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Archive for injured in car accident

Do I Need a Lawyer After a Car Accident That Wasn’t My Fault?

Posted by David Brown 
· May 2, 2024 

Do I Need a Lawyer After a Car Accident That Wasn’t My Fault?

Car accidents can be overwhelming and distressing experiences. Even more so when you’re not at fault. In such situations, it’s natural to wonder whether you need a lawyer. After all, if the accident wasn’t your fault, shouldn’t the responsible party’s insurance cover everything? While that may seem logical, the reality is often more complicated. Let’s delve into why seeking legal counsel after a car accident, even if you’re not at fault, can be beneficial.

Firstly, it’s essential to understand that insurance companies, while there to provide coverage, are still profit-driven entities. Their primary goal is to minimize payouts, which can sometimes leave you with less than you deserve. This is where having a lawyer on your side can make a significant difference. A skilled attorney understands the tactics insurers use and can negotiate with them on your behalf to ensure you receive fair compensation for your damages.

Furthermore, the aftermath of a car accident can involve complex legal processes and paperwork. From filing insurance claims to gathering evidence and negotiating settlements, there are numerous tasks that need attention. Without legal expertise, navigating these processes can be daunting and may result in errors that could jeopardize your case. An experienced lawyer can handle all aspects of your claim, allowing you to focus on your recovery without added stress.

Another crucial reason to consider hiring a lawyer is to protect your rights. Insurance companies may try to pressure you into accepting a quick settlement, hoping you’ll settle for less than you deserve. Remember, once you accept a settlement, you typically waive your right to seek further compensation, even if your injuries worsen over time. A lawyer will ensure that your rights are safeguarded and that any settlement offered adequately reflects the full extent of your damages, including medical expenses, lost wages, and pain and suffering.

Additionally, if liability for the accident is disputed or if the other party’s insurance denies your claim, having legal representation becomes even more critical. A skilled attorney can investigate the accident, gather evidence, and build a strong case to support your claim. They can also represent you in court if litigation becomes necessary, advocating for your interests every step of the way.

It’s also worth noting that personal injury laws vary by state, and navigating these laws without proper legal guidance can be challenging. A lawyer who is well-versed in the laws governing car accidents in your state can provide invaluable insights and ensure that your rights are fully protected under the law.

While it may be tempting to handle a car accident claim on your own, especially if you believe you’re not at fault, seeking legal counsel is often in your best interest. A qualified attorney can help level the playing field against insurance companies, navigate complex legal processes, protect your rights, and ensure you receive the compensation you deserve. So, if you find yourself asking, “Do I need a lawyer after a car accident that wasn’t my fault?” the answer is likely yes.

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The Top Benefits of Working With a Personal Injury Lawyer Following a Car Accident

Posted by David Brown 
· December 20, 2022 

Even though you probably put safety at the top of your priority list every time you get behind the wheel of a car, a car accident can happen at any time. Not everyone drives as safely as you do, and even a minor accident can result in serious injuries. You may feel like you can handle everything on your own, but it is important for you to work with an experienced personal injury attorney. There are several benefits of having legal support in your corner.

First, there is a chance that the insurance company may not pay out your claim. If the accident was not your fault, then the insurance policy held by the other driver should cover your expenses and medical bills. What happens if the limits of the policy are not enough to cover all of your expenses? You should not be responsible for the remaining bills, and a lawyer can pursue compensation on your behalf.

Furthermore, there might be some debate regarding whose fault the accident was. You need a lawyer who has experience handling motor vehicle accidents. That way, you can make sure that your voice is heard, and you can ensure that blame is properly assigned following the collision. You should not be blamed for an accident that is not your fault.

Following a motor vehicle accident, you deserve to focus all of your attention on your medical recovery. You do not want to be saddled with paperwork, but there will probably be a lot of people reaching out to you. For example, there might be a collision center that wants to provide you with information regarding the status of your vehicle. Your insurance company, as well as the insurance company of the other driver, may have some paperwork they want you to fill out. This can make it difficult for you to figure out what to do next, and you need a lawyer who can handle all of this for you.

If you work with a personal injury lawyer, you can ensure your rights are adequately protected while also pursuing compensation to which you are entitled. You should always see a doctor following a car accident, but don’t forget to reach out to a personal injury attorney as well.

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What Is the Average Whiplash and Concussion Settlement?

Posted by David Brown 
· September 20, 2022 

A car accident can leave victims with painful injuries that affect their lives in almost every way. It also means they face extensive medical bills and long treatment times that keep them from working. Two of these common car accident injuries are whiplash and concussions.

If you’re one of the millions of people who are suffering from whiplash or concussion after a car wreck, you’re probably wondering how much a legal claim may be worth. Here’s what you need to know about claim settlements for these types of injuries.

What is whiplash?

Whiplash is a common injury after a motor vehicle collision that results from the neck being snapped forward and then backward quickly and forcefully. It affects the muscles, nerves, and spinal joints in the neck—causing pain and numbness. Common symptoms include:

  • Shoulder and back pain
  • Stiffness in the neck
  • Headache
  • Dizziness
  • Arm numbness and tingling

What is a concussion?

A concussion occurs when there is an impact that causes a sudden back and forth movement of the head and brain. The brain will often bounce against the skull, causing a brain injury known as a concussion.

Concussions are considered to be a traumatic brain injury (TBI) and can cause:

  • Pressure in the head
  • Dizziness and balance issues
  • Nausea and vomiting
  • Feeling sluggish or confused
  • Memory or concentration issues

What is the average car accident whiplash or concussion settlement?

Whiplash and concussion settlements can vary greatly depending on the severity of the injury and the impact it has on the victim’s life. On average, a minor car accident whiplash claim can settle anywhere from $10,000 to upwards of $100,000.

However, a more catastrophic case of whiplash or concussion can settle for $1 million or more. Again, it varies based on how the injury affects the victim and for how long.

What factors affect the settlement amount?

Several factors can affect an injury settlement amount that fairly represents the accident victim’s losses. You may be able to claim compensation for the following damages after suffering whiplash or a concussion:

  • Medical bills
  • Property damage
  • Surgical and treatment expenses
  • Lost wages
  • Future medical care
  • Pain and suffering
  • Permanent impairment

The more severe the injury, the more you can expect in a legal settlement. This also applies to the pain and suffering you’ve endured as a result of the accident. Typically, pain and suffering compensation is commensurate with actual financial losses.

Speak with an experienced car accident attorney to see if you qualify to take legal action for your whiplash or concussion injuries after an accident.

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What You Must Know About Car Accident Lawsuit

Posted by David Brown 
· August 4, 2022 

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.

 

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Injured Woman Sues Police after High Speed Chase

Posted by Jen Petersen 
· May 19, 2016 

Wilkes-Barre, PA

A Pennsylvania woman is suing both the city and two local police departments after being severely injured in what she claims was a mishandled car chase. During a Friday afternoon rush hour back in November, 2014, Donna Jackson’s car was allegedly struck by the vehicle of another victim of the three-car pile-up, sustaining what she claims are serious injuries.

The chase began after (now convicted) Douglas Johnson, 54, stole a 2007 dodge sedan from a local gas station. Several days later, local police spotted Johnson driving the stolen vehicle, and tried unsuccessfully to make him pull over. Sources say that Johnson then drove “dangerously and erratically,” over streets and sidewalks, with the police in hot pursuit. The chase ended when Johnson drove through a red light at the Wilkes-Barre intersection of River and West Market Streets, hitting a bystander’s car, which then hit the plaintiff’s vehicle. Jackson’s complaint states that, “Despite Johnson’s ‘aggressive driving actions,’ [the police] pursued Johnson, exceeded applicable speed limits, disregarded traffic signs and signals, failed to follow the rules of the road, and improperly pursued Johnson Jackson-high-speed-pursuit-quotethrough residential neighborhoods and commercial districts — on a Friday afternoon during rush hour.”

Jackson asserts that her alleged injuries, including “a traumatic brain injury, brain bleeding, memory loss, herniated disks, sight problems, and pain,” occurred as a direct result of police “improperly initiating and negligently maintaining the high-speed pursuit of Johnson in a manner inconsistent with policy, procedures, and law.” An affidavit filed by the police pursuer, Hanover Township police Officer Thomas Farver, primarily agrees with Jackson’s account of the geography and circumstances of the chase, but Jackson’s lawsuit goes further in assigning blame to the police for “improperly” entering the high-speed chase.

Representatives for the defendants, including spokeswoman for the city of Wilkes-Barre, Tyler Ryan, and Hanover Township police Chief Albert L. Walker, have not publicly commented on the lawsuit, each citing the grounds that it would be “improper” to comment on “pending litigation.”

The lawsuit, presented by Jackson’s attorney, Neil T. O’Donnell, seeks damages over $50,000 for what she claims has been a grueling process of medical treatment for her sustained injuries, as well as lost income, pain, and suffering. The complaint indicates that a full-recovery might not be possible for Jackson.

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7 Tips if You’ve Been Injured

Posted by Jen Petersen 
· March 3, 2015 

Many people feel that America has become too eager to sue. Those same people often change their minds when they are faced with mounting medical bills and they must miss work or live in constant pain because they have been injured through the negligence of others.

It is not fair to have your life path changed, perhaps permanently, because someone else was delinquent in some way. Here are seven tips to guide you in finding someone to offer legal advice if you have been injured through the negligence of other people:

  1. Use referrals to find a good personal injury attorney. Not all attorneys have the same skill set, so talk to people and find the best attorney for your case.
  2. Don’t just assume that your injury was just one of those things. The legal definition of negligence is best decided by a legal professional. Most don’t charge for an initial consultation. Find out if your injury falls under a category of negligence before giving up and moving on.
  3. Consult a physician as early in the process as possible. Have documentation that your pain and suffering were caused by a specific situation so your attorney can link your discomfort to the event. It is in some people’s nature to try to tough things out when injured. An injury when someone else is to blame is not the time to do that. Delaying a visit to a doctor could give the other side evidence that the injury happened at a later date.
  4. Work upon the advice of your attorney to determine the amount you should seek. Sometimes the injured person either believes an injury might be an ATM, or they might only consider actual medical bills. An experienced attorney can guide the injured part by evaluating medical bills, work missed at the time of the injury and in the future, pain and suffering, and possibly altered lifestyle and level of negligence by the other party. All of these issues are important in finding an amount to pursue.
  5. Don’t speak to the at fault party’s insurance company until you have retained an attorney. Consider the job of the other side’s attorney: They seek to make as few and as small payments as possible. They will ask questions that sound innocent to a layman, but can influence the amount their client has to pay in the event their client is at fault. Don’t believe a conversation with an insurance company is something you can handle without an attorney to accompany you.
  6. Ask your attorney if they will be the person handling your case, and if not, ensure the person who will be handling the case has done this kind of work before.
  7. Find out how much of a settlement your attorney will take. You need to have the attorney’s share clarified before signing on with them, and find out if you owe money if you are not awarded money by the court.

No one wants to be hurt. If you are, there are contingencies that will allow the injured party to receive compensation to protect themselves and their loved ones. If you find yourself in that situation, seek out a qualified attorney before you go forward.

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