The number of automobile accidents is growing at an alarming rate with over 9500 people losing their lives in the first quarter of 2022 due to automobile accidents, according to the NHTSA.
But when it comes to working out how best to handle the legal fallout from an automobile accident things get more difficult for many. The need to plan how best to handle the situation before you even go to an attorney is important and we spoke with an experienced auto accident attorney in to see what the key things anyone involved in this situation needs to do to successfully achieve a decent outcome from the accident.
Obviously the need to properly identify the nature of the injuries sustained from an accident is vital, as they can be both short- or long-term. They can also be both physical (neck or back pain) and emotional, such as post-traumatic stress disorder (PTSD), or anxiety.
It is obviously vital to know what the injuries are and to document their treatment, but what are some of the other, key factors that go into making a successful claim or case for the motor vehicle accident victim?
It is surprising how many auto accident victims do not initially seek medical help in cases where the injury may appear minor (but subsequently develop into something worse and deserving of compensation), or who fail to properly document their medical assistance following the accident.
By documenting your medical help you also help your attorney to make a successful claim on your behalf.
Here are four important aspects that you should discuss with your attorney:
1.Detail Your Financial Loss
The cost of personal injury in an accident is massive. According to InjuryFacts, a possible injury after an auto accident can cost a person up to $160,000. And these numbers are only going up with the severity of accidents becoming more intense.
Hence, it’s essential for you to discuss the financial loss with your attorney. Your attorney will help you understand exactly what you’re entitled to receive under state law, and they’ll ensure that your rights are protected throughout the process.
If you’ve been seriously injured in an auto accident, it’s important to consult with an attorney as soon as possible. Your lawyer will help you understand what type of compensation you could receive for your injuries and how long it will take to receive payment from the insurance company.
If a loved one has died in a car accident, additional steps must be taken to ensure that he or she receives proper burial arrangements and other financial benefits.
You may be feeling overwhelmed by the details of your accident and how it’s affecting your life, but there are some things you should be sure to talk with your attorney about, including:
- How much money you’ve lost because of the accident, such as time off from work or medical bills?
- Whether you think you’ll need future medical care for any injuries sustained in the accident.
- The extent of any property damage caused by the accident and who is responsible for paying for it.
2. Work Out Compensation for Damages
When you’re in an accident, there are many issues to consider. One of the most important is the compensation for damages that you can expect from the other driver.
Today, drivers are burdened by the constantly growing cost of owning a vehicle. As per the latest findings from AAA, the average annual cost of owning and operating a vehicle is $10,728, or $894 per month. A majority of drivers cannot afford the additional costs associated with vehicle damages due to an auto accident.
When you talk with an auto attorney after an accident, hence, it’s important to discuss compensation for damages and why it’s so important.
Compensation for damages refers to any money paid by one party to another in order to make up for any losses that person has incurred due to injuries or property damage. This could include medical expenses, lost wages, vehicle damage, and pain and suffering.
If you’re injured in a car accident, you might have lost time at work or had to spend money on medical treatment. If someone else caused this accident by driving unsafely or recklessly, then they should be held accountable for paying these costs as well as any other financial losses related to their negligence.
3. Are You In A No-Fault State?
It is important to know whether your accident occurred in a no-fault state or not.
No-fault insurance lawyers you can make your claim on your insurance, which is required through personal injury protection (PIP) insurance and which permits a lawsuit against another driver subject to the state law requirements.
Often, the liability for property damage will fall to the other party’s liability insurance policy rather than under the auto insurance.
If the state is a no-fault law state then a similar situation to PIP may apply, which is MedPay, which can often be used for injury claims.
Understanding the different requirements is obviously important to how you go about recovering damages following the accident.
4. Collect Evidence to Support Lawsuit
As mentioned above, collecting evidence to support a lawsuit is vital and is something that many victims of car accidents fail to properly do.
You may need to help prove that the third party in the accident was at fault, or you may need to defend yourself from a claim they make against yourself.
In these cases having a police report, documentary and photographic evidence from the scene and contact details from witnesses can prove invaluable.
Different states have different rules about how much and when you can sue. There are also small claims courts that can be used when you can subpoena witnesses and others.
The Bottom Line
The bottom line is that you want to be prepared for the worst-case scenario. If you’re involved in an accident, it’s important to be aware of what is required to make a claim – which is something a decent and experienced attorney can help with – but it is also something that you should be prepared to know about too in order to properly brief any lawyer acting and to ensure you get the compensation you deserve.