Need an accident lawyer after an auto accident? This article will explain when hiring a lawyer is necessary after a car crash and what benefits you can expect.

Key Takeaways

• Hiring a car accident lawyer is crucial when facing injuries, high medical expenses, and/or complex liability issues following an auto accident to ensure proper compensation.
• Personal injury law centers on demonstrating negligence, recklessness, or intentional misconduct, and a qualified lawyer can help assess claims to include all types of damages, including economic and non-economic losses.
• Engaging an experienced attorney enhances the likelihood of fair settlements by effectively negotiating with insurance companies and representing clients’ interests in court if necessary.

Understanding Your Options

When you’re involved in a car accident, it can be overwhelming to navigate the aftermath. One of the most important decisions you’ll make is whether to file an insurance claim or pursue a personal injury lawsuit. Understanding your options is crucial to ensuring you receive fair compensation for your injuries and damages.

Filing an Insurance Claim

Filing an insurance claim is typically the first step in seeking compensation after a car accident. If you have insurance coverage, you can file a claim with your own insurance provider or the other driver’s insurance company. However, it’s essential to note that insurance companies often try to minimize payouts, so it’s crucial to have a clear understanding of your policy and the claims process.

If you’re unsure about how to proceed, consulting with a car accident attorney can help you navigate the process and ensure you receive fair compensation. An experienced car accident lawyer can help you:

• Gather evidence to support your claim
• Communicate with insurance companies
• Negotiate a fair settlement
• File a lawsuit if necessary

When to Consider Hiring an Accident Lawyer

In some instances, a car accident may not require the engagement of an attorney. There are situations where securing the services of an experienced car accident lawyer is vital. Such circumstances include severe injuries that could lead to persistent health complications and substantial medical costs. In these cases, expert legal advice is imperative for obtaining rightful compensation.

The necessity for a car accident attorney becomes evident when one incurs considerable medical bills, often exceeding several thousand dollars. For damages that extend beyond mere vehicle repairs—like emotional trauma or lost wages—having skilled legal representation is crucial in pursuing just compensation.

An attorney proves invaluable when multiple parties or government entities are part of the equation. They can safeguard your interests while carefully managing intricate liability issues. Should you encounter resistance from insurance providers through claim denial or insufficient payment offers (which is likely!), a knowledgeable lawyer stands ready to assist in recovering the full measure of recompense owed to you.

Thus whenever significant injury-related disruptions arise from auto accidents—including hefty expenses and complex liability matters—an adept motor vehicle accident lawyer can greatly influence achieving a favorable resolution for your situation and life after such incidents.

Understanding Personal Injury Law

Personal injury law covers a variety of incidents, with auto accidents being one of the most common types. The foundation of personal injury law is based on the concept that someone’s negligence must be proven to win your case in an auto accident claim.

Determining who is at fault in personal injury cases depends on whether it can be shown that the party responsible did not take reasonable precautions to prevent causing harm. Negligence related to auto accidents might involve behaviors such as distracted driving, speeding, or failure to obey traffic signals. Comparative fault rules may apply if an injured individual bears some responsibility for their own injuries. This can influence how much compensation they are entitled to receive.

Even if you’re found less than 50% at fault for your injuries from an accident, you still have the right to pursue damages—though what you recover will decrease proportionally with your degree of liability. An adept car accident lawyer will assess all aspects of losses suffered including tangible and intangible factors like pain and suffering alongside economic costs such as medical bills and lost earnings.

Consulting with a seasoned car accident lawyer helps elucidate your legal options while guiding through decisions about filing insurance claims or lawsuits—or potentially both—to secure full eligible reparation for damages sustained.

Determining Fault and Negligence

Determining fault and negligence is a critical aspect of any car accident case. To establish fault, you must demonstrate that the other driver’s actions or inactions caused the accident. This can be done by gathering evidence, such as:

• Witness statements
• Police reports
• Medical records
• Photographs of the accident scene

Defining Negligence

Negligence is a critical concept in car accident cases. It refers to the failure of a driver to exercise reasonable care and caution while operating their vehicle. Examples of negligence include:

• Distracted driving
• Speeding
• Running red lights or stop signs
• Failing to yield the right of way

To establish negligence, you must demonstrate that the other driver’s actions fell below the standard of care expected of a reasonably prudent driver. An experienced car accident attorney can help you gather evidence and build a strong case to establish negligence.

Comparative Fault in Car Accidents

In some cases, the court may determine that you share some degree of fault for the accident. This is known as comparative fault. If you’re found to be partially at fault, your compensation may be reduced accordingly. For example, if you’re found to be 20% at fault, your compensation may be reduced by 20%.

It’s essential to understand that comparative fault laws vary by state, so it’s crucial to consult with a car accident attorney who is familiar with the laws in your jurisdiction. They can help you navigate the complexities of comparative fault and ensure you receive fair compensation for your injuries and damages.

By understanding your options and the concepts of fault and negligence, you can make informed decisions about your car accident case. Remember to seek legal counsel from an experienced car accident attorney to ensure you receive the fair compensation you deserve.

The Role of a Car Accident Attorney

An attorney specializing in car accidents undertakes a comprehensive role to ensure you obtain just compensation for your injuries and losses. This lawyer meticulously examines the details of your car accident, collecting vital evidence such as police reports, testimonies from witnesses, and health documentation to establish a convincing claim.

This legal representative also engages with insurance firms on your behalf. These companies often deploy strategies aimed at reducing payouts. An adept car accident lawyer is skilled in these discussions to guarantee a just settlement.

Should negotiations come up short, the attorney advocates for you within the courtroom setting. Here they are responsible for introducing evidence before the court, interrogating witnesses thoroughly, and delivering persuasive arguments intended to elicit a verdict that favors you. From initial inquiry through possible court representation if necessary—your car accident attorney’s responsibilities encompass all elements related to managing your case.

Benefits of Legal Representation

Employing a seasoned auto accident attorney brings numerous advantages. Such lawyers are skilled in countering the strategies employed by insurance companies aiming to reduce settlement amounts. Victims often fall into the trap of assuming that the responsible party’s insurer will provide for them effortlessly. This is seldom true.

Securing legal representation can significantly improve your odds of receiving just compensation. A proficient personal injury lawyer strives to obtain claims for damages encompassing medical costs, lost wages, and emotional distress due to pain and suffering. In the absence of expert legal advice, you may be lured into accepting an initial offer from insurers that typically falls short of what you’re entitled to.

Retaining an attorney permits you to concentrate on recuperation as they tackle your case’s intricate details. By doing so, it ensures thorough management of every aspect pertaining to your claim thereby maximizing your chances at acquiring rightful restitution for injuries sustained during the automobile accident.

The Settlement Negotiation Process

Initiating the settlement negotiation typically involves the injured individual sending a demand letter that details their auto accident case and specifies the desired compensation. This pivotal document lays down the framework for forthcoming negotiations. An attorney’s role is essential here, as they ensure your interests are vigorously represented and every facet of your case is factored into these discussions.

Legal expertise and adept communication are crucial when engaging with those at fault and insurance companies during negotiations. Lawyers leverage critical evidence such as medical records and accident reports to reinforce your claim, which can lead to an improved stance in bargaining sessions characterized by successive offers until both parties either agree or opt for alternative legal measures.

The duration of this process can range from days to months based on how complex the situation is. Skillful negotiation conducted by your lawyer has a significant potential to secure a more beneficial resolution, guaranteeing you receive just recompense for any sustained injuries and related losses.

Settling Out of Court vs. Going to Trial

Opting to resolve an auto accident case outside of court often leads to swifter conclusions than engaging in an extended trial. Such an approach saves on costs by eliminating the need for paying expert witnesses and courtroom charges. Settlements provide more controlled results, as both sides work together to negotiate agreements they find acceptable.

In contrast, pursuing a trial might result in greater compensation if the jury views the defendant’s actions with severe disfavor. Proficient attorneys understand that showing preparedness for trial can amplify settlement figures by signaling their commitment and thorough readiness. Even after initiating a trial, it’s possible to reach an accident settlement agreement.

The choice between settling or proceeding with litigation hinges on the unique elements of each case and whether both parties are amenable to negotiating terms. A seasoned attorney is crucial in navigating this selection process, dedicated to safeguarding your interests and securing the most favorable resolution possible.

How to Choose the Right Car Accident Lawyer

Selecting the appropriate auto accident attorney is vital to achieving a positive resolution in your case. Choose a lawyer who specializes in personal injury law, as they possess the specific skills required to manage your situation with competence.

Scrutinize prospective car accident lawyers by examining their websites for an understanding of their services and approach to cases. Valuable insights can come from friends or relatives who have experience working with a car accident lawyer, so consider their recommendations. Opt for an attorney who maintains clear communication throughout the legal process and keeps you well-informed at every turn.

For assistance in finding a capable attorney tailored to your needs offering legal representation, contact 1-800-THE-LAW2 or submit an online form for a consultation. Should you encounter any uncertainties during this time, it’s wise to seek guidance from skilled legal counsel.

Costs and Fees of Hiring an Accident Lawyer

Attorneys specializing in personal injury typically operate on a contingency fee arrangement, which means their payment is contingent upon the success of your case. They are usually entitled to a portion of the compensation awarded, often ranging from 25% to 40%. Should there be a need to file a lawsuit or if the matter proceeds to trial, this percentage may see an increase.

It’s possible that clients will have to cover certain expenses upfront, like court costs and charges for securing medical records. It’s imperative that you meticulously document every interaction with your insurance company during the process of filing claims. By doing so, you can maintain detailed and precise documentation of all correspondences and agreements related directly or indirectly to your injury claims, including details about medical bills.

To ensure transparency throughout the process of making claims due specifically for injuries sustained, it’s essential that claimants keep comprehensive records encompassing each dialogue with insurers. This practice aids in safeguarding an unambiguous record replete with confirmations relevant not only but also regarding any incurred medical expenditures associated intimately with these events.

Initial Consultation: What to Expect

Maintain meticulous documentation of every exchange you have with your insurance company during the process of filing an auto accident claim. By doing so, you can guarantee that there’s an unambiguous and precise record of each conversation and agreement.

It is essential to preserve comprehensive records pertaining to all dialogues held with your insurer while navigating through the auto accident claims procedure. This action facilitates verification that you possess a definitive and faithful register of every interaction and settlement.

Ensuring detailed tracking of each communication occurrence with your insurance agency throughout the progression of claiming is crucial. Such diligence confirms the existence of a transparent and exact chronicle concerning all discussions and concurrences involved in the process.

Steps to Take After a Car Accident

Maintain comprehensive documentation of every exchange with your insurance company during the auto accident claims procedure. Doing so will help confirm that you possess an exact and transparent record of each correspondence and accord.

It’s important to systematically document all dealings with your insurer while navigating through the claim procedure, as this practice aids in keeping a precise and unequivocal log of every conversation and understanding.

Ensuring you have a detailed recording of each interaction with your insurance provider is crucial throughout the claims-handling process. This meticulous approach guarantees that all communications are clearly noted for future reference, preserving evidence of any agreements made.

Common Mistakes to Avoid After a Car Accident

Maintain detailed documentation of every communication you have with your insurance provider during the auto accident claims process. It’s crucial to do so in order to secure a precise and unequivocal record of all correspondences and arrangements.

It is essential that you meticulously track all dialogue with your insurance company throughout the duration of the auto accident claims procedure, as this guarantees an exact and reliable chronicle of each interaction and any agreements made.

Summary

In summary, hiring an experienced auto accident lawyer can significantly impact the outcome of your case. From navigating personal injury law to negotiating settlements and representing you in court, legal counsel ensures that your interests are protected and you receive fair compensation.

Remember to take immediate steps after a car accident, avoid common mistakes, and choose the right attorney to guide you through the process. By doing so, you can focus on recovering while your lawyer handles the complexities of your case.

Frequently Asked Questions

Is it worth it to hire an attorney for a car accident?

It is strongly recommended to employ the services of an attorney following an auto accident, as they possess specialized knowledge that can assist you in dealing with possible extended-term damages and guarantee the prompt submission of personal injury claims.

Securing such legal assistance is essential for obtaining just compensation for your injuries.

When should I consider hiring a car accident lawyer?

You should consider hiring a car accident lawyer if you have sustained severe injuries in an auto accident, are facing substantial medical expenses, or if your case involves multiple parties, disputed liability, or a government entity.

Doing so can help ensure your rights are protected and you receive the compensation you deserve.

What is personal injury law?

Personal injury law is concerned with cases involving individuals harmed due to another’s negligence, including incidents such as car accidents, and aims to secure compensation for the injured party.

How does a car accident attorney help in settlement negotiations?

An attorney specializing in car accidents champions your interests by utilizing evidence to strengthen your claim and adeptly negotiating with the responsible party and insurance companies to achieve a just settlement.

The proficiency of such an attorney guarantees that you receive adequate compensation for the losses incurred from the accident.

What are the costs associated with hiring a car accident lawyer?

The costs associated with hiring an auto accident lawyer primarily involve a contingency fee, which is a percentage of the recovery amount that they receive only if you win your case.

Thus, you won’t incur upfront fees, making legal representation more accessible.

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 said, it’s not always clear how plaintiff victims should interact with their attorneys to make the process smoother. Knowing the right questions to ask your lawyer about your case can make a significant difference. So, what are the top questions you should ask to ensure you’re on the right track?

Let’s take a closer look.

Why Being Open and Honest With Your Attorney Is Key to Winning Your Case

Your attorney can be your strongest ally in a legal dispute. A good lawyer not only represents you but also provides proactive legal assistance to avoid disputes. They carry the responsibility of representing you from the initial stages of litigation to its resolution. To do this effectively, they need full access to the facts of your case—both the good and the bad.

Think of your attorney as a builder crafting a custom solution for your unique situation. If they don’t know your concerns, priorities, or the challenges you face, they can’t tailor their representation to fit your needs. Transparency ensures they can anticipate potential roadblocks, minimize risks, and push for the best possible outcome.

Top Questions to Ask Your Lawyer About Your Case

Here are some key questions to ask your lawyer about your case. This list isn’t exhaustive, but these questions are likely to be helpful as you begin this process. Additionally, there are several related questions you might consider asking to gain deeper insights into your lawyer’s experience and approach.

How much will it cost to hire you?

One of the first questions to ask a lawyer after a car accident is about the cost of legal services. When pursuing personal injury cases, such as those involving car accidents, it’s essential to understand the costs involved. During your initial consultation, this is one of the most important questions to ask a car accident lawyer.

Many personal injury attorneys work on a contingency fee basis, meaning you typically don’t pay upfront fees. This means their payment depends on whether you secure compensation. Instead, their fee is a percentage of the settlement or judgment you receive.

This arrangement may motivate an attorney to seek fair compensation on your behalf. In other words, it’s a win-win dynamic for both the client and the attorney.

What are the challenges I’m likely to face in this dispute?

Every case has its challenges, whether it’s proving liability, negotiating with an insurance company, or facing a defendant who’s unwilling to settle. By asking about potential difficulties, you can get a sense of how realistic your goals are and how your attorney plans to overcome obstacles.

In some cases, other attorneys and paralegals may also be involved in handling different aspects of your case.

For example, if you’re pursuing compensation after a car accident, your lawyer might explain that proving negligence could be tricky if there’s limited evidence. They’ll also discuss strategies to counteract these challenges, giving you peace of mind about the process.

How much of a payout am I entitled to in this case?

There is no universal rule to predict compensation outcomes in a case. Every situation is unique, and compensation can vary based on factors like the severity of your injuries or the defendant’s willingness to aggressively fight the case to the end.

Additionally, understanding your lawyer’s experience in jury trials can provide insight into their ability to secure favorable outcomes.

While no attorney can guarantee a specific payout, they should provide a ballpark figure based on your damages. These may include:

• Medical expenses
• Lost wages or loss of earning capacity
• Property damage
• Pain and suffering

Understanding the potential value of your case helps you weigh your options, whether it’s accepting a settlement or going to trial. Keep in mind, though, that some aspects of your claim may evolve as evidence develops.

Is it possible to negotiate a settlement? What sort of issues could we encounter?

Though most cases are settled outside of court, there are other ways to reach a resolution beyond the traditional litigation process. Some cases utilize alternative, structured processes such as mediation, arbitration, or internal appeals. Each of these methods has its own pros and cons, making it important to discuss these options with your attorney in detail.

Most lawyers can outline general strategies for your case during the initial consultation, even if they refrain from providing specific legal advice. Settlements can save time, reduce costs, and spare both parties from the unpredictability of a trial. However, achieving a favorable settlement requires skill and strategy.

You can ask your lawyer about:

• Their approach to negotiating with the other side.
• How they’ll use factors like negative publicity or a defendant’s financial situation to push for an early settlement.
• The potential timeline for reaching an agreement.

A good attorney can explain how they plan to advocate for your interests while keeping you informed every step of the way.

What experience do you have handling similar personal injury 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. Choosing the right lawyer with the appropriate experience can significantly impact the outcome of your case.

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 can 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 the insurance company and adjusters?

Dealing with insurance companies is a critical part of personal injury cases, especially those involving car accidents. A personal injury attorney can often advise against direct communication with insurers and may handle these interactions on your behalf.

If you must speak with them, your lawyer can provide clear guidelines on what to say to avoid jeopardizing your case. This legal advice is essential to ensure your interactions with insurance adjusters don’t negatively affect your claim. It’s also important to ensure that your lawyer’s firm does not represent any other clients that might present a conflict of interest in your case.

What will you need from me as the case progresses?

One important question to ask your personal injury lawyer is what they’ll need from you to advance your case. This is crucial because your attorney may not be aware of all the details. Be thorough when communicating information so they know what documentation or evidence to request from you. Understanding which other attorneys and paralegals will be involved in your case can help ensure that all aspects are managed effectively.

Most attorneys can only work with the facts they’re given. To give your attorney the best chance of success, it’s essential to provide all the documentation and evidence they need as the case moves forward.

What evidence and documentation can be crucial?

The evidence and documentation required for your case will depend on the specific circumstances of your accident or incident. However, some common types of evidence and documentation that may be crucial for a case include:

• Medical records, including doctor’s notes, test results, and treatment plans.
• Police reports and accident reports.
• Witness statements and contact information.
• Photographs and videos of the accident scene and injuries.
• Documentation of lost wages and other expenses related to your injuries.

A lawyer can work closely with you to gather and review this evidence, and to identify any additional documentation that may be necessary to build a strong case.

We hope this list of questions to ask your lawyer about your case helps as you prepare to find the right legal support.

Asking the right questions helps you understand your case and feel more prepared for what’s ahead. While this is just a starting point, being proactive and clear with your lawyer will make the process smoother and more effective. Remember, your lawyer is there to guide you, so don’t hesitate to ask for explanations or share concerns. The more you communicate, the better equipped they’ll be to represent you.

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

If you’ve been injured in an accident, you may be able to seek compensation under the law. Navigating the legal process can be challenging, which is why working with an experienced personal injury attorney in our network can help you better understand your options.

Ready to get started? Contact 1-800-THE-LAW2 for a free consultation with a qualified attorney in our network. During this initial consultation, you can discuss the details of your case and explore your next steps. If you choose not to move forward, there’s no obligation to continue. Call us today to connect with an attorney in our network and begin your case evaluation.

We look forward to assisting you!

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