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Author: Tarun Sridharan

Legal Editor & Attorney Contributor

What to Do When Involved in a Parked Car Hit and Run Accident | Car Accidents Attorneys

Navigating the aftermath of a car accident can be daunting, particularly when it involves a parked vehicle. Imagine the unsettling feeling of discovering that someone hit your parked car. The scenarios can be varied: from someone returning from grocery shopping only to find a dent with no note, to a driver who accidentally brushes against a parked car and leaves in a hurry. These are instances that play out frequently on our roads and parking spaces.

According to an Allstate Insurance study from 2010, 69 percent of all hit and runs in the U.S. involve parked cars. If your parked car was damaged in a hit and run incident, you may be feeling lost and confused about what to do – after all, it’s not clear whether your insurance provider will cover the damages, or whether you’ll be able to identify who caused the collision so that you can contact them for insurance information or compensation.

Given the complexities of hit and run accidents, here are some considerations to keep in mind as you proceed.

When a hit and run in a parking lot occurs, many questions arise. Does insurance cover a hit and run parked car? Will you need an accident report, and does it matter whether it’s an official accident report? What is the claims process and what does it look like? What are the implications of your parked car being hit concerning your auto insurance premium? How crucial are photos of the damage? How immediately should one report the accident to ensure full collision coverage? Comprehensive coverage is important if the damage is severe, for example, but getting insurance pay isn’t always straightforward.

It’s essential to be equipped with the right information and know the steps to take when faced with such situations. As the victim tries to piece together what happened, gather evidence, identify eyewitnesses, and move forward with legal remedies, having clarity on the process can significantly ease the strain of the situation.

In this guide, we’ll detail what you should do in the unfortunate event of a hit and run involving your parked car.

What Should I Do If Someone Hits My Parked Car?

Discovering that your vehicle has been hit while parked can be an upsetting and confusing experience. You may find yourself overwhelmed with questions about the best course of action. This guide aims to provide a comprehensive roadmap for dealing with such an incident, covering everything from gathering evidence to dealing with insurance claims.

Initial Steps When You Discover the Damage

  1. Check for the Other Driver or a Note: Upon noticing the damage, your first step should be to look for the other driver. If they’re still around, exchange information including names, contact details, insurance information, and vehicle registration numbers. If the driver has left, check for a note with their contact and insurance details.
  2. Look for Witnesses and Security Footage: If no note is left and the driver is absent, search for potential witnesses who might have seen the incident. Their testimonies can be invaluable. Additionally, check if there are security cameras in the area that might have captured the collision. Speak to security personnel or property owners to gain access to this footage.
  3. Document the Scene: Take clear photographs of the damage to your vehicle from multiple angles. Also, photograph the surroundings to provide context about the location of the incident. This visual evidence is crucial for insurance purposes and, if necessary, legal proceedings.
  4. Contact the Police: If the damage is significant, it’s advisable to call the police. They can file a report, which not only helps in the insurance claim process but also in legally documenting the event. In some jurisdictions, it’s required by law to report such incidents to the police.
  5. Notify Your Insurance Company: As soon as possible, inform your insurance company about the incident, even if you don’t have the other party’s details. Provide them with all the information and evidence you’ve gathered. If the other driver left their details, contact their insurance company as well.

Dealing with Insurance

  1. Understanding Your Coverage: Understand the specifics of your insurance policy. Does it cover hit-and-run incidents? Are you covered for uninsured motorists? Knowing these details will help you understand how much of the repair costs your policy will cover.
  2. Avoid Engaging Without Consulting an Attorney: Discussions without an attorney can lead to subtle, undermining disclosures that could result in a lower payout or even an insurance claim rejection. As the claimant, unless you’re trained in the law you will not necessarily know what to say and what not to say – that’s where an attorney comes in.
  3. Filing the Claim: When filing a claim, be as detailed as possible. Provide all the evidence you’ve gathered, including photos, witness testimonies, and the police report. Be honest and thorough in your account of the incident.
  4. Managing Repairs: Depending on your coverage, you may have to initially pay for repairs out of pocket, especially if the other driver is unidentified. Keep all receipts and documentation for reimbursement purposes.
  1. Understanding Hit-and-Run Laws: Familiarize yourself with local hit-and-run laws. In many places, leaving the scene of an accident without providing contact information is a criminal offense.
  2. Seeking Legal Advice: If you face challenges in getting your claim accepted or if the other party disputes their involvement, consider consulting with a lawyer. Legal professionals can offer guidance and representation, ensuring that your rights are protected.

Preventative Measures for the Future

Choosing Safe Parking Spots: Try to park in well-lit, secure areas with surveillance cameras. This not only deters potential hit-and-run drivers but also ensures that any incident is recorded.

Investing in a Dash Cam: Consider installing a dash cam with parking mode in your vehicle. This can provide crucial evidence in case of any such incidents in the future.

Being the victim of a parking lot collision can be a distressing experience, but knowing how to effectively respond can alleviate some of the stress and uncertainty. By following these steps, you can ensure that you’re adequately prepared to handle the situation, both practically and legally. Remember, if you’re ever unsure about what to do, seeking professional legal advice can provide clarity and support.

Navigating the aftermath of a hit and run involving a parked car can be daunting, but being armed with the right information and steps to take ensures that the situation is handled effectively and ethically. 

Understanding your responsibilities and rights is paramount. Always remember to prioritize safety, act responsibly, and seek guidance when needed.

Car accidents, even those involving stationary vehicles, have legal, financial, and moral dimensions. And in such trying times, remember that insurance providers, security personnel, and legal experts are there to assist.

Stay informed, stay calm, and ensure you make the best decisions moving forward.

Can I Sue for Being Hit by a Semi Truck?

If you’ve been injured in a large truck collision, then you may be wondering whether you can sue for being hit by a semi truck.  Perhaps!  In evaluating whether you have an actionable claim, you’ll want to first discuss the case with a qualified personal injury attorney.  Your attorney will also be able to help you navigate the strategic and procedural complexities that are typical of litigation.

Of course, if you’d rather learn a bit more about the legalities of semi truck accidents and some basic issues in truck accident claim litigation, read on!

Why are trucking accidents a serious issue?

Truck collisions are uniquely dangerous, and the statistics prove it.  According to the 2022 data, for example, there were 160,000 truck accidents, resulting in more than 5,100 deaths and 73,000 injuries.  Those injuries tend to be more severe, too.

These unique dangers are because:

  • Large trucks (i.e., big rigs, semi trucks) have poor maneuverability and offer poor peripheral visibility, so it can be difficult for a semi truck driver to avoid hazards
  • Large trucks are heavy.  Their weight is so significant that when they do collide with another vehicle, the impact force is enough to crush and overcome the protective systems of the other vehicle — causing direct damage to the driver and passengers in the other vehicle
  • Truck drivers are generally driving as a job.  Dangerous truck driver behaviors are common due to the pressures of the job. Their employers (the trucking company) may impose strict schedules and demands on these drivers, thus encouraging the drivers to abuse stimulants and avoid resting properly in an effort to obtain monetary incentives. Trucking companies have a large role to play in this regard, as federal regulations can’t cover every aspect of safety — when serious injuries are a potential risk, it’s critical that trucking companies implement policies internally that limit the likelihood of dangerous truck driver behavior and semi truck accident injuries
  • And more

Can I sue for being hit by a semi truck?

Maybe — it depends on the facts of your case (semi truck accident cases tend to vary quite a bit!).  In order to successfully impose liability in a lawsuit, or to secure benefits from the insurance company, you’ll have to show that:

  1. The truck driver engaged in negligence, recklessness, or intentional misconduct, and
  2. As a result of the truck driver’s misconduct, you sustained injuries.

If you can establish these elements, then you’ll be equipped to push forward and argue for the damages you deserve.  If there’s a fundamental issue with establishing any of these elements, however, then you could face challenges as you progress through litigation.

For example, it’s important that you be able to show that the truck driver’s negligence actually caused your injuries.  If the truck driver collides with you, but at the same time you’re struck by a lightning bolt, then the defendant may argue that it was the lightning bolt that caused your injuries, not the truck.

Why do most semi truck accident disputes end in settlement?

Most personal injury disputes — including those involving a semi truck accident — are resolved through a negotiated settlement.  In fact, industry observers estimate that 95 percent or more of civil disputes end in a settlement agreement.

But why are settlements so common? The truth is that trial litigation tends to be:

  • Resource-intensive
  • Uncertain
  • Public
  • Exhausting and distracting
  • And more

These aspects can be undesirable for many parties.

For example, a business defendant may want to avoid the negative publicity of the trial, as media reporting could damage their brand and reputation considerably.  Similarly, if you’re risk-averse and don’t want to walk away from a dispute without any compensation, you might not want to go to trial, as there’s always the inherent uncertainty of the court finding against you — wins and losses in court have an element of uncertainty, after all.

To avoid these issues, most disputing parties choose to negotiate a settlement as opposed to go to trial.

How can I maximize my semi truck accident settlement?

Settlement offers improve when: a) the defendant shows a willingness to settle, as opposed to pushing ahead to trial, and b) you (the plaintiff) are able to show that there is strong evidence and a strong legal argument in support of your claims, such that you would be likely to win if the case were to proceed to trial.

As such, factors that can influence the settlement offers you receive include:

  • The hostility of the defendant and their willingness to settle
  • The strength of the evidence in support of your liability claim
  • The strength of the evidence in support of your damages claim
  • How sympathetic and relatable you are as an injured plaintiff
  • How legitimate and well-presenting your witnesses are
  • How damaging to the defendant’s reputation/brand a public lawsuit would be
  • How much resources the defendant has at their disposal to litigate for an extended period of time
  • And more

For example, suppose that you are having a back-and-forth negotiation with the defendant regarding a settlement amount.  You and the defendant agree that you have a 60 percent chance of “winning” your $100,000 claimed damages, should the case proceed all the way through to trial.  Under these circumstances, a “fair” settlement would hover around $60,000 then — that being said, the number could shift based off of other factors.

What damages can I claim for my accident?

In a semi truck accident, you can claim damages for any losses that you sustained as a result of the defendant’s negligent, reckless, or intentional actions.  Claimable losses can vary quite a bit and include:

  • Lost wages
  • Loss of earning capacity
  • Medical expenses (i.e., medical bills for medical treatment)
  • Loss of property
  • Loss of enjoyment of life
  • Loss of companionship
  • Pain and suffering
  • And more

Damages can vary substantially from case-to-case depending on the underlying facts and circumstances.

For example, if you’re injured in a semi truck collision, but you are unemployed (and have been unemployed for years), then your lost wages claim would be close to zero.  On the other hand, if you’re in the same accident scenario but are gainfully employed, then you may have a significant lost wages claim due to time needed off from work after the accident.

Given these varied outcomes, it’s critical that you work with experienced truck accident lawyers who understand how to build up your case and navigate the complexities of damage assertions.

Who can I sue for compensation in a semi truck accident dispute?

There are several different defendants that you can potentially sue.  These may include, but are not limited to:

  • The trucker/truck driver who collided with you
  • Anyone who may have distracted the truck driver
  • Any other driver who may have contributed to the accident
  • The truck driver’s employer (if the truck driver was working at the time of the accident). Trucking industry issues are commonly at the center of a commercial truck accident
  • The City, if a dangerous condition of City property contributed to the accident
  • Any property owner whose dangerous condition of property contributed to the accident
  • Medical professionals whose negligence worsened or created your post-accident health issues
  • And more

In the semi truck accident context, specifically, suing the employer (of the truck driver who hit you) is very common.  That’s because of a doctrine known as “vicarious liability,” which allows injured plaintiffs to sue and impose liability on the employer of the defendant for any on-the-job negligence that causes harm.

Vicarious liability is enormously helpful in many disputes, particularly trucking accident disputes.  Why?  Well, the truck driver who hit you might not have adequate insurance coverage to pay out for all your damages.  To ensure that you have a sufficient payout, you’d want to bring your truck accident claims against a defendant who has “deep pockets” — like a business/employer defendant.

How can an attorney help me in my truck accident lawsuit?

Attorneys are not just courtroom advocates.  An experienced truck accident lawyer can and will take on a number of different responsibilities over the course of a lawsuit.  These varied duties and tasks include, but are not limited to:

  • Identifying, gathering, and preserving relevant evidence
  • Speaking to third parties (i.e., witnesses, opposing counsel, insurance companies, law enforcement officers, etc.) on your behalf
  • Developing a persuasive legal argument based on the facts
  • Navigating various court-required hearings
  • Negotiating a potential settlement compromise
  • Pushing ahead to trial, if necessary
  • Fighting for the client’s rights at trial
  • Securing whatever compensation has been paid out
  • And more

That’s a lot of different tasks handled by the attorney.  As such, it’s important to actually use an attorney — it’s generally not a good idea to move forward without an attorney, given the complexity and volume of professional-level tasks that you’ll have to handle for your case.

You may be wondering: can I sue for being hit by a semi truck?  Well, if you’ve been injured in a semi truck accident (i.e., a truck driver loses control and hits you, or is speeding and swerves into you), then you could be entitled to sue and recover compensation under the law.  Whether you can successfully obtain damages will depend largely on how effectively you can navigate the dynamic and challenging process that is litigation.  As such, it’s important that you work with an experienced truck accident attorney for guidance — after all, commercial truck accidents and the litigation process surrounding commercial vehicles tend to be more complicated.

Contact 1-800-THE-LAW2 for a free legal consultation with a skilled personal injury lawyer in our network who can help you litigate a truck accident dispute and potentially maximize the total compensation amount that you’re able to secure.  If you decide against moving forward with your case, or with the attorney, that’s okay — there’s no obligation to continue.  As such, there’s really no downside to picking up the phone and calling in for a free consultation today.

We look forward to assisting you.  Truck accident victims deserve the opportunity to fight to secure compensation for their injuries.

Occupational Insurance vs. Workers’ Comp

Workers’ compensation and occupational accident insurance, including occupational accident policies, both provide a level of protection for employees in the event of workplace injuries. Whether you are a startup business, a midsized corporation, a full-time employee, or an independent contractor, it is important that you understand the differences between the two (workers’ compensation and occupational accident insurance) in order to protect you when it comes to workplace accidents.

The nature of occupational insurance vs workers comp is such that your claims are likely to be significantly different (and the case strategy different as well) depending on what “category” it falls under. In truth, many people are confused as to the differences — that’s because occupational insurance vs workers comp both contemplate issues in the workplace. The coverage tends to be quite similar. That being said, the ways in which that coverage is effectuated are quite unique, depending on which one applies to your claim.

Workers’ Compensation Insurance

Workers’ compensation policies are a state-regulated requirement for companies that employ a minimum number of workers, or employees who work a certain number of hours per week as mandated by law. The minimum number of employees differs by state, but in some instances, it refers to one or more employees, while others allow for 5+ employees.

Workers’ compensation policies may cover lost wages, medical treatment and related expenses, and rehabilitation for employees who suffer an injury at work, or who get sick due to factors within their workplace environment. The insurance also includes employer liability coverage, meaning that employers receive a level of protection if the worker decides to sue in relation to their workers’ comp claim. The legal defense costs are often covered up to the policy limits. Employers still have a responsibility to maintain a safe work environment for their workers.

Occupational Accident Insurance

Occupational accident insurance is a policy that is designed to offer benefits to independent contractors and employees who are not covered under a workers’ comp program, including covering medical expenses resulting from work-related injuries. This type of insurance may provide medical, disability, and accidental death and dismemberment benefits, but unlike workers’ compensation – it is not state-regulated. This type of insurance is particularly popular in the trucking industry, where it provides coverage for independent contractors and owner-operators. Policies may cover wage loss benefits, medical expenses, and rehabilitation costs for employees or covered independent contractors, but only up to policy limits, specifically focusing on injuries or deaths resulting from a work-related accident. Employers are allowed to choose their coverage and deductible amounts based on their own perceived risk.

Workers’ comp involves a higher cost to companies, but it also offers them more comprehensive coverage, especially in terms of their own liability – a component that is not a part of occupational accident insurance.

In some states, employers who choose occupational accident insurance can opt for the required workers’ compensation program. While the employer still has a legal obligation to employees who suffer injuries or death on the job, it comes at a much lower cost compared to workers’ comp.

Employers get statutory benefits with workers’ comp but when signing up for occupational accident insurance, they must make the following choices:

  1. The limit of liability to carry per accident
  2. The deductible to assume per accident
  3. The level of disability coverage to provide
  4. The level of death benefits to provide

Companies will still be responsible for work-related injuries to their employees that are not covered by occupational accident insurance. Choosing the wrong occupational accident coverage option can expose a company to dramatic financial losses – a problem that those with workers’ compensation insurance are less susceptible to.

Disadvantages of Occupational Insurance

While occupational insurance allows companies to save money when compared to workers’ compensation and gives employers control of the type and amount of coverage to provide employees, there are several disadvantages:

  • The employer must bear the burden of proof in the event of a lawsuit
  • Employees can win claims for pain, suffering, and punitive damages up to a certain limit
  • If an employee’s expenses exceed occupational accident coverage limits, employers will have to cover the excess costs

As an employer, consult with an experienced attorney to ensure you understand the risks associated with workers’ compensation coverage vs. occupational insurance coverage.

As an employee, talk to an experienced worker’s compensation lawyer if you have been hurt on the job to understand the differences between occupational insurance vs workers comp so that you can understand how to proceed with a claim depending on the coverage your company offers. Even if your company does not provide coverage, there may be legal options for you to secure the compensation you deserve, so don’t resign yourself to an unfavorable outcome — speak to an attorney about what you need to do to get your case properly handled.

What Percentage of Personal Injury Cases Go to Trial?

If you’ve been injured in an accident (whether it’s a car accident or a slip and fall accident or anything else), then you could be entitled to sue the defendant for damages under the law. The prospect of moving forward with a lawsuit can be intimidating and overwhelming for many people, however, especially first-time plaintiffs. But the reality is that most personal injury disputes are not handled in a courtroom trial setting — what percentage of personal injury cases that go to trial is extremely high.

Insurance companies often play a significant role in personal injury cases, as they are typically involved in settlement negotiations and can influence whether a case goes to trial.

So, the fact that what percentage of personal injury cases go to trial is not widely known can impact the stresses felt by injury victims. They don’t realize that most of these personal injury claims are handled in informal settlement negotiations, and often early, well before trial litigation for the personal injury case.

There’s really nothing to be overwhelmed by when it comes to personal injury lawsuits. When you work with an experienced personal injury lawyer, they will handle all aspects of the case on your behalf — and they will not push forward to a high-conflict trial for the personal injury claim unless you demand it, or unless it is absolutely necessary to secure the maximum compensation for you. An experienced personal injury attorney will understand this, and that’s why the percentage of personal injury cases that go to trial is so high.

If you’d like to learn more about “what percentage of personal injury cases go to trial” and “why,” then read on! We’ll explore some of the basics of personal injuries and related disputes, and why it’s so rare to go to trial.

What percentage of cases are settled before trial?

There are no exact numbers, as settlement agreements for personal injury claims are — by their very nature — privately handled, and so the data on how many cases go to trial is not publicly available. That being said, legal industry experts have estimated that as much as 95 percent of personal injury disputes are settled before trial! This is an enormous percentage and tracks with the real-life experiences of most personal injury attorneys.

The fact that the vast majority of cases are resolved through settlement often surprises those who are unfamiliar with litigation — and for good reason. Popular media sells us the image of legal representation as deeply conflict-oriented, aggressive, and institutional. The image of an attorney fiercely and relentlessly advocating in a courtroom setting is the most prominent one in American popular media. To go to trial is deeply “American” in the media. But it’s not the norm in reality.

The process of reaching a personal injury settlement often involves negotiations where both parties assess the strength of the case and agree on a fair compensation amount. This is managed by a personal injury attorney.

It’s not that this image is false. The reality, however, is that most legal representation is oriented toward finding negotiated solutions that are efficient and effective — it is not obsessed with pushing full steam ahead to trial. That being said, skilled accident attorneys understand that the way to most effectively handle a settlement negotiation process is to be fully prepared for trial. Not every attorney is willing to invest the resources and time into preparing themselves for the possibility of trial litigation, so make sure that you address this with whoever you decide to work with.

Why do people settle instead of going to trial?

It’s true that — on the whole — most parties in personal injury cases prefer to settle their accident dispute as opposed to go to trial. There are a number of different reasons for this, but generally speaking, trial litigation comes with negative aspects that parties want to avoid.

Personal injury trials can be particularly daunting due to the extensive preparation and the unpredictability of jury decisions.

These negative aspects include the following:

  • Uncertainty
  • Resource-intensive
  • Exhausting and distracting
  • Publicity
  • And more

For now, we’ll address two of the issues: uncertainty and publicity.

Uncertainty is innate to litigation. Should your case proceed to trial, there is no guarantee that you will a) win your case, and b) even if you win, that the court will award you the claimed damages in full. This inherent uncertainty can be bothersome for many parties. For the defendant, it can be extremely intimidating, as they lose hundreds of thousands of dollars (or even millions) following an unexpected court decision.

Given these risks, the large majority of parties prefer to negotiate a settlement that’s based on their shared understanding of the “strength” of the case. For example, if both parties agree that you (the injured plaintiff) have a 70 percent likelihood of winning the case and receiving your damages in full, then your $100,000 damage claim could reasonably result in a $70,000 settlement compromise. It’s ultimately a win-win for both parties, as it avoids the hassle and cost of litigation while ensuring that the agreed-upon number matches the perceived strength of the case.

Publicity is another aspect of litigation that many people don’t realize. Litigation is a matter of public interest — your case can be looked up by anyone, and the details revealed. This isn’t as much of a problem for the injured plaintiff, but for a defendant who has caused the injury to you, the negative publicity could be substantial (i.e., brand damage, reputational harm). Some business brands don’t recover from particularly bad personal injury disputes, especially if their brand is tied in some way to safety.

Settlement negotiations can occur privately, however, and the details of settlement may also remain private. As such, this is vastly preferable for many business defendants. Best of all, it gives you — the injury victim — a great deal of leverage in settlement negotiations, enough to pressure the defendant into offering you a more favorable agreement.

How close to trial do cases settle?

A personal injury claim can settle anytime before the trial is complete. In fact, a personal injury dispute can settle in the middle of a trial! So it may not be too late for your dispute to be resolved through a settlement compromise. Even if a personal injury trial has already begun, parties can still reach a settlement agreement to avoid further litigation. That being said, most cases settle before the trial litigation process begins.

Note: it’s irrelevant to the settlement itself when it occurs. Of course, the deeper into the litigation process that a case settles, the more supportive evidence there may be for your various claims, which can help to validate your settlement request.

Why do lawyers drag out cases?

Plaintiffs’-side attorneys generally do not drag out personal injury lawsuits — in fact, they are incentivized to try and efficiently handle cases, as they usually work on contingency. That means that they only get paid if (and when) you get paid. As such, the longer they work on a case, the more costs they take on.

Defense attorneys, on the other hand, are typically paid on an hourly basis. They are therefore incentivized to drag out a case as long as possible so that they can get paid more by their own client (the defendant). This isn’t necessarily a bad thing, however — the defendant’s costs for longer litigation are much higher than yours (the plaintiff), and as such, it’s easier to pressure them into an early settlement compromise.

How much should I ask for settlement?

What is considered a “fair settlement offer” depends on the circumstances of your case, and more specifically, the likelihood that you will succeed in receiving the compensation that you’re claiming, should the case proceed to trial. As such, you’ll have to evaluate a range of different factors that contribute to your likelihood of success and the defendant’s willingness to settle the dispute.

Understanding personal injury law is crucial in evaluating these factors and determining a fair settlement amount.

These factors include:

  • The hostility of the defendant
  • The willingness of the defendant to settle
  • Business cost dynamics that incentivize the defendant to engage in complex litigation (to discourage others from suing)
  • The strength of the evidence in support of your liability claim
  • The strength of the evidence in support of your damages claim
  • How sympathetic and/or relatable a plaintiff you are to the court
  • The potential brand/reputational damage that the defendant will face should they allow the case to proceed to trial litigation
  • And more

For example, suppose that you’re injured in a car accident with a commercial driver who works for a local delivery company — due to vicarious liability principles, you can sue the delivery company directly. The delivery company is concerned about brand damage should the case be litigated further, as local media will pick up on the case and report on it. This could create a lot of negative publicity for the company, and they are reliant on their reputation for safety and good drivers.

Even if your case is not as “strong” as you might ideally want, the delivery company may still choose to offer you a favorable early settlement just to avoid potential brand damage. This is an important aspect of litigation — strategic leverage goes beyond the courtroom, after all.

Attorneys don’t necessarily cost anything upfront

Many people mistakenly believe that you have to be “rich” to hire an attorney to handle their personal injury lawsuit — in reality, you don’t need any money to get started, so long as the attorney offers their services on a contingency basis.

Well, even if you have no money in your account, you’re in luck — that’s because most personal injury attorneys work on a contingency fee basis.  How do contingency fee dynamics work?

When you hire an attorney on a contingency fee basis, you don’t pay anything upfront or out-of-pocket.  Instead, the attorney will take a percentage cut of whatever compensation they’re able to secure on your behalf — this can vary anywhere from 25 percent to 40 percent or more at the high end.

In other words: the attorney only gets paid if you get paid.

Contingency fees not only lower the barrier to entry for working with an attorney, but they also make it so that the attorney is incentivized to maximize your compensation amount.  After all, the more you get paid, the more they get paid.

If you’ve been injured in an accident that was not your fault, then you could be entitled to sue for damages.  Navigating a personal injury lawsuit isn’t always straightforward, however, as there are a number of unique challenges and opportunities that you’re likely to encounter as you move forward through the litigation process.  That’s why it’s so important to work with an experienced team of personal injury lawyers.

Contact 1-800-THE-LAW2 for a free legal consultation with a qualified personal injury lawyer in your area.  During this initial consultation, you’ll be able to discuss the details of your case and learn more about your strategic options.  If you decide that you’d rather not move forward with your case (or with the network attorney), there’s no obligation to continue — as such, there’s really no downside to calling in for a consultation today.

We look forward to assisting you.

Rear End Collision Settlement: I Got Rear-Ended, How Much Money Will I Get?

If you’ve been involved in a rear-end accident, then you may be wondering about rear-end collision settlements and whether you could potentially secure a rear-end collision settlement without all the hassle and uncertainty of trial litigation for the rear-end accident. In order to navigate the legal process, however (whether you’re going to negotiate a rear-end accident settlement or push forward to trial), you’ll want to secure the assistance of a qualified personal injury attorney who can provide legal guidance and help you understand the factors influencing settlements, handle negotiations with insurance companies, and ensure you receive fair compensation for your injuries and suffering.

If you’re a car accident victim with severe injuries, it’s critical that you move forward in a timely and effective manner so that you can secure the help you need to make a full recovery — whether that’s through a car accident settlement or by pushing your personal injury case all the way through to trial.

We encourage you to contact us at 1-800-THE-LAW2 so that we can connect you for a free consultation with an experienced car accident attorney in our network (i.e., personal injury attorneys who can handle a rear-end car accident). That being said, if you’d like to learn more about rear-end collision settlements and basic personal injury law before you speak to a personal injury lawyer, then read on! We’ll explore some of the basics in this article.

Rear-end collision settlement — why is it so common?

It’s true that most rear-end accident disputes end in a settlement agreement — in fact, most personal injury cases, including those involving rear-end accidents, end in settlement. A rear-end collision settlement is extremely common. Industry observers estimate that as much as 95 percent of lawsuits are concluded through a settlement compromise.

But why?

Litigation is:

  • Inherently uncertain
  • Resource-intensive
  • Distracting/draining
  • Public
  • And more

Each of these aspects is sufficient to make parties prefer settlement. For example, all litigation comes with an inherent uncertainty. Even if you have a strong case, it’s not 100% certain that you will win and receive the precise damages amount that you’re requesting. Further, litigation is public, so a business defendant may not want to deal with the potential brand damage that could occur if the details of their negligence are made public through litigation.

Given these (and other) issues, most parties would rather negotiate a settlement and come to an understanding without having to navigate the complications of litigation. That being said, trial litigation is sometimes necessary to secure the compensation you deserve — as such, your experienced car accident attorney should always “prepare” for trial litigation even if the intention is to try and resolve the rear-end car accident dispute through settlement, first.

Who is usually at fault in a rear-end collision?

In a rear-end accident, the fault usually falls on the driver from the rear who collides with the driver in front of them.  The reasoning for this is rather straightforward — the primary situation in which a rear-ending driver gets into a collision that’s not “their fault” is because the driver in front of them comes to a sudden and unexpected stop.

Here’s the thing, though: drivers are generally expected to leave enough space in front of them to allow them to come to a sudden stop at their current speeds.  If they do not, then that could be considered a form of negligence and could result in liability.

How much injury compensation will I get?

The compensation that injury victims can claim after rear-end collisions will vary quite a bit from case to case — and given that it is so dependent on context and circumstance, there is no “certain” answer here (and that’s true when it comes to the “average settlement,” too).

That being said, in rear-end accident cases, the claimable losses that you may be able to secure compensation for include:

  • Lost wages/lost income
  • Loss of earning capacity (not present lost wages, but future lost wages measured by the discrepancy in future income)
  • Medical expenses (i.e., medical bills charged for medical treatment, including holistic medicine, physical therapy, pharmaceutical costs, and more)
  • Property loss
  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of companionship
  • And more

It is important to note that car accident cases involving serious injuries may take longer to settle and often require filing a claim in state court to ensure proper compensation.

Suppose, for example, that you get into a rear-end collision that results in serious injury to your neck.  You are unable to work for a year.  If you’re employed at the time of the accident, then you could claim a year of wage loss — which could be substantial!  If you were unemployed at the time of the accident, your wage loss claim would be zero (or close to zero).  That’s an enormous difference based on one small circumstantial issue.

Given the variety of circumstances that injured plaintiffs are likely to face, it’s critical that you consult an experienced accident attorney who can account for all your losses and develop a strong strategy for securing the compensation you deserve.

Maximizing a rear-end accident settlement

Settlement agreements are ultimately a reflection of the “likelihood” that you — the injured plaintiff — will successfully obtain the compensation that you’re attempting to claim, should the case proceed all the way through to trial. An accurate reflection of these factors represents a “fair settlement.” There is no real use in evaluating the average payout, as the average payout does not actually represent the particularities of your rear-end accident claim.

If you have suffered injuries, it is crucial to seek legal consultation to understand the extent of your injuries and maximize your compensation.

Factors that will impact your potential success (were the case to proceed to trial) are therefore going to impact your settlement offers. The more likely that you secure the desired compensation, the higher your settlement is likely to be — simple, right?

As such, here are some factors that may influence your settlement offers:

  • The evidentiary record in support of your liability claim
  • The evidentiary record in support of your damages assertion
  • The strength of your expert and eyewitness testimony
  • Your “likeability,” as courts and juries are subconsciously biased towards likable plaintiffs
  • How relatable your case is (juries tend to sympathize with plaintiffs whose disputes are a reflection of a difficult situation that they can imagine themselves in)
  • And more

Other factors (aside from those affecting the “success” rate of a trial) are also likely to influence your settlement offers:

  • The overall hostility of the defendant (hostile defendants are less likely to cooperate during settlement negotiations, as they may want to make an “example” out of you)
  • The negative publicity and brand damage that the defendant may face if they allow you to litigate the case
  • The complexity of the dispute (plaintiffs whose attorneys are working on contingency have more wiggle room, whereas defendants whose attorneys are working at an hourly rate will have much more significant costs as the dispute drags on)
  • And more

You do not have an unlimited time to bring a lawsuit for a rear-end collision

If you’ve been injured in a rear-end collision, then you do not have unlimited time to wait and decide whether you should do something about it — the law establishes strict claim deadlines known as statutes of limitation that basically prevent you from “sitting on a claim” for too long.

The statute of limitations imposes a deadline by which you must file your claim.  If you delay past the deadline period, then courts are entitled to automatically dismiss your claim on the basis that you have abandoned it or otherwise relinquished your right to compensation under the law.

For example, in California, after a negligence-based accident, you have three years from the date of injury to file your claim.  Failure to meet this deadline could prevent you from recovering any compensation whatsoever.

That being said, there are options if you’ve waited a long time, and thereby missed your deadline.  Particularly in the rear-end collision context.  See, in many low-speed rear-end accidents, your injuries might not be “obvious” right after the collision.  Spinal degeneration can be incited by a rear-end collision, but may not be detectable until years later.  The law provides for these “delayed discovery” issues with certain injuries and allows plaintiffs to extend their limitations period until the date that they reasonably discover that they’ve been injured.

Given the complications in many cases, it’s worth talking to a qualified lawyer about your claims and whether they’re still actionable.

It doesn’t cost anything upfront to work with personal injury lawyers

Most people believe that legal representation after an accident is expensive and unaffordable for the average person — but this couldn’t be further from the truth!

This misperception is likely driven by popular media, which paints attorney assistance as something that only very rich people use.  It may also be driven by the fact that most people use attorneys for help in non-accident contexts, such as with a divorce (and of course, family law attorneys typically work on an hourly basis at high rates, so costs can escalate a lot for individuals who are going through a difficult divorce).

That being said, accident attorneys are a different breed.  Most plaintiffs’-side personal injury lawyers work on a contingency fee basis.  That means that they don’t cost anything upfront or out-of-pocket.  Instead, they agree to work for you on contingency — they will take a percentage cut of any compensation they secure on your behalf (usually anywhere from 25 percent to 40 percent, or more).  In other words, they only get paid if you get paid.  If you don’t, they don’t.

Simple, right?

Contingency fee arrangements lower the barrier to entry for bringing a lawsuit, as it makes litigation affordable for everyone.  You could have zero dollars in your bank account, and you’d still be able to hire an experienced and effective attorney to represent you in your rear-end accident dispute.

The best part is that contingency fee arrangements make it so that the attorney is incentivized to not only secure a win on your behalf but to maximize your compensation.  After all, the more that you get paid, the more that they get paid.  It’s a win-win.

If you’ve been injured in a rear-end accident that was not your fault, then you could be entitled to significant damages as compensation under the law (whether through a trial award or rear-end accident settlements with the insurance company and/or defendants).  Navigating the litigation process can be confusing and overwhelming for a first-time plaintiff, however — as such, it’s important that you work with experienced personal injury lawyers who can help you move forward in a way that suits your needs.

Contact 1-800-THE-LAW2 for a free legal consultation with a skilled local attorney in our network.  During this initial consultation, you’ll be able to discuss the details of your rear-end accident case, evaluate the potential for a rear-end collision settlement, and learn more about what your strategic options are.  If you decide that you’d rather not move forward with your case (or with the car accident lawyer), that’s not a problem — there’s no obligation for you to continue.  As such, there’s really no downside to picking up the phone and calling in today.

We look forward to assisting you with your rear-end accident claim.

What is a Hit and Run?

If you’ve been involved in a car accident where the driver who collided with you flees the scene, then chances are you’re considering a lawsuit, and you may even be wondering the basic question: “What is a hit and run?”  After all, you may be entitled to compensation to cover the losses you sustained as a result of the accident — but navigating a hit-and-run accident dispute isn’t always straightforward.

So, what is a hit-and-run?  Let’s take a look at some basic issues in hit-and-run cases, including definitional aspects.  Read on to learn more!

What makes something a hit-and-run?

Every state has different implementations of law — including hit and run law — but as a general rule, a hit and run occurs when a driver flees the scene after being involved in an accident where they have caused property damage, injury, or death. Drivers are required to provide their driver’s license information at the scene of an accident. Drivers have a legal responsibility to stop, identify who they are, and render aid to the injured person, to the degree that doing so does not endanger themselves. Failure to do so could have legal ramifications.

It’s worth noting that there are exceptions to this legal requirement. For example, drivers may not have to stop if there is an immediate danger in stopping — if a crowd has formed and is looking to take violent retribution against the colliding driver. The driver may also not have a safe place to stop nearby and set up their parked car, if there is a weather or road-related issue, such as a flood, or a downed power line. The law requires that they stop nearby (to the degree possible without endangering themselves) and manage the situation. This may involve things like speaking to a police officer or calling law enforcement themselves, if necessary.

Is it possible to hit a car and not know it?

Yes — though it is uncommon. Generally speaking, any significant collision will be felt and known by the colliding driver, so long as they are not sleep-deprived, heavily distracted, or intoxicated, each of which could result in liability independently.

If a driver hits you and drives away, and later — when you sue them — claims that they didn’t know that they hit you, then you could argue that they shouldn’t be driving if they can’t tell that they hit another driver. It may be a reasonable enough argument to support your negligence claims.

That being said, in a minor enough accident (paint scratching, scuff marks) where a colliding driver may genuinely not realize they made contact with your car, the damages are unlikely to be significant enough to warrant a lawsuit in the first place.

Challenges in a hit-and-run lawsuit: what does it mean to be a victim of a hit and run driver?

Hit-and-run disputes come with a few unique challenges. They are as follows:

  • Identifying the hit-and-run driver.
  • Securing an adequate payout after identifying the hit-and-run driver.

Once a hit and run driver has fled the scene of an accident, it can be challenging to identify them so that you can sue them for damages. That being said, with the aid of an attorney, you’ll be able to investigate the accident scene and potentially piece together the identity of the driver who collided with you — for example, your attorney might work with local business owners to get security video footage of the accident, which might reveal the license plate number of the defendant’s car. Your attorney might also speak to eyewitnesses whose testimony could help piece together the identity of the driver.

This evidentiary issue is core to hit-and-run accidents. Overcoming this issue is a key aspect of succeeding in your hit-and-run lawsuit.

Unique opportunities in a hit-and-run lawsuit

Hit-and-run lawsuits have a few unique and powerful advantages — if you’re able to identify the defendant-driver, then you’ll have a much easier time 1) establishing liability, and 2) navigating the dispute within the court litigation process, as the court will almost certainly favor you over the fleeing driver who was attempting to escape their legal responsibilities.

Though fleeing the scene of an accident is not “proof” of liability, it’s a strong indicator that hit-and-run drivers thought they did something wrong and were attempting to avoid taking responsibility for it. For example, oftentimes, a fleeing driver does not have an active driver’s license, or is intoxicated — they understand that these are illegal, and flee the scene to avoid being “found out.” Even if the defendant fled for some other reason (perhaps they’re just an anxious person), they will be fighting an uphill battle should you identify them and subsequently sue them for damages.

Other defendants to sue after a hit-and-run accident

Whether or not you can identify the driver who collided with you (in a hit-and-run accident), you’ll want to explore the possibility of suing other defendants who are partially liable for your injuries. In some cases, you may also need to contact your insurance company to discuss coverage and claims related to the hit-and-run accident. Defendants in a motor vehicle accident lawsuit may include, but are not limited to:

  • The defendant-driver who fled the scene
  • Other drivers who contributed to the accident
  • Any auto manufacturer whose defective designs or defective production issues that contributed to the accident
  • The City, if their improper maintenance or roadway designs contributed to the accident
  • Any property owner for which a dangerous condition of their property contributed to the accident
  • Medical professionals whose negligence, recklessness, or intentional misconduct may have exacerbated your injuries
  • And more

Suing other defendants is a useful strategy in many disputes because it gives you access to defendants who may have “deeper pockets” than the driver who hit you (i.e., more substantial insurance coverage for a payout). This strategy is even more important in hit-and-run accident cases, as you may not be able to identify the driver who hit you to sue them. So it’s worth exploring these other lawsuit possibilities with your attorney.

Damages in a hit-and-run accident

Damages in an accident can vary significantly from case to case, especially in instances involving serious injuries. That’s because the unique circumstances of the injury victim will affect their losses — in other words, an injury to any individual person will have particular consequences that are unique to their body, mind, and lifestyle. As compensation is meant to cover losses, these losses are a measure of what sort of compensation the injury victim is potentially entitled to in a lawsuit.

Claimable losses include:

  • Wage loss
  • Loss of earning capacity
  • Medical expenses (i.e., medical bills)
  • Property loss
  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of companionship
  • And more

For example, suppose that you’re injured in a hit-and-run collision. You have to take a year off from work, and your salary is $60,000. Your wage loss claim by itself would therefore be $60,000 (not accounting for pain and suffering and other damages). If you were unemployed at the time of the accident, however, then your wage loss claim would be $0. That’s a pretty significant difference, with only one circumstantial change!

Attorney representation is not costly up-front in most cases

Unfortunately, the general public still believes that hiring an attorney for their injury lawsuit is an expensive process that only “rich” people can afford — this results in far too many victims never even exploring the possibility of compensation.

The truth is quite a bit different than this public perception.  In fact, most plaintiffs’-side personal injury lawyers work on a contingency fee basis, which makes it a lot easier to secure legal representation.

How do contingency fees work?

Contingency fee attorneys don’t cost anything upfront or out-of-pocket.  That’s right — you don’t need ANY money to get started with legal representation.  Instead, they agree to represent you for a percentage cut of whatever compensation they’re able to secure on your behalf.

If you don’t win, they don’t get paid.

Percentages can vary from attorney-to-attorney, and from case to case.  You’ll want to discuss the percentages with your attorney and negotiate to your liking.

Contingency fee arrangements have a number of advantages.  Not only do they lower the barrier to entry for a lawsuit significantly, but they also incentivize attorneys to work efficiently and effectively to maximize compensation.  After all, the more you get paid, the more they get paid.

If you’ve been injured in a hit-and-run accident, then you could be entitled to significant damages under the law.  What is a hit and run can be difficult to evaluate in some cases. Beyond that, successfully obtaining compensation in a hit-and-run injury dispute can be a challenge, as there are unique barriers that you’ll have to overcome as you navigate the lawsuit — most of all, figuring out the identity of the defendant-driver who collided with your vehicle.  We encourage you to find an attorney who can assist you in handling your hit-and-run accident dispute.

Contact 1-800-THE-LAW2 for a free legal consultation with an experienced personal injury lawyer in our network.  During this initial consultation, you’ll be able to discuss the details of your case and get professional guidance on how best to proceed so as to maximize your potential compensation.  If you decide that you’d rather not continue with the network attorney, that’s okay — you have no obligation to move forward with them.  So there’s no downside to picking up the phone and calling in to have your case evaluated.

We look forward to assisting you.

The 5 Most Common Types of Lawsuits

Lawsuits (and accidents) vary substantially, but despite that, there are certain “common types of lawsuits” that occur more often than others — whether due to their unique dangers, or their ubiquity in society. These common types of lawsuits often fall under the category of civil cases, such as personal injury claims, property disputes, or family law matters. By understanding the most common types of lawsuits, you can see where your dispute fits in, and you’ll have more clarity as to some of the basic issues that you’re likely to face as you navigate the legal process.

Here at 1-800-THE-LAW2, we encourage you to call us to connect with an experienced attorney in our network for a free consultation. They’ll help you understand your case, whether it’s one of the “common types of lawsuits” or something more niche. When you’re ready, you can explore the possibility of litigation so that you can secure the compensation you deserve.

That being said, if you’d like to learn a bit more about lawsuit basics, including what sort of personal injury lawsuit is most common, then read on!

What are the most common types of personal injury cases?

Though these numbers are likely to vary quite a bit from year-to-year, and from state jurisdiction-to-jurisdiction, personal injury claims are among the most common types of civil cases. The five most common types of personal injury lawsuits are as follows:

Motor vehicle accidents

Motor vehicle accidents may include the following types:

  • Rear-end collisions
  • Sideswipe collisions
  • Head-on collisions
  • Multivehicle pileup collisions
  • Single vehicle collisions
  • Falling obstacle collisions
  • Dangerous roadway issues
  • Maintenance issues
  • And more

Given the large variety of motor vehicle accidents, the ways in which these sorts of disputes are litigated are quite different. Victims of motor vehicle accidents may be entitled to compensation to cover medical bills and other expenses.

For example, in a low-speed, rear-end collision, you might have a spinal degenerative injury that only shows up years after the accident — and proving liability in that situation will be a unique challenge that will require that your attorney build up a convincing batch of expert testimony.

By contrast, in a multivehicle pileup, the unique challenge (and opportunity) you’ll face will involve suing several different defendants, each of whom may argue that they are “less responsible” for the accident than the others.

Slip and fall accidents

Under basic premises liability laws, a property owner has a responsibility to maintain a given premises in a reasonably safe condition for entrants. Failure to do so could result in serious liability if the entrant slips and falls. However, what constitutes a “reasonably safe condition” depends on the circumstances and the specific type of property, among other things. For example, if you slip and fall at a restaurant due to a pool of liquid on the floor that wasn’t cleaned up, then the question will arise: how long was the spill left on the floor without being cleaned? If it had been left for, say, two hours, then you would have an actionable slip and fall lawsuit against the defendant, since the norms in their industry would require that they inspect and clean the floors more frequently.

Workplace accidents

On-the-job accidents are among the most common in America.  Despite various regulations that protect workers from safety hazards, accidents still happen.  Best of all, in the event that you qualify for workers’ compensation, you don’t even have to prove that your employer was negligent — you will automatically qualify for benefits so long as you were injured on the job and were not at-fault.

Medical malpractice

A medical malpractice lawsuit occurs when a medical professional’s negligence leads to injury or sickness in a patient. Stated more specifically, medical malpractice lawsuits occur when a medical professional engages in negligence, recklessness, or intentional misconduct that contributes to the victim’s injuries. This is surprisingly (and unfortunately) common — overworked or poorly-trained physicians can make diagnostic mistakes, for example, leading to untreated cancer or other health problems that can have enormous, life-altering consequences. If medical professionals have failed to engage your healthcare with reasonable care, then they can be held liable for damages.

Dog bite injuries

Dog bite injuries are — perhaps unsurprisingly — common across the United States.  If you’ve been injured in a dog bite incident, you could have an actionable claim against the owner, assuming that you did not venture onto their property or otherwise provoke their dog into attacking you.  Some breeds are particularly dangerous and expose their owners to unique liability risks, so bear that in mind as you explore a case strategy.

What makes a successful lawsuit?

Though many people define a successful lawsuit differently depending on their goals — in the broadest sense, what defines a “successful” lawsuit is whether you are able to secure the maximum possible compensation for your legal claim given the evidentiary record and legal foundation behind the dispute.

Why do most lawsuits end in a settlement compromise?

Most lawsuits do, in fact, end in a settlement — industry experts estimate that as much as 95 percent of disputes are resolved through a settlement agreement.

Why?

As a general rule, trial litigation is a complex and resource-intensive aspect of civil litigation. These qualities make it best avoided in many cases — though trial litigation is absolutely an option in disputes where the other party is hostile and unwilling to settle fairly, it is best seen as a secondary option, not a primary option.

No matter how strong a case you think that you have, there’s always a risk that the court will find against you — they might rule against you entirely, or they might rule in your favor but award you lower damages than you expected. This uncertainty is innate to litigation. It is something that all parties face when navigating a dispute.

Further, the publicity of a trial is often seen as undesirable. For example, suppose that you are suing a construction company for a work accident that was caused by a failure to adhere to safety protocol on the job. If the details of the case were to be exposed to the public, the construction company might lose business — future business partners might be concerned about safety issues with the company, and might simply avoid working with them. The damage to the brand and reputation could be irreparable.

To avoid uncertainty, publicity, and other negative factors, many parties will choose to negotiate a settlement compromise — this lets them reasonably figure out what is “fair” given the evidentiary record and the legal foundation of the claims.

Is it costly to hire a personal injury lawyer?

Not necessarily. Most law firms offer contingency-based legal representation — that means they don’t get paid until (and unless) you get paid. When you hire one of these types of lawyers on contingency, you won’t have any upfront or out-of-pocket costs. Instead, they’ll take a percentage-based cut of whatever compensation amount they’re able to secure on your behalf.

This percentage can vary anywhere from 25 percent to 40 percent (or more), depending on the phase of litigation in which the case is resolved, and depending on what you are able to negotiate with the personal injury lawyer.

Contingency fee dynamics are very favorable to injury victims. That’s because it reduces the barrier to entry for bringing a lawsuit (since it costs nothing to get started and litigate the dispute) and incentivizes lawyers to work effectively on the victim’s behalf to secure the maximum possible compensation. The more you get paid, the more they get paid, after all.

You have a time limit for your claims

Regardless of the harm you sustained due to the defendant’s actions, each of your claims is still subject to a statute of limitations period — this operates as a deadline on the claim, by which you are required to bring a lawsuit.

If you do not bring a lawsuit before the applicable deadline passes, then courts will automatically dismiss your claims (should you bring them at a later time).  Under the law, your claims will be deemed abandoned or relinquished.  This can prevent you from securing any compensation for your losses.

Given the severe consequences of a delay, it’s critical that you work with a qualified personal injury lawyer as soon as possible after your accident.  Once you get an attorney, you can rest easy knowing that they will handle your case in a timely manner — in fact, they are legally required to do so!

If you’ve been seriously injured in an accident, or harmed in any other incident that was not your fault, then you may be entitled to compensation under the law.  The most common types of lawsuits share certain fundamental elements. That being said, navigating the legal process can be a challenge for first-time plaintiffs — and you may be confused about how to move forward with the dispute.  That’s where we come in.

Contact 1-800-THE-LAW2 for a free legal consultation with an experienced attorney in our network.  Legal representation is crucial to understanding your case and your strategic options.  During the initial consultation, you’ll have the opportunity to discuss your case in detail and learn about next steps.  If you decide that you’d rather not move forward with our network attorney, you can simply move on after your consultation — there’s no obligation to continue with them.  As such, there’s really no downside to picking up the phone and calling in. We handle various types of cases, including contract disputes.

We look forward to assisting you.

Navigating Brain Injury Settlement: Legal Guidance for Maximum Compensation

If you’ve experienced a brain injury due to an accident that was not your fault, then you may be considering a brain injury settlement or litigation to secure compensation. Brain injury losses can be significant, after all, and it’s important to cover your losses by suing the liable parties for compensation.

Understanding the process of negotiating a fair traumatic brain injury settlement is crucial for securing appropriate compensation.

The Brain Injury Association provides support and connects victims with specialized services, helping them navigate the complexities of brain injury cases.

That being said, most cases are resolved through settlement. But the general public may not know how to maximize compensation in their settlement negotiations, or what factors are even relevant. So today we’re going to run through some basics of brain injury settlements and disputes.

Read on to learn more!

How much money can you get from a brain injury?

Damages reflect the losses that you suffer as a result of the defendant’s negligent, reckless, or intentional misconduct. Claimable losses may include:

  • Wage loss
  • Loss of earning capacity
  • Medical expenses (i.e., medical bills)
  • Property loss
  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of companionship
  • And more

Even mild traumatic brain injuries can result in significant medical expenses and loss of earning capacity.

Damages in a brain injury lawsuit can vary quite a bit, depending on the severity of the injury itself, as well as your personal circumstances as the injured plaintiff.

For example, suppose that you’re unemployed when you sustain a brain injury. You would have a minimal (if not zero) wage loss claim. If you have a job, however, and you’re forced to take a year off to recover from your brain injury before returning to work, then you can claim your entire yearly salary as part of your wage loss. That adds up!

As such, there is no one-size-fits-all prediction that will work for your case. You’ll have to calculate your damages with an experienced attorney who can investigate the evidence and build a well-supported claim for compensation.

Why do most traumatic brain injury disputes end in settlement?

Brain injury settlement is common — and in fact, most personal injury disputes lead to a settlement compromise (as opposed to a trial). Frankly speaking, most disputing parties would rather engage in a brain injury settlement than go through the hassle and challenge of trial litigation.

Traumatic brain injury settlements are crucial for covering medical bills, lifelong disability, and other financial strains resulting from the injury.

An insurance company plays a crucial role in negotiating settlements for traumatic brain injury cases. They consider factors such as long-term care and medical needs, ability to work, and fault and insurance coverage to ensure a fair settlement.

Why?

Simply put, trial litigation is:

  1. Uncertain
  2. Resource-intensive
  3. Mentally-draining
  4. Time-consuming
  5. Public

Consider a situation in which you are hit by a delivery truck and sustain a traumatic brain injury as a result. You’d potentially be entitled to sue the delivery truck company (as the employer of the driver) for damages.

The delivery truck company would prefer to avoid litigation, if possible, as they are likely to suffer brand and reputational damage if the dispute goes public and reaches the media. So instead of going through litigation — and it may even be the case that they have a strong defense argument — they’d possibly offer you a favorable settlement just to avoid the negative publicity.

How do settlement negotiations work?

Settlement negotiations are essentially an evaluation of you — the injured plaintiff — and your ability to secure your desired compensation should the case proceed to trial. In a traumatic brain injury case, it is crucial to have experienced legal representation to navigate these negotiations effectively. Thus, the settlement negotiation has to account for litigation uncertainty, damages evidence, your potential witness testimony, and how sympathetic you are as a plaintiff, among many other factors.

Let’s run through a quick example to show how a “fair settlement” amount might be calculated in a basic accident scenario.

Suppose that you sustained a brain injury in an accident where the defendant-driver was speeding while intoxicated and lost control, causing a collision with your vehicle. Your claimed damages are $300,000. During initial settlement negotiations, the defendant concedes liability, as the evidence of their liability is clear — thus, you’ll have a 100% chance of “winning” should the case go to trial.

What the defendant is arguing, however, is that your damages should only be $150,000. They don’t believe that your evidence is strong enough to support a $300,000 damage claim. Your attorney and the opposing counsel go back and forth, and it appears that they agree there’s a 50 percent likelihood that the court will award $150,000, and a 50 percent likelihood that they will award $300,000. Thus, a middle-ground number would be a fair compromise for both sides — a settlement amount of roughly $225,000.

Other factors can influence this “fair settlement amount” — for example, you may be a particularly sympathetic plaintiff. Perhaps you have a large family to take care of and you’re the sole caregiver. Perhaps you have struggled and overcome quite a lot of challenges throughout your life. Perhaps you come across as sweet and friendly when you’re talking to a crowd. These factors can influence a court heavily, and increase the likelihood that they will award you higher damages.

How long do you have to sue for a brain injury lawsuit?

Every claim is associated with a statute of limitations period.  This statute of limitations acts as a strict deadline on the claim — failure to bring a lawsuit before the deadline can lead to negative consequences for your ability to be compensated.  Specifically, delaying past the deadline will result in the courts automatically dismissing your claim, as they will see it as having been abandoned or relinquished under the law.

The statute of limitations deadline varies based on the claim, and based on the jurisdiction in which your claim will be litigated in.  In California, for example, the statute of limitations period for a negligence-based personal injury claim (such as a brain injury claim) is two years from the date of injury.

That’s not much time if you account for all the post-accident hassle, the physical and mental recovery from the brain injury itself, and attempts to put your life back together (i.e., career-wise, interpersonally).

Given these issues, it’s important that you work with qualified personal injury attorneys who can help you navigate the legal process in a timely manner.  It’s their duty under the law to handle your claims in a timely manner, so you can rest easy knowing that you won’t have to concern yourself with procedural deadlines and other such problems.

Can a brain injury affect you years later?

Absolutely.

In fact, it’s good practice to go to physicians for medical diagnostics in the years after an accident, even if you don’t have any symptoms at first — that’s because many symptoms don’t show until later on down the line. For example, a low-speed rear-end injury could exacerbate a neurodegenerative condition that you already had, thus causing long-term issues and dysfunctions that aren’t obvious for the first few years after the accident.

Brain injury victims may experience long-term effects such as loss of consciousness, altered mental state, and interference with brain function, which are common in traumatic brain injuries. Therefore, ongoing medical care is crucial to monitor and manage these potential complications.

Worth noting: if your brain injury symptoms don’t show until later, your statute of limitations deadline may be extended to account for the late “date of discovery.” This could help preserve your brain injury claims so that you can still sue, even if the original deadlines for your claim have already passed.

It doesn’t necessarily cost anything to get started with a personal injury lawyer

Most people erroneously believe that it costs a lot of money to get started with a personal injury lawyer — they think that they don’t have “enough money” to bring a lawsuit against a defendant for damages. This is a stunning misperception, however. The large majority of plaintiffs’-side injury attorneys not only offer free consultations, but they work on a contingency basis.

In other words, they don’t get paid until you do. And there are no upfront or out-of-pocket costs. That means that you can get started without any money investment — only if they secure compensation on your behalf does the fee kick in.

Specifically, contingency fee arrangements usually involve percentage fees that can range anywhere from 25 percent to 40 percent (or more), depending on the phase of litigation the case is in when it is resolved.

The contingency fee dynamic is favorable for plaintiffs in a number of ways. Not only does it reduce the barrier to entry for litigating your claims, but it also incentivizes your attorney to work effectively and efficiently on your behalf to maximize your compensation. After all, the more you get paid, the more they get paid — so it’s a win-win for everyone.

If you’ve sustained a brain injury in an accident that was not your fault, then you could be entitled to sue for damages. Given that the stakes of traumatic brain injury cases tend to be high, it’s important that you explore your strategic options with an experienced attorney. That’s where we come in.

In cases of severe traumatic brain injury, it is crucial to seek legal help to ensure fair compensation for the significant medical bills and long-term consequences.

Contact 1-800-THE-LAW2 for a free consultation with one of the qualified personal injury lawyers in our network. During this initial consultation, you’ll have the opportunity to discuss your case in more detail and learn about the next steps with your lawsuit. That being said, if you decide not to move forward with our network attorney, that’s okay too — there’s no obligation for you to continue. So what are you waiting for? Call us today and have your case evaluated by a skilled attorney.

We look forward to assisting you.

Back Injury From Car Accident Settlement: Protecting Your Future and How to Secure It

If you’ve sustained an injury in a car accident, understanding the settlement for car accident claims can be overwhelming and confusing, especially if you’ve experienced a serious back injury. From injury settlement to trial litigation, you have options. Understanding the average injury settlement for back injuries in car accidents can help you gauge what to expect in terms of compensation. These options aren’t always straightforward, however, particularly for a first-time plaintiff who has never navigated a legal dispute before.

Dealing with a back injury (from car accident settlement to litigation) isn’t easy, but it can be very rewarding. So don’t treat your case as a throwaway. Get the help and understanding you deserve as you explore your options.

Let’s take a closer look at the basics behind getting the right injury settlement for a back injury from a car accident. Read on to learn more!

Why do most personal injury lawsuits end in a settlement?

Many people don’t realize that the large majority of injury disputes (in fact, more than 95 percent!) are resolved through a negotiated injury settlement compromise — not a courtroom trial proceeding.

Understanding the average settlement for car accident injuries can help you gauge what to expect and why many choose to settle rather than go to trial.

Negotiating with the insurance company is a crucial part of the settlement process, and having experienced legal representation can significantly impact the outcome.

Why?

Simply put, trial litigation has a lot of negative aspects. That doesn’t mean that you shouldn’t go through trial if necessary — if it’s the only way forward to secure compensation, it’s still a good idea in many cases. But, very often, it’s best avoided if possible.

Here’s the problem. Trial litigation is:

  • Uncertain
  • Resource-intensive
  • Public
  • And more

Consider the uncertainty of the trial. See, even if you have a “strong” and persuasive argument for compensation, there’s always a chance that the court will interpret things differently and the outcome will proceed in an unexpected manner — or that the court will give you the “win” but will award a lower amount of damages than you would have ideally preferred. This uncertainty is inherent to litigation. Skilled attorneys do everything possible to minimize uncertainty and maximize your compensation.

That being said, because uncertainty always exists, many parties prefer to negotiate around that uncertainty by agreeing to a settlement compromise beforehand. That way, they avoid the resource-intensive and public aspects of litigation, while also choosing a fair settlement amount that accounts for the uncertainty.

How much are most back injury settlements?

The “average settlement” does not exist. In other words, there is no one-size-fits-all answer for a neck injury settlement or a back injury settlement.

The supposed average settlement for car accident back and neck injuries depends on various factors, such as the severity of the injuries, the impact on the victim’s life, and the process of seeking compensation with the help of a car accident lawyer. Personal injury settlements — like the overall damages/compensation — vary considerably from case-to-case. Numerous factors can influence how your settlement turns out, changing what you might consider to be the average settlement amount for a case like yours. As a general rule, the more you can persuasively show the opposing party that you are likely to secure the compensation you’re attempting to claim, the closer your settlement offers are going to be to the “ideal” average settlement.

Factors influencing a settlement offer include:

  • The hostility of the defendant to a potential settlement
  • The potential damage to the defendant’s reputation or brand should the case be reported on to the general public
  • How strong the evidence is in support of your claim
  • How sympathetic and relatable you are as an injury victim
  • How persuasive your expert testimony is
  • Public sentiment regarding cases like yours
  • And more

For example, after the #metoo movement, sexual harassment claims became much more public and garnered extensive media attention. This empowered victimized employees to sue their employer and put an immense amount of pressure on their employer to settle early and favorably — after all, if word got out that the employer fostered a hostile work environment in which an employee was sexually harassed, then their reputation/brand could be irreparably damaged.

How much can I get for a spinal cord injury?

Compensation in a spinal cord injury or general back injury lawsuit is linked to losses you suffered — the damages resulting from the defendant’s negligence, recklessness, or intentional misconduct. The losses may vary quite a bit, depending on the circumstances of the case, and the ways in which the injury impacted your life. Settlements for back and neck injuries can be influenced by factors such as the severity of the injury, insurance coverage limitations, and the impact on the victim’s life, making it crucial to understand the settlement for car accident claims.

Claimable losses include:

  • Wage loss
  • Loss of earning capacity
  • Medical expenses (i.e., medical bills)
  • Property loss
  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of companionship
  • And more

Seeking immediate medical treatment and documenting symptoms are crucial for securing fair compensation for serious injuries, such as back and neck injuries – whether through a lawsuit or a back injury settlement.

To understand how damages can vary from case-to-case, consider a car accident in which you sustain a back injury. In one alternative scenario, you’re forced to take a year off from work, and so with a yearly salary of $60,000, you have $60,000 in lost wages to claim as additional compensation. In another alternative scenario, you only need to take a half year off from work, for a total of $30,000 in lost wages. That’s a pretty significant difference in compensation!

Are back injuries hard to prove?

It depends. While many back injuries are obvious and well-supported by initial diagnostic tests, in some cases, back injuries develop slowly due to degenerative conditions that aren’t as obviously symptomatic and aren’t as easy to diagnose.

Similarly, proving a neck injury, such as whiplash or muscle strain from a car accident, can be challenging in legal cases due to the need for expert medical testimony and thorough documentation of costs (i.e., medical bills for your back or neck injury, physical therapy, etc.).

That’s where an experienced personal injury attorney comes in — they will help you access medical professionals who can conduct the necessary tests to identify your back injury and monitor it over time so that you have strong enough evidence to support your claims. After all, issues like chronic pain can be a function of severe injuries but may be difficult to establish. A successful injury claim and personal injury case is not just reliant on establishing the reality of past medical expenses and future medical expenses — it’s also about showing that there are ongoing issues, like a permanent disability, that could complicate your life.

Bear in mind that back injuries sustained in an accident can develop over time (or even get much worse over time). As such, it’s critical that you monitor the injury and go in for routine check-ups to ensure that there is a documentary record of your injury over the course of time. This will ensure that you can support any claims that you have regarding your injury’s long-term impacts on your career and lifestyle, as well as any other costs it might demand, such as physical therapy.

Back injury severity and its impact on your case strategy

Generally speaking, juries are more sympathetic to certain types of plaintiffs and certain types of injuries. Back injuries tend to be more “relatable” to juries, as many people have experienced at least temporary back problems and understand just how impactful it can be on a person’s ability to function normally. Thus, a severe back injury — and the losses associated with it (i.e., extensive time off from work, lifestyle changes, etc.) — is much more likely to play well in front of a jury than a rare, less relatable injury.

Soft tissue injuries, such as those affecting the back, neck, and spine, can also significantly impact case strategy and jury sympathy due to the associated medical expenses and the potential for substantial settlements and verdicts.

Making you into a sympathetic plaintiff is a key part of case strategy. In fact, the opposing counsel will be made well aware of this before any sort of trial litigation begins — this will factor into their willingness to offer a favorable settlement early on, as they may worry that you will outperform expectations should the case proceed to trial.

Who can you sue for a back injury resulting from a car accident?

Car accidents are not always as straightforward as they seem on the surface. There are a number of unique circumstances and complications that can change the way in which you litigate your dispute. For example, a car accident involving a delivery driver could lead to a lawsuit against the other driver’s employer — thus opening up an entirely new legal option in litigation.

Spinal cord injuries can result from different types of car accidents, leading to severe consequences such as paralysis, sensory issues, and permanent nerve damage. Potential defendants in such cases may include (but are not limited to):

  • The other driver(s) involved in the accident
  • The other driver’s employer, who could be potentially held vicariously liable
  • The other driver’s employer, who could be potentially held independently liable
  • The auto manufacturer, if some defect in design or manufacturing contributed to the occurrence of the accident
  • The City, if some defect in the design or maintenance of the roadway contributed to the occurrence of the accident
  • Other property owners, if they improperly maintained their property in such a way that it contributed to the occurrence of the accident
  • Medical professionals, if they engaged in malpractice and exacerbated or caused a back injury as a result of said negligence
  • And more

Strategically, it can be very useful to sue multiple defendants. That’s because each defendant has a different tolerance for litigation, and has different resources at their disposal. If you have significant damages, for example, then the other driver’s personal insurance coverage might not pay out enough to cover all your losses.

Their employer may have substantial liability coverage that would pay out for all your losses, however. This is known as a “deep pockets” defendant. Further, the employer might have business-related brand reasons for avoiding litigation — this means that you can possibly pressure them into an early and favorable settlement compromise.

It costs nothing to get started with a qualified car accident lawyer

Most personal injury lawyers who represent plaintiffs (i.e., the injury victim) work on a contingency basis.  What this means is that you don’t pay anything upfront or out-of-pocket to get started on working with the attorney.  Instead, you give them a percentage cut of whatever compensation they’re able to secure on your behalf — this can be as little as 25 percent, or as much as 40 percent (or more).

In other words: your attorney only gets paid if you get paid.  You don’t pay anything if you don’t get paid.

Contingency fee arrangements have a number of advantages.  Quite obviously, they make it easier for the average person to afford litigation — after all, there isn’t any financial barrier to you getting started with a lawsuit.  This “no upfront cost” arrangement is further exemplified by the fact that most lawyers offering a contingency fee provide free initial consultations, too.

Most importantly, however, contingency fees link your success to your attorney’s eventual payout. This incentivizes your attorney to work efficiently and effectively to maximize compensation on your behalf.

Ultimately, it’s a win-win situation.

If you’ve sustained back injuries in a car accident, then you could be entitled to significant compensation under the law — depending on the circumstances of your case.  However, back injury (from car accident settlement to trial litigation) disputes can be rather complex. Navigating the unique challenges and opportunities of a back injury dispute can be overwhelming for the first-time plaintiff.  That’s where we come in.

Contact 1-800-THE-LAW2 for a free legal consultation with an experienced personal injury attorney or car accident lawyer in our network.  During this initial consultation, you’ll have the opportunity to discuss the details of your case, understand your legal options, and identify the next steps so that you can move forward.  If you decide that you’d rather not move forward with the consulting attorney, that’s okay too — there’s no obligation for you to continue.  So pick up the phone and get started with a free consultation today.

We look forward to assisting you.

Demystifying Whiplash Injury Compensation: What You Need to Know

If you’ve suffered a whiplash injury in a car accident, then chances are that you’re considering whether to pursue whiplash injury compensation through a whiplash claim, lawsuit, or insurance claim.

The legal process surrounding a whiplash incident can be confusing and overwhelming for a first-time claimant, however. Consulting with an experienced personal injury attorney can help you navigate the complexities of securing fair settlements and maximizing your recovery. For the sake of clarification, and to encourage you to explore your legal options, let’s go through some of the basics.

What is a whiplash injury?

Whiplash is a neck injury that occurs when an impact force causes the victim to sustain rapid back-and-forth movements affecting the neck. The motion is said to be reminiscent of the “cracking of a whip.”

Whiplash can occur in many car accident scenarios. The force of impact — whether from a rear-end collision, front-end collision, or sideswipe — can put serious strain on the neck and its supporting structures.

Fortunately, whiplash is recoverable in most cases. The severity of a whiplash injury can vary quite a bit, however — in some cases, recovery from a whiplash injury may only require a few weeks of rest, while in other cases, recovery may require surgery and years of rehabilitation. Severe whiplash injuries can significantly impact an individual’s ability to return to work, and perform job duties, and lead to financial challenges due to missed work hours and decreased income. In addition to lost wages, victims often face significant medical expenses, including emergency room treatment, diagnostic tests, and ongoing physical therapy.

What are the typical symptoms of whiplash?

Symptoms of whiplash may include:

  • Default neck pain
  • Movement-related neck pain
  • Neck stiffness
  • Neck mobility issues
  • Severe headaches
  • Tenderness/pain in the shoulders, upper back, and arms
  • Tingling/numbness in the shoulders, upper back, and arms
  • Fatigue
  • Dizziness
  • And more

Symptoms can vary from case to case, and may not be obvious at first. Don’t make assumptions about your health status until you’ve actually gone to a physician and run some diagnostic tests. Physical therapy is often recommended as a treatment for whiplash injuries.

In fact, even minor whiplash injuries can develop into more serious, life-altering conditions over time — for example, a low-speed accident can lead to spinal degeneration after a whiplash injury. This spinal degeneration might not present until years later. Make sure to regularly consult with physicians over time to ensure that your condition has not worsened or developed into something new.

Is it worth suing for a whiplash injury claim?

Whether it’s worth suing for a whiplash injury will largely depend on the losses that you sustained as a result. If your whiplash injury and its consequences are minor, then it may not be worth suing. If they are major, then the potential compensation could be rather significant.

That being said, it’s always worth discussing your personal injury case with an experienced accident attorney to figure out whether your claims are strategically viable. Consultation with a plaintiffs’-side personal injury attorney is typically free, so it’s a sensible choice to call in and talk about your case to learn more.

Damages in a Whiplash Injury Dispute

Damages are meant to account for the losses that you sustained as a result of the accident and your injuries. Claimable losses include, but are not limited to:

  • Lost wages
  • Loss of earning capacity
  • Medical expenses (such as medical bills)
  • Property loss
  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of companionship
  • And more

Worth noting: damages vary from case to case, and depend on the unique circumstances of the individual affected by the accident. For example, an unemployed injury victim will have zero lost wages, while an employed injury victim may have to take substantial time off from work to recover, thus leading to a large lost wages payout.

How is a whiplash settlement calculated?

Whiplash settlements are best understood as a means for the opposing parties to navigate the uncertainty and negative costs of trial litigation. As such, calculating the settlement is rather simple — a fair settlement amount is a representation of your damages total multiplied by the likelihood that you will actually receive that amount from the court should the case proceed to trial.

The insurance company plays a crucial role in negotiating settlements, often employing tactics to minimize payout amounts. Hiring an experienced attorney can help counter these tactics and fight for a fair settlement.

For example, suppose that you sustain a whiplash injury in a car accident, and the total damages you’re claiming are $100,000. After some initial back-and-forth with the defense counsel, it appears that the evidence is strongly in your favor and that the defense agrees with that characterization of the dispute. You and the defense estimate that you have a 75% chance of succeeding should the case proceed to trial. Thus, a fair settlement amount would likely hover around $75,000.

This number can shift based on a few other factors. For example, if you’re a particularly unsympathetic injury victim, then that can “lower your chances of success” should the case proceed to trial — thus reducing the negotiated settlement amount.

What if you’re partially at-fault for your whiplash injury?

Many accident disputes do not involve faultless injury victims. Depending on the state’s jurisdiction, fault, and liability change case outcomes in different ways.

In some states, a doctrine known as “pure comparative fault” applies. Under pure comparative fault, the injury victim can be up to 99 percent at-fault for the accident and injury and still sue for compensation. Notably, however, their compensation amount will be reduced by their percent fault contribution. So if an injury victim is 60 percent at-fault for their own injuries, and sustained $100,000 in damages, they could sue for $40,000.

In other states, a doctrine known as “modified comparative fault” applies. It works the same way as pure comparative fault, except that you — the injured plaintiff — are prohibited from recovering any compensation if you are 51 percent at-fault (i.e., more responsible for your own injuries than anyone else).

In a few states, a doctrine known as “contributory fault” applies. It’s quite strict and prevents the injured plaintiff from recovering compensation if they are even one percent at-fault. Fortunately, there are ways to navigate this limitation — for example, if you weren’t wearing a seatbelt, your attorney might try and argue that the lack of a seatbelt did not actually contribute to the injuries at all.

You don’t have an unlimited time to sue for your whiplash injury

Every claim — including a whiplash injury claim — has a time limit known as the statute of limitations. This statute of limitations period works as a deadline for your whiplash claims, with rather strict consequences for failure to abide by the deadline.

If you do not file the relevant injury claim before the deadline passes, then you will be unable to sue and recover damages under the law. Courts will automatically dismiss the relevant claim on the basis that the statute of limitations for that claim has passed already. You could be left without a legal path to compensation.

That’s why it’s so important to consult an attorney before it’s too late. The stakes are high in injury litigation, and messing up various procedural aspects of your case (i.e., the deadlines and other basics) can lead to negative outcomes.

In California, for example, you have two years (from the date of injury) to bring a negligence-based injury claim. If you’ve waited too long, however, do bear in mind that there may be certain exceptions to the statute of limitations that apply. Consider the “Discovery Rule,” which suspends the statute of limitations countdown until you’ve actually discovered the injury (or should have discovered the injury) — this exception exists for cases in which the injury does not present symptoms (or is difficult to identify/diagnose) until years later.

How much does it cost to litigate my claim using a car accident attorney?

Most plaintiffs’-side personal injury lawyers work on a contingency basis, so they don’t get paid until (and unless) you get paid compensation. Contingency fee arrangements don’t require any upfront or out-of-pocket fees. Instead, the attorney takes a percentage cut of the compensation they secure on your behalf — this can range anywhere from 25 percent at the low end to 40 percent or more at the high end.

Contingency fee arrangements create a favorable dynamic for injury victims. First, it allows injury victims to pursue their claims without any financial resources to start with. Second, it incentivizes attorneys to work efficiently and effectively to maximize compensation for the injured client — that’s because they get paid more when you get paid more. If you have suffered whiplash, it is crucial to seek legal assistance to determine the correct compensation.

It’s really a win-win dynamic for all involved.

If you’ve suffered a whiplash injury in a car accident, then you could be entitled to sue for damages under the law. Navigating the litigation process isn’t always straightforward or simple, however, which is why you’ll want the assistance of an experienced car accident lawyer. That’s where we come in. Severe injuries, such as chronic symptoms of whiplash, require professional help to ensure you receive the compensation you deserve.

Contact 1-800-THE-LAW2 for a free legal consultation with a skilled local attorney in our network. During this initial consultation, you’ll have the opportunity to discuss your case in detail and get professional guidance on how best to proceed. Experienced attorneys can identify your strategic options and help you understand how to navigate these options in your best interest. If you decide you’d rather not continue with the attorney after the initial consultation, you’re under no obligation — so there’s really no downside to picking up the phone and getting started.

We look forward to assisting you.

Maximizing Your Soft Tissue Injury Settlement After an Accident

Have you sustained soft tissue damage or injuries after an accident? A soft tissue injury settlement could be in the cards, but you’ll have to explore your legal options and understand whether your claims have merit. Soft tissue injury settlements often involve calculating, seeking, and proving compensation for various damages incurred. That’s where an attorney comes in. You can discuss your case and have your attorney develop a persuasive legal argument on which to anchor a potential lawsuit and soft tissue injury settlement — in legitimate dispute scenarios, strong legal foundations often lead to a settlement compromise.

Compensation is important, as it ensures that justice has been served and that you have received adequate cover for your losses. We therefore encourage you to get in touch with an attorney in our network by calling in to 1-800-THE-LAW2 for a free legal consultation.

If you’d like to learn more about soft tissue injuries and maximizing your settlement in such disputes, however, then read on! We’ll explore some of the basics.

What is a soft tissue injury?

A soft tissue injury occurs when the body’s muscles, tendons, and ligaments are damaged in an accident. In some cases, a severe soft tissue injury can result in permanent damage and may require long-term treatment or surgery. Common soft tissue injuries include whiplash, sprains, and strains. These connective tissues drive the body’s motor functions — injuries to these organs can lead to longstanding functional issues that could alter your ability to navigate the world, have normal relationships, and establish a satisfying and productive career. The losses can be quite significant, in some cases.

For example, if you have sustained serious damage to your ankle ligaments in a construction accident, then you could be left unable to return to work in a legitimate capacity for a year or more. Even then, your ability to work long and strenuous hours could be affected, limiting your growth potential in the construction industry. This could cause lifelong income issues and have damaging effects on your confidence, which can have knock-on impacts on your relationships and ability to engage socially with friends and family. All of these add up — an experienced personal injury lawyer will understand how to paint the narrative so that it correctly accounts for all these related losses.

How much can I get for a soft tissue injury?

Compensation is tied to the losses you sustained as part of your soft tissue injury. If your soft tissue injury results in chronic pain, this can significantly impact your quality of life and increase the compensation you may be entitled to. If your soft tissue injury causes life-altering changes, such as career-related issues, then you may have a significant claim for damages that you can be compensated for – and this could have impacts on your potential soft tissue injury settlement.

Filing a soft tissue injury claim is crucial to seek compensation for the losses sustained. Detailed medical documentation, consistent treatment, and providing evidence are essential to building a strong case and seeking fair settlements.

Claimable losses include:

  • Wage loss
  • Loss of earning capacity
  • Property loss
  • Medical expenses, such as medical bills
  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of companionship
  • And more

Every case is different, and every plaintiff is different. The circumstances of one plaintiff could be different enough to result in wildly unique damage claims, even though they sustained the same injury. As such, there’s no simple way to predict damages based on the type of accident you sustained — instead, your attorney will have to investigate the evidence and calculate your damages based on the facts of your particular case.

For example, suppose that you sustained soft tissue injuries in a car accident. In Scenario A, you are unemployed. You would have zero wage loss damages, as you didn’t have to take any time off from work after the injury. In Scenario B, however, you have a job that pays $50,000 per year. You’re forced to take six months off from work to recover from your injuries. You’d therefore have $25,000 in claimable wage loss damages alone.

Why do most personal injury disputes end in a settlement?

It’s true that the large majority of personal injury lawsuits, including soft tissue injury cases, are resolved through a settlement agreement. Industry observers estimate that as much as 95 percent of lawsuits are resolved through settlement.

Why?

Trial litigation can be resource-demanding, public, exhausting, and above all: uncertain. There is no guarantee that a person going through litigation will win their case, and even if they do win, there is no guarantee that the court will award the level of damages that they’re looking to be compensated for.

In soft tissue injury cases, various factors influence settlements, including proving liability, the impact on work, the average settlements, and the difficulty in securing fair settlements. Documenting injuries and losses thoroughly is crucial for building a strong case.

Given this inherent uncertainty, and the various other negative aspects of litigation, parties often prefer to resolve the dispute through an early settlement. This lets them have some control over the amount that they are “bargaining for” in the dispute — this certainty is preferable in many cases to the surprise of a trial award.

Aside from the uncertainty, the other negative factors can have a significant impact on a party’s willingness to move forward through litigation. Consider, for example, that you are suing a local business whose public-friendly, safety-first brand is key to their success. If they allow you to push them ahead through the litigation process, the media may report on the lawsuit and the underlying details of the dispute may become public — this could cause irreparable damage to their brand.

Rather than damage their brand, the business defendant may prefer to pay out a favorable settlement early — it may be more than they’d “like” to pay, but they’re willing to do it to avoid the brand and reputational loss.

How to maximize your soft tissue injury settlements

Since settlements are — in a sense — a representation of the uncertainty that surrounds a dispute, maximizing your settlement will involve establishing the certainty of your claims and convincing the opposition of it.

Documenting soft tissue injury symptoms immediately after the accident is crucial for supporting your claim and maximizing your settlement. Seeking immediate medical treatment to document and validate injuries is crucial, as it can support your claim and aid in the recovery process.

Confusing?  Allow us to explain.

Suppose that you’re involved in an accident that results in a soft tissue injury with damages adding up to roughly $100,000.  Your injuries are quite extensive, but the defense disagrees with your calculations.  They believe that your injuries are only worth $50,000.  You produce evidence in support of your damages claim — and the evidence is quite persuasive.  You and the defense counsel agree that there is a 75% chance that the court (if the case were to proceed to trial) would award you the $100,000.  Thus, a $75,000 settlement would be a fair settlement that accounts for the 25% uncertainty associated with your claims.

Maximizing your settlement amount isn’t a simple task.  Your attorney will work to build a stronger, more persuasive case — they will work with experts to develop favorable testimony on your behalf, and they will gather a mountain of evidence that supports your legal arguments and various assertions.

Why should you move forward with a personal injury attorney?

Attorneys are valuable at every stage of the legal dispute, from early accident investigations to the trial and other court processes. A personal injury attorney is essential for navigating the complexities of soft tissue injury claims and ensuring you receive fair compensation. Too often, the public mistakenly believes that attorneys are only “courtroom advocates.” In reality, experienced attorneys wear a lot of hats and take on a variety of different responsibilities and roles. A personal injury attorney, in particular, plays a crucial role in gathering evidence, communicating with insurance companies, and building a case for maximum compensation. These include the following:

  • Identifying, gathering, and preserving relevant evidence
  • Investigating the accident scene
  • Communicating on your behalf with the other driver, law enforcement, opposing counsel, insurance carriers, insurance adjusters, government officials, and more
  • Working with experts and witnesses to develop supportive testimony
  • Building a persuasive legal argument
  • Negotiating a potential settlement agreement
  • Navigating courtroom proceedings (i.e., hearings)
  • Pushing forward to trial, if necessary
  • Securing compensation after it has been awarded by the court or won through a settlement
  • And more

How much does it cost to hire an attorney for my injury dispute?

Most plaintiffs’-side personal injury lawyers work on a contingency basis.  That means they cost nothing upfront or out-of-pocket.  Instead, your attorney will take a percentage cut of the compensation they secure on your behalf — this can range anywhere from 25 percent at the low end to 40 percent or more at the high end.

Contingency fee arrangements create a lot of favorable dynamics for the injured plaintiff.  The contingency fee arrangement empowers plaintiffs to explore legal solutions because there’s no upfront cost — you don’t need any money to get started.  Additionally, the fact that attorneys take a percentage cut of the final compensation amount means that they are incentivized to work efficiently and effectively to maximize your compensation.  After all, they only get paid if you get paid.

It’s a win-win situation.

If you’ve sustained a soft tissue injury in an accident that was not your fault, then you could be entitled to sue for damages.  Compensation isn’t always straightforward, however, and there can be many challenges that you encounter throughout the litigation process.  That’s why it’s important to work with an experienced personal injury lawyer who can help you navigate the litigation process effectively, and who will work to maximize your compensation (either the settlement offer or the trial award).

Contact 1-800-THE-LAW2 for a free legal consultation with a skilled personal injury lawyer in our network.  During this initial consultation, you’ll be able to discuss your case in detail and obtain professional guidance on how best to proceed.  You may have multiple strategic options to consider.

There’s no obligation to continue with our network attorney if you decide against it after having your free consultation.  So there’s really no downside to picking up the phone and getting started.

We look forward to assisting you.

Why You Need a Commercial Truck Injury Lawyer

If you’ve been involved in a commercial truck accident, then you may have sustained serious injuries. Commercial truck accidents can lead to severe consequences due to their complexity and the multiple parties involved, making it crucial to hire experienced truck accident attorneys. Chances are that you are interested in exploring your legal options with a commercial truck injury lawyer, and whether you have a path to obtaining compensation that can cover your losses in a truck accident case. Truck accident disputes can be complex and challenging, especially for a first-time plaintiff — that’s why it’s so important to work with a skilled commercial truck injury lawyer who can help you navigate the litigation process effectively.

We encourage you to contact us at 1-800-THE-LAW2 to set up a free consultation with a qualified commercial truck injury lawyer in your area, but if you’d like to learn more before you call in, read on! We’ll explore some of the basics about truck accidents, and how best to move forward with the legal process.

Why are truck accidents often severe?

Truck accidents are often the most dangerous type of auto accident, and there are many reasons for that — a large truck can be unwieldy on the road, and this lack of maneuverability can expose others to a serious risk of injury, especially in poor weather conditions. Handling a truck crash requires expertise and experience due to the complexities involved. Unlike regular car accidents, truck accidents often result in more severe injuries and damages due to the size and weight of commercial trucks. Further, when a collision does occur, the size and weight of the vehicle (along with cargo) increases the impact force to levels that can crumple smaller vehicles and cause life-altering injuries, or even death. A truck accident lawyer can offer free evaluations and consultations to help you understand your legal options and the statute of limitations for filing a lawsuit after a truck accident.

Given the potential for substantial losses, it’s that much more important to push forward with litigation to secure the maximum possible compensation to cover those losses. If you’ve sustained life-changing injuries, it’s only right that those responsible pay for the losses that you incurred.

Commercial truckers have greater responsibilities

In truck accidents involving a commercial truck driver, it can be easier to establish liability as they have a commercial driving license (CDL).

A trucking company also has significant responsibilities in ensuring the safety and maintenance of its fleet, as well as hiring experienced and safe drivers. The CDL imposes heightened responsibilities on truck drivers — that’s because what is “reasonable” behavior for a professional truck driver is going to be different than “reasonable” behavior for a regular driver. Professional drivers are expected to obey traffic rules more strictly and are expected to make more intelligent, safe decisions on the roadway. Their failure to abide by these expectations could expose them to liability.

What are the damages I can get in a commercial truck accident?

The compensation you can access in your truck accident dispute will depend on the damages you sustained — in other words, the total of the losses you experienced as a result of the defendant’s negligent, reckless, or intentional actions. Filing a truck accident claim can help you seek compensation for the damages you sustained. Claimable losses include:

  • Lost wages
  • Loss of earning capacity
  • Loss of property
  • Medical expenses (i.e., medical bills)
  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of companionship
  • And more

It’s important to understand that every case is different. Your personal life circumstances will determine your compensation to a significant degree, because the losses you sustain may be unique.

For example, suppose that you are injured in a commercial truck accident. In Scenario A, you are unemployed at the time of the accident. As such, you experience no wage loss damages. In Scenario B, however, you are employed and cannot return to work for a year due to the injuries. Your wage loss damages are likely to be significant (it will be equivalent to your yearly salary!).

Given the inequity in damages from case to case and the fact that damages can be highly circumstantial, it’s important to work with experienced attorneys who understand how to “work up” your case and build a strong damages claim that is well-supported by the evidence.

Who can you sue in a commercial truck accident dispute?

In a truck accident dispute, you could potentially sue the following parties:

  • The other driver who directly collided with you
  • Various other drivers who indirectly contributed to your collision
  • The auto manufacturer, if some defect of your vehicle (or another vehicle) contributed to the accident and your injuries
  • The City, if the roadway was defectively designed or poorly maintained such that it contributed to the accident and your injuries
  • A private property owner whose condition of property contributed to the accident and your injuries
  • The employer of any driver involved, if the driver was acting within the course and scope of their employment when they contributed to the accident
  • And more

Trucking companies can also be held liable if they fail to adhere to safety regulations or if their negligence contributed to the accident.

As you can see, there are many potential defendants in a truck accident dispute. Suing these defendants can be useful because it allows you to access “deeper pockets” in some cases.

For example, a commercial trucker is most likely employed and acting within the scope of their employment (i.e., they’re delivering goods) at the time of the accident. If they collide with your vehicle, and you try to sue them, you might find that they do not have sufficient personal insurance to cover your losses. But the law entitles you to sue their employer under the theory of vicarious liability — the employer is liable for the negligence of their own employees.

Under vicarious liability, you could sue the employer and access their insurance coverage to cover your losses. As a business, they are likely to carry more insurance coverage. They are also likelier to settle early, as they have a business incentive to avoid negative publicity for their brand (in the event of a lawsuit).

What if I’m partially at fault for my injuries?  Can I sue for damages?

If you’re partially at fault, you may still be able to sue for damages, depending on the state law that applies to your case. In a commercial vehicle accident, determining fault can be complex due to the involvement of multiple parties and regulations. That’s because different states implement different “fault” systems or doctrines.

In some states, there is a fault doctrine known as “pure comparative fault.” Under the pure comparative fault doctrine, the injury victim can sue for compensation even if they are partially at fault. The injury victim can be up to 99 percent at fault! The kicker is that they can only recover a percentage of the damages that are attributable to the fault of others. So if they are 60 percent at fault, then the courts can award them 40 percent of the total damages.

In other states, there is a fault doctrine known as “modified comparative fault.” Under the modified comparative fault doctrine, the injury victim can sue for compensation even if they are partially at fault, but only if their contribution of fault (as a percentage) is 50 percent or less. If they contributed 51 percent fault or more, then they are prohibited from recovering compensation at all.

In a small minority of states, there is a fault doctrine known as “contributory fault.” Under the contributory fault doctrine, the injury victim is prohibited from recovering any compensation if they are even 1 percent at fault. That doesn’t mean you can’t recover if you’ve made a mistake of some kind — your attorney will simply have to prove that your mistake did not contribute to your own injuries.

Truck accident lawyers are important — but why?

Truck accident lawyers are more than just courtroom advocates. They handle a wide range of duties throughout litigation. These include:

  • Communicating with opposing counsel, law enforcement, insurance carriers, insurance adjusters, and others on behalf of the client
  • Identifying, gathering, and preserving relevant evidence
  • Developing a persuasive legal argument based on said evidence
  • Working with experts and witnesses to build supportive testimony
  • Negotiating a potential settlement agreement
  • Navigating court hearings and other processes
  • Pushing forward to trial if a favorable settlement is not reached
  • Securing whatever compensation is awarded by the court
  • And more

Though you are within your rights to move forward without an attorney, it’s highly discouraged by the courts (and is generally seen as a poor strategic move). As an example, the insurance company will typically treat your claims more seriously when you have an attorney working on your behalf — without an attorney handling communications for you, they may use an insurance adjuster to squeeze out sensitive disclosures that could undermine your claims and give them an opening to underpay you (or even outright reject your claims).

It costs nothing to get started with a commercial truck accident attorney

Truck accident lawyers — like other plaintiffs’-side personal injury lawyers — most often engage clients with a contingency fee arrangement. Hiring a truck accident law firm can provide you with the specialized expertise and resources needed to handle your case effectively.

Contingency fee arrangements are different than most people expect. As the client, you don’t pay anything upfront or out-of-pocket. Instead, you only pay the attorney a percentage cut of whatever compensation they secure on your behalf. This percentage can vary from 25 percent to 40 percent (or more), depending on the phase of litigation in which your dispute is resolved.

For example, suppose that you are being represented by a personal injury attorney in a truck accident lawsuit. Your attorney wins your case and secures $100,000 in damages as compensation. They take 35 percent of the compensation as their fee, so you receive $65,000 after fees.

Contingency fee arrangements are beneficial as they allow injury victims to pursue compensation even if they don’t have enough money to begin with. Additionally, the arrangement creates a favorable dynamic in litigation — because you don’t pay unless you win, the attorney is incentivized to fight aggressively on your behalf to secure a win. Further, they’ll work to maximize your compensation, as the more you get paid, the more they get paid.

Win-win.

FAQs

What makes commercial truck accident cases particularly challenging or full of opportunity?

Commercial vehicle accidents have a few unique aspects to consider if you’ve been made an injury victim and are looking to be compensated. First, commercial truckers owe others (on the roadway) a heightened duty of care, and as such, it tends to be easier to establish liability. Second, employers can be sued for the negligence of their employees (i.e., trucking companies can be sued for the negligence of their drivers of commercial vehicles). This lets you access their “deeper pockets” and better insurance coverage to cover all your losses.

Why should I get a truck accident injury lawyer before speaking to insurers?

A: Insurers are not your allies. They make a bigger profit the more that they reject or underpay legitimate claims. When an insurance adjuster is talking to you after you’ve been in an accident, they are trying to get you to disclose sensitive information that could undermine your case. That’s where experienced truck accident lawyers are useful. They know how to communicate with insurers to avoid these sensitive disclosures and to keep your claims as strong as possible.

If you’ve been injured in a commercial truck accident, then as a truck accident victim, you could be entitled to sue for compensation under the law. Navigating the complexities of a truck accident dispute isn’t always easy or straightforward, however. That’s why we encourage you to explore the possibility of a lawsuit (and a negotiated settlement) with an attorney in our network.

Contact 1-800-THE-LAW2 for a free legal consultation with an experienced truck accident attorney in our network. During this initial consultation, you’ll have the opportunity to discuss your case in detail and obtain professional guidance on how best to proceed. If you decide against moving forward with the attorney, there’s no obligation to continue. You can simply have your consultation and use a different lawyer, or even decide against pursuing legal compensation at all. The choice is entirely yours.

We look forward to assisting you.

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