, the amount awarded depends largely on your attorney’s ability to prove the valuation. While some states limit the amount of non-economic damages available, in accordance with Cal. Code of Civ. Proc. § 3333.4 California does not currently cap them. Non-economic damages can include:
Pain and Suffering
California law allows you to place a monetary value on the pain and suffering an injury caused you. Factors involved include the type and severity of the injury, the amount of and length of time the victim suffered pain, and the likelihood the victim would continue to experience pain or suffering in the future.
Disfigurement
Compensation may be available for the mental suffering that accompanies severe scarring or disfigurement in a personal injury case. Physical impairment, inconvenience, loss of companionship, reduced quality of life and many other non-pecuniary damages (damages that can’t be measured in monetary value) are also recoverable.
PUNITIVE DAMAGES
Punitive damages are reserved for cases involving intentional harm or when the responsible party is especially reckless. Punitive damages typically serve as a punishment for individuals or corporate entities and an example to prevent similar behavior from occurring again.
Our landmark case, Anderson vs. General Motors is, perhaps, one of the greatest examples of punitive damages in action. After the Anderson family’s Chevy Malibu exploded in a crash, we found a series of internal communications proving that General Motors was both aware of the issue and that they decided it was cheaper not to fix it. After a lengthy trial, a California court awarded our clients a 4.9 billion dollar verdict, with $4.8 billion in the form of punitive damages.
What Are The Most Common Car Accident Injuries in California?
Motor vehicle collisions are among the most common causes of serious injury and death in the United States. Common injuries in car crashes include:
Back, head, and neck injuries such as whiplash
Traumatic brain injuries
Injuries to the spinal cord
Broken bones and internal injuries
Scrapes and cuts
Injuries to the extremities
Mental and emotional injuries such as PTSD
Death
In the U.S., over 3 million people are injured in car accidents annually. Sadly, many injuries go untreated or undiagnosed, leaving the victim to suffer the short and long-term effects on their physical, financial, and emotional health.
Legal Liability in Car Accident Cases
While they are often referred to as car accidents, motor vehicle collisions are usually anything but accidents. In most cases, they are the result of negligence on the part of a driver, manufacturer, or governmental entity and are entirely preventable.
In car accident and personal injury cases, the concept of negligence is key in determining liability for a collision. The legal definition of negligence is loosely: a failure to exercise the level of care that an ordinary person would have exercised under the same circumstances. This failure can occur through both action and omission.
Other drivers have a duty to drive in a way that doesn’t endanger other motorists. This includes obeying traffic safety laws, signs and signals, not operating their vehicle under the influence of drugs or alcohol, and refraining from distractions such as cell phone use and texting. Government agencies have a duty to design safe roadways and keep them well maintained to minimize the risk that drivers face while using them. Any defects or poor road designs might lead to an increase in car accidents.
Vehicle and auto parts manufacturers have a legal duty to make sure that their products (vehicles and parts) are safe and do not contain defects. A failure of this duty of care may leave that party legally responsible for any collision and resultant injury. Depending on the specifics of the incident, one or more parties could be held responsible for damages in a car accident.
How Is Negligence Determined?
There are four primary elements that must be present in order to establish negligence in a car accident case:
The defendant owed a legal duty to the plaintiff
The defendant breached that duty
The plaintiff suffered actual harm or injury
The defendant’s breach caused the injury
Essentially, to be held legally responsible, the person or entity that caused your accident must have acted or failed to act in a way that caused your injury.
While this is the legal threshold for negligence, California operates under a pure comparative negligence system in car accident cases. This means that you can still recover compensation, even if you are found to be partially at fault for the collision. However, the amount of compensation you can receive will be reduced by the degree you are found to be at fault.
What to Do After a Car Accident in Los Angeles
The actions a car accident victim takes after a crash could play an important role in the outcome of a car accident case. Here are some of the steps you should take after a motor vehicle accident from our car accident lawyers:
Seek medical treatment. Even if you don’t have any visible injuries, you could have a concussion or other serious injuries that need medical professional care. Additionally, many injuries do not manifest themselves until days later. So don’t wait on visiting the doctor and getting medical attention right after an accident.
Contact the police. The police will create an accident report that can help support a car accident claim.
Gather evidence and contact information. Take pictures of the scene of the accident, gather contact information from the parties involved and any witnesses, ask for the other driver’s driver’s license information, license plate number, and make and model of the vehicle. Take a picture of any property damage.
Document your injuries. Make sure you save all medical records from your injuries.
Don’t post on social media. Avoid posting anything related to your accident on social media, even something innocent could be misinterpreted and affect your case.
Contact a car accident attorney. Call a Los Angeles car accident lawyer as soon as possible after a car accident to discuss your legal options and fight for the fair compensation that you deserve. Your attorney can guide you on the next steps, handle all the interactions with all car insurance companies involved and protect your best interests.
Get a Free Consultation With a Los Angeles Car Accident Lawyer
At Panish | Shea | Boyle | Ravipudi LLP, our Los Angeles car accident attorneys are uniquely equipped to handle all types of motor vehicle accident and crash cases, including truck accidents, automotive product defects; pedestrian accidents; and accidents caused by poor roadway planning or maintenance.
If you or a loved one has been involved in an accident please call our office in Los Angeles today at (877) 800-1700. We offer a confidential and free case evaluation with our experienced car accident attorneys and serve injury crash victims in Orange County, Los Angeles, San Bernardino, and across Southern California.
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Should I Get a Lawyer for a Car Accident That Wasn’t My Fault?
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How may we help you?
If you got into a car accident that was not your fault, you have a right to hire a lawyer. You may assume that because you did not cause the accident, everything will work out in your favor, but you may need to prove that you did not commit any wrongdoing.
While you do not need to seek legal counsel, a car accident lawyer may help you file a claim or lawsuit against a negligent party. Getting into a car accident due to another party’s negligence typically results in stress, frustration, and injuries. Ben Crump Law, PLLC does not want you to worry about tackling everything yourself after an avoidable accident; we can handle the legal process for you.
Focus on Your Health While We Focus on Your Case
You will want to seek medical attention following a car accident, even if you feel fine. Medical records may help you file a claim with your insurance company. Remember that you do not have to accept the initial settlement an insurance company offers you. If you do, you may lose your rights to pursue a lawsuit to receive fair compensation should your injuries prove more devastating in the future.
A car accident lawyer may help you build your case and speak with your insurance company so you can focus on your recovery. Our goal is to reach an out-of-court settlement that you deserve, but we have no issue going to trial and fighting for you there as well.
For a free legal consultation, call 800-598-7557
What a Lawyer May Do for Your Case
There is no reason you should be paying out-of-pocket expenses for property damage and injuries that someone else caused. If you become a client, a lawyer can answer all your questions, discuss your legal options, and keep you updated throughout your case.
The liable party should face the consequences of acting negligently and pay for the losses you suffered. To demonstrate evidence that you suffered at the hands of the defendant’s carelessness, a lawyer may do the following:
Obtain a police report that details how the accident occurred
Speak with witnesses and gather testimony from them
Use the help of expert testimony and accident reconstruction specialists
Talk to your doctor and get your most recent medical records
Proving Negligence
An attorney may also bring in the four elements of negligence to prove your innocence in the matter. The elements of negligence include:
Duty of care: The other motorist owed you a duty of care.
Breach of duty of care: The other driver violated this duty of care.
Causation: The liable party’s breach of duty of care caused losses and injuries.
Damages: You, the plaintiff, suffered economic losses and injuries that a financial award may cover.
Your case may prove that you experienced a preventable accident. You should not have to feel any anxiety about your losses extending into the future if your injuries prove permanent.
Financial Awards You May Receive
You may qualify for both economic and non-economic awards, depending on the losses suffered in your case. A few of these losses may include:
Pain and suffering
Medical bills
Mental anguish
Property damage
Physical therapy
Lost wages
If you suffered through no fault of your own, you may pursue an insurance claim or lawsuit to recover a settlement.
Click to contact our personal injury lawyers today
What Happens When an Accident Wasn’t Your Fault?
When the other driver was at fault in an accident, their insurance company will try to trick you into making statements that can lower the value of your claim. They will also try to offer you a lowball settlement that will not cover the full amount of your damages or your future medical treatments. It’s best to let your Lafayette car accident lawyer negotiate with them directly.
Complete a Free Case Evaluation form now
Does a Police Report Say Who Was at Fault?
A police report may contain information about who the officer who arrived at the scene believed was at fault in the accident, but your personal injury lawyer may be able to make a case against the officer’s findings. A ticket that was issued or an arrest that was made as a result of the accident can also be used by insurers and the court as evidence of fault.
Let Us Handle the Legal Process
We want to protect victims’ rights and pursue justice on their behalf. As a firm that takes on car accidents, we do all we can to help you get justice for an accident you did not cause in any way. Give Ben Crump Law, PLLC a call for help with your case.
If you fear that you cannot afford a lawyer in a time of need, know that we do not charge anything upfront and only collect a fee from the settlement we get you. We want to get started on your case immediately, so call us as soon as possible.
Statutes of limitations may apply for personal injury lawsuits, and they vary from state to state. Call us as soon as possible to ensure your right to compensation.
Call or text 800-598-7557 or complete a Free Case Evaluation form
Car Accidents FAQ:
What Injuries Can You Get From A Car Crash?
Car crash injuries range in severity from mild abrasions and burns to amputations and decapitations. The actual injuries you experience depend on the nature of the accident, whether you and your
Can Both Parties Be at Fault in a Car Accident?
Both parties may share fault in a car wreck. In these situations, the laws of the state in which the traffic accident occurred determine how insurance adjusters assign liability. In some states,
Who Determines Fault in an Auto Accident?
Insurance company adjusters determine fault in an auto accident after reviewing the police report and other evidence. They may also ask you and the other driver questions about the collision to try to
Who’s At Fault in a T bone Accident?
Any number of parties may share fault in a T-bone accident under the principle of comparative fault. These parties may include either driver in the crash, the vehicle manufacturer, or another driver
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Accident Help (Home) » Personal Injury Law » When Do You NOT Need an Attorney After an Accident?
When Do You NOT Need an Attorney After an Accident?
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You may not need an attorney if your accident sounds like this
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Based on the ads from law firms that you see on television, it's easy to think everyone who has ever been in an accident is going to be mistreated by the insurance company and should look for help from a lawyer to make it right.
In a lot of instances, insurance companies do in fact do their jobs as expected.
There are definitely situations where you'd want an attorney to be involved, but there are also times when obtaining counsel is simply overkill.
Let's take a look at some of the cases where you may NOT need to hire an attorney after an accident.
No injuries happened
There are scenarios where the only damage done has been entirely done to property. Imagine the case where there were no people present in either vehicle at the time the accident occurred.
Your car may be one excitable dog and a loose gear shifter away from being part of a two-vehicle incident involving no humans. (You can ask any insurance adjuster, and they'll tell you that strange things do indeed happen!)
Enjuris tip:If no one was hurt or there was no damage, it may not be worthwhile pursuing a personal injury claim with an attorney.
Generally, if no people were hurt, or there was no damage (no broken bones or potentially lingering injuries that cause you to miss more than a couple days of work), then it may not be worthwhile pursuing a personal injury claim.
Just be careful making this judgment of "no injuries" yourself. What may seem relatively harmless at one point may turn out to be an issue later.
If you were in a vehicle at the time of an accident, you certainly want to seek medical attention. You'll want to hear a doctor clear you of any risk too.
Ensure a doctor clears you of possible complications before you decide NOT to hire an attorney
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Once that has happened, it may become questionable to ask an attorney to help you pursue a claim.
When the math of hiring an attorney doesn't make sense
There are some cases where the potential recovery for a claim is so small that you simply cannot justify hiring an attorney.
For example, if all the damage was to a vehicle and the vehicle was a high-mileage used car with a low book value, there's not much meat on the bone for an attorney.
Don't doubt there are attorneys who'll take on smaller claims in exchange for a higher percentage of the recovery.
If any of these apply, you may need an attorney
Broken bones, hospital stay, long-term health affected
Someone died in the accident
Medical treatment costing more than a couple thousand $$
Missing more than a couple days work, school, or normal activities
Non-economic losses like emotional trauma, pain and suffering, loss of companionship
There is dispute over whose fault the accident was
Multiple people were harmed in the accident
The accident took place in a construction zone or other questionable area
The paperwork does not look accurate (police report, insurance communications)
Details are complicated (technical, legal, medical)
Insurance is not playing nice
Have you or anyone you know been in an auto accident? Do you need help dealing with the aftermath of a car accident?
Here’s expert advice on how to get through insurance issues, medical expenses, and everything else that may be at stake when dealing with personal injury resulting from a car accident.
Read Enjuris Guide on Finding the Right Car Accident Attorney.
You do, however, have to ask if paying an attorney to recovery $10,000 in damages is worth the bother if you end up handing over $5,000 to the law firm.
If the case might foreseeably proceed to small claims court
There are also easily imaginable scenarios where the expected recovery would be so small that the case would end up in small claims court if it were pursued to the point of litigation.
You're certainly entitled to have counsel present to protect your rights in small claims court. The law firm, however, is likely going to expect a fee for their services rather than working on contingency, since the expected recovery would be very small. It depends on the situation.
Enjuris tip:There may be some tricky math involved in figuring out the benefit of hiring a lawyer. Read: Negotiating fees with your accident lawyer
Most accident attorneys are going to work on contingency, and the average contingency fee is around 33.3%. That means they would take one third of whatever settlement would be coming your way in compensation for their work.
When the insurance company is offering you the amount you feel is fair
If you're in a situation where it's clear the insurance company wants to settle, there is some tricky math to figure out.
Do you really want to end up in a situation where you have to negotiate for a longer time and then hand over one-third of your compensation, if the insurance company already wants to settle? Do you think what they are offering you is fair?
If the insurance company is not playing nice or refusing to acknowledge the full extent of your claim, you would definitely want to talk to an attorney.
Enjuris tip:If a lawyer takes one-third of your recovery, then they'll need to improve your expected results by more than 50% to justify hiring them.
If a lawyer takes one-third of your recovery, then they'll need to improve your expectedresults by more than 50% to justify hiring them.
For example, if you're expecting a $100,000 settlement without the benefit of counsel, a lawyer would need to get you more than $150,000 to make it worth the bother.
Believe it or not, most attorneys give honest opinions on whether or not it would be worth your while to hire an attorney or take any easy settlement. This particular issue can be discussed during consultation with an attorney.
Remember, many law firms offer free consultations. Seeking a second opinion is also recommended.
It may be the smarter move to settle with the insurance company and get on with your life if...
In some instances, there just isn't enough upside to working with an attorney during the claims process.
It is important, however, to have a high level of confidence that something unexpected isn't going to happen. Once you sign off on an agreement, you'll likely never have the chance to seek more money ever again.
It's very rare but settlements could be reversed by a judicial order if it's deemed the insurance company or defendant's representative unjustly took advantage of a vulnerability of the plaintiff. This is a very strict standard and hard to prove.
Most injury and accident law firms offer free initial consultations, so feel free to ask around and get some advice before going forward with your claim.
If it seems clear to you that your case doesn't have sufficient long-term risks or expected compensation, it may be a smarter move to settle with the insurance company and get on with your life.
If any of these apply, you may need an attorney
When To Hire a Lawyer Checklist
Can you handle your own claim, or should you hire an attorney? Use this worksheet to determine when you should consider hiring a personal injury or workers' comp lawyer.
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How To Choose The Best Car Accident Lawyer
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Getting injured in a car accident can leave you fighting with insurance companies to get the coverage that you need to pay the medical bills. If you have one of the best car accident lawyers on your side, you will have an advocate working for you to make sure you get what is owed to you. Best of all, you don’t pay them until they get you money from the other party.
Here’s a guide to help you find the right car accident lawyer to meet your needs.
Finding the Best Car Accident Attorney
A car accident attorney is a type of personal injury attorney. You can be overwhelmed by the number of options there are in your area. It seems like every commercial, bus bench and billboard is offering the services of another attorney. By asking the right questions and looking for the right credentials, you’ll be able to narrow the field down to one that is right for you.
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What Is Their Experience?
Many personal injury attorneys focus on a particular type of case. Some handle workers’ compensation cases, others handle class action lawsuits against manufacturers and others handle car accidents. You want to find an attorney that has a lot of experience with car accidents. Look for a lawyer who has taken cases all the way to trial, in the unlikely event your case doesn’t settle before then. Of course, with this experience, there should be a winning track record of getting appropriate settlements and judgments from insurance companies.
What Are the Fees?
It’s no secret that attorneys cost a pretty penny. You want to find an attorney who works on contingency, meaning they don’t make any money until you get your settlement or judgment. Most personal injury attorneys work for a percentage of the final award amount. This is typically around 33%, and potentially more if your case goes to trial. You’ll also probably be responsible for costs such as filing fees and expert witness fees. Read the lawyer’s fee agreement closely so you understand what you’re responsible for. Don’t make the decision solely on the fee; if they’re the best, they may be worth the extra money.
Are They Able To Communicate Clearly?
You’ll have a lot of questions in the course of your case. You want to have an attorney who can speak to you in a way that you understand what is going on. A lawyer sticking to legal jargon may seem impressive but you will find yourself confused in the process.
Are They Respected by Their Peers?
Do some research online to see what other attorneys have to say about them. Don’t be afraid to ask them what percentage of their business comes from other attorney referrals. The higher the percentage, the better. Referrals mean that other attorneys have a high amount of respect for the person you’re talking to—enough respect that they risk their own reputation on a recommendation. A good attorney is also willing to provide references that speak to their abilities.
You can also contact the state bar to find out whether the lawyer has been subject to any disciplinary actions.
Do They Have a Professional Office?
You need an attorney who has the resources to handle your case. This means that they have the staff capable of doing investigative work and addressing issues as they arise. It’s likely that you’ll be interacting with some of these staff members as your case progresses. An organized office space is also a good indication that the attorney is running a professional business. It’d be hard to trust an attorney who is flipping through files trying to find your case when you come in for a meeting.
Why Do I Need an Auto Accident Lawyer?
It’s possible to handle an auto accident injury case on your own. You don’t necessarily need to hire a lawyer. That begs the question, why should you?
The reason that you should get an auto accident attorney is you will likely be given the bare minimum by an insurance company if you handle the case on your own. Insurance companies are in the business to make a profit and they do this, in part, by keeping claims costs down when possible. You might not be aware of certain legal rights to compensation for things like emotional trauma. An auto accident attorney knows the ins and outs of the process and, as a result, is able to get you the most for your accident. That’s their job.
When Should You Look for an Auto Accident Lawyer?
While you can bring an attorney on to your case at any time before the settlement is closed by the insurance company, it’s best to get one as soon as you are injured. The attorney may recommend specialist doctors to help diagnose the case and get you the best care that you deserve. And getting an attorney on board right away minimizes the chance that you’ll make a statement to the insurance company that damages your chances for a good settlement. Most clients find that the earlier that they get an attorney, the better their settlement becomes.
Find out more about car accident laws with our Pennsylvania guide to car accidents.
Frequently Asked Questions
Do I need an attorney to get a car accident settlement?
Should I get a lawyer for an accident that was my fault?
What is a fair settlement for pain and suffering?
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CAN YOU SUE FOR A CAR ACCIDENT IF YOU WEREN’T INJURED?
If you or a loved one was involved in a car crash and did not suffer a serious injury, you're one of the lucky ones. Most car accident claims involve bodily injuries that result from a collision. But just because you weren't the victim of a personal injury doesn't mean you can't take legal action to seek compensation for other damages.
Car accidents happen every single day. Consider this, according to the National Highway Traffic Safety Administration (NHTSA); there were 4,548,000 non-injury car accidents in the United States. Together, these damage-only accidents cost more than $70 billion in damages and insurance settlements.
Indeed, car accidents are a big deal, regardless of whether they caused a major injury, minor injury, or no injury at all.
If your car accident resulted in damages of any kind—whether you suffered an injury or not—seeking the legal advice of a personal injury lawyer or car accident attorney can help you get the most compensation for your claim.
In most instances, non-injury car accidents are resolved with a settlement, but if the insurance company tries to offer you much less than you need, you may consider taking your case to court.
In this article, I'll cover what you need to know about non-injury car accidents and share my advice on seeking fair compensation for your losses and damages.
Understanding No-Injury Car Accidents, Lawsuits, and Insurance Claims
If you are one of the lucky ones who walked away from a car accident unscathed, you may still be wondering about your options for compensation to cover other damages.
In most car accident cases, the victim is responsible for filing a claim with the insurance company to begin the process of recovering compensation for resulting damages and losses.
Claims can include compensation for property damage, medical bills, lost wages, pain and suffering, and more. If you were not injured in the accident, bodily injury-related damages would not be available to you.
The criteria for a personal injury lawsuit are:
You were involved in a crash that was caused by someone else's negligence
You suffered injuries as a result of the accident
Your injuries resulted in significant economic damages
If your situation does not involve all three of these criteria, you may not be able to pursue damages for a personal injury lawsuit. However, you are still entitled to seek legal action and compensation for a non-injury auto accident claim.
Settlement or Lawsuit?
Car accidents that result in bodily injury are often resolved in a settlement with the insurance company, but this is not always the case.
If a settlement agreement is not reached or the terms are unsatisfactory to either party, a car accident claim can be escalated to a lawsuit. This type of action may be necessary if there was significant damage done to your vehicle or if the other driver attempts to deny that it was their negligence that resulted in the car crash.
Though you suffered no injuries and thus have no medical bills and or injuries needing medical attention, there's still a good chance you have some property damage on your hands. Even something as seemingly innocuous as a fender bender can cause severe damage—damage that someone needs to pay for.
And if you were on the receiving end of this damage, you may still be able to file a property damage claim with the at-fault motorist's insurance company.
Seeking Compensation After a Car Accident with No Injuries
In Louisiana, you can recover non-injury damages from a car accident.
If the at-fault driver's negligence caused the accident, then they may be liable and held responsible for compensating you for any damages you suffered from the event.
What Non-Injury Damages Can You Recover?
In the case of a non-injury car accident, you may be able to recover damages, including:
Property damages—Financial compensation to pay for repairs to your vehicle and damaged personal items.
Emotional pain and suffering—Emotional health consequences from the car accident.
Lost wages—If you can no longer work, you may be eligible for compensation for lost wages or reduced earning capacity.
The damages you may recover depend on your particular case. Every car accident is unique, and the type and severity of the damages sustained will be used to determine what kind of compensation you're entitled to. A car accident attorney can help you figure out your options.
Fault Versus No-Fault Considerations
Your ability to pursue compensation is determined in part by the state you live in.
The laws and regulations of the state you live in will determine how you should approach the insurance claims process. When it comes to car accident claims and settlements, there are two types of states: fault and no-fault.
Fault States
Most states in the country operate on a fault-based insurance system. This means you should take legal action directly against the negligent driver's insurance company.
Louisiana is a fault state, and the statute of limitations is one year. That means you have up to one year to file a claim with the at-fault driver's insurance company to seek compensation for your losses.
No-Fault States
In no-fault states, such as Florida, Pennsylvania, and ten others, you can't file a personal injury claim or bodily injury claim against the driver who was responsible for the car accident.
Instead, you must file with your own insurance company using a type of insurance policy called personal injury protection (PIP). That said, if you have damages that exceed the insurance coverage limits of what PIP provides, you may be able to sue the at-fault driver for more serious damages or injuries.
If you are trying to seek compensation from a driver who is either uninsured or under-insured, you may need to explore other options to get the money you need to recover your damages. In some cases, the best option is to seek compensation from the driver or their insurer in a lawsuit. A car accident attorney can help you get the compensation you need.
A Car Accident Attorney Can Help You with Your Non-Injury Claim
Most non-injury car accident victims recover compensation through the insurance claims process in the form of a settlement.
Even if you did not suffer any apparent injuries, a personal injury attorney can help with your non-injury claim in a few important ways.
Free Consultation
At Bruscato Law offices, we offer a free case evaluation to all car accident victims in the Monroe, Louisiana area. If you need assistance dealing with the at-fault party's insurance company or exploring your rights to seek fair compensation, contact our office today.
We Will Prove Fault and Seek Maximum Compensation
We understand the car accident legal process inside and out. And for you to seek fair compensation for your damages, you must prove liability. Bruscato can help you prove liability in your car accident claim (including injury and non-injury damages) and figure out the best possible path forward that allows you to recover maximum compensation.
To prove your case, we'll work together to collect the following pieces of documentation (including, but not limited to):
Police reports
Medical bills and medical records
Photos of the crash site
Photos of property damage
Out-of-pocket expense receipts
Receipts associated with damages and repairs
These pieces of information will be used as evidence to help build your case and come up with a fair amount of money to push for you in your car accident claim.
We'll Handle the Insurance Company
Negotiating with the insurance provider is a crucial component in securing a favorable settlement. During the claims process, you'll need to work with the insurance company's claims adjuster and show them concrete evidence of your losses. The insurance company will either offer to cover your car repairs costs, cover the cost to replace your vehicle, or offer you much less than you need.
Suppose you aren't comfortable or confident in negotiating with insurance adjusters to reach an ideal outcome. In that case, Bruscato is ready to negotiate on your behalf and fight for the compensation you deserve.
Lastly, if you cannot resolve your claim with the insurance company, you will probably need to file a lawsuit. Litigation can be expensive, time-consuming, and stressful. Also, you will likely have to give a deposition. Going to trial is not likely, but if you do need to file a lawsuit, an experienced car accident attorney can help you through the process.
Speak to a Non-Injury Car Accident Lawyer in Monroe, LA Today
Even if you don't notice any physical symptoms from your car accident, I recommend waiting several weeks before finalizing your settlement details. In some cases, the onset of injury symptoms is delayed—especially in traumatic brain injuries (TBI), soft tissue damage, or herniated disk injuries.
Whether you decide to handle the car accident claim by yourself, with a repair shop, or with a car accident attorney, you will need to go through the structured settlement process to seek compensation for your property damage claim.
Law Firm specializes in personal injury cases, car accident cases, wrongful death cases, workers' compensation cases, and more.
Call today at 318-855-1613 to schedule a free consultation to discuss your non-injury auto accident claim.
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Should I hire a non-injury car accident lawyer?
Mostly, people involved in a car accident sustains injuries. But if you are lucky enough, then you can be left unscathed and wondering if you should call a car accident lawyer or hire an attorney about your case or you should just forget what happen because you’re not injured anyway and you think that it is not a big deal. These are all the things that you should know about a non-injury car accident, and if you should hire a non-injury car accident lawyer.
Can I sue If I wasn’t injured in an auto accident in Florida?
Florida is a no-fault state, this means that your personal insurance will cover any expenses needed. You cannot sue if you weren’t injured in a car accident. If you have minor injuries, then it will fall under the no-fault laws.
Should I hire a non-injury automobile accident lawyer?
You should hire an attorney if you are in need of compensation for expenses caused by an accident. Even if you don’t currently see any visible injuries you should still seek a medical professional to give you a proper examination. There are internal injuries or minor injuries that can turn into severe ones if not treated immediately. Your vehicle might have been damaged in the accident and has resulted in you being unable to get to work. Your lawyer will assist you in reaching a settlement to cover any expenses you might have had to pay.
What are the insurance risks of not reporting a non-injury car accident in Florida?
It is illegal to not report an accident, especially if there are expenses to pay. Some damages are hard to see immediately after an accident and you might not see the changes until a few days later. Some insurances have a deadline for when you can claim a car accident. If you wait too long and see that there is damage, then your insurance may reject your claim because it’s passed the deadline. If your insurance doesn’t decline your claim, then they can choose to cover a portion of the expenses as a result of you waiting.
Why do you need to get a non-injury car accident attorney?
Even if there were no injuries caused by the accident, there may still be expenses you need to pay. If your car has been damaged, then you would want to seek compensation for the damages caused. Once the at faults insurance has been notified that there was an accident you will be assigned an insurance adjuster. They will be the contact between you, or your lawyer, and the auto shop. You would have to take it into the shop to get an estimation and report that to the insurance. Your lawyer will help you figure out the true total of your car to make sure the insurance company isn’t trying to shorten your compensation. Along with that, they will help you calculate how much compensation you would ask for your settlement to cover all of your expenses and losses.
How does an auto accident attorney work with no injury in the state of Florida?
Even if there isn’t an injury there could still be damages that need to be repaired. Your lawyer will help you calculate how much your cars true value is and how much you should expect your insurance to cover. Sometimes insurance companies may try to not fully cover the expenses by paying less than the cars true value. Your lawyer’s role is to make sure that the compensation you get is the compensation needed to cover all expenses and to fix your vehicle to the point it was prior to the accident.
Frequently Asked Questions
What you should do if you are involved in a car accident with no injuries in Florida?
The first thing you should do is seek professional medical help whether it’s from the hospital or your primary physician. There are some medical issues that can hide through seemingly normal symptoms like headaches. You want to make sure everything is okay before going back to your regular activities. If your vehicle was damaged, then you would want to contact an attorney to help you with receive compensation from any expenses you have to pay for repairs.
What will a non-injury auto accident attorney do if I get rear-ended in Florida?
If you’ve been involved in a minor accident and need to pay repairs, like for a dent or any damage to the motor function of your car, then you would want to seek an attorney.
Does life insurance in Florida payout when the policyholder has a car accident with non-life-threatening injuries?
Life insurance covers expenses as a result of the death of an individual. They will not cover any expenses if there were no life-threatening injuries or a death caused by the accident.
How can a non-injury car accident attorney help me if my car is totaled?
If you were not at fault and your car was totaled, then the insurance should cover how much the vehicles pre-accident value. When you hire your attorney, they will help you calculate the expected value to ensure that the insurance company doesn’t try to short your settlement.
How long do you have to sue in the state of Florida for an auto accident?
According to Florida Statute 95.11, the statute of limitations to file a lawsuit for a car accident is four years.
You should get an attorney to represent you if there are damages that have expenses. Even if you suspect there are no injuries the best thing to do is to still get a medical opinion. You don’t want to risk irreversible damage because the doctors didn’t catch it in time. An experienced attorney will be able to help you receive the compensation you need, even if it’s a fender bender or your car is totaled. They will be able to help you calculate the true value to make sure you don’t get shortened on your settlement.
At the & Law Firm, we have criminal defense lawyers to represent you in your case. Call us today for a free consultation at 407-930-8912 or email at . We strive to always be available for you.
Home » Practice Areas » “Non-Injury” Car Accident Lawyers
“Non-Injury” Car Accident Lawyers
Sometimes, after a car accident, you immediately know you are injured and need medical attention as soon as possible. In other instances, you may feel instant relief that the accident didn’t cause any catastrophic injuries and that you escaped with your life.
However, there’s an entire spectrum of scenarios in between those two.
What if, after the adrenaline wears off, you notice that you have pain, stiffness, or something just doesn’t feel right? At this point, it is time to seek a medical evaluation and, if you receive a diagnosis of hidden injuries, you should call a car accident lawyer about your rights.
Our legal team at, Injury Accident Lawyers, is ready to help. We are a national law firm based in Houston with multiple offices around the country. We also work with affiliate law firms in most states that share our focus and dedication to excellence. No matter where you are located, we may be able to help you, so call or contact us now. We are open, for FREE, 24 hours a day, seven days a week, at 866-936-2201, or CONTACT US NOW by CLICKING HERE to submit your case for review.
Please note that our law firm does not handle non-injury (property damage only) auto accident cases. We can, however, offer assistance as needed to our personal injury clients with their property damage claims.
“Non-Injury” Car Accident Guide hide
Never Hesitate to See a Medical Professional
What Happens if You Do Not Get Diagnosed?
Why Call a Houston Car Accident Attorney?
Contact Our Law Firm after Your Car Accident
See what past clients have to say:
Never Hesitate to See a Medical Professional
Keep in mind that people recently involved in a collision may not realize that they were injured, or the extent of their injuries, until hours or even days later. For this reason, we always recommend getting checked out by a medical professional after an accident, just to make sure there aren’t injuries or symptoms that may not be obvious at first.
Remember – if you think you may have been injured in a car wreck, but can’t afford to get checked out, our firm may be able to help get you evaluated with NO out-of-pocket cost to you.
One of the biggest battles that we have with insurance companies who are fighting not to pay our clients’ car accident claims is the argument that, “Well, your client didn’t seek treatment right away, so they must not have been injured.” Even though sometimes injuries don’t appear for hours or days after an accident, and even though sometimes people just don’t have the money to see a doctor right away, the insurance companies always cling to this point.
My advice to you – don’t let them. We recommend a medical evaluation as soon as possible after a car accident to avoid nasty surprises down the road with your health and injury claim.
Since establishing our headquarters in Houston, Texas in 1999, our firm has grown to numerous locations across the country, including hubs in Dallas, New Orleans, Los Angeles, and Atlanta. Along the way, we’ve built a trusted network of partners throughout all 50 states who share our values and our commitment to excellence.
No matter where you are, it’s our mission to ensure that you have the finest representation for your auto accident case. We offer a free case review to better serve you after a serious car crash. We can help you through the claims process and safeguard your rights along the way.
Reach out now to learn more about how we can help!
Symptoms Can Take Time to Develop
Many hidden injuries may not make themselves apparent for some time after a crash. You may think that you got away injury-free when in reality, your symptoms just haven’t settled into your body. The following injuries can often prove tricky for you to identify yourself after an accident, due to hidden or delayed symptoms:
1. Traumatic brain injury (TBI)—This injury is commonly called the “silent” or “invisible” injury because it is so difficult to identify. Many people don’t realize that they hit their heads in a car accident, or they didn’t hit their heads at all, so they never consider the possibility of a TBI. Others may only bump their heads but never imagine it was hard enough to damage their brains.
However, a TBI can happen with even the slightest bump of the head—or even without any direct trauma at all. In some cases, a sharp jolt of the head—like whiplash in a car crash—is enough to cause the brain to shift and collide with the inside of the skull, resulting in a TBI.
Severe traumatic brain injuries are often immediately apparent, leaving a victim unconscious for some time. So-called mild TBIs—such as concussions—are often less obvious after a crash. The symptoms of a concussion can include feelings of disorientation, headaches, and fatigue. These are all natural feelings after a car crash, and many victims assume they are simply “out of it” because of the accident, but concussion symptoms can gradually worsen during the next few days or weeks. Due to the delay, it can be difficult to connect those symptoms to a possible crash injury. For these reasons and more, TBIs often go unnoticed after a car accident—making immediate medical attention even more necessary.
Brain injuries are complicated injuries that are different from person to person. It can be difficult to prove all the effects of your injury, so you want to have a highly experienced car accident lawyer if you received this type of diagnosis.
2. Soft tissue injuries—A car accident can cause your body to twist or stretch in unusual ways—often so quickly that you may not even realize it happened. A twisting motion is particularly common since the seat belt is only pulled over one shoulder, often stopping that side of the body while the other side twists forward. This sudden, unnatural motion can damage the ligaments, tendons, and muscles of the body.
Sometimes, a soft tissue injury will present obvious symptoms, especially in the case of a serious tear. Less apparent sprains and strains may—at first—result in only slight pain without any other symptoms. It is all too easy to mistake this pain as natural post-accident soreness and expect it to simply go away. Soft tissue injuries in the knees, shoulder, neck, back, and arms may go unnoticed—and thus undiagnosed—for some time. However, during the next few days or weeks, you may notice inflammation, bruising, and other signs that something is wrong.
Sometimes, insurance companies will claim you must have injured yourself in another incident following the accident if you did not seek medical attention right away. Our car accident attorneys know how to argue that you didn’t get help because the onset of symptoms was delayed.
3. Herniated disks—Most people know that neck or back strains commonly result from car accidents. Similar to soft tissue injuries, accident victims may write off the pain as normal after a crash and expect it to resolve itself over the next few days. However, the force of a car accident can cause more damage than you think. Sometimes, a crash can rupture one of your disks—the soft cushions between your vertebrae—causing the interior jelly to push out and irritate the surrounding nerves. This is called a herniated disk, and it can often result in more serious symptoms than a sprain or strain, such as loss of muscle control, muscle weakness, lost sensation, and severe pain.
However, some herniated disks start with no symptoms at all, only to worsen substantially during subsequent weeks or even months. Without a timely diagnosis, the prognosis for an undiagnosed herniated disk can worsen, and more intensive treatments may be required to relieve the problem.
4. Psychological injuries—Many people downplay the seriousness of psychological injuries that can develop after a car wreck. In fact, you may not even consider the possibility that your crash can result in significant psychological damage. However, research shows that more than 9% of car accident survivors develop post-traumatic stress disorder (PTSD), which can result in many adverse symptoms. PTSD can cause nightmares, flashbacks, avoidance of cars, anger issues, and more. You may discount these symptoms as products of stress or other conditions in your life instead of considering a possible evaluation for PTSD. Untreated PTSD, however, can result in anxiety, depression, and intense fear. While all of these conditions are treatable with therapy, medication, and other approaches, sadly, many people fail to receive the remedies they need.
The above are only some examples of many injuries that may go undiagnosed after a car crash. Even if you believe you were in a non-injury car accident, see a trusted doctor to ensure you aren’t missing subtle signs of injury. If you do receive a diagnosis, contact our car accident law firm for more information about your legal rights right away. We have successfully handled car accident cases like yours and can get you the compensation you deserve.
What Happens if You Do Not Get Diagnosed?
Many car accident victims underestimate the effects of a delayed diagnosis of their injuries—or of no diagnosis at all. In fact, different adverse effects can occur for both your health and any subsequent legal claims. Our car accident attorneys have seen the consequences of not getting a diagnosis time and time again.
First, a delayed diagnosis means that your injury will go untreated, which often causes the condition to worsen. Complications may arise when proper treatment would’ve prevented them. For example, a minor fracture may heal easily if you receive the proper medical equipment and follow treatment instructions. However, if you mistake your fracture for a strain that will heal on its own and fail to get a diagnosis or treatment, bone deformities or permanent damage to your muscles, ligaments, or nerves can result.
Next, not getting a timely diagnosis can affect a legal case in different ways. Once you realize you sustained an injury, you likely want to seek compensation from any negligent parties that caused your accident. However, any delay in diagnosing your injuries can cause that party’s insurance company to fight against liability by claiming the following:
Your injury was not the result of the crash in question – If significant time passes between your car accident and your diagnosis, the insurance company can claim plenty of time had elapsed for you to get into a subsequent accident of some sort. The insurer will likely assert that the alleged subsequent “accident” was the actual cause of your injury, so the driver in the initial car accident should not face liability for your medical expenses. This situation does not make recovering compensation impossible, but it can require your attorney to provide more technical and detailed evidence that the crash caused your injuries.
You exacerbated the injury by waiting too long – An insurance company can also claim that your medical bills are much greater due to your neglect of the injury and the delay of diagnosis. The company may argue that you would have required far less extensive—and less costly—care had you gone to the doctor right away and received immediate medical treatment. Therefore, the insurer may try to deny payment for most of your medical costs because you possibly could have avoided them.
Again, while a delayed diagnosis may complicate your car accident claim, it does not automatically bar you from financial recovery. Never let this stop you from contacting an attorney to discuss where to go from here.
Our injury attorneys take on difficult car accident cases, and we can assess whether your claim can be successful with a delayed diagnosis. Contact us for a free case evaluation so we can review what happened and inform you of your legal options.
Why Call a Houston Car Accident Attorney?
You may think that getting compensation after a car accident is as simple as filing an insurance claim and receiving a check, however it is rarely this easy. Many car accident victims come to us for help after they have already tried to handle the process themselves—only to be disappointed. The sad reality is that insurance companies are NOT in business to pay out on every claim. Instead, these companies try to limit claims—and even deny them—whenever they can. They do this to protect their profit margin.
Even without a delayed diagnosis, you can run into many roadblocks with the at-fault driver’s insurance company. They can try to trick you into giving recorded statements that they later use against you. They may try to downplay your claim to get you to accept a lower settlement. They will act like you can trust them—but believe us, you CANNOT trust them to work in your best interest. Believing you were in a non-injury accident and then having a delayed diagnosis can only make this process harder.
Insurance providers are notoriously skeptical of injury accident claims that come too long after the accident. They may refuse to believe that your injuries were caused by the motor vehicle crash at all. This may make them difficult to deal with, and you might not get the amount of money you need to pay for medical costs and lost wages.
When this occurs, an experienced car accident attorney can help you determine who the at fault party is and hold them accountable for their negligence. This may include performing a serious investigation and gathering evidence to build your case, such as the police report, medical records, and expert testimony.
The team of personal injury attorneys and legal professionals at Stewart J. Guss, Injury Accident Lawyers, tackle these insurance adjusters and their companies head-on, without hesitation. We see right through their tricks and tactics, and we know how to fight for the payment you truly deserve. Our Houston car accident attorneys are not afraid to take your claim to court if needed, and we will always strive for the best possible outcome after your crash.
Contact Our Law Firm after Your Car Accident
While non-injury car accidents do happen, it is never safe to assume that you were not injured. It takes the analysis of a medical professional and diagnostic testing to reveal your injuries in the hours or days following your crash. Do not wait for your injuries or symptoms to manifest during the next weeks or months—instead, get checked out as soon as you can!
After you take the time to see a doctor, gather all of the relevant information possible about your accident and injuries, then reach out to the law office of Stewart J. Guss for help. For over 20 years, our nationally recognized personal injury lawyers have helped people with many types of serious injuries and damages from car crashes.
Call our office right now to schedule a free consultation! We take all of our personal injury cases on a contingency fee basis, so you will not owe us a DIME unless we win your case. We are available 24-hours a day, 7-days a week, so call us today at 866-936-2201 or send an email by CLICKING HERE.
Our auto accident attorney is here to help you – no matter how minor you believe your injuries to be.
Don’t Take Chances – Let Us Help You!
“As a relatively new resident of Houston, I did not know of an attorney to contact for a personal injury suit. I randomly went through the yellow pages contacting two attorneys that had rejected my case prior to me contacting . took my case on and settled for far more than I had anticipated. The silver lining of this is that I will now have enough money to go back to school for retraining, so I will be able to reenter the workforce in a new capacity. The paralegal, Angela, was kind and supportive throughout the process. If I did not understand the legal jargon, I did not hesitate to ask, and was never once made to feel that I was incompetent. Thank you and Angela for giving me a new lease on live.”
Since starting his firm in 1999, has had the honor of representing clients from all over the world, helping them recover from even the most catastrophic injuries.
Today, thanks to a strong belief in those values of compassion, respect, and approachability, the firm has grown to employ over 120 legal professionals in numerous offices across 4 states, with nationwide reach.
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Car Accident Lawyer in Queens, NY
If you have been involved in a car accident in Queens, you may have serious, painful injuries. Your car may be a total loss. You may even be out of work because of the crash. During this difficult period, your recovery can seem overwhelming and unending.
At times like this, remember that help is just a phone call away.
At The Law Firm, P.C., we are committed to helping people who have been injured in a car accident in Queens, NY whether it was a side impact accident, rollover accident, head-on collision, leased car accident, or a rental car accident. We understand what a car accident can take from you, and we know how to build the car accident claim you deserve. Our firm has helped car collision victims throughout Queens seek the compensation they need for medical bills, lost income, and other losses they have suffered.
No matter what kind of injuries your car accident caused, our firm is dedicated to taking the pressure off you. We will give you the personalized service and full attention you deserve. We will work every day to pursue the compensation you need. We will aggressively negotiate with insurance companies to maximize your compensation. Our mission is to tirelessly advocate for your recovery.
In negotiations or at trial, trust the car accident attorneys The Law Firm, P.C., to help you. To get your free case review, contact us today.
How a Queens Car Accident Lawyer Can Make a Difference in Your Case
Too many people in Queens try to handle car accident claims on their own. They do not understand that our Queens car accident lawyer can help in these ways:
Valuing your car accident claim – After a car accident, some people accept an insurance payout regardless of how small it may be. Those car accident victims may not understand what their case is actually worth or what compensation they deserve. Our car accident attorneys have experience handling car accident claims. We can help you understand your compensation options.
Answering your questions about your case – A car accident lawyer can answer any questions you have about your claim and how to move forward. New York laws can be complex, but our attorneys have knowledge of the law and experience handling car accident claims. As you recover, let our car accident attorneys reduce your stress by handling the paperwork and court filings of your claim.
Negotiating with the insurance companies – Just like other businesses, insurance companies are focused on their bottom line. They will use every tool at their disposal to minimize what they have to pay out for your damages. A Queens car accident attorney knows how to handle insurance companies and will work to maximize the compensation you receive.
Providing professional legal skills if your claim goes to trial – If the responsible parties will not provide the compensation you deserve, your car accident case may head to trial. An experienced personal injury attorney can make all the difference in the world by preparing court filings and fighting in court for your right to compensation.
Pursuing Full Compensation in Your Car Accident Claim
After an auto accident, a car accident lawyer knows how to pursue the full compensation you deserve. That may include compensation for:
Medical costs for treating your injuries and for managing them in the future
The income and wages you lost as well as any harm to your future earnings
Property losses, including your vehicle and other personal items
Pain and suffering that you experience because of your injuries
The wrongful death of a loved one, including the loss of their support and their final expenses
Under New York law, these and many other types of compensation may be available in your car accident claim. If you have questions, reach out to one of our Queens car accident attorneys.
What Does It Mean That New York Is a No-Fault State?
“No-fault” describes a type of auto insurance. A no-fault insurance plan pays for the damage from an car accident, regardless of which motorist was at fault. Under a no-fault plan, your insurance company will handle your claim and pay for your damages and injuries. The other person’s insurance company will do the same. For example, if you are driving your car and another motorist collides with you, your own no-fault insurance would cover you up to your policy limit.
No-fault insurance is mandated by the state of New York and may cover important car accident related costs. The minimum coverage for no-fault insurance in New York is $50,000. That amount can be used for medical bills, lost income, certain household expenses and death benefits if someone is killed in the car accident. To qualify for no-fault insurance, you must file a claim within 30 days of the accident unless you can prove you could not comply with that requirement.
What If You Were Partly at Fault for Your Traffic Collision?
New York follows what is known as a comparative fault rule. Under that rule, any compensation you win for your claim may be reduced by the amount you were at fault. For example, if a court determines that you were 25 percent at fault for a car accident, then the court would reduce your compensation by 25 percent. When you are building your claim, you will need to understand how the crash happened and whether you were at fault for any part of the car accident.
Get Started with your CaseCall Us at 718-606-4931
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Time Limit for Filing a Car Accident Lawsuit in New York
New York sets time limits on car accident lawsuits. These time limits are known as statutes of limitations. Under New York’s statute of limitations, you usually have up to three years after a car accident to file your lawsuit. If someone close to you is killed by injuries from a car accident, you normally have two years from the date of that person’s death to file a wrongful death lawsuit.
Depending on the facts of your case, these time limits may be longer or shorter. That’s why it is vital to talk with a Queens car accident lawyer after you are injured. A car accident lawyer can discuss the time limit that applies to your claim.
Safeguarding Your Rights After a Queens Traffic Collision
Following a car accident, take these steps to help protect your rights:
Get in touch with police and medical services for the care you need.
Photograph the accident scene and the vehicles that were involved.
Collect witness contact information.
Avoid discussing the accident with others who were involved.
Do not discuss the accident or your injuries on social media.
Talk with a Queens car accident attorney about your options.
Common Car Accident Injuries
Major injuries after a car accident include:
Head injuries – Even with all of the car safety improvements in recent years, head injuries are still common in car accidents such as head-on collisions. Head injuries, particularly brain injuries, may take time to show up and may lead to years of medical and psychological problems.
Neck injuries – A car accident can easily harm your neck leaving you with long-term pain and impairment. Even a low speed rear-end accident can result in painful whiplash that can last for months or years.
Spinal cord injuries – All spinal cord injuries are serious and can lead to impairment, paralysis, and even death. Although modern medicine has made major progress in treating spinal cord injuries, some of those injuries cannot be repaired.
Broken bones and ribs – The force of a car accident can lead to fractured bones. These fractures may leave you with pain and impaired movement.
Scarring and disfigurement – Flying objects, glass, and sharp edges can leave accident victims with severe wounds and permanent scars. Surgeries may repair some of the damage, but many victims are left with permanent injuries.
Bleeding, including bleeding from internal injuries – Blood loss often occurs in car accidents. If the bleeding is internal, complex and costly surgeries may be required. Significant blood loss can result in coma, organ failure or death.
Burns – The fluids and gasoline in a vehicle sometimes ignite after a car accident and cause life-threatening burns. Victims who suffer serious burns may need long-term hospital stays and painful surgeries to repair the damage.
Lasting pain and emotional injuries – Car accidents can lead to long-term pain and deep emotional harm. Anxiety, stress, fear and depression are common among victims of serious car accidents.
Common Causes of Car Accidents in Queens, NYC
Common causes of car accidents include:
Distracted driving – Cell phones, in-car entertainment systems and other distractions take drivers’ attention away from the road. When drivers pay more attention to their devices than the road, a car collision can be the painful result.
Drunk or intoxicated driving – New York laws prohibit the operation of a vehicle while a motorist is intoxicated or impaired by drugs. Despite those laws, some motorists still engage in that illegal conduct. Drunk and intoxicated driving can cause a serious car accident and leave victims with serious and sometimes fatal injuries.
Speeding – Speed limits exist for a simple reason: to keep you and other New York motorists safe. When people fail to follow the speed limit, major car accidents – even deadly ones – can occur.
Failure to follow traffic laws – Too many drivers ignore the rules of the road and drive recklessly leading to horrific accidents that could have been avoided.
Tailgating – As part of a driver’s education course, motorists are taught to keep a safe distance from other cars. Nevertheless, rear end collisions occurs all too frequently. Serious accidents are the result.
Driving inappropriately for weather conditions – People in Queens and New York understand how the weather can change and what that means for their commutes. Unfortunately, some motorists choose to ignore the dangerous impact that weather can have on New York’s roads and highways.
Equipment failures – Not all car accidents are the fault of the driver. In some cases, a tire blowout, a brake failure, or another part malfunction can cause injuries. In those cases, the car manufacturer, the part manufacturer or the repair shop may be liable for a motorist’s injuries.
Damage to the roadway or objects on the road – When you’re driving, it’s always best to expect the unexpected. Potholes, objects that fall from other vehicles, or even pedestrians can unexpectedly appear in a driver’s path and cause a serious car accident.
Talk to a Queens Car Accident Lawyer Now
Call 718-606-4931 if you have been injured in a car accident in Queens, NY – a car crash lawyer at The Tadchiev Law Firm will handle your case with expertise. We serve as aggressive advocates for car accident victims in Queens. Our goal is to deliver the personalized attention and service that you deserve. We are ready to fight every day to help you maximize your compensation. You can rest easy knowing your case is in good hands.
We charge no fees unless we win for you, and we offer a free case review to answer any questions you may have. For your free case review, call us today or reach out online.
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Meet the Team
Omaha Personal Injury Lawyers / Omaha Car Accident Lawyers
OMAHA CAR ACCIDENT LAWYERS
ATTORNEYS HANDLING CAR ACCIDENTS THROUGHOUT NEBRASKA
Hiring a car accident lawyer is one of the best decisions you can make if you were injured through the carelessness of another driver. The attorneys at Hauptman, O’Brien, Wolf & Lathrop can help if you or a member of your family sustained life-altering injuries in a car accident.
Our lawyers are dedicated to protecting your rights and best interests. We can help you navigate the aftermath of a car accident and pursue the compensation you deserve.
Please call at (402) 241-5020 today for a free consultation with a car accident lawyer. Our attorneys serve clients in Omaha, Sarpy County, and all of Nebraska and neighboring Iowa.
On This Page (Quick Links):
Why Do I Need a Car Accident Lawyer?
What Compensation is Available in a Car Accident Claim?
Steps to Take After a Car Accident
Common Injuries From Car Accidents
Video Questions and Answers From Our Attorneys
You never know when a car accident could happen. In the United States, there are more than 6 million car accidents every year. That translates to an injury occurring every 14 seconds and a fatality caused by a car accident occurring every 12 minutes. It only takes a split second of negligence and, just like that, your life and the lives of others involved can be forever altered.
Don’t try to handle the aftermath of a car accident alone. The Omaha car accident lawyers at Hauptman, O’Brien, Wolf & Lathrop, P.C. are here to help relieve the stress by taking the weight of paperwork, phone calls, and court dates off your shoulders. Our priority is to see you happy and made whole.
WHY DO I NEED A CAR ACCIDENT LAWYER?
When you work with the car accident lawyers at., you will be able to count on us to handle every aspect of your car accident claim. We will be able to provide you with a voice as well as serve as a platform in your battle against insurance companies. It is important to consider the following points when deciding whether or not to hire a car accident attorney:
OUR CAR ACCIDENT LAWYERS CAN PROVIDE SOUND ADVICE
As a victim of a car accident, you may find yourself asking a lot of questions and finding no answers. Questions you may have include:
Which insurance is going to pay my medical bills?
Who is going to pay for the damage to my vehicle?
Can I receive compensation for the pain and suffering that I am experiencing?
Questions like the ones above, along with many more, can all be answered by one of our experienced auto accident lawyers in Omaha. We can provide you with advice on where to go and who to see throughout your entire case so that you never have to feel alone.
OUR CAR ACCIDENT LAWYERS WILL BE YOUR VOICE
During your case, you should never speak with anyone about the specifics of your accident without the guidance of one of our car accident lawyers. From the moment you hire one of our attorneys, we will become your voice and handle all communication that occurs with insurance companies and anyone else involved with your case. We will take all of the stress off of your shoulders while you concentrate on recovering.
OUR CAR ACCIDENT LAWYERS WILL THOROUGHLY INVESTIGATE YOUR CASE
Although your recollection of the accident is very important to the outcome of your case, additional investigation by one of our lawyers is usually required to uncover more truths. Often, an accident reconstruction expert will be needed to determine just how your accident occurred and who was at fault. Our lawyers have the resources and contacts that are needed to properly investigate your accident. We will work tirelessly to ensure that you are fully and fairly compensated for your damages.
OUR CAR ACCIDENT LAWYERS KNOW WHAT YOU DESERVE
How much compensation you receive in your case largely depends on the type and severity of your injuries. Often, insurance companies will contest the amount of an accident victim’s medical bills and other damages because they don’t want to pay the full amount. Our experienced injury lawyers know how to correctly evaluate medical documents and other evidence to make sure that you don’t receive less than adequate compensation.
Most car accident cases will settle out of court through careful negotiations. Having a car accident lawyer help you through this process is important because those who do not may undervalue or overvalue their claim. Don’t settle for less than you deserve and contact an auto accident attorney today. You will feel comfortable knowing that our lawyers are skilled negotiators and are fighting in your best interest.
WE WILL BE YOUR STEADFAST ADVOCATE IN COURT
Should your case be taken to court, our injury lawyers will be by your side every step of the way. We will advocate for you in front of a judge, jury, and the defendant’s legal party. You can be sure that the other party will have lawyers fighting for them too, so it is important you have us there to combat their knowledge. You are not alone in this time, contact & for a free case evaluation today.
OUR LAWYERS HELP YOU GET COMPENSATION FOR CAR ACCIDENTS IN OMAHA
At Hauptman, O’Brien, Wolf & Lathrop, we will investigate the events that led to your car accident and determine how it occurred. Our auto accident attorneys are prepared to conduct a thorough investigation, establish liability, and fight tooth and nail for the compensation that you deserve.
WHAT COMPENSATION IS AVAILABLE IN A CAR ACCIDENT CLAIM?
You may accrue numerous expenses, injuries, and damages in a car accident. With the help of our experienced car accident lawyers and depending on the circumstances of your case, you may be entitled to recover compensation for the following damages:
Damage to your property
Medical expenses
Loss of enjoyment of life
Lost wages and earnings potential
Surgical costs
Pain and suffering
If you are injured by a driver without insurance coverage, your own insurance policy’s uninsured motorist coverage should apply. However, even if you have faithfully paid your premiums for years, your own insurance company may try to deny your claim.
WHO IS AT FAULT IN A CAR ACCIDENT?
Nebraska operates under a “fault” insurance system meaning that drivers in car accidents are required to recover compensation from the driver at-fault initially. Nebraska also has a contributory negligence rule that states that you must prove that any fault that you had in your accident was less than half of the total fault of the other driver.
STEPS TO TAKE AFTER A CAR ACCIDENT IN OMAHA OR SARPY COUNTY
Reckless and negligent drivers cause many car accidents. Whether it’s a distracted driver who didn’t see you or an overly aggressive driver who sideswiped you as they passed by, you shouldn’t be responsible for someone else’s mistake.
If you are involved in a car accident, there are several steps you can take to protect yourself and those around you in the moments that follow:
Most importantly, check yourself and anyone else involved for serious injuries. If there is any bleeding or someone is unconscious or not responding, call 911 right away.
If everyone appears to be okay, look at the vehicles to see if they can be moved from the roadway. If they are not able to be moved, call 911 or your local non-emergency police department number. If you’ve already contacted the authorities, wait for them to arrive at the scene.
As you wait, gather contact and insurance information for each driver involved. Never leave after an accident without the other party’s information.
See if there were any witnesses to the accident. If there are, ask them if they’d be willing to give a statement to the police or insurance companies, if necessary, and collect their contact information.
Use your phone or a pen and paper to write down the basic details of the car accident: date, time, location, weather conditions, etc.
Call each insurance company involved and file a claim. Be prepared to give them the basic details you’ve written down.
As you speak to police or insurance agents, remember, do not make any statements regarding who is at fault. Statements like this given at such an early stage can be potentially incriminating or damaging to your case. Always speak to a local Omaha car accident attorney first.
If police were called, you’d probably need to speak to them before you’re free to go home. If you are unsure about the condition of your vehicle, do not drive it. Your insurance provider should be able to help you get a tow truck and take it to the nearest approved garage.
COMMON INJURIES FROM CAR ACCIDENTS
Around 40% of all car accidents are rear-end collisions. As a result, the most common injury seen in an accident is whiplash. The sudden impact of a collision, especially a rear-end collision, results in occupants’ heads being thrown forward, causing the neck to bend suddenly at an extreme and unnatural angle. Whiplash can cause extreme pain and muscle cramping that can last for days or weeks following the incident.
READ MORE: WHO IS AT FAULT FOR A REAR-END ACCIDENT?
If you’ve never experienced a car accident, you may not realize that they can cause emotional trauma as well as physical injury. Whether the injuries are emotional or physical, chances are they will manifest in a variety of ways that are not only painful but disruptive to your everyday life.
The injury lawyers at Hauptman, O’Brien, Wolf & Lathrop, P.C. have years of combined experience handling car accident claims. We may be able to help you recover damages for your injuries, including:
PHYSICAL INJURIES FROM CAR ACCIDENTS
Cuts/Gashes
Scratches/Abrasions
Bruising
Acquired Brain Injury/Traumatic Brain Injury
Neck/Disc Injury
Spinal Cord Injury
Partial/Complete Paralysis (temporary or permanent)
Broken Back/Broken Vertebrae
Facial/Dental Damages
Burns
Broken Bones
Internal Bleeding
Organ Damage
PSYCHOLOGICAL INJURIES FROM CAR ACCIDENTS
Mental Anguish
Anxiety
Loss of consortium
Confusion/trouble concentrating
Loss of enjoyment of life
Nightmares
Depression
PTSD
Guilt
Insomnia
WHO WILL PAY YOUR MEDICAL BILLS?
If you are injured by a driver without insurance coverage, your own insurance policy’s uninsured motorist coverage should apply. However, even if you have faithfully paid your premiums for years, your own insurance company may try to deny your claim.
DO I NEED A CAR ACCIDENT LAWYER?
Always speak with one of the Omaha car accident attorneys at Hauptman, O’Brien, Wolf & Lathrop before you speak to any insurance company. They are used to dealing with people without legal representation, and they are NOT on your side. If there is a personal injury claim by you against their client, they will offer you much less than you are entitled to.
SPEAK TO OUR OMAHA CAR ACCIDENT ATTORNEYS
Reckless driving doesn’t always cause a car accident. But when it does, the driver who caused it should be held accountable for their negligence. For many years we’ve helped innocent members of our community recover damages in the wake of an accident. We’re compassionate, caring, and willing to fight for what’s right; just ask some of our clients.
Dealing with claims paperwork, phone calls, and negotiations can quickly become intimidating. Fortunately, the attorneys at Hauptman, O’Brien, Wolf & Lathrop, P.C. have the experience to tackle even the toughest of situations.
The fact of the matter is, you don’t deserve to take a financial hit for a car accident that wasn’t your fault. Our attorneys have more than 200 years of combined experience representing injury victims. We have been repeatedly voted the #1 personal injury law firm in Omaha for our commitment to protecting our clients’ rights and safeguarding their futures.
If you’ve been injured in a car accident by a negligent driver, schedule your free consultation with us today. Give us a call at (402) 241-5020 to speak to a car accident lawyer today.
VIDEO QUESTIONS AND ANSWERS FROM OUR ATTORNEYS
We handle a variety of car accident cases and other personal injury claims. In order to better serve our clients, we have compiled a list of common questions and answers.
What is a deposition?
If my insurance company covers part of my costs will that affect the settlement amount?
What should I say or not say to my insurance company?
Why is my insurance company requesting proof of loss?
Is there a time limit for when a claim needs to be filed?
Will I have to go to trial?
Should I accept my insurance company’s settlement offer?
What is maximum medical improvement (MMI)?
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Maximize your compensation, be prepared with our FREE Guide:5 Steps to Take After a Car Accident
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Houston Non-Injury Car Accident Lawsuits
You’re one of the fortunate ones if a family member or you were in an accident and didn’t sustain major injuries. The majority of vehicle claims involve injuries sustained as a result of the incident. However, even though you were not affected by a physical injury, it does not exclude you from seeking reimbursement for other losses.
Accidents involving automobiles occur on a daily basis. Car wrecks are serious events, whether they result in significant injuries, mild injuries, or no injuries at all. Non-injury automobile accidents are usually settled out of court, but if the insurance provider tries to offer you far lower than you want, you may want to think about filing a case with the court.
What Kind of Attorney Do I Need for a Car Accident With No Injuries?
You may believe that you do not require the services of a non-injury automobile accident lawyer. However, it is in your best interest to claim compensation for any damages or repair bills if your vehicle has been ruined.
Your lawyer will assist you in reaching an agreement to cover these costs. It is critical to have a lawyer represent you if any party decides to bring a lawsuit. A non-injury vehicle accident lawyer can assist you to defend yourself if you weren’t injured or at fault in the accident and help you in the following ways:
Determining What Compensation You Are Entitled To
Do you know how much money you may be entitled to following a car accident? Maybe you just got a quote to fix your automobile, or maybe you just got a bill from your post-accident hospital visit. You may be able to sue for a variety of damages depending on the facts of your accident, including:
Medical fees: Lawyers will be able to reasonably predict how much you will incur in the future as a result of the accident.
Lost wages: You can receive compensation for the amount of time you were unable to work due to your emotional or mental trauma.
Reduced earning capacity: If your injury has impacted your ability to work and earn a living, either temporarily or permanently, you can seek damages.
Anguish: You could be eligible for tens of thousands of dollars in damages for misery and anguish.
Damages: If the lawyers can establish that the other driver was acting carelessly or deliberately, you can seek compensatory damages even without an injury.
Dealing with the Insurance Company
Dealing with the insurance company is essential for obtaining a satisfactory settlement. You’ll need to cooperate with the insurance company’s claims adjuster and provide them solid evidence of your damages during the assessment process.
The insurance provider might agree to pay for your car repairs and restore your vehicle, but they could also provide you significantly less than you require.
In most cases, your non-injury vehicle accident lawyer will represent you in negotiations and fight for the money you are entitled to, so you wouldn’t have to worry about dealing with the insurance agents to get a favorable outcome.
Lastly, if the insurance company is unable to resolve your insurance claim, you will most likely need to launch a lawsuit. Litigation is time-consuming, costly, and unpleasant. You will almost certainly be required to give a deposition. Although going to trial is unlikely, if you do need to file a claim, an experienced automobile accident attorney can help in this process.
If You Were Involved in a Non-Injury Lawsuit, Call Houston Personal Property Attorney
You are likely to go through a long procedure to obtain compensation for your damage claim. Getting a non-injury vehicle accident lawyer can make things easier for you by assisting you in assessing your existing and potential damages as well as determining your legal rights. Unfortunately, our firm does not handle non-injury / personal property only claims.
However, if you’ve been injured by the negligence of another, you could hire any car accident attorney in Katy, TX, or you can hire a certified auto injury lawyer in West Houston. Joe Stephens has been defending injury victims in Texas for over 3 decades from negligent individuals, companies, and greedy insurance companies. As a local auto wreck lawyer in Katy, TX, Joe handles all cases personally, and his staff is always available to answer questions.
The Law Firm, Car Accident Lawyers handles auto accident lawsuits across Texas, including these Houston cities.
Call Us Today at 281-623-1701. You Only Pay If We Win!
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