Getting into a car accident might mean that you need to pursue a car accident settlement. Injuries can require expensive treatments. The accident might leave you disabled and unable to return to work. If you have suffered an injury in a car accident, you need a lawyer.
Contact a knowledgeable car accident lawyer after a crash. You deserve to have the support of a legal team behind you as you pursue compensation. Do not hesitate to call a Fairfax car accident attorney today.
How Often Do Car Accidents Happen?
Car accidents happen every day across the country. According to the National Highway Traffic Safety Administration, 40,000 people died in car accidents in 2020.
Millions of car accidents happen annually across the United States. Car crashes happen for various reasons, including:
Adverse Weather
Bad weather can contribute to car accidents. Rain, snow, ice, and other poor weather can cause serious accidents.
Reckless Driving
Reckless driving includes aggressive behaviors, such as tailgating or changing lanes without signaling, which can lead to a car accident. A reckless driver might negligently cause a traffic accident and face legal responsibility for causing the crash.
Driving Under the Influence
Driving under the influence of drugs and alcohol impairs the driver’s judgment and ability to maintain control of the vehicle. Drinking or using drugs before getting behind the wheel of a car significantly increases the risk of a crash.
Speeding
Speeding is one of the most common causes of traffic accidents in the United States. Driving over the speed limit reduces reaction times and decreases the driver’s ability to control the vehicle, which can lead to severe accidents.
Distracted Driving
Distracted driving includes any activity that distracts the driver from driving. Examples include using a phone, texting, adjusting music or GPS, and talking to passengers.
Fatigued Driving
Drowsy driving can cause a car accident. Getting behind the wheel while sleepy can cause a devastating accident in the blink of an eye. It only takes a moment when a driver closes their eyes and loses control of the vehicle, causing a fatal accident.
Bad Road Conditions
Bad road conditions can lead to car accidents. If a poorly maintained road caused the crash, you might have a claim against the government. Contact an attorney to discover your rights to collect compensation from a government entity.
No matter what caused the crash, you need the support of a qualified legal team to get the full and fair compensation to which you may be entitled. Call a car accident attorney to learn more about your right to recover damages after a crash.
Stages of a Car Accident Settlement
Each stage of the car accident settlement process is critical and should be taken seriously. Speak with an attorney if you have questions about the specifics of your case. Generally, car accident settlements go through the following steps:
Initial Consultation
The first step to getting legal representation is an initial consultation. This beginning step of your case is important because your attorney learns the basics of your case during a consultation.
Investigation
During the investigation stage of your case, your legal team will gather pertinent information and evidence to help you get the full and fair compensation you deserve.
Notifying The Insurance Company
Your insurance policy might require you to inform the insurance company immediately about the accident. It is wise to talk to a lawyer before speaking to the insurance company, even if it is your insurance company.
Filing a Claim
An experienced car accident attorney will help you properly file an insurance claim after an accident. Working with an attorney is the best way to ensure you are not taken advantage of by a large insurance company.
Negotiations
Settlement negotiations happen between your legal team and the insurance company before formal legal action is taken. Many car accident cases are resolved during the negotiation phase.
Litigation
If your case is not settled during the negotiation phase, your attorney can file a lawsuit and take your case to trial. Lawyers can provide valuable guidance and insight during the litigation process.
Payment of Claim
After successfully negotiating a settlement or winning your case in court, the final step in the car accident recovery process is receiving your payment.
What Affects The Timeline For a Car Accident Settlement?
Many external factors influence the timeline of your car accident settlement. Some common occurrences that can affect how long the car accident settlement process can include the following:
Severity of Your Injuries
When a car accident causes severe injuries, then it might take a substantial amount of time to heal fully. Many car accident attorneys will advise against settling your claim before you are fully healed. So, the longer that it takes for you to recover from your injuries, the longer it will take for your case to settle.
Insurance Company Cooperation
Insurance companies want to save money on car accident claims. To protect the bottom line, insurance adjusters might use bad faith tactics to intimidate and exhaust you into accepting a lowball settlement offer. An uncooperative insurance company will affect the timeline of your accident claim.
Length of Investigation
The investigation phase of the case might significantly slow down your car accident settlement. However, speeding through the investigation phase can cause you to miss important pieces of evidence that can help prove your case.
Litigation Complications
Taking a case to court is not always a straightforward process. When a case gets complicated, it may take longer to resolve. Importantly, the court’s schedule will impact the timeline of the case. Courts can have packed schedules that typically operate on a first-come, first-served basis.
How Do I File An Insurance Claim?
Before you file an insurance claim, contact an attorney. Most automobile insurance companies require policyholders to file an insurance claim immediately after the crash. Filing an insurance claim can be complex. Contact an attorney to help you navigate the claims process.
Filing a claim with the insurance company is one of the first steps you will take toward financial recovery after a car accident. The insurance company will begin its investigation after you file your claim. The insurance company will decide whether to approve or deny your claim.
What Do I Do If My Insurance Claim Is Denied?
What you do after a denial depends heavily on state law. If you have questions about the insurance appeals process, you should speak to a car accident attorney. Your car accident lawyer can help you through the appeals process.
Compensation Available In a Car Accident Settlement
Various types of damages are available depending on the accident’s circumstances. Generally, accident victims might collect compensation from one of the following categories.
Economic Losses
Economic losses might be easy to see, but the help of an attorney can help you identify all of your physical accident-related losses. Common examples of economic losses can include:
- Current and future medical expenses
- Current and future lost earnings
- Lost earning capacity
- Property damage
- Cost of hiring domestic help
Additional economic losses might apply to your case. Speak to an attorney to discuss what full and fair compensation will look like for your car accident claim.
Non-Economic Losses
Non-economic losses refer to the non-physical accident-related losses. Car accident victims might be entitled to recover for their economic and non-economic losses.
Proving non-economic damages can be difficult. Having an attorney’s help can get you closer to recovering the compensable losses, like:
- Inconvenience
- Humiliation
- Disfigurement
- Mental anguish
- Emotional distress
- Reduced quality of life
- Lost enjoyment of life
Punitive Damages
Punitive damages are only available in rare cases. These damages are not meant to compensate the victim. A court will only award punitive damages in cases where the defendant’s actions were outrageous. Talk to your car accident attorney to learn more about the availability of punitive damages in your case.
What Affects The Value of My Car Accident Case?
In addition to the general economic and non-economic compensable losses, the below factors can influence the overall financial value of your car accident case.
Insurance Policy Limits
Usually, the only source of money to repay you for your accident-related losses is in the at-fault driver’s insurance policy. The available insurance policy limits seriously influence your case’s value.
Liability Issues
Car accident cases might have unclear liability. Resolving liability issues can take a while and will influence your car accident settlement timeline.
State Law
State law issues might slow your car accident settlement down. It is important to work with an experienced lawyer to ensure that you are following state laws and regulations as you attempt to resolve your case.
How Can a Car Accident Attorney Help Me?
A car accident attorney can assist in various ways during the settlement process. Here are some of the practical ways that lawyers help their injured clients.
Case Evaluation
An attorney will go through the facts surrounding your accident with a fine-tooth comb to discover what you need to build a strong case. During the evaluation, your lawyer will help estimate the potential value of your case and whether you have a viable claim.
Provide Legal Advice
An attorney can offer you valuable legal advice after a car crash. You will undoubtedly have many questions about the next best steps after the accident. Rely on your lawyer to learn what you should do after a car accident.
Help With Negotiations
An attorney will help during settlement negotiations. Working with an insurance company can be challenging for an individual. Insurance companies might take advantage of you if you try to get what you deserve on your own. Having an attorney means insurance companies will take you more seriously and not give you the runaround.
Representation At Trial
When your case cannot be settled during negotiations, your lawyer can file a lawsuit and represent you in court. Facing the inside of a courtroom alone can be scary, so having an attorney can give you peace of mind as you pursue financial compensation after an accident.
Steps To Take After a Car Accident
The steps you take right after a car accident are important to the success of your claim. Consider taking the following steps after getting into a car accident:
Seek Medical Attention
See a doctor after getting into a car accident. Seeing a physician is important to your physical well-being and your legal claim. Some injuries cannot be found without a medical examination. Insurance companies might claim you are not hurt if you do not see a doctor after the crash.
Speak to An Attorney
It is a good idea to speak to an attorney as soon as possible after getting into a car accident. An attorney will help you understand your right to recover monetary compensation after a car accident.
Work With Your Lawyer Throughout The Process
Work hand in hand with your attorney throughout the car accident settlement process. Join your legal team and share how the accident affected you, your medical treatment plan, and any evidence of fallout from the crash.
How Long Do I Have To Sue After a Car Accident?
You do not have unlimited time to sue after a car accident. Each state has a statute of limitations that sets a deadline to sue after a car accident. Complying with the applicable statute of limitations is important. Failure to meet the deadline can bar you from receiving compensation for your losses.
Working with a knowledgeable lawyer can help ensure you do not miss the statute of limitations or fail to comply with any other important procedural rules.
Contact a Car Accident Attorney Today
If you have suffered an injury in a car accident, you can benefit from the assistance of a qualified attorney. Don't hesitate to reach out to a car accident attorney today. Remember, there are time limits on filing claims so acting quickly is important when it comes to personal injury cases, and the sooner you contact an attorney, the better. Remember, consultations are always free, so there's no risk in seeking legal advice and learning your options. Call a personal injury lawyer today and start your journey to full and fair compensation.
Pierre Prialé
Founder and CEO
Over the course of his career, Prialé has handled approximately 2,000 criminal defense and traffic cases, including DUI, reckless driving, weapons charges, and personal injury cases. His dedication to helping clients in difficult and desperate situations has earned him a reputation for being a committed and knowledgeable attorney.
Author's Bio