If you have suffered an injury in a car accident, you may have the right to substantial financial compensation if you prove that someone else was to blame. Then, the other driver's insurance company will assume a legal obligation to pay you a settlement. However, you can expect insurance companies to use penny-pinching ways when dealing with you. They may try to deny your claim entirely, or they can offer you much less than you deserve in compensation. Insurance companies are known for making your life more difficult.
The best thing that you can do after a motor vehicle crash is to contact a car accident lawyer. A car accident attorney can review your case to determine who you can sue. They will gather evidence about your car accident to prove what happened. Then, a car accident lawyer can estimate the value of your damages and help you fight for all the compensation you deserve.
Many things happen in the days after a car accident, which means you will need an attorney to handle your case. There is too much on the line to leave anything to chance. Your car accident lawyer will establish your right to financial compensation and fight for you when the insurance company tries to take advantage of you.
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You Have the Right to Get Paid When Someone Else Caused the Car Accident
Your legal right to financial compensation stems from the fact that someone else's wrongful actions were the cause of your car accident injuries. A settlement often occurs when you prove the other driver was negligent and caused your injuries.
In a car accident case, the word negligence has a particular meaning. The mere fact that an accident happened does not automatically mean that the other driver was negligent. In some cases, accidents occur, and neither party can establish that the other was at fault. Negligence means that another driver did something unreasonable under the circumstances and may have acted in a way that an average driver would not have by doing something careless or reckless.
Examples of Negligence in a Car Accident Case
Some examples of negligence in a car accident case include:
- Failing to yield the right-of-way by running a stop sign or red light
- Crashing into the back of a car in a rear-end car crash (the driver of the rear vehicle is most likely negligent because the rear-end car accident happened)
- Sideswiping a vehicle because the driver did not check their blindspots before changing lanes
- Losing control of a car or not stopping in time to avoid an accident because the driver was speeding
- Getting into an accident because they did not properly maintain the vehicle
- Causing an accident because the driver was sending or reading a text and not looking at the road
You Must Establish Your Right to Car Accident Compensation
When you are filing a car accident claim, you have the burden of proof to show that the other driver was negligent. You must include evidence with your claim or lawsuit that will allow an insurance company or jury to conclude that the other driver was negligent. If you do not have this evidence, the insurance company will deny your claim or a jury will side against you when they reach a decision.
An experienced attorney will thoroughly investigate the accident's circumstances, gathering strong evidence to support your claim. They will gather police reports, witness statements, medical records, and any other relevant documentation to build a strong case on your behalf.
Additionally, a lawyer can help determine liability for the accident. They will analyze the accident scene, review traffic laws, and consult with experts to establish who was at fault. They will use the information to hold the responsible party accountable and seek the compensation you deserve.
Insurance Companies Pay When Their Driver Was Responsible for the Accident
When insurance companies provide coverage to a driver, they assume a contractual relationship with them. The driver must pay their premiums, usually every month. In exchange for that payment, insurance companies provide coverage if their driver causes a car accident. The driver has purchased a certain amount of coverage, and insurance companies are liable to pay up to the maximum of the policy when their driver was at fault for the accident.
Insurance companies step into the shoes of their driver after the accident, and they are the ones who are on the other side of you now when you file a claim. They must defend their driver from a lawsuit should you file one and will handle all the communications on behalf of their driver. You are up against the insurance company and not the other driver because of the two parties' legal relationship.
The Driver is Responsible for Paying Your Damages
The driver is not totally off the hook for liability when purchasing auto insurance coverage. They will remain liable to you if you win your case in court and the amount of your damages is greater than the amount of insurance coverage they have. You will obtain a judgment against the driver, which you can collect.
However, collecting a personal injury judgment against an individual can be challenging because they may need more assets to satisfy a judgment. If you attempt to garnish their income, there is a limit to the amount of money you can take from one paycheck. In addition, the driver may try to escape liability for the judgment entirely by filing for Chapter 7 bankruptcy if they qualify. Then, you may get some of their assets in the bankruptcy process, but the debt will disappear once they emerge from bankruptcy.
As you can see, you are dealing with a challenging and complex legal process when you have suffered an injury in a car accident. Insurance companies look after their financial interests at every step of the way. They want to minimize the money they pay you, and every action they take focuses on that goal. A skilled lawyer will negotiate with insurance companies on your behalf, ensuring that they protect your rights so you can receive the maximum compensation you deserve.
You May Be Able to Sue Other Defendants in Your Case
There may be several potential defendants in your car accident case. Your car accident attorney will review your case and explain your legal options. Without legal help, you may not know the process or who you can sue for your injuries.
There Is a Chance that You Can Sue a Company
You can sue a company for your car accident injuries when the driver who injured you may have been on the job during the accident. They may have been traveling to another location for their work. If the driver acted within the scope of their employment duties, it is possible to file a lawsuit against their employer. The principles of agency law consider the employee and employer as one entity.
You may get more compensation when you can file a claim against a commercial insurance policy. Companies usually have more coverage than an average motorist. If the commercial insurance policy is insufficient to pay your damages, you can even seize some of the company's assets when you have obtained a judgment.
Filing a Dram Shop Lawsuit in a Drunk Driving Accident
If you suffered an injury in a drunk driving accident, you can also file a lawsuit under the dram shop laws in the state. An establishment may be liable for the harm that a drunk driver causes when they continue to serve a visibly intoxicated customer. Dram shop lawsuits are complicated because you must prove what the server should have known from the facts and circumstances. You may not have the witness testimony to confirm what the server may have seen, so you may need video camera evidence or the patron's actual bar bill to show what they consumed.
Filing a Product Liability Lawsuit for Defective Car Parts
You can file a product liability lawsuit if your car or the other driver is to blame for the accident. In some cases, defective brakes or tires may have caused the accident. Product liability cases are very complex, but they can lead to significant compensation when you can successfully sue a large company. To win your case, you must prove that a design, manufacturing, or marketing defect caused the accident.
You Need Legal Help Right After the Accident
You must contact a car accident attorney immediately after your accident because time is not your friend in the legal process of car accidents. While you should not necessarily rush filing your claim, you do need someone who can get to work on your behalf quickly. Otherwise, you can be in a position to lose evidence, and the insurance company may take advantage of you. A car accident lawyer will gather the evidence you need to win your case while they handle the communications with the insurance company. If you are dealing with the insurance company alone, there will be problems because they will try to take advantage of you every step of the way.
Your Car Accident Lawyer Will Help Determine Who You Can Sue
A car accident lawyer will conduct a complete investigation of your accident and determine who you can sue. You will most likely act against the driver through their insurance company. However, there may be cases where more than one person is to blame for your accident injuries. Then, you should file a lawsuit against everyone responsible. They will be jointly and severally liable for your injuries, meaning that each one can have the legal obligation to pay you fully. Usually, the parties will agree amongst themselves who pays you what. If they cannot reach an agreement, the court will apportion liability, but that is not your worry.
Your Attorney Will Fight for You to Receive Full Compensation for Your Injuries
Then, your car accident attorney will work to maximize the value of your claim. In a car accident case, you have the right to the following damages:
- Lost income
- Property damage
- Pain and suffering
- Loss of enjoyment of life
- Scarring and disfigurement
- Embarrassment and humiliation
- Emotional distress
You Can Reject Any Offer That Does Not Fully Pay You
The insurance company may offer you a settlement, but you will likely need more to compensate for your injuries. Your car accident lawyer will review any offer you receive to help determine whether it pays you for your injuries. If the offer is too low, your attorney will advise you to reject the offer. You can always come back with a counteroffer of your own and continue negotiating with the insurance company until you reach an agreement. You can file a lawsuit if you cannot come to a settlement agreement.
You Do Not Have to Pay Upfront to Hire a Lawyer
If you fear what a car accident lawyer may cost you, the contingency fee system means you can rest a little easier. Your car accident attorney never asks you for a retainer as a condition of their representation. A car accident lawyer also does not send you any bills while your case is pending. The only way that an attorney gets paid is if you receive a settlement or jury award in your case. Then, they will receive a percentage of the proceeds of your case following the terms of your representation agreement. If you do not receive any money for your injuries, you do not have to pay your lawyer for their time and services.
In addition to not having to pay upfront, hiring a car accident lawyer can significantly increase your chances of receiving fair compensation for your injuries and damages. These professionals have the experience and resources to navigate the complexities of the legal system and negotiate with insurance companies on your behalf. They will work tirelessly to build a strong case, gather evidence, and advocate for your rights.
Do not face the aftermath of a car accident alone. Contact a reputable car accident lawyer today to discuss your case and explore your options for pursuing compensation. Remember, your personal injury attorney is there to guide you every step of the way and help you achieve the justice you deserve.