If you’ve been injured in a car accident, then you could be entitled to compensation under the law. But if you’ve never litigated a case before, then chances are that you’re feeling at least somewhat confused, and maybe even a bit overwhelmed.

Car accident settlements can vary significantly based on the severity of injuries and the circumstances of the accident. You may be asking yourself questions that you’re simply not sure about the answer to: for example, how much can someone sue for a car accident? Or, for example, if it is important to file a claim with an auto insurance company? All of this can significantly impact the compensation process. After all, if you knew how much you’d potentially be entitled to, perhaps it would make it easier to decide on moving forward with the dispute.

Fortunately, you can contact 1-800-THE-LAW2 for a free consultation with an experienced car accident attorney in our network. They’ll be able to evaluate your case free of charge and give you guidance on how to proceed.

Of course, if you’d like to learn more about car accident litigation issues (such as “How much can someone sue for a car accident?”) then keep reading! We’ll cover some of the basics for you.

Understanding Car Accident Lawsuits

What is a car accident lawsuit?

A car accident lawsuit is a legal action taken by a victim of a car accident to seek compensation for their injuries, damages, and losses. Typically, the lawsuit is filed against the at-fault driver, their insurance company, or other parties responsible for the accident. This legal process aims to hold the responsible parties accountable and ensure that the victim receives the compensation they deserve for their suffering and financial losses.

Goals of a car accident lawsuit

The primary goal of a car accident lawsuit is to hold the responsible parties accountable for their actions and to provide fair compensation to the victim for their losses. This includes recovering damages for medical bills, lost wages, property damage, pain and suffering, and other related expenses. By pursuing a car accident lawsuit, victims can seek justice and financial relief to help them recover from the incident and move forward with their lives.

Who can be sued in a car accident case?

In a car accident case, several parties can be held liable and sued for damages. These include:

• The at-fault driver: The person whose negligence or recklessness caused the accident.
• The at-fault driver’s insurance company: The insurer responsible for covering the damages caused by their policyholder.
• The vehicle’s manufacturer: If the accident was caused by a defective vehicle part, the manufacturer could be held liable.
• The government agency responsible for maintaining the road: If a road hazard or poor maintenance contributed to the accident, the relevant government agency might be sued.
• Other parties who may have contributed to the accident: This could include pedestrians, other drivers, or any other individuals whose actions played a role in causing the accident.

Liability Insurance: How Much Can You Sue For

In the event of a car accident, liability insurance plays a crucial role in determining how much you can sue for. Liability insurance is designed to cover damages to other parties involved in the accident, including medical expenses, lost wages, and property damage. The amount of liability insurance coverage varies by state and individual policy, but it typically ranges from $25,000 to $100,000 or more per person and $50,000 to $300,000 or more per accident.

When determining how much you can sue for, the liability insurance coverage limits of the at-fault driver’s policy will be taken into account. If the at-fault driver has a policy with a limit of $50,000 per person and $100,000 per accident, you can sue for up to those amounts. However, if your damages exceed the policy limits, you may need to explore other options, such as suing the at-fault driver personally or seeking compensation from your own uninsured motorist coverage.

Uninsured Motorist Coverage

Uninsured motorist coverage is an essential component of your auto insurance policy, as it provides protection in the event that the at-fault driver is uninsured or underinsured. This coverage can help pay for medical expenses, lost wages, and other damages if the at-fault driver is unable to compensate you.

In most states, uninsured motorist coverage is mandatory, and the minimum coverage limits vary. For example, in some states, the minimum coverage limits are $25,000 per person and $50,000 per accident. However, it is recommended to purchase higher coverage limits to ensure adequate protection in the event of an accident.

If you are involved in a car accident with an uninsured or underinsured driver, your uninsured motorist coverage can help fill the gap in coverage. However, the amount of compensation you can receive will depend on the coverage limits of your policy.

How do I know whether I have an actionable car accident claim?

Whether you have an actionable legal claim depends on the satisfaction of various “liability elements.”  These elements are as follows:

1. The defendant violated their duty of care towards you;
2. In doing so, the defendant caused you to suffer injury; and
3. Your injuries led to claimable losses.

The amount of compensation a car accident victim can sue for typically includes medical expenses, lost wages, and pain and suffering. Cases involving serious bodily injury or fatalities can result in substantially higher compensation amounts.

Seems straightforward, right?  In reality, each of these basic elements can be unpacked into many layers of complex argument — and it is in these nuances that disputes are often won or lost.

How much can someone sue for a car accident? What sort of compensation is the injury victim entitled to?

The amount of compensation a car accident victim can sue for varies depending on the severity of their injuries, the extent of their damages, and the applicable laws in their state. Generally, a car accident victim may be entitled to compensation for:

• Medical bills and expenses
• Lost wages and income
• Property damage (including damage to their vehicle)
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Punitive damages (in cases where the at-fault driver’s actions were reckless or intentional)

It’s essential to note that the amount of compensation a car accident victim can receive is often limited by the at-fault driver’s liability insurance coverage. If the at-fault driver is uninsured or underinsured, the victim may need to rely on their own uninsured motorist coverage or seek compensation from other sources.

Damages are different from case-to-case, because every plaintiff — and every accident — is unique.  As such, the losses sustained will be unique, too. Gathering evidence and medical documentation immediately following the accident is crucial to support a car accident settlement. For example, if you’re a hobbyist mountain climber and you’re unable to climb after your car collision accident, then you would have a damages claim based on the “loss of enjoyment of life.”  By contrast, someone who is a shut-in and doesn’t engage in physical activity may not have as substantial a damages claim for “loss of enjoyment of life.”

To maximize their chances of receiving fair compensation, car accident victims should consult with an experienced personal injury attorney who can help them navigate the complex process of filing a car accident lawsuit. An attorney can provide valuable guidance, negotiate with insurance companies, and ensure that the victim’s rights are protected throughout the legal process.

Types of Damages in a Car Accident

In a car accident case, there are three primary types of damages: economic damages, noneconomic damages, and punitive damages.

Economic Damages

Economic damages refer to the financial losses you incur as a result of the car accident. These damages can include:

• Medical bills and expenses
• Lost wages and income
• Property damage, including damage to your vehicle
• Other related expenses, such as rental car fees and towing costs

Economic damages are typically easy to quantify, as they are based on actual expenses and losses. However, it is essential to keep accurate records of your expenses and losses to ensure you receive fair compensation.

Noneconomic Damages

Noneconomic damages refer to the non-financial losses you incur as a result of the car accident. These damages can include:

• Pain and suffering
• Emotional distress and anxiety
• Loss of enjoyment of life
• Loss of consortium (companionship)

Noneconomic damages are more challenging to quantify, as they are subjective and based on individual experiences. However, an experienced car accident attorney can help you demonstrate the extent of your noneconomic damages and negotiate fair compensation.

Punitive Damages

Punitive damages are designed to punish the at-fault driver for their reckless or negligent behavior. These damages are typically awarded in cases where the at-fault driver’s actions were intentional or grossly negligent.

Punitive damages can be substantial, but they are not always awarded. An experienced car accident attorney can help you determine if punitive damages are applicable in your case and negotiate fair compensation.

In summary, the amount you can sue for in a car accident case depends on various factors, including liability insurance coverage, uninsured motorist coverage, and the types of damages you incur. It is essential to consult with an experienced car accident attorney to ensure you receive fair compensation for your losses.

How is my right to recover compensation affected if I’m partially at-fault for the car accident and have liability insurance?

If you were partially at-fault for the car crash, then your ability to recover compensation can be affected. This can complicate your car accident claim, making it crucial to seek legal guidance to navigate the complexities and maximize your recovery. How significantly your right to compensation will be affected depends on the state law that governs your dispute.

In some states, the doctrine of pure comparative fault applies. Under pure comparative fault, you are entitled to sue and recover compensation even if you are 99 percent at-fault. That being said, your compensation will be reduced by your fault contribution — so if you are suing for $50,000, and you’re 50 percent at-fault, you’d be entitled to recover up to $25,000.

In other states, the doctrine of modified comparative fault applies. Under modified comparative fault, you are entitled to sue and recover compensation, but only if you are less than 51 percent at-fault. Again, your compensation will be reduced by your fault contribution (represented as a percentage).

In a few states, the doctrine of strict contributory fault applies. Under strict contributory fault, you are not entitled to sue and recover compensation if you are partially at-fault — you can even be just one percent at-fault, and the law will prevent you from being compensated. That being said, there may be ways to circumvent this restriction, if you can argue that your “fault contribution” was not actually linked to your injuries.

Can I still be compensated for medical expenses if my health insurance policy covers most of the cost?

Yes, you can be compensated for all your medical expenses, even if you didn’t actually pay out-of-pocket for those medical expenses. Having sufficient auto insurance coverage is crucial to ensure that all your medical expenses are covered. This actually results in a financial windfall in many car accident disputes.

So why do the courts continue to allow it?

In essence, there is good public policy reasoning behind this decision. American policy is such that the courts do not want to punish people for having the foresight to purchase adequate health insurance coverage. If you were not allowed to sue and recover medical expenses (even when your costs are covered by the insurance company), then you would be punished for spending the money on your insurance policy.

As a result of this decision, you get to “keep” the excess money as a financial windfall. So it’s a fantastic situation for those who have health insurance coverage.

I already had a preexisting injury at the time of my car accident — but it got worse.  Can I sue for compensation?

If you have a preexisting injury or condition, then yes, you can potentially sue for compensation, even if you didn’t suffer an entirely different sort of injury — that’s because the worsening of your preexisting injury still counts as a “new” injury that was caused by the defendant’s actions. Car accident cases involving preexisting injuries can be particularly complex and require experienced legal representation.

This issue can often be a lightning rod of conflict in a personal injury lawsuit, as the defendant will try to argue that your injury was indistinct and “not” worsened by the accident. And even if you’re able to establish that the injury was distinct, the defendant will try to restrict your damages by ensuring that you only can claim losses that are unique to the “worsened” condition.

Given how challenging and nuanced this type of issue can be to litigate, it’s absolutely critical that you work with experienced personal injury attorneys who have the training necessary to understand the ins-and-outs of your dispute and counter these defense arguments.

How much time do I have to sue for a car accident?

Every personal injury claim has a statute of limitations that applies to it — in other words, a deadline by which you must file the claims.  If you do not file your claims before the relevant deadline, then courts can dismiss your claims on the basis that you abandoned or relinquished them under the law.  This can prevent you from securing any sort of legal recovery in the form of compensation.

Given the risks associated with a delay, it’s critical that you work with an experienced car accident attorney as soon as possible after your accident.  One of their legal duties is to handle your claims in a timely manner — as such, you can rest easy knowing that they will move forward with your claims in a way that satisfies all the procedural requirements.

Statute of limitations deadlines vary from state-to-state, and vary based on the type of claim involved.  In California, for example, the statute of limitations deadline for a negligence-based injury claim is two years from the date of injury (though there is a six-month procedural deadline if you’re suing a government defendant).  In New York, by contrast, the same deadline is three years from the date of injury.  Consult your personal injury lawyer for guidance on these and other procedural requirements.

Contact 1-800-THE-LAW2 for a Free Legal Consultation

If you’ve been injured in a car accident, then you could be entitled to sue for compensation under the law.  Navigating the legal process isn’t always straightforward, however, and the path to recovery isn’t always clear.  That’s why it’s so important to work with an experienced car accident lawyer who can help you understand your strategic options and who will fight relentlessly for your right to compensation.

Contact 1-800-THE-LAW2 for a free consultation with a qualified local car accident attorney in our network.  During this initial consultation, you’ll have the opportunity to discuss the details of your case and to learn more about what next steps you should take to maximize your recovery.  If you decide against moving forward with the dispute, that’s okay — there’s no obligation to continue.  So pick up the phone and call in today to get started with a free case evaluation.

We look forward to assisting you.

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.

Contact 1-800-THE-LAW2 for a Free Legal Consultation

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.

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.

Contact 1-800-THE-LAW2 for a Free Legal Consultation

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.

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.

Exploring Your Legal Options

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

If you’ve been injured in a car accident, it’s likely that you’re considering whether you can actually sue someone for causing the accident. This might seem straightforward at first glance, but in reality, many defendants are “shady.” They hide information, twist the facts, and lie outright. So, can you sue someone for lying about the facts in a car accident case?

This can be extremely frustrating, as you might have already felt confused and overwhelmed by the prospect of a lawsuit. With the defendant lying about the car accident, it may feel like the case has become even more complicated. This isn’t an unreasonable reaction. After all, conflicting stories in a car accident requires a bit of extra work. Proving the “truth” isn’t always easy.

Fear not! Experienced attorneys can help. Defendants lie relatively often, so there are strategic tools in place to “suss” out the lies. If you’d like to learn more before speaking to an attorney, let’s explore the basics.

Why Do People Lie About Car Accidents?

Though it may seem like the answer is obvious, it’s important to break this down: why do people lie about car accidents?

At a basic level, defendants lie to avoid liability. In a lawsuit, liability can lead to a significant damages payout, so defendants will often do whatever it takes to ensure that the court doesn’t find that they are at-fault. By twisting the factual narrative around the case, the defendant may be attempting to create a new story that paints them in a favorable light.

There are a number of avenues for the defendant to twist the narrative — for example, the defendant could lie to police at the scene of the accident, and those lying statements will be recorded in the police report. In many cases, the defendant isn’t considering the lawsuit when making false statements. When dealing with police, these false statements are made to avoid ticketing, fines, or an arrest.

There are some things that are hard to lie about, like the evidence at the scene of an accident: vehicle damage or skid marks, for example. But other things, like injuries, recollections of the accident, and timeline of events can be problems if the other party to the accident is being dishonest.

If you’re trying to sue someone for injuring you in a car accident, this lying can make you feel frustrated, even overwhelmed. After all, you might not know how the defendant’s lies are going to impact your case, and how to counter the lies. Well, don’t worry! Experienced car accident injury attorneys are very familiar with handling false statements by defendants, and understand how to draft probing investigative questions to reveal the lies.

What Happens If You Lie About a Car Accident?

If you lie about a car accident, your version of events will be scrutinized against available evidence. Discrepancies can lead to your claim being dismissed, legal penalties for fraud, and loss of credibility. Evidence to prove the truth may result in serious consequences, including denial of insurance claims.

What Happens If A Car Accident Witness is Lying?

If a car accident witness is lying, their credibility is jeopardized once the truth is uncovered. Their false testimony can lead to legal consequences and hinder the investigation process. It may also impact the outcome of insurance claims or legal proceedings related to the accident.

What if Someone is Lying About a Car Accident? How the Lie Can Impact Your Case.

Okay, so we know that people often lie about the details of a car accident to try and minimize their role in causing it. At this point, it’s not unreasonable to think: can you sue someone for lying?

The answer is no — but that doesn’t mean it isn’t useful. The defendant’s lies can give you a strategic advantage.

See, lying about a car accident doesn’t create a lawsuit by itself. If you can prove that the defendant lied, however, it can “enhance” your case (i.e., easier to undermine the defendant’s narrative, access additional damages, etc.).

In a typical car accident dispute, one of the major challenges is proving that the defendant is liable for your injuries. In other words, proving that they are at-fault. The defendant may attempt to avoid liability by painting a favorable version of the factual narrative. This may include exaggerations and lies.

If you can point out discrepancies, there are two major impacts: 1) the court may determine that the defendant’s conduct is egregious enough to justify bonus punitive damages (which can increase your compensation significantly), and 2) it will be much easier to undermine all other statements made by the defendant, as the court will be less likely to believe them.

What Happens if Someone Lies About Injuries in a Car Accident?

When involved in a car accident, honesty is crucial, especially when reporting injuries to insurance companies. However, sometimes, one party may be lying about injuries in a car accident. This dishonesty can have significant legal implications, particularly when lying to an insurance company about an accident.

Lying About Injuries

• Impact on Claims: If a driver is lying about the extent or existence of injuries in a car accident, it can complicate the insurance claim process. Insurance companies are adept at investigating claims and can often detect discrepancies or falsehoods in reported injuries.
• Consequences for the Liar: If it’s discovered that a person is lying about their injuries, they could face serious consequences. This could range from the denial of their insurance claim to legal actions taken by the insurance company, including the demand for reimbursement of any compensation already paid.

Other Driver Lied About the Accident

• Challenges in Proving Liability: If the other driver lied about the accident details, it might create challenges in establishing liability. This is where accident lawyers become invaluable. They have the expertise and resources to uncover the truth, collect evidence, and counter false claims made by the other party.
• Role of Personal Injury Lawyers: Personal injury lawyers are skilled in dealing with cases where a party is lying about accident details or injuries. They work closely with medical professionals and investigators to ascertain the true extent of injuries and gather evidence to support your claim.

Insurance Companies and False Claims

• Insurance Fraud: Lying to insurance companies about injuries or accident details can be considered insurance fraud, a serious offense that can lead to criminal charges.
• Investigation by Insurers: Insurance companies often conduct thorough investigations into accident claims, especially when there is suspicion of false reporting. This could include medical examinations, analysis of accident reports, and scrutiny of any discrepancies in the driver’s story.

Lying about injuries in a car accident is a serious matter with significant legal repercussions. Whether you’re dealing with another driver who lied about the accident or you suspect fraud in injury claims, it’s crucial to have professional legal representation. Experienced accident lawyers and personal injury lawyers can navigate these complex situations, ensuring that your rights are protected and that justice is served in the face of dishonesty.

Ready to Sue Someone? Call 1-800-THE-LAW2 for a Free Consultation

If you’ve been injured in a car accident — whether or not you believe that the defendant is lying about the facts — you should speak to an experienced attorney about your case.

Call our team at 1-800-THE-LAW2 to connect to a qualified car accident attorney in just 10 minutes or less. Consultation is free and confidential, so there’s really no downside to having a conversation.

We look forward to assisting you.

If you’ve been involved in a car accident, then you might have heard that your accident is covered by the no-fault system. This can be confusing for many people. After all, we mostly understand that an accident can lead to a lawsuit against the defendant, but what is a no-fault accident, and what does it entail? In a no-fault accident, who pays?

No-fault accidents aren’t as complicated or confusing as they might seem at first glance. In fact, they provide foundational compensation in almost all cases! That being said, we do encourage you to contact us at 1-800-THE-LAW2 for further guidance. We’ll connect you to an attorney in our network for a free consultation to evaluate your claims and advise you on next steps.

If you’re still curious about the intricacies of no-fault accidents, continue reading to learn more.

What is a no-fault accident?

Following the average car accident, an insurance company must determine which driver was “at fault.” The insurance company of the individual determined to be at fault is responsible for covering the damages.

We consider an accident “no-fault” when the compensation does not depend on the determination of fault.

In no-fault accidents, your personal insurance provider will be responsible for paying for any hospital bills, medical expenses, or fees associated with post-accident rehabilitation. Drivers will receive compensation for associated medical expenses regardless of who caused the accident. Benefits might also cover lost wages as a result of the accident, funeral expenses, and certain replacement services.

You are most likely to experience a no-fault scenario in one of the ten no-fault states.

What is a no-fault state?

In the United States, a small minority of states impose a system known as “no-fault.” In accordance with this system, if you get into an accident, you’ll have to turn to your own insurance policy for compensation.

Which states impose the mandatory no-fault system?

A minority of states follow the mandatory no-fault system. In these states, you must turn to your own car insurance coverage for a recovery, no matter the fault of the driver. The ten current no-fault states are as follows:

• Florida
• Hawaii
• Kansas
• Kentucky
• Massachusetts
• Michigan
• Minnesota
• New York
• North Dakota
• Utah

Beyond that, only three jurisdictions employ a hybrid system. In the hybrid system, you can choose between the different options, no-fault included. These jurisdictions are Washington, DC, New Jersey, and Pennsylvania.

In scenarios where there’s a serious injury, the cost of damages will likely meet a minimum threshold. This will allow you to move forward with a traditional car accident lawsuit and sue the defendant for damages. We’ll discuss this further below. All to say, there is almost always a way to get the compensation you really deserve following an accident.

Circumstances vary, however, so it’s worth talking to an attorney about what steps make the most sense for you.

Who pays for car damage in a no-fault state?

It is crucial to note that, in no-fault scenarios, benefits do not cover the damage to property. In such cases, the driver deemed technically at fault will be responsible for the damages.

In designated no-fault states, licensed drivers must carry property damage coverage. If your car or other property is damaged in an accident, you will need to file for compensation through the other driver’s insurance. This is a fairly standard process, and a car accident attorney can easily help.

What is a No-fault Insurance Policy?

No-fault insurance policies are often referred to as personal injury protection or PIP policies. They tend to provide minimal coverage. If you are licensed to drive in a no-fault state, you must have a PIP policy to own and operate an automobile.

If you sustain a less-than-serious injury (i.e., no-fault applies), the minor injury losses will be fully covered by your PIP benefits. In this way, no-fault protects you, so you won’t have to pay minor medical bills out of pocket.

What happens in a no-fault accident if you have sustained serious injuries?

In a minor “not at fault” collision claim, you can recover most of your losses through your insurance policy. Minor injuries may require a little more effort. Luckily, in No Fault accidents, you have pathways toward achieving the compensation you deserve.

In such instances, consider working with an attorney for proper assistance. They can advise you on how to proceed with a lawsuit.

Is there any way to bring a car accident lawsuit in a no-fault state?

Yes, it’s possible under certain circumstances, and in fact, it’s advised in many cases. If you’re involved in a no-fault car accident, then, in order to bring a lawsuit, you’ll have to qualify for one of the exceptions.

There are two primary exceptions:

1. The accident resulted in a “serious injury” as per the legal threshold or
2. The accident led to medical expenses that calculate above the legal threshold.

We’ll briefly clarify what these two exceptions entail below.

What qualifies as a serious injury?

Even in no-fault states, those who suffer serious injuries are fully entitled to sue the defendant-driver and obtain compensation.

Definitions of seriousness vary from state to state, but as a general rule, a serious injury involves significant or permanent disruptions to bodily functions, disfigurement, and other similarly severe damage. Disabilities that last as short as three months often qualify as serious. In most cases, you are free to pursue a lawsuit against the defendant if the medical expenses (linked to the accident) are greater than a specified threshold amount. This amount can be as little as $3,000 in some states, so the threshold is quite low.

In many car accident scenarios, the exception will apply, giving you the freedom to pursue a lawsuit.

In the state of New York, for example, a fracture injury is enough to qualify as “serious” for the purpose of a no-fault exception. In these cases, you can and should sue the defendant for excess damages, and will usually be successful.

What should you do if you get into a car accident in a no-fault state?

If you get into a car accident in one of the no-fault insurance states, there are a number of steps that you should take. Some of these steps are universal to all car accident scenarios, while others are specific to the no-fault dynamic. When considering what to do, be aware that your circumstances should determine your choices.

The general steps to follow are as follows:

• Secure emergency medical attention
• If not severely injured, jot down eyewitness contact information
• Avoid extensive discussion with the driver who hit you
• Avoid discussion with the insurance companies until you have hired an attorney
• Cooperate with law enforcement, though it’s better if you have an attorney
• Hire an attorney
• Evaluate your damages
• Submit your no-fault insurance claim
• If your damages are not fully covered by no-fault insurance, explore options for a lawsuit
• Negotiate a settlement to secure compensation funds
• If a fair settlement is impossible, move forward with litigation

We understand that it can be overwhelming to deal with. That’s one of the many reasons why it’s worth working with an attorney at an early stage.

Experienced attorneys provide both advocacy and guidance. They will give you clarity on next steps and will work closely with you to ensure that your best interests are protected along the way.

What if you get into an accident while traveling in a no-fault state?

If you are licensed in a state without no-fault benefits, you likely do not have PIP insurance. What happens if you get into an automotive accident in a no-fault state? 

In such cases, the no-fault system still applies. As an insured driver, you have coverage nationwide. As long as you have the legal minimum automotive insurance required by your home state, you can claim no-fault benefits after an out-of-state accident. This should be the case even if your existing insurance policy does not include no-fault benefits.

If you get into an accident while traveling in another country, the situation is more complex. Always consult legal counsel for assistance with complex legal scenarios.

Does a no-fault accident go on your record?

Yes, it will. In a no-fault state, you’ll have to submit a claim for reimbursement with your insurance company to obtain compensation. This claim for reimbursement will go on your driving record, whether or not you were actually at fault for the accident.

Bear in mind that the record for a car insurance claim is not permanent. Depending on the state jurisdiction and the severity of the accident, the claim will go on your record for anywhere from two years to five years or more. If possible, it’s worth talking to an attorney about how the claim will impact your driving record and what sort of consequences you may face as a result.

Contact 1-800-THE-LAW2 for a Free Consultation Today

If you’ve been injured in a car accident, then you may have a right to sue and recover compensation under the law. Pursuing compensation isn’t always straightforward. There are twists and turns and barriers to overcome. Certainly, the insurance companies and your legal opposition aren’t going to pay without some strategic back-and-forth first.

We encourage you to take these important steps towards recovery alongside a trusted attorney.

Contact 1-800-THE-LAW2 to get connected to an experienced car accident attorney in our network. Consultation is free, and there’s no obligation to continue if you decide that it isn’t the right path for you. However, do be aware that all claims have a deadline, so it’s important that you contact us for an attorney as early as possible.

If you’ve been in a car accident, a lawyer consultation can help clear any confusion you may have concerning your potential case. After all, car accident litigation can be overwhelming for those who don’t have previous experience using the law to secure compensation.

That being said, it’s not always clear how plaintiff-victims should interact with their attorney to improve the process. How to ask your lawyer about your case can be daunting. What sort ofare the questions to ask your lawyer during the consultation?should you be asking? Let’s take a closer look.

What questions should I ask my personal injury lawyer about my accident case?

Here are some car accident questions to ask your lawyer about your case. This is not an exhaustive list! They’re simply questions for lawyers that are likely to be useful as you embark on this journey.

• What is the cost of legal representation?
• What are the potential compensation outcomes for my case?
• How long do you think this case will take?
• How should I handle insurance companies and adjustors?
• What experience do you have handling similar cases?
• What case strategy will you be implementing?
• Can my case be resolved through an out-of-court alternative?
• What will you be needing from me as the case progresses?

What is the cost of legal representation?

One of the first questions to ask a lawyer after a car accident is what the cost of representation will be. When considering personal injury cases, such as those involving car accidents, it’s essential to understand the costs involved. In your initial consultation, it’s one of the critical questions to ask a car accident lawyer. Most personal injury attorneys, including those specializing in car accidents, operate on a contingency fee basis.

This means their payment depends on whether you secure compensation; you don’t pay upfront. Instead, their fee is a percentage of the settlement or judgment you receive. This arrangement also motivates your attorney to aim for the highest possible compensation since their remuneration is directly tied to your case’s outcome. In other words, it’s a win-win dynamic for the client and the attorney.

What are the potential compensation outcomes for my case?

A tricky question to ask your lawyer about in your case is what the potential compensation will be, but it’s still a question you should ask.

There is no universal rule that you can easily apply to predict the compensation outcomes in your case. Every case is different, and compensation outcomes can vary based on everything from the severity of your injuries, to the willingness of the defendant to aggressively fight the case to the bitter end.

That being said, a “ballpark” understanding of your potential compensation outcome is still very useful strategically, as it will form the basis of your compensation demand. Your attorney will work with you to identify all the losses and calculate the overall damages.

How long do you think this case will take?

Inquiring about the duration of your case is a vital part of handling your case effectively. The timeline can fluctuate based on several factors, including the defendant’s willingness to negotiate and changes in evidence or legal circumstances. As you ask your lawyer about your case over time, they will provide updated estimates on the likely duration, factoring in any settlement negotiations or shifts in the legal landscape that may expedite or delay resolution.

How should I handle insurance companies and adjustors?

Dealing with insurance companies is a key aspect of personal injury cases, especially in car accident questions. Your personal injury attorney will usually advise against direct communication with insurers, and will instead communicate with insurers on your behalf. If it’s necessary for you to interact with them, your lawyer will provide detailed guidelines on what to say to avoid compromising your case. This professional legal advice is crucial in ensuring your interactions with insurance adjustors don’t negatively impact your claims.

What experience do you have handling similar cases?

Asking about an attorney’s experience with similar cases is essential in your initial consultation. Lawyers with a history of handling comparable personal injury or car accident cases are likely more adept at navigating the specific challenges of your situation. However, newer attorneys might also bring a fresh, determined approach to your case. Balance these considerations when choosing your legal representative.

What case strategy will you be implementing?

Understanding the strategy your attorney plans to use is fundamental. During your discussions, questions to ask a lawyer after a car accident should include whether a more aggressive stance or a quicker settlement is advisable in your case. Keep in mind that legal strategies may evolve as your case progresses, so regular communication with your attorney is crucial.

Can my case be resolved through an out-of-court alternative?

Though most cases are settled out-of-court, there are other ways to reach a resolution beyond the traditional litigation process. Some cases have alternative, structured processes for resolving the case out-of-court: mediation, arbitration, internal appeals formats, etc. Each of these processes has its own pros and cons, so you’ll want to discuss the possibilities with your attorney in detail.

What will you be needing from me as the case progresses?

Attorneys can only work with the facts. To ensure that your attorney has the best chance of success, you’ll want to make sure that you’re able to get them all the documentation and evidence they need as the case progresses.

So, a question to ask your personal injury lawyer is what you will need for them to move this type of case forward. This is crucially important, as your attorney may not be privy to all the details. Be comprehensive in communicating all the details so that they know what documentation and evidence to ask you about.

Questions that car accident attorneys may ask their clients

• What are the case details?
• What documentation do you have access to? Is there medical documentation?
• Did you suffer any severe or permanent injuries (for example, brain injury or spinal cord injury)?
• Do you know the insurance policy limits of the at-fault driver?
• Do you have UIM (underinsured motorist coverage) on your vehicle insurance policy?
• Have you already secured medical assistance for your injuries? Remember, some injuries (like whiplash) can take weeks or even months to surface.

What are the case details?

During your initial consultation, your attorney will need a complete picture of what happened. It’s crucial to give them every detail about the incident, even those that might not seem important or could be uncomfortable for you. This information is vital for handling your case effectively. Your lawyer will use these details to build a strong argument on your behalf and offer you the best legal advice.

When you meet with your lawyer, it’s important to tell them everything about your case. Don’t leave out any details, even if they make you look bad. Your lawyer’s job is to understand your story and use the facts to support your case. Remember, they are there to help you, so being honest and giving them all the information, even the not-so-good parts, is really important.

What documentation do you have access to? Is there medical documentation?

Your attorney will ask about the types of documentation you have, especially medical records. These documents, including medical bills and health records, play a big role in proving your case. They help show the extent of your injuries and the financial impact they’ve had. Make sure to bring all relevant documentation to your initial consultation, so your lawyer understands the full scope of your situation.

Did you suffer any severe or permanent injuries (for example, brain injury or spinal cord injury)?

In personal injury cases, the severity of your injuries greatly affects the case. Your lawyer will ask detailed questions about any major or long-term injuries you’ve suffered, like brain or spinal cord injuries. These types of injuries can significantly increase the value of your case and the compensation you might receive.

Do you know the insurance policy limits of the at-fault driver?

Understanding the insurance policy limits of the person who caused your accident is critical for your lawyer. This information helps in strategizing your case and in understanding how much compensation might be available. If the at-fault driver is uninsured or underinsured, your attorney will explore other avenues, such as your own insurance, to cover your damages.

Do you have UIM (underinsured motorist coverage) on your vehicle insurance policy?

Your attorney will inquire about your own insurance coverage, including UIM. This is important in cases where the other party’s insurance is not sufficient to cover your damages. Knowing your insurance details helps your lawyer in handling your case and maximizing your potential compensation.

Have you already secured medical assistance for your injuries? Remember, some injuries (like whiplash) can take weeks or even months to surface.

It’s important to discuss any medical treatment you’ve received with your lawyer. If you haven’t seen a doctor yet, they will likely advise you to do so. This is not just important for your health, but also for your case. Delaying medical treatment can be used against you in court. Documenting your injuries and treatment is essential for proving the impact of the accident on your life.

Talk to a lawyer for free about your case

If you’ve been injured in a car accident, don’t just sit on your claims. There are questions you can ask your lawyer about your case. Take action.

Potential compensation is just a phone call away. Talk to an experienced lawyer today about your auto accident case.

Ready to get started? Call us at 1-800-THE-LAW2 to get connected to a lawyer in our network. Consultation is free and confidential, so don’t delay!

FAQs – Frequently Asked Questions

What are some tips on vehicle accident lawyers?

Vehicle accident lawyers have a number of characteristics that can help improve the likelihood of success in a lawsuit. Great lawyers are experienced, communicative, focused, and transparent. As a plaintiff, it’s especially important to have a communicative and transparent attorney, as they will keep you in the loop and will give you opportunities to provide guidance on how you’d like the case strategy to be implemented.

How do you win a collision case?

In every case, whether it centers around a car collision or not, to win, you’ll need to show that you have suffered damages and that those damages were caused by the defendant’s negligent, reckless, or intentional behavior. That’s the simple recipe for liability in a personal injury case, including collisions. Prove those elements, and you’ll be entitled to monetary compensation.

Having a personal injury attorney in your corner can help with everything from insurance adjusters to police reports. They practice law so that you don’t have to.

How do lawyers decide to take a case?

Lawyers each have their own decision-making considerations, so you may find that one lawyer is willing to take on your case while a different lawyer is not willing to do so. That being said, there are some common factors that most lawyers consider to be important when evaluating whether to take on a case.

Generally speaking, a lawyer will want to take on your case if they believe that the claims are legitimate, that there are regulations and/or case law that support your claims, that the damages are significant enough to make it worth their time and energy, and that the defendant would be willing to settle.

How often should I hear from my attorney?

Your attorney should keep you in the loop, but how often they contact you will vary from case to case. Some cases move quickly and require heavy client input. In those situations, your attorney may contact you to discuss possibilities several times a week.

Other cases move slowly, and there may be waiting periods while the court processes files or while the opposing side considers your settlement requests. In those situations, your attorney may not have to contact you more than once every two weeks for a quick update.

Car accidents, even seemingly minor ones, can leave victims with serious injuries. You can walk away from your accident with hundreds of thousands of dollars in medical bills, lost wages, and other damages.

When a car accident isn’t your fault, you deserve compensation for your damages. The best way to determine if you are eligible to receive damages is by retaining an attorney. Ideally, you should hire an attorney for personal injury claims arising from car accidents.

If you’ve been injured in a car accident, it’s important that you retain a lawyer. Call us at 1-800-THE-LAW2 to speak to an attorney about your case. Consultation is free and no-obligation, so you don’t have to worry about costs or other requirements. At the very least, it is worth contacting us to get in touch with an attorney in our network to see if you have a case.

Should I Call an Attorney After a Car Accident?

If you are on the fence about working with a car accident attorney after an accident, here are four reasons why you should:

1. Positive for your health and well being
2. Maximized accident compensation
3. Protection from the insurance company
4. Meeting legal deadlines

1. Positive for Your Health and Well-Being

When you retain a lawyer, they handle every aspect of the case for you. You don’t have to worry about gathering evidence. Your attorney will handle getting your medical records and negotiating with the other side. They may even take care of speaking to the insurance company.

You get to focus all your energy on recovery, which is good for your health and well-being.

Your attorney will keep you updated with the progress that’s being made on your case. That includes any settlement offers you receive. Ultimately, legal representation saves you loads of time, energy, and frustration.

2. Maximizing Your Compensation

The first step a lawyer takes is to investigate and build your case. A car accident attorney will develop a strong sense of what your claim is actually worth. They are incentivized to maximize the payout, as they are paid on contingency.

In other words, they get paid more if they get you more money. Win-win.

Without a lawyer, you run the risk of settling your claim for much less than what it is worth. Your attorney will usually highlight the strengths in your case. They will ensure that all possible avenues of financial recovery are explored. In fact, data shows that car accident injury claimants with legal representation receive more compensation.

3. Protecting You From the Insurance Company

Insurance companies love dealing with claimants who haven’t retained a lawyer. Insurers will use all kinds of tricks and tactics to devalue or deny your claims . For instance, they might:

• Delay the processing of your claim 
• Tell you that you must agree to give a recorded statement (this isn’t true) 
• Twist your words to suit their goal of not paying you fairly for your claim 
• Try to get you to settle right away for an amount that is much less than what you deserve 

When you retain an attorney, they will take over all communications with the insurance company and their legal team. You won’t need to speak to them directly. If they do need to talk to you, your lawyer will be present with you to protect your interests.  

4. Meeting Legal Deadlines

Like most legal matters, personal injury cases have deadlines known as the statute of limitations. This is a deadline by which time you have to file your lawsuit. The specifics of the deadline varies from state to state. In some states, it’s only one year from the date of injury; in others, it’s as much as four years. 

Your car accident attorney will be highly knowledgeable about the deadlines that apply to your case. Most will go above and beyond to ensure that the deadlines are met. 

Why is this important? If you miss the deadline, you will lose the right to pursue compensation. When you retain an attorney to handle your case, you don’t have to worry about these deadlines because they have a legal duty to adhere to deadlines and be timely intheir representation.

What Does it Mean to Retain a Lawyer?

When you retain an attorney, you hire them to represent you in a specific matter. For example, you retain them for a specific car accident dispute.

You and the attorney both sign an agreement that details their services and the contingency fee details. It will explain your rights and obligations, as well as the attorney’s rights and obligations under the contract. Once you sign this contract, your car accident attorney can get to work on progressing your accident claims.

When to Hire an Attorney After a Car Accident

When you ask yourself, “Should I get an attorney after a car accident?” it’s important to consider your unique circumstances. Most people aren’t aware of what accident circumstances qualifies and what sort of damages they could be entitled to until they speak to an attorney.

While we always stress that you contact an attorney, here are come reasons for considering hiring a lawyer, especially if your accident meets the following conditions: 

• Your accident resulted in injuries requiring medical attention
• Your accident resulted in property damage
• You missed work as a result of the accident
• There were multiple parties involved in the accident and liability is unclear
• The fault is in dispute
• There is a complication with your insurance claim
• Your accident occured in a No Fault state
• There is a mistake in your police report

Many individuals wonder how long they have to retain the services of a lawyer following an accident. Most states have a statute of limitations for personal injury claims. If you sustained injuries during your accident, you should hire a laywer as soon as possible. You likely have between one and three years to file a claim.

When Do you NOT Need an Attorney after an Accident?

Even if no injuries are present, it is ALWAYS a good idea to speak to an attorney. Get a second medical opinion or see a medical specialist. It’s possible that you could still have injuries arising from the accident that are yet to be diagnosed.

As such, it’s always in your best interest to discuss your car accident claim with an attorney. A professional will tell you if you have a viable claim worth pursuing. Simply put, getting legal advice is never a bad idea.

How Much Does it Cost to Retain a Lawyer?

Most personal injury lawyers don’t charge retainer fees. Instead, they work on contingency.

In a contingency fee arrangement, you don’t pay anything upfront or out-of-pocket. Instead, you only pay if and when you receive compensation. This means that hiring a car accident attorney is basically free, and comes at no risk.

Many car accident victims mistakenly believe they must have the money upfront to hire an attorney to represent them. This simply isn’t true. Most personal injury lawyers are aware that many car accident victims don’t have that kind of money. That’s why contingency fees exist.

What is a Contingency Fee?

A contingency fee is the type of fee structure most personal injury lawyers use . With this arrangement, clients don’t pay any money to hire an attorney. No payment is involved until their attorney successfully settles the case or obtains a court award. At that time, the attorney receives a percentage of that compensation.

The contingency fee is pre-determined. It will be written into the contract that is signed when the client retains the attorney.

Note that if your attorney is unsuccessful in obtaining compensation, you don’t have to pay them anything. They don’t get paid for failure.

What are the Qualities of the Best Car Accident Lawyer?

Having a lawyer is imperative to getting the compensation you deserve. It is also key to having your claim or lawsuit run smoothly. How often you should hear from your attorney depends on what is going on with your case. If it’s just starting, you may only hear from them or their staff a few times a month.

Suppose your case is farther along, and settlement negotiations are ongoing. In that case, you may hear from them every day or several times a week. You also always have the option to call and check in on the status of your case.

The best car accident lawyers:

• Return calls and emails promptly
• Are compassionate and understanding
• Work on contingency and don’t charge a lawyer consultation fee
• Have time to work on your case now
• Are in good standing with their state bar
• Aren’t under any disciplinary action
• Have earned the respect of their peers and colleagues
• Are skilled negotiators
• Are willing to fight on your behalf and go to trial if one becomes necessary
• Focus on personal injury cases

Questions about Retaining an Attorney after a Car Accident? Speak with a Car Accident Lawyer Today

If you have questions about retaining a lawyer after a car accident, we are here for you. Contact us by phone at 1-800-THE-LAW2 for a free consultation with an auto accident lawyer, or online. Your attorney will discuss the details of your accident. Then, they can determine if you have a valid legal claim, and how to go about next steps.

In the United States, car accidents are not uncommon.

According to data gathered by the National Highway Traffic Safety Administration (NHTSA) car accidents occur a lot more frequently than people might think. In 2022, there were 42,795 fatal motor vehicle accidents. Furthermore, 1.6 million crashes were linked to injuries, while 3.6 million were linked to property damage. Cumulatively, that’s close to 5.3 million motor vehicle accidents in the United States on an annual basis!

But what state has the most car accidents? Keep reading to find out.

If you’ve been in an accident, the statistics should make it clear: you’re not alone in dealing with this. We’re here to help. Call 1-800-THE-LAW2 for a free consultation with a car accident attorney in our network. The network attorney will be able to evaluate your claims and give you guidance on how to proceed.

List of Car Accidents by State: Which are the Most Dangerous?

We’ve collected national traffic data, by which we’ve ranked states based on the number of deaths per 100,000 people in traffic accidents. This is annualized data, so all numbers are for a single year. The data tells us which state has the most car accidents per capita. Here are the top five most dangerous states in the USA to drive in:

• Mississippi — 25.4  deaths per 100,000 people.
• Wyoming —  22 deaths per 100,000  people.
• Arkansas — 21.2  deaths per 100,000 people.
• South Carolina —  20.7 deaths per 100,000 people.
• Montana — 19.6 deaths per 100,000 people.

As you can see, Mississippi has the most car accidents per capita by state. For anyone who understands car accident risk factors, this is relatively unsurprising. As a general rule: more rural roadways, combined with a less educated population and lacking public spending on roadway maintenance, lead to a greater risk of car accidents and fatalities on the road. This is a well-defined phenomenon that can be observed in states and counties throughout the United States.

Which US City Has the Most Car Accidents?

The US city with the most car accidents is Baltimore, MD with a 153% collision likelihood. That is the highest percentage in any U.S. city. This is based on the average number of years between accidents per driver, and in Baltimore, the average is 4.2 years. This means that it’s where most car crashes happen. 

Baltimore has a lot of high-speed expressways that up the chances of accidents, and Baltimore drivers are often ranked among the worst in the country. Some big reasons why most car accidents happen here include speeding, driving under the influence, and distracted driving. 

What Causes the Increased Accident Risk?

There are several factors that industry experts have identified as contributing to a heightened accident risk. These factors are likely to have been involved in making the states and cities we listed among the most dangerous. So let’s explore some of the basics. Risk factors for car accidents include: 

• Low income levels
• Low education levels
• Significant numbers of unlicensed drivers
• Weak regulatory environment
• Loose enforcement of traffic regulation
• Inadequate spending on public roadway maintenance
• Significant rural traffic
• Low road visibility
• Unfavorable weather conditions
• And more

For example, poorly maintained and poorly-designed rural roads tend to lead to significantly more car accidents due to low visibility, potholes, and other issues. Further, lax enforcement on rural roads tends to lead to more reckless driving. Thus, more rural states also tend to be strongly associated with heightened accident risks.

How to Secure Compensation from Drivers Who Don’t Have Car Insurance

The cost of car insurance has gone up a lot in recent years. In 2022, there was a big 7.9% increase, followed by another 5.9% rise in the first half of 2023. According to JD Power’s Insurance Intelligence Report, more and more people in the U.S. are struggling to afford auto insurance these days.

The report also found that more American households with at least one vehicle don’t have auto insurance. In the first half of 2023, the number of uninsured households increased to 5.7% from 5.3% in the second half of 2022.

An even larger number of drivers have “inadequate” insurance to cover all their losses. So what can you do to secure full compensation in situations where the defendant is uninsured or underinsured?

There are a few different strategies that your attorney will likely explore:

1. They will consider the possibility of suing other defendants, who might have also contributed to the accident.
2. They will help you file an uninsured or underinsured claim with your own car insurance policy.
3. They may explore the possibility of bringing in an employer through the vicarious liability principle.

In essence, it’s your attorney’s job to develop your legal arguments thoroughly. If it is sensible for your case, they’ll help you sue all the relevant parties. This can minimize the problem of the driver not having sufficient insurance coverage.

Which State Has the Best Drivers?

Out of all the states, Massachusetts ranked best, with just 4.9 fatal accidents per year (per 100,000 people).

Why does Massachusetts have such a low fatal accident rate? Massachusetts, along with New Jersey, has the fewest uninsured drivers and one of the lowest rates of DUI-related arrests compared to other states. It also stands out as one of the safest states when it comes to speeding incidents. In Massachusetts, you can get a learner’s permit at 16 and a full license at 18. So, it seems like Massachusetts has some of the oldest “new” drivers in the US, according to the stats.

Injured by Someone Who Was Driving Under the Influence? Here’s Some Useful Information.

Drunk driving is a serious problem, and the number of accidents linked to drunk driving is alarmingly high. According to the NHTSA, in 2021, there were 13,384 motor vehicle fatalities associated with drunk driving. That’s 37 deaths per day on average. Severe injuries are even more common!

Importantly, if you’ve been injured by a drunk driver, you may actually have some advantages in the lawsuit. See, there are two primary advantages you have:

1. It’s usually a more straightforward process to establish liability, as linking the driver’s impairment to the accident can be much easier.
2. The court may decide to impose bonus punitive damages.

Let’s take a closer look at advantage #2.

Courts have discretion in particularly egregious circumstances to impose punitive damages. These damages are meant to punish the wrongdoer for their behavior and to discourage others from doing the same. In the car accident context, punitive damages are sometimes imposed if the defendant was driving under the influence.

Bonus punitive damages can add up to nearly seven times your baseline damages. In other words, a $100,000 case can give rise to $700,000 in punitive damages, for an $800,000 total recovery. That’s significant! Given the potential for such a high recovery, it’s worth exploring the possibility of punitive damages with your attorney. 

Contact Los Defensores for a Free Consultation with a Car Accident Attorney

If you’ve been injured in a car accident, then you could be entitled to significant compensation under the law. However, car accident injury victims often don’t realize that they have legitimate claims. That’s why it’s important to have an attorney evaluate your case and help you figure out the next steps.

Call us at 1-800-THE-LAW2 to get connected to an experienced car accident attorney in our network. Consultation is free, and you’ll have an opportunity to discuss your case and whether it’s worth pursuing. Don’t just resign yourself to what happened. Take action. Start by having a conversation with one of our network attorneys.

We look forward to assisting you.