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Thousands of auto accidents take place on our nation's roads and highways each day in the U.S., and the consequences of these collisions can be devastating – both for the unlucky passengers and for innocent bystanders.  From minor scrapes to life-threatening trauma or paralysis, injuries resulting from careless or impaired drivers can be emotionally and financially draining.  If you or a loved one has been injured in an auto accident, you have the right to be fairly compensated.

The state of your physical and financial health is too important to entrust to just anyone.  You may be able to recover all of your damage, including property damages, medical costs, personal suffering, potential future losses and, in some cases, punitive damages.  From drunk driving accidents to multiple car pile-ups, you deserve to be reimbursed for your emotional and physical suffering.  It is imperative that you find an experienced auto accident lawyer who specializes in auto-related compensation suits for your specific needs.

Auto accidents take a huge toll on the population of America each year.  The dependence on the car as the primary mode of transportation means that the numbers of auto accidents will likely increase in the years to come.  Americans should not be lulled into the false sense of security that larger vehicles, such as light trucks and SUVs provide more protection than smaller cars, for this is rarely the case.

What should I do after a car accident?

Call 911 for police and medical help.  When everyone is out of danger, gather and write down as much information about the accident as  you can:

  • Names, driver's license numbers, contact information (at least home address and phone number) and insurance information for all drivers.
  • Whether any of the drivers appeared to be under the influence of alcohol or drugs.
  • Names and contact information for all passengers, all pedestrians and all witnesses.
  • Any and all comments you hear about the cause or consequences of the accident.
  • Location, date and time of accident.
  • A detailed description of the accident, including which direction the vehicles were going before the accident, the weather and related conditions (fog, rain, night, ice), what happened, any injuries, what was damaged and what the police did, especially if they issued tickets or gave a sobriety test.  Drawing a diagram can help clarify what happened.
  • Any problems with vehicles not caused by the accident such as bald tires or a burned out headlight.
  • Contact information for police at the scene.

Gather as much information for the claims investigation as possible.  As time passes, memories tend to fade.  When you are questioned later, you will be glad you wrote down details at the scene.

  • If you have been seriously injured because of the negligence or wrongdoing of another party, you may be eligible to file a personal injury lawsuit to seek compensation for the damages you have suffered.  Personal injury claims, also known as "tort" claims, follow specific provisions established by the state in which you reside.  However, most states follow the same guidelines for personal injury lawsuits.
  • There is a wide range of claims that may be filed under a personal injury lawsuit, including, but not limited to those involving auto accidents, motorcycle accidents, trucking accidents, wrongful death, medical malpractice, slip and fall accidents, product liability, brain injuries, workplace injuries, birth injuries and more.
  • There are a number of economic and non-economic damages that may be awarded in a personal injury lawsuit.  Compensation can be recovered for pain and suffering, medical costs, lost income capacity and more.  All damages include present and future expected losses.  You may also be eligible to recover punitive damages if you can prove the defendant's conduct was intentional or malicious.
  • In all personal injury lawsuits, the burden of proof falls on the plaintiff.  This means that you must prove by a preponderance of the evidence that your injuries were the direct result of the defendant's negligent actions.  If you can prove the extent of the injuries suffered, you can be awarded compensation for your losses.  In most cases, a qualified personal injury attorney will appoint medical professionals, as well as other expert witnesses to testify on your behalf.
  • All personal injury lawsuits are subject to a statute of limitations that varies depending on the laws of the state where you live.  A statute of limitations limits the amount of time a victim has to file a personal injury lawsuit.  In many states, the time limit begins immediately after the injury occurs.  However, there are exceptions to the statute.  Contact a personal injury attorney to find out the laws in your state.

Personal Injury Rights

What are your personal injury rights when you are the victim of a car accident?  Many people believe that if they are at fault in a collision, they are responsible for everything.  Whether you are responsible for it or had no fault whatsoever, your insurance company is responsible for covering all your initial medical expenses.

If  your accident caused significant personal injuries, your personal injury rights entitle you to money to compensate for the following:

  • Reimbursement of medical bills
  • Your lost income
  • Your household chores if you are unable to complete them due to your injuries
  • Your vehicle's damage, and if it requires repair, you are also entitled to a rental car
  • Damages for loss of enjoyment of life and pain and suffering

Sometimes your damages are limited by state laws, so the money you are entitled to for your pain and suffering depends on whether or not they reach a certain limit.  An experienced attorney can provide legal counsel, pertaining to your personal injury rights, and help you recover the compensation you deserve.

What kind of compensation can I qualify for after a car accident?

Millions of car accidents occur each year, injuring people and damaging property.  Where a matter is very minor, many people file reports with the police or DMV, tell their insurance company, and pay the losses out of their own pocket.  But all too often, the matter is not minor, and can cost you significant amounts of money, time, inconvenience and pain.

If you're injured, you'll likely require medical attention and may need rehabilitation, both of which can be expensive.  Click here for a helpful article regarding medical expenses.  A car accident may cause you to lose income or have to use sick leave because of injury, treatment and recovery.  You might have damage to your car.  While your car is being repaired, you may have to rent another car.  You may lose the ability to perform various activities of normal daily living, for a while or long term.  You may endure pain and suffering.

You may seek recovery after an accident to "make you whole again."  You should be compensated in a manner that, as best the law can arrange, places you back in the same position you were before the accident.

In addition to normal compensatory damages, in extreme cases, punitive damages may be available if the injury was a result of the other driver's reckless or irresponsible behavior, or if the accident or the injury was caused by something about the car that is dangerous – a defect --- that the manufacturer should have corrected.    

Fatal Car Accidents

Wrongful Death is a legal term that refers to situations in which someone is killed through the negligent behavior of someone else.  Thousands of wrongful death claims are attributable to negligent conduct such as aggressive driving, inattention, failure to obey traffic lights and signs, as well as poor driving skills.  The goal of a wrongful death case is to compensate the survivors and beneficiaries for their loss.

The types of damages considered in a wrongful death case are sorrow, mental anguish, which includes loss of companionship, comfort and guidance; the expected loss in income of the person who died; the expected loss of services, protection, care and/or assistance which the person who died provided to the survivors/beneficiaries; and the expenses for the care, treatment and hospitalization of the person who died related to the injury.  In general, people who operate automobiles must exercise "reasonable care under the circumstances."  Failure to use reasonable care is the basis in most lawsuits for damages awarded.

A lawsuit may be brought against a driver who hits an individual who has auto insurance, while the individual is a passenger in another vehicle or a pedestrian and a driver may also be liable for an accident caused by intentional conduct or reckless conduct.  Your insurance company will need information to grant you your personal injury protection benefits.

Additionally, often your own insurance policy may cover a car smashup which did not even involve your automobile.  Attorneys are often necessary to get the highest possible compensation from your insurance company, or in the event another party is negligent.

Although every state has different laws, wrongful death claims all share several common features:  the death means that there will be police involvement and records that need to be secured right away; in all likelihood one of the operators will be found at fault; an accident cause will be found; the severity of the loss will trigger an aggressive response by insurers to protect themselves from any liability; and the case will, as with any claim over one million dollars, require the help of an attorney experienced with complex injury litigation.  Your attorney will need to hire an independent expert in reconstruction to establish the cause of the death.

Uninsured Motorist Law

If you own a car, you probably have insurance as well.  Unfortunately, approximately 14% of American drivers don't have any type of car insurance.  The reasons may vary, from beliefs that it is unnecessary to simply not being able to afford it.  Regardless of why some motorists choose not to have any, it is still a hassle to get involved in an accident with an uninsured motorist.  In this case, uninsured motorist laws come into play when these people are involved in an accident.

Uninsured Motorist Law (UM) varies from state to state, and insurance companies deal with it accordingly.  In many cases, it is hard to make a claim against a person with no insurance, because their assets are not enough to warrant litigation.  However, if you have uninsured motorist coverage, you can make a claim against your insurance to recover damages in case of serious injuries.  This type of coverage generally accounts for:

  • Medical expenses
  • Loss of wages
  • Pain, suffering and permanent injury
  • Loss of the ability to keep earning in the future.
If you find yourself involved in an accident with an uninsured individual, you should seek help from an experienced attorney.  Uninsured motorists' laws can be very complex because they deal with a specialized team on the insurer's side trying to belittle or deny your claim.  Contact the National Justice Coalition to be connected with a qualified lawyer who can evaluate your case.