Steps To Take After Being In A Sideswipe Accident 

If you’ve been injured in a sideswipe accident, then you could be entitled to compensation under the law. Sideswipe accidents occur when two vehicles make contact with each other along their sides, often due to traveling in blind spots or driver distraction. The possibility of a car accident lawsuit can intimidate and even confuse many people who are unfamiliar with the personal injury claim process and how it works. We understand — that’s why we strive to simplify and explain the basics of legal disputes, and here, sideswipe accidents. So if you’d like to learn more about sideswipe car accidents, read on!

What to do immediately after a collision?

After being sideswiped, there are certain steps you should take to maximize your chance of success as the case proceeds. Failure to take these steps after being sideswiped can undermine your sideswipe car accident-related injury claims and weaken your case leverage. A sideswipe accident can cause the driver to lose control of their vehicle, leading to further collisions with other vehicles or stationary objects, and potentially resulting in catastrophic consequences.

Consider the following:

  • Obtain emergency medical attention. Prioritize your health. Seek immediate medical attention, if necessary, after the sideswipe accident occurs. If you’re not in need of emergency services, then you may be able to spend more time at the accident scene, handling other administrative matters — but just make sure to go to a medical facility afterward, as you may have an injury that is not symptomatic or obvious on the surface.
  • Avoid excessive and detailed communication with other parties. Communications you have with others — such as insurance adjusters (really, the insurance company and its employees in general) — can undermine your case completely. That’s because any sensitive disclosures you make could be used against you when determining your claim payout and your entitlement to damages. Don’t engage in heavy communications with these parties until you have spoken to an attorney.
  • Take photos and videos of the scene, the vehicles involved, and your injuries. Assuming that you aren’t rushed to a hospital immediately after the accident, take a moment to obtain some visual evidence of what happened. This will be useful to support your factual narrative of the accident.
  • Obtain the contact information of any nearby eyewitnesses. Eyewitness testimony can spell the difference between the court accepting your factual narrative or rejecting it entirely.
  • Consult a qualified accident attorney as soon as possible. Your attorney will handle a wide variety of tasks, some of which begin at the accident scene right after the collision — so don’t delay on this!

If I’m partially at-fault in a sideswipe accident, how will it affect my case?

As the injury victim, how your own “partial fault” will impact the case depends on the jurisdictional law that applies to your case.  That’s because different states implement different doctrines of “comparative fault” and “contributory fault.”  There are three doctrines that continue to be applied across the United States.

In pure comparative fault states, you — the plaintiff — are entitled to sue and recover damages even if you are 99 percent at-fault for your own injuries.  There’s no restriction on bringing the lawsuit in that regard.  Here’s the thing: you can bring the lawsuit, but your damages will be reduced proportionally by the fault contribution that you made.  So, for example, if you’re 70 percent at-fault and your damages are $100,000, you would be entitled to recover $30,000 through a lawsuit.

In modified comparative fault states, you are entitled to sue and recover damages if you’re partially at-fault, but only if your fault contribution is 50 percent or less.  If it’s more, then you’re prohibited from bringing a lawsuit.  The same percentage reduction in damages applies to plaintiffs in these states.

In a limited number of states, the doctrine of strict contributory fault applies.  In these states, you are not entitled to sue and recover damages if you are partially at-fault — even if you are only one percent at-fault.

This is a very restrictive doctrine, but it’s something that you can potentially overcome.  You just have to show that your “fault contribution” was not actually causally linked to your injuries.  So, for example, if you were driving while distracted, you can show that your negligence had no connection to your injuries since you were sideswiped by the defendant, which would not have been avoidable regardless of your attentiveness.

How much compensation can I receive if I’ve been injured in a sideswipe collision?

The compensation you are entitled to receive will depend on your claimable losses (i.e., your damages).  These damages account for a variety of losses that may be sustained after an accident and include:

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

Damages can vary substantially from case-to-case.

If you experience more subjective pain after an accident (due to lower pain tolerance), then you can actually assert a higher amount of pain and suffering damages, and — if the court finds that your pain and suffering arguments have merit — you could potentially obtain a larger compensation award as a result.  By contrast, someone who “suffers less” after an accident will — naturally — have a lower damages claim.

Who can I sue in a side impact collision?  Is it just the other driver?

Depending on the circumstances of your case, you can potentially sue more than just the other driver (i.e., the driver who collided with you).  Defendants may include:

  • The other driver (naturally)
  • Any other drivers whose negligence, recklessness, or intentional misconduct may have contributed to the accident
  • The employer of said drivers, assuming that the drivers were engaged in job-related duties at the time of the accident
  • Auto manufacturers, if a serious defect (design or manufacturing) — such as defective brakes — contributed to the accident
  • The City, if a dangerous public roadway condition contributed to the accident
  • Any private property owner whose property has a dangerous condition that contributed to the accident
  • An auto repair shop, if the shop didn’t properly inspect or maintain the vehicle, the failure of which then contributed to the accident
  • And more

As you can see, there are a lot of potential defendants in any given case.  Whether you can actually sue more than the other driver will depend on the particularities of the accident and subsequent dispute.

Generally speaking, you’ll want to explore the possibility of suing multiple defendants as a strategic advantage, but there are also monetary advantages that are more foundational — for example, if the driver who hit you doesn’t have adequate insurance coverage, then suing his employer can give you access to “deeper pockets” via more substantial liability coverage, thus enabling you to be compensated fully.

How can a sideswipe car accident attorney help me with my case?

Though we’re often taught that personal injury attorneys are courtroom advocates, the truth is that attorneys play a number of different roles and handle a wide variety of responsibilities over the course of a dispute — from start to finish!

These duties and responsibilities include:

  • Identifying, gathering, preserving, and evaluating evidence
  • Securing comprehensive medical treatment for the injured client
  • Communicating with opposing counsel, law enforcement, insurance companies, and other parties on the injured client’s behalf
  • Working with experts and eyewitnesses to develop supportive testimony
  • Constructing a persuasive legal argument
  • Negotiating a potential settlement with other parties
  • Effectively navigating court processes as they come up
  • Pushing ahead to trial, if necessary due to settlement issues
  • Securing whatever compensation is paid out
  • And more

Phew!  That’s a lot of tasks, and each of these involves a lot of legal nuances and procedures, so it’s critical that you work with an experienced car accident attorney at an early stage — if you try to handle these on your own, you may find that you’re undermining and weakening your case for damages.

I don’t know if I can afford to hire a personal injury lawyer.  How much do personal injury lawyers cost?

Generally speaking, most plaintiffs’-side personal injury attorneys offer their services on a contingency fee basis.  They don’t accept any fees upfront or out-of-pocket.  Instead, they represent you at no out-of-pocket cost, but if they successfully secure compensation on your behalf (i.e., if you “win”), then they take a percentage cut of that compensation amount.  This cut can range anywhere from 25 percent at the lower end to 40 percent or more at the higher end.

Contingency fee dynamics are very favorable to the injury victim.  In essence, they lower the barrier-to-entry so that anyone can access experienced legal representation.

Further, they create an incentive structure that benefits the injured client.  That’s because 1) the attorney only gets paid if you win, so they are incentivized to invest the time and energy into securing compensation for you; 2) the attorney gets paid more if you get paid more, so they are incentivized to maximize your compensation, and not just secure a paltry amount; and 3) the attorney doesn’t get paid if you don’t get paid, so there’s really no risk if you decide to pursue your claims.

If you’ve been injured in a sideswipe crash, then you could be entitled to compensation for your injuries. Sideswipe car accidents occur when two vehicles traveling in the same direction make contact with each other, typically along their sides, leading to significant damage and potential dangers. That being said, litigating a side impact collision dispute isn’t always straightforward — there are many unique challenges and opportunities that can arise over the course of the dispute. As such, it’s important that you work with experienced personal injury lawyers who can help you navigate litigation in such a way as to maximize your chance of recovery (and the amount of compensation, too).

Contact 1-800-THE-LAW2 for a free legal consultation with an experienced sideswipe car accident attorney in our network. During this free initial consultation, you’ll be able to speak candidly about your side swipe car accident case and learn more about the strategic options that are available to you. Of course, if you decide against moving forward, that’s okay, too — there’s no obligation for you to continue. So pick up the phone and call in today to get started.

We look forward to assisting you.

Can I Sue for Being Hit by a Truck?

If you’ve been in a commercial truck accident, then you may be able to sue for being hit by a truck. That being said, the dispute may not unfold as simply as you initially think — litigation is complex, and there are many unique challenges and opportunities to be aware of as you move forward. Whether you’re looking to secure benefits from the insurance company or push ahead with a lawsuit (or both), it’s important that you consider all the strategic options for your truck accident claim.

We encourage you to consult with an experienced truck accident lawyer at an early stage in your dispute. By calling 1-800-THE-LAW2, you can connect to a personal injury lawyer in our network for a free consultation today! Of course, if you’d like to learn more about trucking accident litigation, then read on — we’ll run through some truck accident case basics.

What makes truck accidents uniquely dangerous?

Truck accidents tend to cause more severe injuries (and deaths) than other types of motor vehicle accidents, such as car accidents. It’s no surprise that attorneys encourage plaintiffs to sue for being hit by a truck — the life impacts can be substantial, after all.

Why is getting hit by a semi so dangerous?  It’s actually quite simple. Large trucks tend to be more dangerous because:

  • They are less maneuverable, due to their weight, shape, and sightline restrictions
  • They take longer to come to a complete stop
  • The impact force of a collision is substantially higher than that of a smaller vehicle
  • Commercial truck drivers often have to work difficult hours and schedules, which can result in issues like fatigue, substance abuse, etc.
  • They are significantly bigger and heavier than passenger vehicles, leading to more severe injuries and fatalities for the passengers in cars during accidents.
  • And more

How do I determine whether I can sue for a truck accident claim?

Liability can be imposed if you can show:

  1. That the defendant violated their duty of care; and
  2. That in violating this duty of care, the defendant caused you to sustain damages.

Simple, right?  Not exactly.  While these basic elements cover a variety of different circumstances, they can be challenging to establish in a litigation setting.  That’s because these elements tend to have subtle nuances that can lead to additional challenges.

For example, suppose that you sustain a serious back injury in a truck accident, but you have a preexisting back injury already.  The defendant may attempt to argue that while they were speeding (i.e., they did violate their duty of care to others), they did not actually cause you to sustain damages, as your injuries were preexistent.  Unless you can establish that your preexistent injuries are distinct, or that they were exacerbated by the accident, then the elements required for liability are not met — and this can pose a problem for the case.

Given these (and other) potential complications, it’s absolutely critical that you work with experienced personal injury lawyers who understand how to build up your case and navigate around unique challenges.

How much will you get paid if an 18 wheeler hits you?

Damages in a semi truck accident dispute change from case-to-case, and the damages that you’re entitled to recover are for claimable losses, which are quite variable.  Claimable losses include:

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

How much you’ll “get paid” depends on the particularities of your case.  For example, if you are unemployed, then your lost wages claim will be minimal to zero.  On the other hand, if you are gainfully employed (and are forced to take a significant amount of time off from work after the accident), then your lost wages claim may be quite large.

How much are most truck accident settlements?

There is no set-in-stone truck accident settlement amount.  A variety of factors will determine your settlement offers, though — at a foundational level — what increases the settlement amount is when you can show that you are likely to receive your claimed damages if the case were to proceed to trial.

For example, if you can introduce a strong enough legal argument and substantial enough evidence that the opposing party agrees you have an 80 percent chance of securing your claimed $100,000 damages, then an $80,000 settlement compromise would be “fair” for the case circumstances.

Factors that can influence your settlement amounts include:

  • The hostility of the defendant and their willingness to negotiate a settlement
  • The strength of your liability claim
  • The strength of your damages claim
  • How sympathetic and likable you are as a plaintiff
  • How sympathetic and likable the defendant is
  • How authoritative and legitimate your expert witnesses appear
  • How believable your eyewitnesses seem
  • How much negative publicity the defendant will face if the case moves forward
  • How significant the financial resources the defendant is willing to spend on the case
  • And more

Who can I sue for being hit by a truck?

If you’re hit by a truck, then — depending on the circumstances of your case — you can potentially sue the following defendants:

  • The truck driver who hit you
  • Any other drivers who may have contributed to the accident
  • The trucking company that employed the truck driver
  • The City, if some hazard on the roadway contributed to the accident
  • Any private property owner whose property hazard contributed to the accident
  • The auto manufacturer, if some defect of the vehicle contributed to the accident
  • And more

In commercial trucking accidents, one advantage is that you may be able to bring an action for damages against the trucking company that employs the truck driver.  Trucking companies can be held “vicariously liable” for the negligence of their drivers, so long as the driver was working at the time of the accident.

This has a few major advantages: a) the trucking company is likely to have more significant insurance coverage, so they may be able to pay out your damages in full, and b) the brand damage of an accident lawsuit could be substantial for a trucking company, and so they may be more willing to negotiate an early settlement to avoid the publicity of a lawsuit.

How much does it cost to hire an experienced truck accident lawyer?

Though many people believe that it is too costly to hire a truck accident lawyer to handle their case (i.e., that they can’t afford to do so), this is a common misperception.  In truth, most plaintiffs’-side accident attorneys offer their services on a contingency fee basis.  What does this mean?

When an attorney offers their services on a contingency fee basis, they are offering to represent you (the injured plaintiff) at no upfront or out-of-pocket cost.  Instead, they will take a percentage cut of whatever compensation they’re able to secure on your behalf.  This percentage can range from 25 percent to 40 percent or more, depending on what you negotiate and what phase the case is in when it is resolved.

If you don’t “win” compensation, then you don’t have to pay anything.  That creates a really favorable dynamic for injury victims — there’s not only a lower barrier-to-entry (since there are no costs unless you win), but there’s also incentive for the attorney to work to secure compensation on your behalf and to try and maximize that compensation.  That’s because the more you get paid, the more they get paid.

It’s a win-win situation.

If you’ve sustained serious injuries in a truck accident, then you could be entitled to sue for being hit by a truck. After all, you may be able to secure compensation under the law — but in order to effectively pursue a claim and maximize your potential damages, you’ll want to work with experienced truck accident lawyers who understand how best to navigate the litigation process.  We can help you access the necessary legal services.

Contact 1-800-THE-LAW2 for a free legal consultation with an experienced personal injury lawyer in our network who can help you explore the possibility of fair compensation for your personal injury claim.  During this initial consultation, you’ll be able to discuss your truck accident claims in detail and learn more about what options you have to recover compensation.  If you decide not to move forward with a truck accident lawsuit, that’s okay — there’s no obligation to continue.  As such, there’s no downside to calling in to get started today.

We look forward to assisting you!

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.

Whiplash Injury Facts: Settlements & Long-Term Effects

If you’ve suffered a serious whiplash injury in a motor vehicle accident, then you could be entitled to sue and recover damages as compensation. You may be wondering whether it’s even worth pursuing compensation for a whiplash injury — this confusion is often borne out of a misunderstanding of certain whiplash injury facts. Though whiplash injuries are often perceived as “minor,” they have the potential to be quite serious. Whiplash injury facts indicate that these sorts of injuries have life-altering impacts in some cases.

To learn more, read on. We’ll take a look at some of the basics.

What are the statistics for whiplash injuries?

Whiplash injuries are incredibly common, and whiplash injury facts data support that. Every year, more than three million Americans suffer whiplash injuries, typically in rear-end crash incidents. Many whiplash injuries occur at relatively low speeds, such as five to 10 mph. These incidents are not always minor in effect — according to the data, roughly 300,000 Americans become disabled due to their whiplash injuries. Common symptoms of whiplash include neck pain, headaches, dizziness, and even psychological effects like anxiety and depression. Perhaps most surprising of all is the fact that many of the collisions that result in whiplash injury are low-speed (i.e., less than 12 miles per hour).

So don’t make assumptions about your case — real whiplash injury facts make it clear that your injuries may be severe enough to move forward with litigation. Consult an attorney about the possibility of a lawsuit, because whiplash injuries are quite serious and deserve proper legal consideration and evaluation by a professional.

How does whiplash and chronic pain affect your life?

Whiplash can affect your life in a number of ways.  Perhaps most importantly, however, it’s worth understanding that a whiplash injury is not always a temporary, short-term issue.  In many cases, whiplash injuries can last a lifetime and may even worsen over time.  Thus, the symptoms you experience in the aftermath of an accident could develop and exacerbate into something far more pervasive and life-changing. Chronic pain is a potential long-term effect of whiplash, often lingering for months to years without a clear medical explanation.

First, what is a whiplash injury?

In simple terms, whiplash involves injury/trauma to your neck due to forcible bending (forward/backward/left/right).  It can affect much of the musculature, tendons, nerves, and disks in the upper spinal column.  Thus, despite the fact that it can seem like a “minor” injury at first glance, the impact may be outsized.

Whiplash symptoms may include:

  • Neck pain, shoulder, and back pain
  • Neck, shoulder, and back stiffness
  • Dizziness
  • Pain and numbness in extremities
  • Irritability
  • Sleeplessness
  • Fatigue
  • Spinal mobility issues (i.e., head-turning issues)
  • And more

Treatment for these symptoms can vary based on the severity of the symptoms (as well as your own body’s reaction to certain treatments) — treatments range from the use of ice and gentle massage to the use of muscle relaxant drugs and long-term physical therapy.

How long should I be off work for whiplash?

You should take however much time you need to recover fully from the injuries. Early range of motion exercises are crucial in the recovery process, as they can lead to a more reliable and rapid improvement in symptoms. Whatever time you take off from work (due to your whiplash injuries) can be claimed as wage loss, so there’s really no issue if you have to take a significant amount of time off work to properly recover from your whiplash injuries.

Damages in a Whiplash Injury Lawsuit

Damages reflect the losses that you sustained as a result of whiplash injuries (caused by the defendant). Serious whiplash injuries can lead to chronic whiplash issues and potential complications such as nerve damage, fractures, and ongoing pain. Claimable losses vary substantially from case-to-case, but include:

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

Damages in each case will be different due to the particularities of the injuries and their impact on the lifestyle and costs of the victim.

For example, in one case, a whiplash injury victim may not have any lost wages whatsoever due to the fact that they are unemployed. By contrast, in another case, a whiplash injury victim may be a hardworking and well-paid welder for a construction company, and his wage loss may be substantial due to the fact that he has to take several months off from work to recover.

Given the nature of damages and their variance, it’s critical that you work with experienced whiplash injury attorneys who understand how to “build up” a case and secure the maximum possible compensation.

Why are settlements for whiplash injuries from motor vehicle accidents so common?

Settlements are indeed common — not just in whiplash injury disputes, but in all manner of personal injury disputes. In fact, industry observers estimate that as much as 95 percent of cases are resolved through a negotiated settlement. That’s a supermajority of cases! But why is settlement so common?

To get whiplash diagnosed, a doctor will examine the patient, feel the neck, assess neck movement, and possibly order a neck x-ray to rule out bone damage, as whiplash is caused by injury to soft tissue and may not be visible on an x-ray.

Simply put, litigation tends to be:

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

Consider the uncertainty of litigation. Regardless of how confident a given party is about their legal arguments, there’s always a chance that they do not “win” their case should it proceed to trial — or that the court awards damages that are not in tune with expectations. This uncertainty pervades litigation and is inherent to all disputes.

To avoid the uncertainty of litigation, parties often prefer to simply negotiate the amount that feels “fair” to them at the outset. This also keeps costs down, as they can quickly spiral out of control for the defendant.

Now, consider the publicity of litigation. Suppose that you suffer severe whiplash injuries after a motor vehicle collision on a local road in which you’re rear-ended by one of the defendant’s commercial truck drivers. The defendant operates a large delivery business in the region, and their reputation could be damaged considerably if the lawsuit were to proceed and the media were to begin reporting on it. To avoid any negative publicity that could impact their business, the defendant may be willing to settle early and make you a favorable settlement offer.

Given these and other aspects, it’s quite obvious why settlement tends to be so common.

How do I know what constitutes a fair settlement for my whiplash injury?

What constitutes a “fair” settlement is ultimately based on the circumstances of your whiplash injury dispute. That being said, when evaluating a settlement offer, you should consider the likelihood that you will succeed should the case proceed to trial — whatever you’re likely to receive as compensation (should the case proceed to trial) is roughly the amount that would qualify as “fair.” That, of course, must also account for the risk of loss.

In the past, the use of a cervical collar was common as an initial treatment for whiplash to reduce the range of motion of the neck and prevent additional injuries.

For example, if you have a 70 percent chance of securing $100,000 should the case proceed to trial, then $70,000 would be a fair settlement.

That being said, many factors can influence the settlement offers that you’re likely to receive (and that you should be willing to accept). These factors can influence settlements because they make it more or less likely that you’ll “win” at trial, or they can influence settlements because they indicate hostility or unwillingness on the part of the defendant to move forward in an amicable way.

Factors that can affect a settlement offer include:

  • The hostility of the defendant and their willingness to settle
  • Whether the defendant’s reputation or brand will be negatively impacted by a public lawsuit
  • 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 a whiplash injury plaintiff
  • How impressive and legitimate your expert witnesses are
  • And more

I’d like to work with an attorney, but I’m worried about the cost.  How much will I need to hire an attorney?

Many people mistakenly believe that hiring an attorney (to help them bring a lawsuit) will be too expensive to afford — and that they’re simply not wealthy enough to explore the possibility of litigation.  In truth, however, most plaintiffs’-side personal injury lawyers work on a contingency fee basis.

What are contingency fees?

When attorneys work on contingency, they represent you over the course of the litigation — from start to finish — without you having to pay anything upfront or out-of-pocket.  Instead, they’ll take a percentage cut of whatever compensation they’re able to secure on your behalf, whether through a negotiated settlement or a trial award or some other means.  This percentage cut can vary but tends to fall within a limited range (25 percent to 45 percent of the compensation total).

Because contingency fees operate as a percentage cut, you don’t pay unless you “win” (i.e., you get paid compensation).  If you don’t win, you don’t have to pay anything to the attorney who represented you.

Contingency fee arrangements are beneficial in a number of different ways.  First, they lower the barrier-to-entry for obtaining professional legal representation — as you can work with an attorney without any funds at all.  Secondly, they align the incentives between the attorney and the client.  Under a contingency fee arrangement, your attorney is incentivized to effectively and efficiently secure the maximum possible compensation.  After all, they don’t get paid unless they can obtain compensation on your behalf — and the more they secure, the more they get paid.

It’s a win-win.

If you’ve suffered a whiplash injury in a car accident or truck accident that was not your fault, then you could be entitled to sue for damages.  That being said, navigating the legal process isn’t always straightforward — unique challenges and opportunities may require that you respond appropriately.  That’s where an experienced whiplash injury attorney comes in.

Contact 1-800-THE-LAW2 for a free legal consultation with a skilled car accident lawyer in our network.  During this initial consultation, you’ll have the opportunity 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 attorney), that’s okay too — there’s no obligation to continue.  So there’s really no downside to picking up the phone and calling in today for your free consultation!

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.

Hit by a DUI Driver? How to Sue for Money Damages

Were you hit by a DUI driver? If so, chances are that you’re feeling overwhelmed and possibly confused. Don’t worry. If you’ve been hit by a drunk driver, settlement is possible.

If you’ve been injured, you may have a right to sue for damages to compensate you for your losses. These losses can be significant and varied, so it’s important to actually speak to an attorney about your case so that you can secure DUI accident settlement compensation. Call us at 1-800-THE-LAW2 or use our contact form to connect to an experienced attorney in our network for a free consultation.

All that being said, we understand you might be feeling anxious and alone. The first thing to understand is that you’re NOT alone in dealing with a drunk driving incident.

According to data reported by the National Highway Traffic Safety Administration (NHTSA), drinking and driving kills 28 people every single day. That’s more than a death per hour. Simply put, drunk driving accidents are a serious problem across the United States.

Let’s take a closer look at DUI accident lawsuits.

What to do after a drunk driving accident

Being involved in an accident with a driver under the influence can be a traumatic and confusing experience. If you’ve been hit by a drunk driver, you may be entitled to a settlement to compensate for your losses. Understanding how to navigate the aftermath of such an incident is crucial in ensuring you receive the justice and compensation you deserve.

  1. Suing a Drunk Driver: Yes, you can sue a drunk driver for hitting you. Driving under the influence is a serious offense, and if their irresponsible behavior resulted in your injury, you have the right to seek legal action.
  2. Filing a Claim: The process typically begins by filing a claim, which involves documenting the incident, your injuries, and any property damage. This is an essential step in pursuing compensation for economic damages such as medical bills, lost wages, and other financial losses.
  3. Seeking Legal Guidance: Knowing how to sue a drunk driver involves understanding various legal options and strategies. A skilled attorney can guide you through the process, from filing the claim to negotiating a settlement or, if necessary, taking your case to court.
  4. Maximizing Your Settlement: The goal is to ensure you receive fair compensation for both economic and non-economic damages. This can include medical expenses, lost income, as well as pain and suffering caused by the accident.

Hire a lawyer

Lawyers are incredibly important at every step of the accident-lawsuit process. Though television and movies have convinced the public that lawyers primarily litigate cases in court, the truth is that lawyers play a role throughout. They assist clients with evidence gathering, ensure that there are no problematic disclosures that could undermine the case, negotiate settlements, and implement legal strategies. Working with a lawyer early is also critical, as they will take steps to move your case forward in a timely manner, which avoids issues with legal deadlines.

Seek medical attention

The first priority after an accident is to obtain medical attention as soon as possible, given the circumstances. If you are seriously injured, you should not spend too much time loitering at the accident scene, for example. Instead, you should go to the nearest hospital or get an ambulance.

Delaying this can undermine your claims, as the defendant may try to argue that your delays worsened the injuries. They may also try to argue that your delays prove that the injuries were not that serious to begin with.

Collect evidence

If you aren’t “obviously” injured, then you can take a moment at the accident scene to collect evidence: taking photos of the crash and your injuries, getting the contact information of eyewitnesses, writing down notes, and more. This can be valuable for supporting your factual narrative in the upcoming dispute.

React appropriately as the case develops

As the case proceeds, you and your attorney will have to react and respond to the developments in the case. If the judge restrict the type of evidence that you can introduce, for example, then you’ll have to reconsider your overall legal strategy and how you’re framing the case arguments. Being able to react and respond quickly, efficiently, and effectively is important to the success of your claims.

Average Settlement for a drunk driving accident

There is no average settlement for drunk driving accidents in California that you should expect to receive for a drunk driving accident. Every case is different, and the circumstances surrounding the case will vary enough that an analysis will require quite unique considerations. However, a number of factors can be used to calculate the settlement amount that you’ll want to focus on. This number can of course be negotiated further with the opposing counsel.  

Bear in mind that settlement amounts are calculated on the basis of the uncertainty of potential trial litigation. If you are more likely to win at trial, and you have strong evidence of the damages you’re claiming, then the settlement amount will be proportionally higher. That’s how settlement calculations generally work.

Factors relevant to DUI accident compensation in a settlement

  • Fault
  • State and federal laws
  • Drunk driving damages and injuries
  • Circumstantial factors favoring one party’s perception

Fault

The more thoroughly you’re able to prove the defendant’s fault, the higher the settlement can be. For example, in some cases, the defendant simply cannot reject your arguments and has to admit fault. This can increase your settlement amount substantially. Bear in mind, however, that they can continue to push down the settlement amount by arguing that the damages are low.

In a personal injury lawsuit stemming from a drunk driving accident claim, establishing fault is a cornerstone. The clearer and more convincing the evidence of the other party’s fault, the stronger your claim becomes. In the context of drunk driving, fault often seems straightforward, as driving under the influence is a clear breach of legal and safety standards. However, the legal process requires concrete evidence to prove this fault beyond just the fact of intoxication.

Your lawyer will work to gather all necessary proof, such as police reports, breathalyzer results, and witness testimonies, to firmly establish the other party’s fault in the accident. The objective is to leave no room for doubt that the drunk driver’s actions directly caused the accident and your subsequent injuries.

Successfully proving fault in a drunk driving accident claim not only strengthens your case for receiving compensation but can also influence the amount of damages awarded in your personal injury lawsuit. Remember, the burden of proof lies with you, the plaintiff, so meticulous and comprehensive evidence collection is vital.

State and federal laws

Laws can influence your settlement amount, as they describe the contours of your legal claim. If the laws support your claims, then the defendant will have a difficult time countering your assertion of liability and damages. Generally speaking, the more definitive the legal framework that supports your claims, the higher the settlement you’ll be able to negotiate.

Understanding the interplay of state and federal laws is crucial, especially in terms of insurance coverage in a drunk driving accident case. A proficient drunk driving accident lawyer will be well-versed in these laws and how they impact your claim.

For instance, certain state laws might dictate the minimum insurance coverage requirements and how these influence the compensation you can receive. Additionally, there might be specific state laws that allow for punitive damages in cases of gross negligence, such as drunk driving.

Drunk driving damages and injuries

The more severe your injuries, the larger your damages amount will be and the higher your settlement that you can negotiate. Do bear in mind that a damages claim must be accompanied by strong evidence. If you do not have the evidence to support your damages claim, then the defendant will be able to counter with their own assertion, which is likely to be much lower.

In cases involving impaired drivers, the extent of damages and injuries often dictates the progression and outcome of your personal injury case. Legal representation plays a crucial role in accurately assessing and presenting these damages.

A lawyer specializing in such cases will thoroughly evaluate the impact of the injuries sustained — ranging from physical injuries to psychological trauma. This comprehensive assessment includes immediate medical expenses, long-term care costs, lost wages, and even the potential for future earnings loss, which can be significant in cases of severe injuries.

Your legal team will compile medical records, expert testimonies, and other evidence to build a strong case highlighting the extent of harm caused by the impaired driver. This is vital, as the severity of the injuries and the associated costs directly influence the compensation you may receive.

A skilled attorney understands how to present these damages effectively in your personal injury case, ensuring that the court or the insurance company comprehends the full impact of the accident on your life. It’s through this detailed and strategic presentation of facts that legal representation can substantially affect the outcome of your claim against an impaired driver.

Circumstantial factors favoring one party’s perception

Many circumstantial factors can influence how the jury would perceive one or both parties. For example, in a drunk driving accident, the drunk driver may try to paint themselves as likeable and “not that bad” by explaining that they were just buzzed at the time of the accident, not drunk.

You can and should counter these attempts to tip the scales of perception. In this instance, you’d want to make it clear that buzzed driving is drunk driving, and that violating the legal limit for alcohol is sufficient for a DUI accident claim.

How a car accident lawyer can help

Drunk driving accidents can be overwhelming. If you’ve been injured by a drunk driver, then you may be entitled to sue for damages. These cases can involve a lot of unforeseen complications, however, so you’ll want to speak to an experienced car accident lawyer for guidance. A car accident lawyer can handle all aspects of the case, from helping you gather evidence, to developing a legal strategy, to negotiating a settlement, and litigating the case at trial.  

Ready to speak to an attorney? Call us at 1-800-THE-LAW2 to connect to an attorney in our network. Consultation is free and confidential, so don’t delay!

FAQs — Drunk Driving Accidents

What is Title Jumping? Exploring the Consequences of Accidents with a Jumped Title

Getting in a car accident is not a particularly good situation to be in, but things can get worse still. For example, if the vehicle has a jumped title, the accident dynamic can become even more stressful and complex complex. To help you determine your best next steps, let’s explore what title jumping is, its risks and consequences, and, of course, your legal options.

What Is Title Jumping?

A car title is a legal document designating vehicle ownership. It includes:

  • The Vehicle Identification Number (VIN)
  • The make and model year
  • Date of issue
  • Body style
  • Fuel type
  • Owner name and address
  • Lien information
  • Other pertinent details

If a person buys a vehicle without putting it in their name and then sells it, it is known as title jumping. This illegal act is also referred to as title skipping or floating. When there is a jumped title issue, the new buyer cannot register the car in their name with the DMV. The individual becomes subject to related problems, such as unpaid fees and missing signatures.

Car buyers title-jump for several reasons, the most common of which include:

  • Selling multiple vehicles per year but not wishing to register with the state as a licensed dealer due to the expenses involved.
  • Refusing to pay taxes and fees, such as registration fees, sales taxes, and titling fees, before reselling a vehicle.
  • Not wanting to inform the new buyer about serious issues with the vehicle, such as flood damage, a failing transmission, or continual engine problems.
  • Selling salvaged vehicles with no titles, maintenance histories, and other essential documents.

“Shady” or unscrupulous car dealership employees can also engage in this practice. However, victims of title jumping typically purchase vehicles via third-party sellers, such as private sellers, or through online means. Facebook Marketplace and Craigslist are two forums for local vehicle sales that can result in title floating issues.

Is Title Floating a Felony?

Floating a title is considered a felony in most states, including Iowa where it is unlawful for a manufacturer, dealer, importer, or any other vehicle seller to “sell or dispose of” a vehicle without the proper title and other registration information.

Some states, such as California, use forms called Release of Liability. Sellers complete this form as part of the selling process, which includes furnishing information about their buyers. If this form is not submitted to the appropriate DMV branch, the state will suspect title fraud. This is because the California Department of Motor Vehicles does not consider a car or truck transferred out of the seller’s name unless this form is submitted.

Was the title of your car jumped? Call 1-800-THE-LAW2 today to find an attorney who can help your situation.

Can I Sue Someone for Title Jumping?

It is possible to take legal action against someone who sold you a vehicle without the proper title, but it can be difficult. The seller might have provided a fake name, deleted their listing on Craigslist or Facebook Marketplace, or left the state, making it challenging to locate the individual and serve them. If you purchased the vehicle from a car dealership, you can file a legal claim against the company.

How to Report Someone for Title Jumping

If you suspect that you’ve been a victim of title jumping, it’s important to act quickly to protect yourself. Here are the steps to take to report someone for title jumping.

  1. Gather information. Make sure you gather all the necessary information, including details about the vehicle, the suspected title jumper, and any relevant supporting documents like the bill of sale or any communication with the seller. Obtain a copy of the title and take note of any discrepancies you notice.
  2. Contact your local police department. File a police report and explain the situation.
  3. Contact your local DMV. Find the contact information for your local DMV office and give them a call. Explain the situation with as much detail as possible and ask about the process for reporting title jumping in your area. They can investigate the matter and help you recover the title.
  4. Remain anonymous if necessary. If you’re worried about possible consequences, you can check with the DMV to find out their policy on anonymous reporting. In certain areas, you can report suspicious activities without disclosing your identity.
  5. Seek legal advice. A lawyer can help you understand your rights and options, especially if you have suffered financial losses.

Investigations can take a while, so it’s important to be patient.

Reporting someone for title jumping is a responsible move that helps keep the vehicle title system in check. By following these steps, you’re doing your part in ensuring a fair and legal process for buying and selling vehicles, avoiding possible fraud, and making sure the ownership transfer goes smoothly.

How to Fix Title Jumping and What to Do

Should you decide to take legal action, contact an attorney with experience in title fraud. The lawyer will assist you throughout the legal process and answer any questions you have. Typical actions include filing a police report detailing the time, location, and date of the purchase. Any conversations with the seller should be included.

You will also want to capture images of your vehicle, make copies of paperwork connected to the sale, and call your local DMV. As mentioned above, the department may be able to provide assistance regarding a new title. Such titles are known as bonded titles.

Bonded Titles

What Is a Bonded Title?

Bonded titles are furnished by surety companies. They remain bonded for a set period and come with a risk.

Risk of Bonded Title

During this time, the previous seller can claim the bond and therefore reveal themselves as the title owner. Whether the seller of the vehicle does or does not claim the bond, you must wait for the specified time before applying for a clean title. Clean titles indicate that the applicable insurance companies do not consider the vehicle’s “total losses.”

Some states do not accept bonded titles, including Pennsylvania, Kentucky, Delaware, New Jersey, Maryland, North Dakota, South Carolina, and Oregon.

Title Jumping Penalties

The penalty for title jumping depends on the state, but it typically includes imprisonment and fines.

  • Title jumping in Texas: If a vehicle seller engages in title skipping in Texas, but does not transfer a vehicle title to a new owner within 30 days of the sale, this individual pays a fine of up to $4,000. There are no fee waivers, with the seller also facing up to two years imprisonment for title jumping penalties in Texas.
  • Title jumping in California: In California, the seller must pay a $1,000 fine and spend one year in jail.
  • Title jumping in Missouri: Other states, such as Missouri, do not issue title penalties until 60 days after the date of sale.
  • Title jumping in Michigan: In Michigan, floating a title can result in 93 days of imprisonment, a fine of up to $100, or both.

Is it Possible to Sell a Car Without a Title in My Name?

You may wonder – Can I sell a car without a title in my name? While selling a car with no title is regarded as a felony in most states, there are loopholes. For example, if a vehicle was abandoned on your property or you purchased the property featuring such a vehicle, it is technically yours.

To avoid title fraud issues, you must provide the local DMV with the VIN number to contact the previous owner. If the owner cannot be located or does not take responsibility for their vehicle, you are legally allowed to procure a title.

What to Do If You Are a Victim of Title Jumping

If you have been a victim of title jumping, contact an attorney as soon as possible to discuss your situation. Speak to a lawyer near you by calling 1-800-THE-LAW2. Consultation is free and confidential, so get started today!

What To Do After a Bike Accident

Bicycle accidents can be stressful situations, and the injuries may be severe making it difficult for you to remain calm and think clearly. Knowing what to do before a bicycle accident happens is the key to handling the accident correctly and ensuring fair compensation for your injuries and damaged property.

Many cities across the U.S. are starting to create bike lanes and cycling-friendly areas. While riding a bike is great exercise, it comes with risks – just like any other mode of transportation. If you are involved in a bike accident, your immediate actions may impact your recovery and future lawsuits. Here are some tips on what to do after a bike accident:

  1. Before assuming you are fine, take a few moments to slow down, catch your breath, and make sure you can feel all parts of your body. Many cyclists assume they are okay, and stand up, only to bend over again in pain. Take your time getting up, stretching, and assessing any damage before getting back on the seat and pedaling away. Some quick tests include walking back and forth a few times, moving your arms in all directions, and looking up, down, left, and right to evaluate whether you have any pain. If you do, call for help.
  2. If you feel nauseous, dizzy, or see any blood, don’t move around too much. Wait for medical assistance. A quick way to check on whether you hurt your head is to look at your helmet. If it is cracked or bent, consider a checkup with a medical professional as soon as possible since some injuries take a day or more to show up. Confusion or disorientation are signs of a concussion so if you don’t know where you are right away, there’s a chance you have one.
  3. Once you have checked yourself out and concluded you don’t have any serious injuries, check the condition of your bike. Wheels tend to take most of the beating in bike accidents, but make sure your tires are holding air, that the wheels are true, and that there aren’t any broken spokes sticking out. Test out the brakes in case they have jammed up.
  4. Next, look at the position of the brake levers and shifters. It’s usually easy to push them back into place, but riding away without checking may cause you more problems! Assess any damage or misplacement of the chain, and ensure the saddle is firmly attached to the seat post. Finally, inspect the frame for scratches and cracks that may have occurred due to your fall because even minor cracks can cause more damage as you pedal away.
  5. To minimize the injuries sustained with bike accidents, prepare a basic bike kit – especially if you are riding in remote areas, or for an extended period. It should include a multitool, chain link, spare tube, and mini-pump. A few basic first aid supplies are also recommended – bandages and wrappings, for example.

At the Scene of a Bicycle Accident

The best time to gather evidence is at the scene of the accident. Insurance companies need convincing evidence to get an idea of what happened. When gathering evidence, it is best to get as much information as possible and follow these helpful tips:

  • Remain calm
  • Check for injuries: keep in mind some injuries may not be apparent right away
  • Call the police
  • Gather information: insurance information, names of anyone involved in the accident, addresses, phone numbers, car details, license plate numbers, witness information, accident details
  • Take photos: bicycle damage, car damage, accident layout

If your bike crashes into a car, or gets hit by a car, you should go through the steps of a vehicle-to-vehicle accident:

  1. Call the police so they can take an official report. Do not attempt to negotiate with the car driver or entertain the idea of accepting money they may offer to fix your bike. You may not know for several days whether you have actually sustained injuries that cause sprains, whiplash, or joint pain.
  2. Give the police an accurate account of what happened, get the contact information for any witnesses, and swap contact information with the driver. If your accident is serious enough, consider consulting with an attorney to understand what your options are for recovering damages for your property, as well as any medical expenses.

What to Do After a Bicycle Accident

The accident does not end at the scene, what you do after the bicycle accident is just as important as what you do at the scene.

  • Seek medical attention
  • Document the accident in detail
  • Pick up your copy of the police report
  • Get your bicycle inspected and repaired
  • Note all expenses
  • Notify your insurance company of the accident
  • Speak with a lawyer

What to Do if Hit by a Car on Bike?

Being involved in an accident while on your bicycle can be a jarring experience. With cars weighing significantly more than bikes and moving at faster speeds, bike riders are at an increased risk for personal injuries when bicycle crashes with cars occur. Here’s a straightforward guide on what to do if you’re a bike rider hit by a car.

Stay Calm and Prioritize Safety:

  • First and foremost, try to remain calm. It’s natural to feel a surge of emotions, but panicking can cloud your judgment.
  • If possible, move out of the roadway to avoid any further danger.

Check for Personal Injuries:

  • Before doing anything else, assess yourself for any injuries. Not all injuries show immediate symptoms, especially in the adrenaline-filled moments right after an accident.

Contact the Police:

  • Always report the accident. They can help document the scene, which might be crucial if you decide to pursue any legal action later.

Gather Evidence and Information:

  • This includes the driver’s contact and insurance information, details of the car (like make, model, and license plate number), and the contact information of any witnesses.
  • If possible, take photos of your bike, the car, your injuries, and the accident scene.

Seek Medical Attention:

  • Always see a doctor after a bicycle crash, even if you feel okay. Some personal injuries might not become apparent until later, and having medical records detailing your injuries can be essential.

Notify Your Insurance Company:

  • Even though you were on a bike, some insurance policies might cover accident injury from car accidents.

Consult a Bike Accident Attorney:

  • Navigating the legal landscape after being hit by a car can be complex. A bicycle accident law firm specializes in these types of cases and can provide guidance on the best steps to take next.

Remember, while biking offers many benefits, safety should always be a priority. If you ever find yourself involved in a bike accident with a car, know that there are resources and experts, like a bike accident attorney, ready to help you through every step of the process. Riding a bike should be an enjoyable experience, so always be cautious, stay safe, and know your rights.

Common Causes of Bicycle Accidents

Bicycle accidents are on the rise, making it important to be aware of actions that are common factors of bicycle accidents. According to the California Highway Patrol, these are the most common causes of bicycle accidents:

  • Bicycle rider using the wrong side of the road
  • Driver making unsafe left or right turn
  • Bicyclist riding from driveway or sidewalk into path of car
  • Driver opening door as bicycle passes
  • Bicycle rider weaving, leaving edge of road or bike lane
  • Bicyclist making unsafe left turn
  • Bicycle without headlight or reflectors

Securing Justice After a Bicycle Accident: Why a Specialized Lawyer is Essential

If you’ve been injured in a bicycle car accident while riding, the aftermath can be both physically and emotionally overwhelming. In such traumatic times, it’s crucial to have someone by your side who understands the intricacies of such incidents. That’s where bicycle accident lawyers come into play. They have the expertise to ensure you receive the compensation you rightfully deserve. The potential compensation covers a range of needs, including expense reimbursement for medical treatments, repairs for any property damage, and benefits that assist in your rehabilitation process.

Often, bicycle accidents can occur due to reasons beyond the cyclist’s control – maybe a driver was on their cell phone, or perhaps they ran a red light. Regardless of the cause, the consequences for the cyclist can be severe. A specialized lawyer can assist in these complicated situations, navigating the legal maze on your behalf.

Worried about costs? With our network of lawyers, you won’t have to! If you’re unsure about the next steps or with queries about their specific situation, we offer a free consultation.

Don’t be left feeling alone and unsure of where to turn after such a distressing event. Remember, in the immediate aftermath, it’s essential to call 911 and ensure everyone’s safety. And once you’re ready, give us a call.

Our representatives are at your service 24 hours a day, 7 days a week, ready to assist and guide. Let our network of bicycle accident lawyers help put your life back on its rightful track.

SOURCES:

  1. California Highway Patrol. Bicycle Riding. Retrieved December 23, 2014.
  2. Washington Area Bicyclist Association. What to do after a crash. Retrieved December 23, 2014.
  3. Washington Area Bicyclist Association. What to do in the event of a crash. Retrieved December 23, 2014.

Our offices are open 24 hours a day, 7 days a week, so we can assist you no matter when your accident occurs.

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What Are Potential Hit and Run Consequences? | Attorneys for Car Accidents

This article can help to answer these questions about hit and run consequences: What is a hit and run? | What are the charges for a hit and run? | Is a hit-and-run a felony or misdemeanor? | How many points for leaving the scene of an accident? | What evidence is needed to convict a hit and run?

Hit and run car accidents are a concerning and serious issue that can lead to both minor and major legal consequences. From minor hit and run charges to potential felony offenses, understanding the evidence needed to prove hit and run, along with the associated penalties, is crucial for both the driver of a vehicle and the victims involved.

In California, hit and run consequences can range from misdemeanor hit and run charges, leading to fines and county jail time, to more severe punishments depending on the circumstances of the auto accident. 

How serious is a hit and run? The penalties can affect everything from car insurance rates to legal standing, making it essential to call the police and law enforcement at the scene and cooperate fully with the insurance company. 

In this article, we will explore the various facets of what is the penalty for hit and run, looking into the legal ramifications and the importance of understanding your auto insurance policy and legal responsibilities.

If you are a victim of a hit-and-run accident, consult with a qualified hit and run lawyer for guidance. Contact 1-800-THE-LAW2 today to schedule your free consultation.

What Is a Hit and Run?

A hit and run is generally defined as being involved in a car accident, either with another vehicle, a motorbike, or even pedestrians. Then, leaving the scene of the accident without stopping to identify oneself, or to provide aid to anyone who might need assistance.

Common hit and run circumstances include:

  • Drivers causing serious injury to a pedestrian and fleeing the scene because he or she was driving with a suspended license from a previous DUI charge and did not want to be charged for another offense
  • Drivers hitting a parked car and leaving the scene to avoid paying for property damage
  • Drivers hitting police cars that have been set up as part of a roadblock to avoid getting in trouble

Fleeing the scene of an accident has serious consequences. All drivers should think twice before leaving the scene of any accident they have been involved in.

Hit and Run Charges

What Is the Penalty for Leaving the Scene of an Accident?

In most states, including California, the act of leaving the scene of an accident—whether the driver of a vehicle caused the hit and run car accident or not—can lead to serious legal consequences. The fact that a party left the scene is usually enough to face hit and run consequences, ranging from misdemeanor hit and run charges to felony offenses, depending on the severity of the damage and injuries involved.

An exception to this might occur if someone left the scene to get help, provided that he or she returns immediately. This underscores the importance of understanding how serious a hit and run can be, and why it is essential to call the police or other law enforcement immediately after an auto accident. Failing to do so can lead to difficulties with both the legal system and insurance companies. The evidence needed to prove a hit and run might involve witness testimony, surveillance footage, or physical evidence at the scene.

In California, the hit and run consequences can be particularly stringent, affecting everything from car insurance premiums to one’s criminal record. Penalties might include fines, county jail time, increases in auto insurance rates, or the suspension of a driver’s license. Cooperation with law enforcement and your insurance company, along with a clear understanding of your rights and responsibilities, can be crucial in navigating the complex landscape of hit and run charges.

Major vs. Minor Penalties

Is a Hit and Run a Felony or Misdemeanor?

Hit and run consequences vary from state to state. Many states classify the charge as either a felony or misdemeanor depending on specific circumstances. Felony charges tend to be imposed in instances where a person has suffered any kind of injury, whether the injured person was a pedestrian or occupant in another vehicle. 

Guilty persons may be fined anywhere from $5,000 to $20,000. In addition, they may face the possibility of jail time of up to 15 years. A misdemeanor offense, while less severe than a felony, is punishable by a fine of up to $5,000 and also up to one year in jail.

License Points

How Many Points for Leaving the Scene of an Accident?

In addition to criminal consequences of a hit and run, almost every state imposes administrative penalties related to the person’s license. Any conviction will usually result in automatic suspension, or even revocation of the driver’s license for about six months. Some states impose the suspension for as long as three years. Other states impose the suspension for a lifetime, depending on the circumstances of the accident.

At-fault drivers may also be subject to civil cases. An injured party can file an injury claim for damages to their property. They may also be able to file for compensation for medical treatment and lost wages.

What Evidence is Needed to Convict a Hit and Run?

In a criminal trial, a prosecutor must usually prove the following facts to find someone guilty of a hit and run:

  • While driving, the defendant was involved in the vehicle accident
  • The accident caused serious injury, permanent injury, or death to someone else
  • The defendant knew he or she was involved in the accident that caused injury to someone else, or knew that injury was probable given the circumstances of the accident, AND he or she willfully failed to perform one or more of the following duties:
    • To stop immediately at the scene
    • To provide reasonable assistance to any injured persons
    • To give involved parties or authorities their contact and vehicle information; if not their vehicle, to provide the details for the owner of the vehicle; to provide the name and details of injured individuals in his or her vehicle; to show a driver’s license upon request at the scene; to notify authorities without unnecessary delay to fatalities as a result of the accident.

The Bottom Line

The hit and run consequences in states across the United States, and especially in California, are severe and multifaceted. Whether it’s a minor hit and run charge or a felony offense, the legal system treats these incidents seriously. Drivers involved in an auto accident must understand the importance of remaining at the scene, calling the police or other law enforcement, and cooperating fully with their insurance company.

Leaving the scene of an accident, regardless of who is at fault, can lead to substantial penalties, including fines, county jail time, increases in car and auto insurance rates, or the suspension or revocation of a driver’s license.

The evidence needed to prove a hit and run includes not only physical evidence but also witness testimony and surveillance footage, reflecting the complexity and gravity of these charges. Civil liabilities may also arise, including injury claims for property damage, medical treatment, and lost wages.

If you’re involved in a hit and run car accident, whether as a victim or a driver, understanding these consequences and your legal responsibilities is vital. Legal advice from qualified attorneys specializing in hit and run cases can be an invaluable resource in navigating this complex legal landscape. 

Call 1-800-THE-LAW2 to Find a Hit and Run Lawyer Near You

After a hit and run accident, you may still be eligible for accident compensation. Let our personal injury attorneys make the litigation process easier for you. Contact us today to schedule your free consultation.

Ready to Call a Car Accident Lawyer? Here Are 4 Things to Look For | Car Accident Attorneys

Car accidents are among the most common types of personal injury claims, that’s fairly unsurprising to most people. After all, even minor car accidents can leave victims with serious injuries and expenses. 

Thankfully, the law entitles car accident victims to pursue compensation. That being said, you don’t want to move forward alone. It is important to work with an experienced attorney, they can help you navigate the complex, and often confusing, legal process.

When Should I Call a Lawyer After a Car Accident?

One of the most important things you can do after being involved in a car accident is to call an experienced car accident attorney as soon as possible. The sooner you secure legal representation, the more likely it is that your right to compensation will be protected.  Aside from receiving any necessary medical care, your next priority should be to meet with an attorney to discuss your case. But how do you find a good lawyer?

What to Look for in a Car Accident Lawyer

Finding the right car accident lawyer for your claim can sound stressful. However, this crucial task can generally be approached like hiring any other professional. Here are four things to look for when hiring a car accident attorney

What Are the Qualities of the Best Car Accident Lawyer?

Experience in the Type of Law You Need Help With

Is the attorney experienced? What type of law are they experienced in? You need a personal injury lawyer if you have been in a car accident. Finding an attorney near you who was great at getting your friend through a divorce or helping your parents plan their estate isn’t likely going to help your car accident claim much. While they may be effective, professional attorneys, they aren’t experienced in the type of law you need help with. Make sure you hire someone who has experience representing car accident victims.  

Litigation Experience

You will want to hire an attorney who also has litigation experience, one who isn’t afraid to take your claim to trial if it becomes necessary. Plenty of law firms are simply settlement mills, taking on every case they can, knowing they will settle it and move on to the next client. You want a lawyer who is committed to doing what is best for you. In some cases, doing what is best means refusing to settle and instead going to trial.  

Proven Track Record

Does the attorney have a proven track record of obtaining compensation for their clients—either through a negotiated settlement or a court award? While past results are no promise of their future performance, they can give some insight into how your case might end. For example, you want to hire a car accident lawyer with experience getting car accident victims what they deserve for their damages.

Good Communication

There are many outstanding lawyers out there; however, some are severely lacking in the communication department. They forget that they are representing real people with real issues and injuries. Clients call or email to ask for updates; they simply don’t respond or take weeks to respond. No one wants to be ignored during this stressful time of life. You deserve an attorney who will address your questions and concerns in a timely manner. When you meet with a potential attorney, ask them how they handle client communication. Will you be able to speak directly with them? Or will you speak with a receptionist or a paralegal? 

Good Standing and Reputation

It’s also essential to ensure that the attorney you want to hire has a good standing and positive reputation. You can check your local state bar organization to ensure their license hasn’t been suspended and they aren’t facing any type of disciplinary action from the state bar. You can also check with other reputable organizations and their peers to determine the attorney’s reputation. Online reviews from previous clients are also a good resource. If necessary, ask the attorney for recommendations. If they want your business, they should be willing to show you their reviews and why you should hire them.  

Is It Worth Getting a Car Accident Lawyer?

Far too many injured car accident victims shy away from seeking legal help. They think they can do it themselves, that car accident lawyer fees are too high, that they don’t have the money to pay for them upfront, or that having legal representation for a car accident doesn’t make any difference. However, legal representation can make a substantial difference in your claim.  

Even better, most offer free consultations. So, you can meet with them, then find out if you have a valid claim. Most car accident attorneys work on contingency fees only if you decide to hire them. This means you don’t pay them anything to get your case started or during the duration of your case. Once your case is over, they get paid out of any monies they obtain on your behalf. If they don’t obtain any, you don’t owe them anything. Many car accident victims receive more compensation with a lawyer than they would without one, even after the attorney has taken out their fees and services. 

Ready to Call a Car Accident Lawyer?

Are you ready to call a car accident lawyer? 

We make it easy for you. Simply call 1-800-THE-LAW2 or fill out our convenient online form. You’ll be connected to a qualified lawyer within 10 minutes.  During this free consultation, you can discuss your car accident claim, and our lawyer will answer any questions you might have.

Choosing the Best Car Accident Attorney for You

How do you choose the best car accident attorney for you? 

You probably don’t have to look far to find personal injury lawyers near you. Maybe you’ve seen their ads on television, social media, buses, or billboards. But now, it actually matters. You have injuries from a car accident, and you want to hire a lawyer. You might be tempted to call, and hire the first attorney that comes to mind.  

That being said, you should make sure to choose the “best” car accident attorney for you. Remember that the right attorney for your friend or family member may not be the right one for you. Everyone has different needs and communication styles. 

Why You Need a Car Accident Attorney 

First, consider why you need a lawyer in the first place. You may not even realize all the benefits of having one, but learning what they can do for you can help narrow your search. A car accident attorney can: 

  • Manage your car accident claim 
  • Handle communications with the insurance company and their legal team 
  • Collect necessary evidence  
  • Investigate the accident 
  • Determine who is liable for the accident 
  • Negotiate a settlement 
  • File a lawsuit if necessary and litigate the case 
  • Provide guidance and support throughout the entire legal process 

Technically, you don’t HAVE to hire a lawyer to file a car accident claim. However, courts do highly discourage going without an attorney, and for good reason. 

Attorneys know the law and all the procedures, and they know how to push for maximum compensation. Car accident attorneys also typically work on contingency: they only get paid when you do.  So it’s absolutely in your best interest to have legal representation. 

Understanding what a lawyer can do for you can help you know what qualities to look for when hiring one. Since it’s best to have a seasoned car accident lawyer on your side sooner rather than later, start your search as soon as possible after your accident. It’s also a good idea to refrain from speaking with the insurance company until you have an attorney on your side. 

How to Choose the Best Car Accident Attorney 

Choosing the best attorney for your car accident means choosing someone that’s a good fit for you and someone who possesses certain qualities and characteristics.

What are the qualities of the best car accident lawyer? 

Experience  

Good accidents lawyers will have several years of experience in car accident cases, such as those involving: 

In fact, it’s best to choose an attorney whose area of focus is that of motor vehicle accidents. In general, the more focused a lawyer’s practice is, the better the chances of you obtaining the full and fair value of your accident claim. 

Fees 

Speak to your potential attorney about their fee structure. Most car accident attorneys provide free initial consultations, even if you decide not to use their services. In addition, many accident attorneys work only for contingency fees.

How Much Does a Car Accident Lawyer Cost Out of Pocket?

A contingency fee arrangement means you pay them nothing upfront and nothing until they win your car accident case. You owe them nothing if they don’t settle your case or win your lawsuit in court

What Percentage Do Most Injury Lawyers Take?

When and if they do recover money for your car accident damages, they receive payment from those funds. The amount they receive is usually determined by a percentage of the total recovery and is agreed upon when you hire them. Even after paying their fees, it’s worth getting a car accident attorney as nearly all accident victims will receive more compensation with an attorney on their side. 

Communication 

Do you feel like the attorney understands you? And, do you have a good report? How do they handle your questions and concerns along the way? Do you feel at ease talking to them? It’s crucial to feel comfortable talking to the attorney you hire and how they want you to communicate with them going forward. While your ultimate goal is financial compensation for your damages, you should feel supported and at ease during the process. 

Peer Respect and Reputation 

Do your research to determine how others in the legal community view your potential attorney, such as judges, past clients, and other lawyers. How are their online reviews? Have they been disciplined by or reported to the state bar? What professional recognitions or awards have they received?  

A Professional Office 

When you visit the prospective attorney’s office, is it professional? Are the staff courteous and friendly? Is it clean and well-kept? Is it easily accessible? You will likely be in the office several times throughout the course of your case and interacting with the office staff, so this is a crucial part of your decision. Unfortunately, not all car accident lawyers have a professional office. 

Find the Best Auto Accident Attorney Today

If you’re ready to get started choosing the best car accident attorney for your case, call 1-800-THE-LAW2 or complete our contact form. You’ll be connected to reputable attorney in your area within 10 minutes.  During the free consultation, you’ll learn more about the possibilities for your case, as well as next steps.

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