How Long After an Accident Can You File a Claim?

After a car accident, chances are that you’re feeling confused, frustrated, and anxious about having to file a claim. It makes sense that you’d feel this way. You’re not only recovering from the trauma of the accident, but there may also be complicated legal and financial issues. Whether your accident occurred in Texas, California, or elsewhere, it is essential to learn claim filing deadlines

Ready to speak to an attorney? Call us at 1-800-THE-LAW2 to connect to an experienced car accident attorney in our network. Consultation is free and confidential, so there’s no downside to contacting us for a case evaluation. Of course, right now you may just want to know about the legal deadlines affecting your claim. Let’s take a closer look at the deadlines and how they work. 

Questions that this article will help you to answer: Do you have to file an accident claim? | How long after an accident can you file a claim? | What are the statute of limitations for filing a claim in California? | What are the Statute of Limitations in Texas for filing auto accident claims? | What do you need to start a claim?

Do You Have to File a Claim After an Accident?  

If you’re in a car accident, you don’t have to file a claim for damages. It’s not required that you do so. Still, if you sustained losses, whether property damage, medical expenses, lost wages, pain and suffering, or something else, the law might entitle you to compensation. As such, it is sensible under those circumstances to sue for damages. 

Many of you are probably concerned as to whether you even have a legal claim for damages. Too often, injury victims don’t pursue compensation, even though they would be entitled to do so under the law. There are a variety of reasons: negative perception of lawsuits, concern that litigation is expensive, and the time demands of litigation. 

Don’t worry. Many of these concerns aren’t as serious as you might think. We encourage you to speak to an attorney for guidance. The experienced car accident attorneys in our network offer free consultations, and will help you identify whether your legal claim is actionable. 

If you do decide to move forward with an attorney in our network, know that representation is on a contingency basis. In other words, they don’t get paid until you do. So you essentially don’t pay ANYTHING out of pocket to litigate your case. If you secure compensation, then they take a percentage cut of your winnings. 

Car Insurance Claim Time Limits

With an attorney, you can sit back and relax, and have them handle every aspect of your claim. It sounds great, but you must seek legal assistance ASAP. Delaying too long can cause problems in ALL states. As a reference example, we’ll run through the deadline issue in two large states: Texas and California. Just know that, even if your case is in a different state, the same basic principles will apply. 

Texas Statute of Limitations For Car Accident Claims

How long do you have to file an insurance claim in Texas? Car accidents fall under the personal injury umbrella. According to the Texas Civil Practice & Remedies Code section 16.003, a personal injury plaintiff has two years from the date of the accident to file a claim. The statute of limitations applies to injuries caused by negligence, intentional actions, and wrongful death cases. If you file after the two-year deadline has passed, the case is dismissed and there is no opportunity to collect damages, such as:  

  • Medical expenses 
  • Physical and occupational therapy 
  • Prescription medication 
  • Trauma counseling 
  • Lost wages 
  • Reduced earning capacity 
  • Pain and suffering 
  • Mental anguish 
  • Emotional distress 

Texas courts honor specific exceptions to the filing deadline. One exception is if the plaintiff is currently of unsound mind or is a minor. According to Texas Civil Practice & Remedies Code section 16.001, the clock starts running when the person is either deemed mentally sound or turns 18. The other exception is when the defendant in the car accident or other personal injury case leaves the state. As per Texas Civil Practice & Remedies Code section 16.063, the clock starts when the defendant returns.  

California Statute of Limitations For Car Accident Claims

How long do you have to file an insurance claim in California? In California, car accident plaintiffs have two years from the date of their accidents to file legal claims. According to California Code of Civil Procedure section 335.1, the statute of limitations applies to negligent and wrongful acts, including those resulting in untimely deaths. If the filing concerns vehicular damage exclusively, the statute of limitations is three years from the date of the incident.  

Sometimes, car accidents involve government vehicles, such as city buses. In these instances, plaintiffs have six months to file a legal claim against the local government or municipality. There are also additional procedural issues that you’ll have to keep in mind. If you’ve delayed, however, don’t worry. There are several exceptions to the California deadlines. 

Exceptions to the Statute of Limitations in California

In the state of California, if the injured victim is a minor, the statute of limitations does not begin until their 18th birthday. If the injured victim is incapacitated, unconscious, or incapable of sound judgment, the clock doesn’t start to count down until the person is deemed mentally fit. Other exceptions include unavailable defendants, such as those who have left the state or are in prison. Bankrupt defendants may also qualify for an exception, as courts do not move forward with claims until bankruptcy processes are complete.  

The Claims Process

To begin the process of filing a claim after a car accident, you’ll want to have some initial documentation ready. For example, make sure to obtain copies of the medical and police reports. Submitting evidence as soon as possible after the accident increases the likelihood that you’ll receive timely compensation. In many cases, it’s possible to settle claims early and sidestep the uncertainty of trial litigation.  

Don’t do any of this on your own. That’s a recipe for disaster. Instead, consult a car accident attorney who can help you navigate the claims process and will represent your interests at every stage. They will also serve as a repository of knowledge, answering any questions you might have. Your attorney has a duty to handle your case in a timely manner. They are required by law to move forward with your claims before the statute of limitations expires. If you hire an attorney, you’re safe from any future procedural hiccup. 


Consult a Car Accident Attorney who can help you navigate the claims process and will represent your interests at every stage.


Call a Trusted Car Accident Attorney Today

If you need to file a car accident claim, get started today. Depending on the nature of the accident, it may be possible to secure compensation to cover medical expenses and lost wages, among many other losses. Call 1-800-THE-LAW2 today to discuss your case in detail with an experienced car accident lawyer. Consultation is free, so don’t delay!

FAQs – How Long After an Accident Can You File a Claim

How Long After an Accident Do You Have to File a Claim? 

There is a deadline that applies to every claim, known as the statute of limitations. If you do not file your claim before its statute of limitations period runs out, then courts will automatically dismiss the claim later. This can prevent you from securing any compensation. 

Bear in mind that the statute of limitations varies depending on the type of claim, and the jurisdiction in which you’re filing the claim. Negligence claims in California have a two-year deadline, for example. The same negligence claims in New York have a three-year deadline! Attorneys can help you make sense of all the complexity.

If I Go to the Hospital After a Car Accident, Who Pays?

There are several different possibilities. 1) if you have health insurance, your provider may cover the bills; 2) if you have auto insurance, you could submit a claim and try to get the provider to cover the bills; and 3) if you don’t have insurance, or if your providers are refusing to cover the costs, your attorney can get you connected to medical providers who will bill you on a contingency basis. 

What does payment on a contingency basis mean? It’s actually very useful, and not too complicated. Basically, it means that the medical provider agrees to provide care temporarily, at no cost. They will be paid later, if and when you secure compensation in your case. 

Do You Have to File a Claim After an Accident? 

You don’t have to file a legal claim after you’ve been in an accident. It’s not required by law that you pursue compensation, but if you want to secure compensation for your injuries, then it’s a strategic necessity. Be aware that there is a deadline for how long you can wait before filing a claim. This is known as the statute of limitations period. 

As for insurers, every state and policy is different. Some states, like Nevada, require that you notify the insurer immediately after an accident. Some policies require that you begin the claim procedure within 24 hours of the accident. Just don’t move forward until you’ve spoken with an attorney, as the provider could deny or undervalue your claim. 

How Long Can a Car Insurance Claim Stay Open? 

Car insurance claim regulations vary from state to state. There is no universal rule. In California, for example, a car insurance claim can stay open for up to 40 days. During this time, the provider determines whether to accept the claim. Once they make that determination, the claim stays open for another 30 days so that settlement can occur.

How Long After a Car Accident Can You Go to the Hospital?

You should go to the hospital as soon as possible after a car accident so that a physician can evaluate you and determine whether and how you’ve been injured. If you have been injured, this provides a record for evidence. Then, you can be put on a treatment plan and you’ll have a clear understanding of what sort of losses you suffered physically. 

You can go to the hospital after any amount of time after the car accident, to resolve any continuing issues or to identify new ones. It’s not uncommon to discover that you have hidden injuries even years down the line. Some injuries don’t appear until much later, as they’re not obvious in the initial stages. 

How Long Does it Take to Get a Settlement Check After a Car Accident?

Whether you get a settlement check depends on the defendant’s hostility. It also depends on the negotiation strategy employed by your attorney. In some cases, the defendant will push back hard and refuse to offer a fair settlement. You may be forced to keep plugging away at the case, potentially even threatening trial litigation. As such, the timeline for getting a settlement can vary enormously. It can take anywhere from a few weeks, to a year or more. 

Can You File a Claim Right After Getting Insurance? 

You can file a claim as soon as your insurance policy has become active. Do bear in mind that policies can differ quite a bit, so be sure to evaluate yours thoroughly. This is important, as your policy coverage may contain restrictions that are not considered standard. 

Why You Need a Lawyer Even if Your Case is Going to Settle | Injury Accident Lawyers

Many injury victims mistakenly believe that the at-fault party’s insurance company will take care of them, no fuss required. Sadly, this doesn’t usually happen. Insurance companies are for profit. They are in business to make money. If they paid everyone fairly for their claims, their profits would go down. In fact, insurance companies are notorious for engaging in manipulative strategies to avoid having to pay injured parties. 

What Can Claimants Do to Fight for Fair Compensation? 

The best decision you can make is to hire an experienced personal injury attorney. Even if you think that your case will conclude in an “easy settlement,” you still need the knowledge and skillset of a personal injury attorney to maximize the settlement amount.  

Why Do You Need a Lawyer? 

You’re not a trained attorney. That means you don’t know the ins-and-outs of detailed court procedures, let alone have the strategic experience to understand how to properly interrogate witnesses and present evidence in court. 

In fact, this depth of knowledge is considered so crucial, that American courts discourage claimants from moving forward without an attorney. It’s a choice that you’re legally allowed to make, but a foolish one – like swallowing a tube of poison to test whether it will harm you. 

Take the time to heal and recover from your injuries. Focus on your recovery. Do not concern yourself with things that are beyond your experience and training. Unless you’re a personal injury attorney yourself, you simply don’t know how to negotiate a settlement with a hostile insurance company, for example. 

What Are the Responsibilities of Personal Injury Lawyers?

The responsibilities of personal injury attorneys include: 

  • Investigate your injuries and how they happened 
  • Identify the liable parties—if there is more than one, this can maximize your compensation 
  • Hold the right parties accountable for your damages 
  • Collect evidence  
  • Research all applicable insurance policies 
  • Protect you from falling victim to the insurance company’s tactics 
  • Ensure all your damages are accounted for within your demand for compensation 
  • Prepare your case for trial if you don’t receive a reasonable settlement offer  
  • Represent you at trial, if you decide to take your claim to trial

Is it Better to Settle or Go to Trial? 

In general, an out of court settlement is preferable to going to trial. There are many benefits for both parties if they can agree to settle out of court

These benefits include: 

  • Decreased cost overall—it’s more expensive to go to court 
  • Decreased time to resolve the claim—you don’t have to prepare for trial and wait for a court date 
  • More control over the resolution of the claim—you aren’t putting the fate of your case in the hands of a judge or jury 

Injured parties can also avoid the hassle and anxiety of going before a judge and jury, while insurance companies, and sometimes clients, can preserve their reputation by not having the ordeal on a permanent and public court record. Most cases end in a settlement, due to a combination of these benefits.  

That being said, skilled attorneys understand that part of getting a “high” settlement is being ready and able to go to trial, if necessary. The threat of a trial has to be there to maximize the settlement amount

The Settlement Negotiation Process 

During the settlement negotiation, your attorney will be deeply familiar with the strengths and weaknesses of your claim. Typically, settlement negotiations begin after your attorney sends an initial demand letter to the at-fault party or their insurance company. This letter describes in detail:

  • What happened
  • Why you deserve compensation
  • Wow much you are requesting
  • And why  

Once the insurance company or their attorney receives this settlement demand letter, they will reach out to your personal injury attorney and make a counteroffer to the demand letter. This usually begins settlement negotiations. The negotiations can happen in person, at scheduled meetings, over the phone, or via email. The negotiation process can last days, weeks, months, or even longer. It varies from case to case.  

It’s your injury attorney’s responsibility to present you with the personal injury settlement offers, and to provide you with legal advice as to whether it’s an acceptable offer. In the end, YOU are the one who gets to decide if a personal injury settlement offer is acceptable. In the event that you do not receive any acceptable settlement offers, you can elect to move forward towards court litigation. 

Do bear in mind that accident settlements can be reached even after the trial starts. If you do agree to a settlement, you are required to sign a form agreeing not to pursue accident compensation for the same reason, and sometimes, to refrain from disclosing the details of the settlement.  

What Happens at a Settlement Meeting? 

Attorneys generally work through the negotiation process themselves. Usually, your attorney will ask for a settlement amount close to what was initially demanded. The defending party will likely point out a few weaknesses in your case and make a counteroffer. Your accident attorney will then point out weaknesses in their arguments, and will serve up another counteroffer. This offer-counteroffer dynamic will go back and forth until their efforts are exhausted or they reach an agreement for the value of your personal injury claim. Your attorney will let you know when it might be a good idea to accept a settlement offer.  

Speak with an Injury Lawyer Today 

Insurance companies know that claimants with legal representation are serious about getting the compensation they deserve for their injuries. They also know that personal injury lawyers know the true value of their client’s injury claim, so presenting a lowball offer won’t work. So you can increase your chances of a full and fair accident settlement by relying on an experienced personal injury attorney to represent your case. 

Call us at 1-800-THE-LAW2 or fill out our form to get connected to a qualified attorney in your area in just 10 minutes or less. Legal consultation is free, so don’t delay!

How Much Can Someone Sue for a Car Accident? | Lawyers for Car Accidents

Questions this article can help to answer: How much can someone sue for in a car accident? | What is your accident claim worth? | What is the difference between economic damages and non-economic damages? | How much does it cost to sue someone? | Why is my car accident settlement taking so long? | How long does a car accident settlement take? 

Despite safe driving campaigns and the introduction of new safety features, car accidents still occur at an alarming rate. These accidents can vary quite a bit. Some cause little to no injury, while others can lead to life altering injuries. Regardless of the extent of your injuries, you may wonder: “how much money can I sue for in a car accident?” 

We understand. You deserve to be compensated for losses you suffered after an accident. Until you speak to an experienced car accidents attorney, there is no “simple” answer. An accident attorney will listen to the factual narrative, then be able to piece together an estimation of the monetary potential in your case. 

How Much Can Someone Sue for in a Car Accident? 

There really is no limit to how much money you can recover in an auto accident lawsuit. However, that doesn’t mean that you will get as much as you ask. In all accident lawsuits, to secure compensation, you have to be able to prove your damages. If you cannot introduce evidence that supports your argument, you will not get the compensation you seek. 

Proving damages in a car accident case can be difficult, which is why injury victims turn to experienced car accident attorneys for help. Skilled traffic accident lawyers know how to identify all the damages, and also how to assess their true value. Then, to prove those damages, they take steps to gather sufficient evidence. 

Typical Car Accident Settlement Amounts

Car accident settlement amounts depend on many other factors: 

  • What area of the country you are located in  
  • The insurance policies involved and their coverage limits 
  • The assets of the person responsible for your accident 

What is Your Claim Worth? 

The value of your auto accident claim derives from your damages. Most car accident injury victims have both economic and non-economic damages that make up the value of their accident claim.  

Assessing Economic Vs. Non-Economic Damages

What Are Examples of Economic Damages?

Economic damages include: 

  • Lost wages and income 
  • Medical bills and expenses 
  • Property damage 

Economic damages are worth their face value. They are also relatively easy to establish with documentation such as estimates, bills, and receipts. 

What Are Non-Economic Damages?

On the other hand, non-economic damages are quite subjective, don’t have a face value, and lack much evidence other than possible witness testimony. Their value is typically based on the value of your economic damages in some way, such as using a multiplier related to the severity of the injuries suffered. 

What Are Examples of Non-Economic Damages?

Non-economic damages include: 

  • Pain and suffering 
  • Loss of enjoyment of life 
  • Loss of consortium 
  • Scarring and disfigurement  
  • Humiliation 
  • Mental anguish 

How Much Does it Cost to Sue Someone? 

Nothing. 

Zilch. 

Zero. 

NO OUT OF POCKET COSTS. 

That’s right. Experienced car accident attorneys typically work on contingency. What does that mean? That means that you only pay them if, and when, you win compensation in the case. They’ll take a percentage cut of the total compensation, anywhere from 25 to 40 percent, usually. This makes legal assistance extremely accessible in a car accident dispute. You don’t have to pay anything unless you win. And even when you do win, you only pay out of the money that your car accidents attorney has won for you. Really, it’s a win-win situation. 

Why Is My Car Accident Settlement Taking So Long?

Unfortunately, it can be tricky to determine precisely how long a car accident settlement will take to resolve. The person who can best answer this question is your own attorney, as they will know all the details of your case.  

How Long Does a Car Accident Settlement Take? 

Even the simplest of car accident cases can be expected to take several weeks or even months. Complex cases, such as those with multiple at fault parties, victims, or catastrophic injuries, can take a year, or more. That being said, in cases where fault is abundantly clear, a settlement can happen rather quickly. To expedite this process, contact an attorney as soon as you can after realizing you have sustained injuries in a car accident. Being cooperative with your attorney will help speed it along, too.  

Are You Ready to Talk to an Experienced Car Accident Lawyer About Your Claim? 

If you have questions about a potential car accident claim or are ready to secure legal help, call 1-800-THE-LAW2 or complete the form below. Consultation is free, and you’ll get connected to a qualified attorney near you in 10 minutes or less. Don’t delay! Get the help you need. 

How to Choose the Right Accident Lawyer for Your Claim | Accident Attorneys Near You

Topics and questions this article covers are: What does a car accident lawyer do? | How do I find the right, or best car accident lawyer near me? | What are the qualities of the best car accident lawyers? | How do I easily connect with a car accident lawyer near me?

Being in a car accident can make you feel like your life is in a tailspin, but when you hire an experienced car accident lawyer, you’ll have an advocate and guide through these difficult times. It can, in turn, make the situation much easier to manage. You might have lingering pain and need to seek continued medical care. You might not be sure how to take care of all of your bills, get your car fixed, and all the logistics that come in the aftermath of the motor vehicle collision. It’s easy to get overwhelmed. But how do you choose the “right” lawyer?  Let’s take a peek. 

What Does a Car Accident Lawyer Do? 

A knowledgeable car accident lawyer has a variety of responsibilities, and their skillset empowers your claim in a number of different ways. Their main responsibility, however, shift the burden off your shoulders and to secure a win, and in doing so, maximize your compensation

Car accident lawyers can do the following: 

  • Explain your legal rights and options and provide legal advice in plain language so you can understand 
  • Determine the value of your case 
  • Develop a persuasive legal argument and present it to the other side 
  • Gather and preserve evidence to support your claim 
  • Identify every liable party 
  • Discover ALL available sources of compensation 
  • Ensure that your case is in-sync with procedural requirements 
  • Keep your case moving in a timely manner 
  • Negotiate full and fair settlements 
  • Pursue trial litigation if a settlement can’t be reached 

How Do I Find the Right Car Accident Lawyer? 

Finding the right car accident lawyer begins with searching for lawyers in your area that might be a good fit. This can be extremely difficult, however – many lawyers pay the same marketing companies to setup their websites, and it’s not clear how to differentiate between lawyer services, experience, and advantages. 

As an individual who isn’t intimately familiar with lawyering, and how to choose a lawyer, it can feel like an arbitrary, random process to choose the right lawyer by simply exploring your local options. 

We offer a great alternative. Instead of worrying about which lawyer fits your case, we do the legwork for you. Our lawyers are experienced car accident attorneys who have signed up to take on clients through our platform. They are ready and able to take on cases like yours. When you call in or complete our online form, we connect you to an experienced, skilled local attorney – you don’t have to worry about how to choose. 

What to Look for When Hiring a Car Accident Lawyer 

That being said, even after you’re connected with an attorney, you may still want to determine whether they’re the right one to move forward with. Finding the best accident lawyer for your case really requires that you know what to look for.  So here’s a few aspects to consider: 

Reputation

Were they recommended to you by someone you know? Have they been peer-reviewed? Do they have a proven track record? Are they in good standing with your state’s bar association? Have they ever been disciplined by the bar, and if so, why? 

Practice Experience

How long has the attorney been practicing personal injury law, or more specifically, representing car accident clients? Do they only focus on personal injury or car accident claims, or do they dabble in other areas of the law, too, such as criminal, family, or estate law? How many car accident clients do they represent each year? Have they handled similar cases to yours? The more time they have spent focused on personal injury law, especially in car accidents, the better.  

Fee Arrangements

Will they charge a contingency fee or an hourly rate? How much will they charge for legal services? Most personal injury attorneys work under contingency fee arrangements, meaning you pay nothing unless or until they obtain compensation in your case. 

Communication Style and Personality

Do you feel comfortable speaking with them? How do they communicate with clients—phone, email, text? How quickly do they generally get back to clients? Do they have the time to personally handle your case now? Can you see yourself working with them for at least several months or not a year or more? Do you feel understood by them? Do they seem particularly rushed? 

Strategy

What do they see as the best strategy in your case? What do they believe are the strengths and weaknesses in your case? Do they have the professional connections and resources to manage your case? 

Characteristics of an Excellent Car Accident Attorney 

It’s also crucial to look for people-skills in a car accident lawyer. Some may be more important to you than others, but in general, an excellent car accident attorney will

  • Be compassionate and seem genuinely concerned about your situation 
  • Be patient in negotiations 
  • Be easily understood as they are an excellent communicator 
  • Be passionate and driven to obtain financial compensation for your claim 
  • Have extensive knowledge of personal injury law 
  • Have a successful professional record 
  • Provide clear guidance 
  • Be willing to build relationships with clients 
  • Work to understand your goals for your case 
  • Upon their legal advice, allow you to decide whether to settle your claim or proceed to trial 

You may not be able to observe all of these qualities when meeting with them. However, looking at Google reviews or reviews on their website or social media can help you get a feel for the type of attorney they are and could be for you. 

Are You Looking for the Best Car Accident Attorney? 

If you are looking for the best auto accident attorney to help with your claim, look no further – you’ve come to the right place. Call us at 1-800-THE-LAW2 or complete the form below.  We’ll get you connected to a reputable car accident attorney in just 10 minutes or less. Consultation is free, so don’t delay! Get your claim started today so you can get the compensation you deserve for your car accident

Should I Wait to Call a Lawyer for Car Accidents? | Auto Accident Attorney

If you suffered harm due to the negligence or carelessness of another driver, you may wonder: “should I contact a lawyer after a car accident?” The answer is an unequivocal yes. 

Motor vehicle accidents continue to plague the United States, many experts consider it a full-blown public health crisis. Recent data shows that over 46,000 individuals lose their lives every year in motor vehicle accidents in the US alone. In addition, more than 4.4 million are injured seriously enough that they need emergency medical attention. Also, the overall economic impact of road crashes comes at a $871 billion cost, with more than $380 million in direct medical costs

If you have injuries from a motor vehicle accident, you are not alone. Many, many others have gone through the same issues, or are currently navigating similar circumstances. 

Should I Contact a Lawyer After a Car Accident?  

You should absolutely contact a lawyer after a car accident, if even for a simple case evaluation. It is the most important thing you can do, and it comes at no out of pocket cost, or commitment. 

See, most car accident attorneys offer free initial consultations. During this consultation, they will assess the accident, and your injuries, to determine whether you have a valid accident claim. They’ll also provide some helpful guidance on next steps. If you feel that they are a “good fit,” you can move forward with them, then agree to have them represent you in litigation

Either way, you have nothing to lose by reaching out to schedule a consultation to discuss your situation. 

When Should You Contact a Lawyer After a Car Accident?   

You should call a lawyer as soon as possible after a car accident. In fact, they should be one of your first phone calls. Here are a few reasons why: 

Statute of Limitations

Every state has a personal injury statute of limitations. This is a deadline that mandates how long you have to file a personal injury lawsuit after a car accident. In some states, it is as short as a year or two. It can be even shorter if your injury claim is against a government entity. Keep in mind that your auto accident attorney will need time to work on your legal case before they can file a personal injury lawsuit. Therefore, the sooner you contact them, the better. They will know what statute of limitations apply to your accident case to keep it moving in a timely manner.  

Maximizing Claim Value

What are 4 insurance company tricks that get car accident victims to settle for less?

Car accident insurance adjustors have a habit of reaching out to injured claimants shortly after they file a legal claim. This is no mistake; they want to talk to them about a settlement while the getting is good. At this stage, most injured parties haven’t yet contacted a lawyer for car accidents to find out what their claim is really worth. When they receive a call from an insurance adjuster already offering a settlement, they might be happy to receive it so quickly. They might accept the settlement offer, not yet knowing their personal injury claim might be worth much more. The sooner you contact a personal injury lawyer, the sooner you will know the actual value of your accident claim and not fall for lowball settlement offers

Protecting You From Insurance Company Tactics

Insurance companies use many tactics to avoid paying claims or the full value of the claims they receive. When you speak directly with them, you leave yourself open to more of their tactics. For example, they might twist what you say. If they call you and ask how you are doing today, you might answer, “Fine.” This doesn’t mean you are healed from your injuries and living your life as usual; it just means you are fine. However, they will use something as simple as that to their advantage, arguing that you must not have significant injuries or that you are already healed since you said you were fine. Insurance adjustors might also ask for recorded statements that they can use against you. You have the right to refuse to give such a statement. When you hire a car accident attorney, you no longer need to have direct contact with the insurance company. If the insurance company needs to speak to you, your lawyer will be present to protect your rights.  

How Much Does a Car Accident Lawyer Cost? 

How much does a car accident attorney cost out of pocket?

Most lawyers for car accidents work on contingency, which means that they don’t get paid until and unless they obtain compensation on your behalf. Simply put: they only get paid if you do. 

If and when they reach a settlement or receive a court award on your behalf, they take a percentage cut of the winnings. This can vary from 25 to 40 percent, depending on a number of different factors. 

In the vast majority of cases, victims obtain significantly more compensation than they would if they handed their cases themselves. Hiring a lawyer for car accidents is a good investment, and it’s a “free” investment, too. 

Find the Best Car Accident Lawyer Near You

If you need to find the best car accident lawyer near you, you have come to the right place. Simply call us at 1-800-THE-LAW2 or complete our form to get connected to a licensed attorney in your area in just 10 minutes or less. Consultation is free, so don’t delay! 

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

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

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

When Should I Call a Lawyer After a Car Accident?

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

What to Look for in a Car Accident Lawyer

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

What Are the Qualities of the Best Car Accident Lawyer?

Experience in the Type of Law You Need Help With

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

Litigation Experience

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

Proven Track Record

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

Good Communication

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

Good Standing and Reputation

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

Is It Worth Getting a Car Accident Lawyer?

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

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

Ready to Call a Car Accident Lawyer?

Are you ready to call a car accident lawyer? 

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

What to Bring to Your Free Consultation With a Car Accident Lawyer | 1-800-THE-LAW2

This article covers what to bring to and how to prepare for a car accident lawyer free consultation.

If you have injuries from a car accident, chances are you’re feeling a bit confused, and possibly overwhelmed by the situation. After all, a serious collision can cause injuries that are not only going to impact your day-to-day life, but that also have an impact on your ability to earn an income. To top it off, navigating through insurance hurdles, paperwork organization, and possible settlement negotiations can be a lot for someone trying to heal and recover after an accident. 

An attorney can help you move forward. They can advocate on your behalf, do all the “dirty work,” and let you focus on your own healing. Ready to get connected?  Call 1-800-THE-LAW2 for a free consultation with an experienced car accident lawyer

This article can help you to answer these questions:

What Should I Expect at a Free Consultation With an Accident Lawyer? 

The initial attorney consultation can either be in person or over the phone. We find that phone consultations can be an excellent starting point, as it lets you familiarize yourself with how the attorney is likely to communicate with you over the course of representation. After all, much of the communication will occur over a distance. So, seeing how well your accident lawyer communicates over-the-phone is crucial. 

What Is Included in a Free Consultation With a Lawyer?

During the consultation, the attorney will listen to your story and will ask lots of clarifying questions. Provide all the necessary details to fully explain the incident. After hearing your story and asking questions, the attorney will evaluate your claim and let you know if they will be able to assist you.  They may even provide a projected estimate of how much the case is worth. Attorneys are not superheroes. If they promise you all sorts of guarantees, that often means they are not reputable.

Are Lawyer Consultations Confidential?

Consultations are fully confidential, so nothing you say in the meeting will leave the conversation. You can and should be completely honest.

What Questions Should I Ask at a Free Consultation With a Car Accident Lawyer? 

A free consultation provides you with an opportunity to interview a potential lawyer, too. Ask lots of questions, you want to feel comfortable with your choice. Following is a list of examples of questions to ask the accident attorney during your free initial legal consultation.

Some Questions to Ask a Potential Car Accident Attorney 

  • Do you specialize in car accidents?  What do you specialize in? 
  • How long have you been an attorney?  
  • Where did you study? 
  • How many cases like mine have you handled? 
  • What are the results you’ve had with similar cases? 
  • How long will it take to resolve my case? 
  • How much could I recover in compensation? 
  • What is your contingency fee arrangement like? 

Be prepared and ready with a list of questions you would like to ask a prospective lawyer. Once you have answers, you can evaluate if this attorney is the right fit for you and your specific situation.  

What Should I Bring With Me to a Free Car Accident Consultation? 

It’s important to be prepared, meaning: know what to bring and have all pertinent documents and information an attorney will need to begin working on your case. If you aren’t prepared and need to know what to do to help your case, that’s okay too. Your attorney will let you know what they need after the consultation. 

If you can get the documentation you need beforehand, it makes the consultation more detailed and more useful.

What Should I Take to a Lawyer?

If you can, here is a list of the documentation and items that you should bring with you to a free consultation: 

  • Identification such as driver’s license and social security card.  
  • Insurance information including your insurance card, agent contact information, insurance policy, and any documentation you have received from your insurance company.  
  • A police report from the scene of the accident is necessary as it may help the attorney identify who was at fault for the accident. You should have been provided a copy of the report from the police, but if you were not given a copy, contact the police department that filed the report.  
  • Doctors’ bills, receipts, and reports will help the lawyer assess the extent of injury, damages, pain, and suffering caused by the accident.  
  • Other driver’s information, such as contact information, driver’s license, and insurance information. 
  • Witness statements and/or witness contact information is pertinent and will help to determine fault.  
  • Estimates or bills for vehicle repairs which will help the attorney assess the amount of property damage caused by the accident.  
  • Proof of wage loss, including a list of missed days or hours of work, and any relevant pay stubs or a W-2. 
  • Photos of the accident, of damage to vehicles, and of injuries will be helpful to assess the property damage and personal injury.  
  • Camera footage if available. Sometimes, people video at the scene of an accident, or security cameras may capture an incident.  
  • Written summary of what happened – take some time to jot down details of what you remember. 
  • List of pertinent questions for the attorney. 
  • Any emails or text messages relating to the accident. 

Possibly. Something to take notes with is on our list of top items to bring to your initial legal consultation. It is wise to take notes during your meeting, the attorney may offer free legal advice and recommendations. Being prepared with the correct documentation at your free consultation helps things go smoothly, and it sets your legal case up for success. Not only will the initial consultation alleviate the stress and anxiety involved in managing the aftermath of a car accident, but if you end up hiring the attorney you meet, you will be on your way to living your best life again, mentally, physically, and financially.  

Find a Car Accident Lawyer to Help Your Case

If you are the victim of a traumatic vehicle collision and have injuries or losses due to someone else’s negligence while driving, it is wise to seek the counsel of a caring, experienced car accident attorney.

Call 1-800-THE-LAW2 to connect to the best car accident lawyer for your caseConsultation is free and confidential, so don’t hesitate!

How Much Does a Car Accident Attorney Cost Out of Pocket? | Auto Accident Lawyers

Questions that this article will help to answer: What is the cost to hire a car accident attorney after a crash | What is a contingency arrangement | How does a contingency arrangement work | What contingency fee percentage should I expect | What are the benefits to hiring a car accident lawyer based on a contingency plan | Why seek assistance after a car crash with a car accident attorney

If you’ve been injured in a car accident, chances are that you’ve at least considered the possibility of working with an attorney. You may have medical bills, lost wages, and property damages, and an attorney can help you recover compensation to cover all these different losses. 

Many injured accident victims avoid legal assistance, fearing that it will be extremely costly. This could not be further from the truth!  In most accident-related cases, it costs nothing to sue, as it is based on a contingency fee arrangement. So you don’t need to worry that you don’t have expendable cash in hand. 

Curious?  Call us at 1-800-THE-LAW2 to get connected to an attorney for a free consultation today. For now, let’s explore some of the basics of hiring a car accident attorney. 

What is the Cost to Hire a Car Accident Attorney After a Crash?

Hiring an attorney for your motor vehicle accident claim does not cost anything up front. First, most personal injury, or accident, law firms offer free consultations to get started. Using this, you can get a fresh, professional perspective on your case. And, know how to best move forward. 

Secondly, in personal injury disputes, attorneys offer “contingency-based” arrangements. This creates a win-win situation for both the injured individual, as well as the attorney. 

What is a Contingency Arrangement?

A contingency basis, or contingency fee arrangement, means that the lawyer gets paid when the job is done, and the client is paid for their pain, suffering, and damages. The American Bar Association defines a contingency fee as, “The lawyer agrees to accept a fixed percentage (often one third) of the recovery, which is the amount finally paid to the client.” 

Put simply: the attorney gets paid only when the client secures compensation. If the client doesn’t get paid, the attorney doesn’t either. This creates a dynamic where the attorney is incentivized to do the best possible work, and do it efficiently. The more that you, as the injured victim, get through compensation, the more that the attorney gets paid, as they get paid a percentage cut of your total compensation.

How Does a Contingency Arrangement Work? 

The client and attorney agree to the “percentage of the outcome” the attorney will receive once they earn an award for their client. They also agree as to how legal expenses will be handled during litigation. Expenses including:

  • court filing charges
  • travel costs
  • and witness fees

Your attorney will generally pay for these extra expenses, though you’ll want to double-check the client-attorney agreement to ensure that this is the case. You can discuss the details more during the initial consultation.

What Contingency Fee Percentage Should I Expect?

In most personal injury cases, contingency fee percentages hover around 33%. Many agreements are based on a sliding scale percentage, however. The percentage will, therefore, shift depending on:

  • The expected payout
  • How long it takes to resolve the claim
  • And the phase of litigation

For example, if the attorney takes a personal injury case, and is easily able to obtain a satisfactory settlement with insurance adjusters in a brief time, they may only charge 25%. If an attorney needs to litigate and the case begins to take on more time and effort, the percentage due will slide up and move to 33%.  

It is important to note that minimum and maximum contingency fees may vary depending on:

  • State laws in which the client lives
  • Where the attorney practices
  • Extent of the damages
  • Expected recovery amount
  • Complexity of the incident
  • Experience of the attorney

Benefits to Hiring a Car Accident Lawyer Based on a Contingency Plan

Many injury victims struggle with stress and anxiety after an accident. They may have lots of bills to pay that they simply don’t have the money to cover, and post injury lifestyle changes can be difficult to adapt to as well. 

A reliable, experienced attorney can alleviate the stress of dealing with insurance companies and bill collectors. Attorneys have the resources to help you obtain the care you need for your injuries, and even the repair work needed for your vehicle.  

Hiring based on contingency means there will be no immediate out of pocket legal costs and you will not be billed unless the attorney wins the case. A contingency plan motivates the attorney to do their best, because if they do not do their job, they will not get paid. The risk to you is low, but the potential payout can be high.

Seek Assistance After a Car Crash With a Car Accident Attorney

Did you suffer injuries in a car crash? An experienced car accident attorney can help you recover compensation for your injuries. Call 1-800-THE-LAW2 to find a car accident attorney in your areaConsultation is free and confidential, so don’t delay!

Four Insurance Company Tricks that Get Car Accident Victims to Settle for Less | Auto Accident Attorneys

Every state in the U.S. requires drivers to provide evidence of financial responsibility before getting behind the wheel of a vehicle. Most of the time, this proof of financial responsibility means proof of insurance coverage in the minimum amounts required by law. State lawmakers require this so that if an accident occurs and an at-fault driver injures or kills someone or damages their property, the victim can receive money for their accident-related expenses. It sounds relatively simple and straightforward, as it should be.  

Call 1-800-THE-LAW2 to get in touch with an experienced auto accident attorney who can help you secure compensation and battle insurance companies.

Tricks Insurance Companies Use

However, insurance companies like to complicate the matter. Why? Because while the very nature of their business is fairly paying car accident claims, doing so doesn’t serve their financial goals.

How Do Insurance Companies Make Money?

Just like any other business, they exist to make money. The more they spend on car accident claims, the less they have in their bank accounts. One of their solutions to this dilemma is to use tricks and tactics that entice car accident victims to settle for less than their claim is worth.  

4 Most Common Tactics Insurance Companies Use

Anyone filing a car insurance claim after an accident, no matter how big or small, should be aware of these unfair and often unethical practices. They should also have an experienced car accident lawyer on their side who can help identify and eliminate these tactics. So how do insurance companies try to trick you? Here are four of their most common tactics:

  1. Swoop and Settle
  2. Recorded Statement
  3. Denying Your Claim
  4. Asking for Additional and Unrelated Medical Records

The Swoop and Settle

Do insurance companies want to settle quickly? Of course, they do, but not for the same reasons you do. You want to settle quickly to pay your bills, make up for lost wages, and move on with your life. They want to settle quickly so that car accident victims don’t have the chance to meet with an auto accident lawyer to learn what their case is really worth or before they have time to realize the full extent of their injuries.  

They want to swoop in, sometimes within days of filing your claim, make you a quick offer, and have you accept. This way, you don’t know that the offer they presented you with was extremely low compared to what you could receive with a lawyer on your side. Once you accept and sign their offer, there’s usually no going back. Don’t accept any settlement offer from the insurance adjuster without speaking to a seasoned car accident attorney. It’s also important to note that you can counter-offer their settlement, but this is usually also best done with an attorney who knows the strengths and weaknesses of your claim.  

The Recorded Statement

When the insurance adjuster calls to speak with you about the accident, they will typically ask your permission to record your statement and answers to their questions. They may make it seem like it’s a requirement or that they can’t process your claim without doing so. However, this isn’t true. You don’t have to agree to or provide a recorded statement. Instead, tell them you are going to discuss your case with an auto accident lawyer first.  

By asking for a recorded statement, they can use what you say against you. They can also ask you leading questions, such as: 

  • “You didn’t see the car coming because you were looking down at your cell phone, right?” 
  • “You were driving home after a long night shift, right?” 

Or they may even just twist what you say. It’s best to hire an auto accident attorney who will speak to the insurance adjuster on your behalf. 

Delaying Your Claim

Another common car insurance company tactic is to simply delay your claim. You file your claim as soon as possible after the accident, and then it seems like nothing is happening. You call to check on the status of your claim, and the adjuster gives you the runaround or other excuses. It’s their hope that you get tired of waiting for them to process your claim, forget about it, and move on or simply agree to settle for less.

What To Do If the Insurance Company Is Stalling

When you have legal representation, the insurance company knows they can’t get away with these delays. Your attorney will ensure that there are no unnecessary delays. 

Asking for Additional and Unrelated Medical Records

The insurance company has a right to see the medical bills and records for which you are asking reimbursement or compensation. They don’t automatically have the right to see your medical records for any dates preceding the car accident. If they get ahold of such information, they could try to use it against you. So, for example, if you sent them medical records from an old back injury, they might try to say your pain and symptoms now can’t be from the car accident you just experienced but rather because of your old back injury. They will use this trick to try to deny or decrease the value of your claim.  

The insurance adjuster may also ask for additional records or information they already have just to delay your claim further.

In a Car Accident? Don’t Fall for Insurance Company Tricks, Hire an Experienced Attorney Instead

Anytime an insurance company can poke holes in your case and twist your words, they will do so.  It benefits them to weaken your claim and get you to settle for less, or even to reject it outright.  

With the help of a qualified motor vehicle accident attorney, you can avoid falling for insurance company tricks.  Attorneys are committed to helping you obtain the monetary compensation you deserve for your injuries and damages.  

Call 1-800-THE-LAW2 to get in touch with an experienced auto accident attorney who can help you secure compensation and battle the insurers.  Consultation is free and confidential, so there’s no barrier to getting started!

Electric Scooter Accidents Involving Cars | Scooter Accident Lawyer

The rise in electric scooter accidents and injuries, especially in collisions involving cars, is increasingly more common. Many vehicle drivers aren’t sure how to share the road with e-scooters, or are simply too aggressive

Have you been injured in an electric scooter crash involving a car? If so, you may have a legitimate legal claim. We encourage you to speak with an auto accident lawyer as soon as possible. Call 1-800-THE-LAW2 to get connected to experienced, local accident attorneys near you.

Electric Scooter Accident Statistics

E-scooter accidents are also known as electric scooter accidents. They frequently lead to severe injury or even death, as there is no protective frame to protect the rider or driver. In fact, nearly 50% of those involved in e-scooter accidents suffer severe injuries. According to a study conducted by the Collaborative Sciences Center for Road Safety, about 80% of fatal e-scooter crashes involve collisions with cars

Are Electric Scooters Safe?

As the electric scooter becomes cheaper and more accessible, riders increasingly join the bustling community every year. The popularity of a two wheeled vehicle can lead to some difficulties on the road, and increased risk of accidents involving cars.

More studies are being conducted to determine the effects electric scooter accidents are having on communities in which they are used, and on society as a whole. Given the dangers associated with using an e-scooter, similar to those of riding a motorcycle or electric bike, scooter riders must be especially careful as they navigate roadways in the United States.

Avoiding Electric Scooter Accidents

Don’t ignore the risks. If you were not involved in an accident while riding an electric scooter yet, take proactive steps to reduce the likelihood that it will happen. Given the severity of many e-scooter accidents, it is important to avoid them entirely, when possible. 

There are a number of ways in which you can minimize risks. They are:

  1. Inspect your scooter on a regular basis.
  2. Ride on the street, not on the sidewalk.
  3. Limit yourself to solo riding.
  4. Wear a helmet, knee pads, and other protective gear.

Regular Inspections

First and foremost, inspect your scooter on a regular basis. Make sure that it is in good working order. If the scooter doesn’t behave as you are expecting, while on the road, an accident may happen. 

Ride On the Street

Secondly, assuming your scooter is street legal, ride on the street, and not on the sidewalk. Many accidents with an e-scooter occur when riding on the sidewalk. On the street, you’ll have far more space to operate, and fewer pedestrians to avoid. Being in the street means you have to contend with cars, so pay close attention to drivers. Make yourself visible on the road, do not slip between cars, if you can avoid it. 

Ride Solo, Not in Tandem

Thirdly, limit yourself to solo riding. Riding in-tandem only increases your chances of an accident, try to minimize doing so. 

Wear a Helmet and Other Protective Gear

Finally, wear protective gear. Helmets are essential when riding an E-Scooter. It doesn’t matter if local laws require a helmet or not, you should wear one. Protective knee pads and elbow pads are also very helpful, consider using them if you can.

What To Do If You Are in an Electric Scooter Accident

Okay, so you took precautions, and safely operated a vehicle. Unfortunately, an accident happened, and it was not your fault. Multiple factors, like driver impairment or negligence, may cause a scooter crash. 

Negligent or Impaired Driving Examples

Examples of negligent or impaired driving are:

  • Inattentive driving
  • Speeding
  • Drunk driving, or driving while intoxicated

What Should You Do If You Were Injured In an Accident With an Electric Scooter? 

  1. Secure immediate medical attention if necessary. This is your first priority. 
  2. Move away from the accident site if there’s active danger in the area. An example of active danger is: traffic. 
  3. Report the incident to authorities. This information will form the basis of the police report, which is valuable evidence for your accident case.
  4. Gather contact information from eyewitnesses and the driver who hit you. 
  5. Take photos to document your injuries, the scene of the accident, and the damage done. 
  6. Contact an attorney for legal assistance.

In the days following your accident, ensure that you obtain critical medical care, and follow through with such care. Do not assume that you are not injured. To be sure, have a battery of diagnostic tests done.

Were You Injured In an Accident Involving an Electric Scooter? Find an Accident Lawyer to Help.

Accidents happen. But when they do, you’ll want to be equipped to sue and recover the compensation you’re entitled to under the law. Ready to speak to a skilled personal injury lawyer about your case? Contact 1-800-THE-LAW2 today for a free and confidential consultation.

Suing for Emotional Distress in an Accident Case | Emotional Distress Lawsuit

What isn’t always obvious when you’ve been involved in an accident or personal injury is the mental trauma and emotional distress that accompanies physical injury. Mental suffering is often hidden from view, and it is often harder to quantify and prove in a court of law, or to an insurance company.  That being said, mental trauma and distress can just as severely impact a victim’s life as a “physical” injury. 

So, can you sue for emotional distress? What does it mean to sue for emotional distressHow is emotional distress defined? And what are the steps for filing a lawsuit? Let’s explore these issues in brief.

Can You Sue For Emotional Distress?

The short answer is that suing for distress is possible. In most states, your emotional distress lawsuit must be accompanied by physical harm or physical injury component. Within some courts, as it relates to sexual harassment or assault, distress is one of the first claimed damages. 

Suing for Emotional Distress  

There are two primary types available:

  1. Intentional infliction
  2. Negligent infliction

Intentional Infliction of Emotional Distress

Deliberate actions taken by the defendant to inflict harm or cause suffering to the victim can be filed under an intentional infliction claim. For example, emotional or mental trauma caused by abuse, reckless behavior, and bullying at school or in the workplace fall under this category. 

Negligent Infliction of Emotional Distress

Unintentional actions by the defendant that in the end cause distress emotionally to the victim or the victim’s family would be filed under negligent infliction. For example, in a car accident, if the driver is under the influence and kills a child or an adult, the family members of that person would suffer emotional distress which would be part of the lawsuit. 

What Does It Mean to Sue for Emotional Distress?

Understanding Emotional Damages in an Accident Case

Emotional distress damages can manifest in many different ways. They can be long-term or short-term in effect, for example, and range in severity.  Common indicators of emotional distress include loss of sleep, depression, anxiety, fear, humiliation, psychological issues, mental instability, and panic attacks among other things. These consequences lead to damages, assuming that your life is negatively impacted.  As such, the more severe the distress, and the longer lasting, the higher your damages claim is likely to be. 

What may be distressing, or harmful, for one person may not be the same thing for someone else. In order to build a case, it is useful to assess the internal and external pressures that may not have existed before the accident.  

Documentation

Don’t focus only on your physical injuries. Be comprehensive. You’ll want to tell your doctor about the emotional, mental, and psychological symptoms you are experiencing as a result of your accident.  

Medical documentation is a core part of any successful personal injury lawsuit case. We encourage you to keep a journal to record how you’re feeling, and to record changes whenever they occur. Document all the ways that your injury affects your life and emotional wellbeing. Doing so can help “sell” the idea that you have truly suffered mental trauma, and help you and your accident lawyer form a stronger case.

What Is Emotional Distress?

Emotional Distress Definition

According to the Legal Information Institute, distress that occurs emotionally is: “mental suffering as an emotional response to an experience that arises from the effect or memory of a particular event, occurrence, pattern of events or condition. Emotional distress can usually be discerned from its symptoms (ex. Anxiety, depression, loss of ability to perform tasks, or physical illness).”  

Distress, and its consequences, can vary quite a bit depending on the type and severity of injury. For example, if you get into a car accident where you lose the ability to walk, then you likely have suffered a significant amount emotionally, due to your new limitations. 

In many cases involving severe injury, you’ll be able to negotiate a settlement, or secure a court award, that includes compensation for distress and mental suffering.

Emotional Distress Lawsuit

Steps for Filing a Lawsuit for Emotional Distress

If you are suffering from emotional or mental distress due to a physical incident, you can file a lawsuit for damages. Here are the steps to take: 

  1. Document your emotional state. Distress cases are tricky. As a result, you will need to prove emotional damages. Document how you feel and ensure your medical records reflect the same.   
  1. Obtain an attorney. Contact an attorney who specializes in U.S. civil law to help you sort out answers to questions and build a case that can be won. 
  1. File a lawsuit. Once you and your lawyer have a game plan and all the evidence, you can file the lawsuit against the defendant. 
  1. Prepare for what is next. If the defendant chooses to settle out of court, it is easy from there. If the defendant chooses to fight the lawsuit, you will likely go to trial in court. Your lawyer should be able to walk you through this process. 

Find a Lawyer Near You Today

Accidents happen every day. If you have suffered a physical injury and believe that you have also suffered distress and trauma as a result, we encourage you to consult a qualified accident lawyer. 

Get in touch with an experienced injury accident attorney who can advocate on your behalf. Contact 1-800-THE-LAW2 today for a free and confidential consultation

Hit by a Skateboarder? You Can Sue | Accident Lawyer

Skateboarder culture has grown and changed many times since its inception, from the iconic 1970s “dude” culture to the “extreme sports” culture of the 1990s. Despite these many changes, skateboarding has always been plagued by risk of serious injury, and in some cases, even death. This isn’t limited to the person skateboarding, it’s possible to seriously hurt others, too. Unfortunately, skateboarders have long embraced these experiences as a rite of passage. This dismissive approach to injury continues to impact skateboarding. For example, wearing a helmet is often discouraged, arguments to this day are made as to why those skateboarding should not wear a helmet! 

Skateboarder Accidents with Pedestrians

This carefree attitude towards safety can put pedestrians at risk. It should come as no surprise that in 2022, we can expect hundreds of thousands of skateboarding-related injuries in the United States alone. If you’ve been injured by a someone on a skateboard, scooter, or electric scooter, we encourage you to speak to a personal injury attorney. They can help you understand your rights and potential next steps. You may be entitled to compensation, so don’t resign yourself to your circumstances. Explore your legal options. 

Call 1-800-THE-LAW2 to schedule a free consultation with a personal injury attorney in your area.

A Pedestrian In A Skateboarding Accident 

Imagine that you’re walking down the street, heading to the local corner store for some groceries.  Suddenly, a skateboarder speeds by. In attempting a trick, he recklessly collides with you. The collision causes you to suffer injuries; naturally, you’re upset. After all, shouldn’t the person on the skateboard be riding on the street, and not on a crowded sidewalk designed for pedestrians? 

You may be wondering: Can I sue the skateboarder who hit me? 

Likely yes. But, developing a winning pedestrian injury lawsuit takes more than just a legitimate claim.  To succeed in obtaining compensation, you’ll have to show that the other person was liable and actually caused your injuries. And, you’ll also have to show that you did suffer the injuries that you claim. Lawsuits can be complicated, so you’ll want a seasoned personal injury lawyer by your side throughout these proceedings. 

How Negligence Works 

Most skateboarding accident claims involve “negligence.”  Specifically, the negligence of the skateboarder who hit you. But what does this entail? 

Negligence as a concept is a combination of four elements: duty, breach, causation, and damages. These are put together as follows: if a person violates or breaches their duty towards you and causes injury and damages as a result, then they are liable to you as the victim. This liability leads to financial compensation.

In the skateboarding context, a skateboarder owes a duty of care to others, including pedestrians. They must use their skateboard in such a way that it minimizes the risk of injury to others. If the skateboarder violates this duty, perhaps by recklessly weaving in and out of pedestrian traffic, and as a result collides with you and causes injury, then you could sue them for negligence. 

Proving negligence isn’t always easy. That’s where a skilled and experienced personal injury attorney comes in. They will review your situation and determine whether you have a viable case. After doing so, they’ll come up with the best “strategic plan” for securing compensation from the skateboarder who harmed you.

What To Do If You’re Hit By A Skateboarder 

If you’re injured in a collision with a skateboarder, make sure to secure your health and safety first.  There’s a time and a place for handling legal matters. If you have an actual medical emergency, then do not delay, make your way over to a hospital as soon as possible and get the medical care you need to recover. That being said, if your injuries are not severe and do not require immediate medical attention, then there are important steps you can take to strengthen your impending lawsuit

While at the accident scene, gather as much contact information as you can. Don’t just get the name and contact information of the skateboarder, speak to eyewitnesses and get their information. These witnesses will corroborate your side of the story, increasing the likelihood that you win your case. 

Finally, take photos of both the accident scene and your own injuries. You should also document your injuries over time, taking pictures everyday to show the development of the injury. These photos, along with test results and documentation from your doctor about your condition, will aid your case. 

Find a Personal Injury Lawyer to Help 

Skateboarding injuries happen quite frequently, but the “casual” nature of skateboarding may convince injured persons to simply move on. The truth is, if a skateboarder crashes into you and you suffer injuries, it’s likely that you can sue for damages. To improve your chances of winning the case (and to maximize the compensation you receive), you’ll want to work with a skilled personal injury lawyer who has experience handling skateboarding accident disputes. Contact 1-800-THE-LAW2 today for a free and confidential consultation.

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