Signs That You May Have a Car Accident Claim
Written by AskTheLawyers.com™
Written by AskTheLawyers.com™
Not every car accident requires the help of an attorney; for example, car accidents that are relatively minor can usually be handled between the drivers and their insurance companies. However, whenever a car accident results in serious injuries to one or both parties, and/or the insurance companies appear to be operating unfairly, you might be eligible to file a car accident claim.
An accident claim or lawsuit can be an effective way to recover monetary losses such as medical bills, lost wages, and even compensation for pain and suffering. Whenever an accident with significant damages was caused or contributed to by one or more party’s negligence, a car accident claim may be viable.
If the damages from the accident were significant, you may be eligible to file a claim.
Car accident lawsuits are not typically filed over minor damages; however, when someone is injured in the accident resulting in expensive short or long-term medical bills, this may indicate the possibility of a claim. It’s recommended to wait on accepting any settlement offers after a car accident before first consulting with an experienced accident attorney who can help you figure out what your Maximum Medical Recovery (MMR) looks like.
Accepting an offer of compensation immediately or soon after an accident may result in funds that are insufficient to cover the extent of the damages. From economic damages like medical bills, lost wages, costs of therapy, etc. to non-economic damages such as pain and suffering and mental anguish, there may be important damages that you don’t know how to identify on your own.
If the other driver was obviously at fault, you may have a particularly viable claim.
While it does not have to be obvious that the other driver was primarily at fault to file a claim, if the other driver’s negligence was apparent, this could be a good indicator for you to look into filing a claim. In most states, you may still be eligible to seek compensation even if you were partially at fault for the accident; this practice is referred to as comparative negligence. However, if you live in one of the few states that practices contributory negligence, if you were even 1% at fault for the accident you may not be eligible to file.
However, fault can be a tricky thing to determine. Even if you are certain you were at fault for the accident at the scene, it’s wise to refrain from giving any statements until an investigation has been conducted. It is not uncommon for one person to take the blame only to find that the other driver was committing a traffic violation of their own, such as texting while driving. It is highly recommended to let an experienced car accident attorney help you figure out where the liability falls if there is any question of fault.
If you’re unsure whether or not you have a claim, consult with an expert.
While the elements discussed above are certainly indications that a car accident claim might exist, the most efficient and reliable way to find out is to talk to a car accident attorney. These lawyers typically offer free consultations and work on a contingency fee basis, which means clients don’t pay for their services unless and until they win their case. A car accident attorney can quickly give you an idea of whether or not you are eligible to file a claim, and if so, how viable it is likely to be. These attorneys also have access to accident reconstruction experts who can help figure out what really happened before and after the accident to determine an idea of fault at no out-of-pocket cost to you.
For more signs that may indicate you are eligible to file a car accident claim, or to ask questions about your case, reach out to a car accident attorney sooner rather than later.