What issues will I face in
making a personal injury claim for injuries sustained in an automobile
accident?
What should I do if I am involved in a car accident?
An insurance company is offering me a nice settlement. Should I
take it?
If I rear-end another vehicle am I at fault?
My doctor notified me that I have a permanent injury as a result of
my automobile accident. What does this mean?
What should I do if I was in an automobile accident and I did not
feel hurt at the scene but experienced pain afterwards?
If was hit by a commercial vehicle is the employer also
responsible?
If I have been injured in an automobile accident will I have to go
to court to get a fair settlement?
If I was injured in a car accident do I need to hire a lawyer or
can I handle the claim myself?
What issues will I face in making a personal injury claim
for injuries sustained in an automobile accident?
A claim for injuries sustained in an automobile accident is usually based
upon carelessness or negligence. In worse case scenarios, it is based on an
intentional or reckless act. The issues that typically arise in a tort claim
after an automobile accident are the following:
- Liability – who is at fault and to what degree?
- Damages – injuries or losses that were caused by the accident.
- Insurance Coverage – what the insurance company will pay for after an accident.
Click here for a free Car Accidents claim review.
What should I do if I am involved in a car accident?
If you have been involved in a car accident you should:
- Stop. If you get in a crash, you must stop. If you leave, you will
be committing a crime knows as a "hit and run". You must stop if you hit
property, animals or pedestrians. Remain calm.
- Call for help. If someone is injured, call 911. If not, your first
call should then be to the police. The police will advise as to whether the
crashed vehicles should be moved out of traffic, and will take statements
from the drivers and passengers involved.
- Call your insurer. As soon as you are able, call and file an
accident report. You should also notify the other driver's insurer of the
accident.
- Don't sign anything. If an insurance adjuster shows up at the
scene, do not give any statements and do not sign anything.
- Gather information. Get the names, addresses and phone numbers of
everyone at the scene, especially witnesses.
- Go see your doctor. You may have injuries of which you're unaware.
If you are examined by a doctor, make sure you are specific in explaining
how the accident happened and any and all injuries and problems you
sustained as a result.
- Call an attorney. If you've been injured, you will want a lawyer to make sure you receive a fair settlement from the insurance company. Also, proving to another driver's insurer that its policyholder caused the accident might require the services of an attorney.
Click here for a free Car Accidents claim review.
An insurance company is offering me a nice settlement.
Should I take it?
You should not take any settlements offered by an insurance company without
first speaking with an experienced auto accident lawyer at Barry & Loewy LLP.
Remember, that the claims adjuster works for the insurance company – it is their
job to protect the interests of their employer. Who is protecting your
interests?
The insurance company will typically offer minimal amounts of money in return for your signature stating that you will not sue. This usually happens rather quickly after the car accident takes place. Insurance companies will often discourage you from obtaining a lawyer so they can pay less to resolve your claim.
Never take an insurance check or sign anything without first consulting an attorney. You can jeopardize potential compensation you are due, and waive important rights that help to protect your interests.
Click here for a free Automobile Accidents claim review.
If I rear-end another vehicle am I at fault?
Typically, yes. Texas law states that you must maintain a safe distance to
be able to stop safely if a car stops in front of you. However, there are some
exceptions, particularly if the other driver makes a sudden and unexpected stop,
or if you are involved in a chain reaction.
Keep in mind that a car accident is not always solely one person’s fault. In states that recognize ‘comparative negligence’ laws, each party may be held accountable for their role in the accident. After determining the percentage of fault by each party, the compensation by the insurance company is adjusted accordingly. Over two thirds of the states employ this rule to resolve car accident injury claims.
If you have been injured in an auto accident, we encourage you to consult with an experienced injury attorney at Barry & Loewy LLP.
Click here for a free Car Accidents claim review.
My doctor notified me that I have a permanent injury as a
result of my automobile accident. What does this mean?
A permanent injury is one that is going to either be with you for the rest
of your life or for some period beyond the settlement of the claim. In most
cases, the injured party is entitled to compensation from the at-fault party or
their insurance company for all medical bills incurred to date and into the
future for all injuries caused by the accident.
Click here for a free Auto Accidents claim review.
What should I do if I was in an automobile accident and I
did not feel hurt at the scene but experienced pain afterwards?
Auto accident victims should seek medical attention as soon as possible if
they believe they are injured. Even if you think your injuries are only minor,
you should immediately consult your medical provider regarding any discomfort,
pain or possible injuries from the car accident. Even if you did not complain of
injuries at the scene of the car accident, if you were injured in the accident,
you may be entitled to payment of your medical bills and lost wages. For certain
injuries where the other party is at fault, you may also be compensated for your
pain and suffering and loss of earnings capacity.
Car accident injury claims typically depend on medical records linking the car accident to the injuries sustained. If there is a time lapse between the auto accident and the treatment, it can be more difficult to prove your claim. To protect your health, in addition to your legal rights, it is important to seek proper medical treatment promptly when you are injured.
Can I still recover damages if I was not wearing a seat belt at the time of
my car accident?
In most states it is the law for both drivers and vehicle passengers to wear a
seatbelt. If you were not wearing your seatbelt, this can have a negative impact
on your ability to recover full damages for your injuries. Since people suffer
more severe and complicated injuries when they are not wearing a seat belt,
potential compensation can sometimes be reduced accordingly. However, it is
important to understand that seat belt or no seat belt – it is the ‘fault’ of
the negligent party that is the primary determining factor in personal
injury/car accident lawsuits.
Personal injury laws, and the statutes that govern applicable compensation amounts and limits, vary from state to state. Only an experienced personal injury lawyer can thoroughly review all the factors that might influence your claim. Contact Barry & Loewy LLP today to discuss your case.
Click here for a
free Car Accidents claim review.
If was hit by a commercial vehicle is the employer also
responsible?
It is possible that the employer may be responsible. The employer may be held
liable for the negligent behavior of their employee under the doctrine of
vicarious liability. Vicarious liability is where the company is responsible for
negligent acts committed during the course and scope of normal activities in
service to the company.
In the course of car accident litigation, one party may not have enough insurance or resources to compensate the victim for all injuries/damage sustained. An experienced auto accident attorney at Barry & Loewy LLP can help to identify all potential sources of compensation to help ensure that their client’s needs are cared for.
Click here for a free Automobile Accidents claim review.
If I have been injured in an automobile accident will I
have to go to court to get a fair settlement?
The majority of car accident cases are settled out of court. An attorney at
Barry & Loewy LLP will work with the insurance companies to try and obtain fair
compensation, but if an agreement cannot be reached, your attorney will be
poised to fight your case in court.
Remember, that the claims adjuster works for the insurance company – it is their job to protect the interests of their employer. Who is protecting your interests?
Contact an auto accident attorney today at Barry & Loewy LLP to thoroughly review your options, and to identify an effective legal strategy to win your case! Click here for a free Car Accidents claim review.
If I was injured in a car accident do I need to hire a
lawyer or can I handle the claim myself?
The law does not restrict you from handling your own claims. However,
you should keep in mind that the insurance companies and the insurance company
attorneys are trained professionals. It is their job is to resolve the
potential "liability" by paying as little as possible to you. Insurance
companies are just that - companies. They, like most businesses, are in
this business to make a profit for their owners and shareholders.
Many valuable rights were lost because the injured person believed what he
or she was told by the insurance company.
For more information, please see our page on Car Accidents.
If you have additional questions, Click here for a free Auto Accidents claim review.
