Pursuing a Traffic Accident Injury Claim
If you have had an auto accident which was not your fault, you may be able pursue a traffic accident injury claim for damages. Other accidents can lead to injury claims, but this article concerns auto accidents only.
The first question, of course, is about fault for the accident. In order for you to make a claim for damages, the accident must have been the other driver’s fault. Fault might be obvious from the circumstances of the accident, but a formal determination of fault will be made only after the accident, whether by insurance investigators or possibly a jury. In most cases, accident claims are settled before trial, and a determination of fault is arrived at by the insurance carriers. In any event, for you to successfully pursue a traffic accident injury claim, the fault must lie with the other driver.
You may have the opportunity to settle your claim directly with an adjuster from the other driver’s insurance company. Accident lawyers, however, would discourage this. Accident lawyers take the position that a settlement with an adjuster will devalue your claim, and that you can get more damages with an attorney. If you have the opportunity to settle directly with the adjuster, you might want to speak first with an attorney to see how best to maximize your claim.
If you do hire a lawyer to represent you in the claim, the lawyer and staff will manage the details of the claim. This will simplify things greatly for you and assist in your recovery. Of course, accident attorneys generally only hire claims which involve personal injury. This is because the attorney will take his or her fee out of the payment received from the insurance carrier and will not collect any fee from you directly. If you are not hurt in an accident, but only sustain damage to your property, then you will probably not seek the assistance of an attorney. In any event, an attorney can provide great assistance to you in pursuing your traffic accident injury claim, helping with a rental car and medical treatment and negotiating a claim with the insurance carrier.
A settlement will probably be paid as a multiple of your damages. Property damage is a part of this, but the biggest part is your injury. Medical bills and hospitalization will constitute the bulk of the claim. A carrier may pay for your property damage immediately so that your transportation is replaced, but the medical claim cannot be resolved until your treatment is complete and you have fully recovered. All in all, settling your traffic accident injury claim may take several months.
Use The Internet To File A Motor Vehicle Accident Injury Claim
The sad fact is that there are always going to be injuries that occur due to motor vehicles. While insurance will pay for the vehicle, and medical insurance will often cover the cost of healthcare, this is not always the case. Furthermore, once a claim is made for insurance purposes the injured party’s insurance payments typically increase. If another party was clearly at fault then it might be prudent to file a motor vehicle accident injury claim. This will allow for a judge to decide on proper restitution for the injured individual. There are three primary steps in this process.
Weigh Your Options
The first thing an individual should do when they desire to file a motor vehicle accident injury claim is to determine their legal standing. Legally you can sue for almost any reason. However, without proper evidence and reason for said lawsuit the case may be dismissed out of hand. When weighing your options it is important to take all evidence into account. If the other party involved in the accident is clearly at fault then there is a stronger case. Should a police officer cite that fact in their report on the scene then that will prove to be even more valuable.
The other factor to keep in mind is the injury sustained. Can the injury be proven? Is there clear medical evidence and documentation proving the injury exists? Can this injury be directly linked to the accident? These questions should be answered prior to hiring a reputable and experience lawyer.
Find A Reputable Lawyer
If enough evidence, and proof of injury, are available then it is time to locate a lawyer. The quality of lawyers currently practicing law will vary wildly. In order to shorten a potential list of legal candidates it is important to look into two items. The first item is the amount of time the individual or firm has practiced law. The second item is what manner of legal situations they routinely deal with. A lawyer who focuses primarily on tax debts will not be nearly as helpful for accident and injury cases as a lawyer who specializes in such legal matters will be.
Prepare For A Long Wait
The justice system takes time. It is important that you understand that it can take months, if not years, for a case to ever make it to court. A motor vehicle accident injury claim needs to go through several phases before it can be taken to court. A lawyer will begin by sending letters to the other party in the claim. If the other party does not agree to arbitration or payment then the process of going to court can begin.
