Archive for auto accident

What You Must Know About Car Accident Lawsuit

What You Must Know About Car Accident Lawsuit

Have you or your loved one been injured in a car accident? Filing a lawsuit may be in your best interest. However, it would be wise to understand your rights before moving forward. Take note of timelines and legal requirements to ensure you get the best compensation for your personal and property damages.

The Deadline for Filing Your Car Accident Lawsuit

Each state has unique laws and deadlines. They determine how long legal proceedings should be initiated after a car accident. This timeline is a statute of limitations. It is the maximum timeline for a party to go to court and initiate legal proceedings. This typically takes one to six years.

The deadline for filing your claim isn’t the same as filing an accident claim under your insurance. Most policies require that you make claims as soon as possible. Reach out to your insurer for more details of your policy requirements.

Should You File an Auto Accident Lawsuit?

Many car accident lawsuits can be settled before filing the lawsuit. Most of them are settled before a court hearing. You typically have the opportunity to settle your claim before filing a lawsuit. This way, you can avoid expensive legal costs, litigation stress, and time.

However, you may need to go to court if there is a dispute over critical evidence. It could include proving the plaintiff’s guilt or the extent of their injury. Many states have negligence laws. In other words, the insurance company that caused the accident must compensate for the damage.

Twelve states have no-fault laws. This is to say that your insurance should cover your injuries regardless of who is at fault. However, sometimes it is necessary to sue the perpetrator of a traffic accident. You may receive lower settlement offers that do not cover all property damage and personal injury costs. The offer may not take into account actual and projected long-term medical costs. You should file a lawsuit if your loved one died wrongly in an accident.

Potential Damages In a Car Accident

If you file a lawsuit, you could receive compensation for:

  • Permanent disability and disfigurement
  • Medical expenses
  • Pain and suffering/mental anguish
  • Property damage
  • Lost wages/earning potential
  • Loss of affection or companionship from a spouse

The amount you receive in damages for a car accident depends on the extent of property damage or severity of your injury. The more severe the injury, the higher the compensation should be.

Mild soft tissue injuries, for example, will fetch less compensation than concussions. In addition, soft tissue injuries may be more difficult to establish than broken bones.


Why Attorneys Can Help With Car Accident Claims

Nobody likes being involved in a car accident, but unfortunately, they do happen. However, knowing what to do afterward can save you a lot of headaches, and having an attorney can help.

Most people are aware that they should exchange insurance information with the other driver after an accident, but what many people don’t realize is that this is just the beginning. If you’ve been injured in the accident, you will likely have to deal with insurance adjusters who will try to minimize the amount of money that you receive for your injuries.

Additionally, if the other driver was at fault, their insurance company may try to place some of the blame on you in order to avoid paying out a large settlement. An experienced car accident attorney can help you deal with all of this. With more than three million injuries every year from car-related crashes, it’s important to have this information at-hand.

Auto Accident Attorneys Have The Right Knowledge

The last thing you want is to be held accountable for something you didn’t do or to receive less money than you deserve because the insurance company took advantage of you. Additionally, if your case does go to court, having an attorney by your side who knows the ins and outs of personal injury is always in your best interests. If you are due for monetary compensation, they can help you get it.

More Payout For Damages

These individuals can help you understand all the elements of your case that you may make a claim for should it go to court, as well as any settlements you may negotiate.

For example, you may be able to include the following in your claim:

  • Lost wages from time taken off work
  • Property damage
  • Medical bills
  • Emotional trauma

Every case is different, but having someone who has training and experience in the legal system by your side can help ensure that you are fairly compensated for car damage and personal injuries. Trying to get an insurance payout on your own or even being successful in a trial without an attorney is possible, but is certainly more difficult. If you have involvement in a car accident, the best thing to do is seek legal counsel as soon as possible.

$10.7M Payment Ordered by Jury in Traumatic Brain Injury Case

In June 2017, a Los Angeles jury awarded $10.7 million to a young girl after determining that her traumatic brain injury was caused by an auto accident. The girl, who was ten years old at the time of the accident, received the verdict following unsuccessful settlement negotiations in which her lawyers asked for $2.25 million and the defendant countered at $1.25 million. Economic damages made up $6.78 million of the judgment, with the remainder awarded for non-economic damages.

The driver of the vehicle that struck the car in which the young girl was a passenger admitted his guilt in the accident. His lawyer argued that the girl had a pre-existing intellectual development disability that led to her brain injury. The girl’s attorney argued that while the girl did have a learning disability, it was the accident that caused the brain injury and led to an 11-day stay in a pediatric intensive care unit.

After a nine-day trial, it took the jury just two days to order the verdict in favor of the girl.

California law dictates that even if a plaintiff is unusually susceptible to injury, defendants cannot avoid their liability if they are responsible for injuries from car accidents in which they were at fault. While the girl in this case may well have been more susceptible to a traumatic brain injury because of her learning disability, this determination is not relevant in terms of whether the defendant had to pay for her injuries.

Defendants in California cases are not liable for damages related to a pre-existing condition, but they are responsible if that condition worsens or is aggravated. In this case, the girl suffered from moderate but permanent brain damage that was a direct result of the auto accident. The fact that she already had a visual processing disorder did not play into the jury’s decision under California law, as it was clear that the accident caused additional harm. The $10.7 million judgment against the defendant is to cover the costs the young girl will incur over the course of her lifetime due to her traumatic brain injury.