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Being involved in a wreck is a scary experience, and figuring out the best course of action after the incident can be challenging - there are so many things to say, record, do and remember, that it is easy to become overwhelmed.
This is where a qualified, experienced car accident attorney can really help you to cut through the confusion, and ensure that you receive any compensation you may be entitled to.
What Types of Damages Can I Collect After a Car Accident?
Vehicle accident claims come in a range of shapes and sizes, with the most common types of claims being explored below.
- Negligence is a very common type of claim in vehicle accidents - most car accident cases will rely on this concept.
- For a driver to be deemed negligent, it must be proven that they have behaved in a careless or thoughtless manner and that this caused an injury or harm to another person.
- Negligence applies in situations where the driver has done something they shouldn't, such as texting, speeding, or running a red light, or where they have failed to do something they should have done, such as turning on their lights while driving at night, failing to stop for a pedestrian or failing to yield.
- Intoxicated driving, or driving under the influence of drugs, would also be counted as negligence.
- Manufacturer Liability
- Manufacturer liability is another common type of claim and applies in situations where your vehicle, or the vehicle of the other party, had a defect that contributed to the accident.
- If this is the case the manufacturer of the vehicle, or the faulty part, may be deemed at fault, and this is the case no matter who was responsible for the accident.
- These types of cases typically involve defective airbags, seatbelts, brakes, engines, or accelerators.
- To be successful, the plaintiff will be required to prove that the part or car in question was “unreasonably dangerous,” that the vehicle was operated as originally intended, and that the performance of the vehicle had not changed since the initial purchase.
- Road Liability
- In some cases, faulty design, construction, and maintenance of roads can cause an accident, and this means that the Federal and State authorities have breached their responsibility.
- Common examples include barriers, guardrails or embankments being dangerous or faulty, or surfaces being uneven.
- Poor signage and inadequate traffic control can also count under this category; if the State and Federal authorities have failed to meet their responsibilities, your personal injury attorney can discuss your options in holding them liable.
- Wrongful Death
- A wrongful death claim will occur in events where one person dies as the result of the legal fault of another person.
- It is up to the family of the victim to prove that their loved one’s death occurred as a result of the negligence of another person.
- This type of claim can lead to three types of damage - economic, non-economic, and punitive damages.
What is a Reasonable Settlement for a Car Accident?
If you are successful in your claim, you may be in a position to be awarded damages.
The exact amount will depend on your injuries from the car crash.
Injuries that commonly lead to compensation are:
- Broken or Fractured Bones
- Traumatic Brain Injury
- Concussion or Whiplash
- Spinal Cord Injury
- Burn Injuries
- Bulging Discs
- Herniated Discs
- Torn ACL
- Torn Labrum
- Torn Rotator Cuff
- Rupture of internal organs, or serious injury to internal organs
- Facial Lacerations
The victim of the accident will have a right to damages or compensation from the party deemed to have caused the accident.
These damages may be economic - such as medical expenses, damage to property, or lost wages, or non-economic - such as compensation for any emotional distress, pain, and suffering, or disability.
How Long Does It Take To Settle My Case so I Can Catch Up on My Bills?
The length of time for settling a case depends on many factors and no lawyer can make guarantees on either the outcome or the timeline for that outcome.
Some of the factors are how serious the accident was, how badly you were injured, how much medical treatment you require, and which insurance company represents the at-fault driver. They’re all tough to deal with, but some are worse than others!
Let’s say the other driver is clearly at fault in a rear-end auto accident. Maybe you suffered a soft tissue strain or sprain and required an X-ray to assess the damage and a couple of months of physical therapy to help heal. Even a very basic case like that can take between five to eight months to settle.
It can be a long process, depending on the facts and circumstances of the accident, to make sure you receive fair compensation.
Why Hire An Auto Accident Attorney?
Hiring a qualified, experienced attorney can help to take the stress out of the situation post-car accident.
Your personal injury lawyer will be able to assist with a range of tasks to help fast-track your claim, such as:
- Collecting accident scene reports and police reports
- Taking photos of the accident scene, as well as any damage, the position and damage to vehicles, and any injuries sustained
- Reconstructing the car accident scene
- Questioning witnesses
- Analyzing medical reports
- Contacting expert witnesses to review evidence ahead of the claim
- Communicate with insurance providers on your behalf
If you have been involved in a car accident, the last thing you will feel like doing is handling stacks of paperwork, medical bills, telephone calls, and documents.
It is easy for things to be missed out or overlooked, and this is where a professional car accident lawyer can really help.
If you are facing the aftermath of an accident and need advice, or are looking to start a claim, get in touch today, and let us take care of the hard work.
What Are The Common Causes Of Car Accidents?
Car accidents can have a number of potential causes, and these could have an impact on your overall entitlement to damages, or a claim from your insurance company.
Some of the most common causes of accidents include:
- Distracted Driving
Driving a car requires your full attention, and accidents can and do happen if a driver is distracted by using a cell phone, eating or drinking while driving, applying makeup, or being distracted by passengers.
Speeding is another very common cause of accidents, which endangers both you and other road users - if you cause an accident with your speeding, you will be held responsible for any accidents this causes.
- Drunk Driving
Driving while intoxicated is incredibly dangerous, and the driver is likely to be viewed as negligent if an accident occurs.
- Dangerous Roads
In the case of many single-vehicle collisions, the culprit tends to be a dangerous road or one in a poor state of repair. If this is the case, the driver may have the option to collect compensation or damages from the government agency that is deemed responsible for the upkeep of the road.
- Road Construction
Roadworks are always an annoyance for drivers and, in some cases, could result in an accident if either the driver or road crew are failing to pay good attention.
I Want to Help You!
I've written the book Quick Guide to Louisiana Accident and Injury Claims.
This is a helpful and informative guide that will lead you through some of the common mistakes that can wreck your personal injury claim.
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Get answers to your questions about recorded statements, paying medical bills, getting your vehicle repaired, negotiating a settlement, and much more!
Don't make a costly mistake that could cause you to accept a settlement that is too small to cover your medical bills and lost wages!
You need to read this before you talk to an attorney or insurance adjuster. I'd love to send you a copy.
Whether you hire me or not, it's important that you get this information.