Every car accident can look different depending on the surrounding circumstances, and many victims understandably do not know what to expect. Fortunately, car accident victims can expect a few commonalities after a traffic accident. Knowing what to watch out for can protect your rights and fulfill your obligations under state law. Moreover, consulting with an experienced car accident attorney in San Jose during this critical time can profoundly influence your ability to secure fair compensation and protect your rights.
How Do I Prove Fault After a Car Accident?
Proving liability is essential in a car accident case. A plaintiff's case will fail if they cannot prove that the other driver caused the accident. Proving fault can present challenges. An experienced attorney can assist in presenting your case to the insurance company or a jury.
In most states, accident victims need to establish that the other driver was at fault to recover compensation.
Under either system, it is important for victims to get a copy of the police report. Insurance companies often use the police report as a starting point in their investigations. They rely on police reports because companies see them as an unbiased account of the accident.
Your account of the accident can help prove liability. Car accident victims might write down what they remember after the crash. Recording your contemporary memories of the accident can help support your claim. You may even capture some details left out of the police report. Your notes can help your attorney as they begin settlement negotiations with the insurance company.
Sharing the details of our accident with an experienced attorney aids in establishing liability and comprehending your right to recover damages. Your attorney will listen to your story and evaluate your claim. They can use their findings to identify the facts necessary to prove fault in your car accident case.
Do I Need to Report a Car Accident?
While every state has different rules, drivers involved in a traffic accident that results in injury or property damage must typically report it to the appropriate authorities.
The responding officer will complete a report at the scene with a narrative of the accident. Some states impose additional requirements, For example, California law requires drivers to take steps beyond filing a police report.
Each driver must complete an SR-1 report, regardless of fault. An SR-1 form is an official state document, and drivers must complete one within ten days of the accident if the accident caused property damage valued at more than $1,000 or if someone is injured or killed.
Failure to complete this form can result in the loss of driving privileges. Drivers can find a copy of the SR-1 form online at the Department of Motor Vehicles.
Contact an attorney as soon as possible after a car accident. Your lawyer will make sure that you are in compliance with all state requirements and protect your rights moving forward.
What Can I Expect From the Insurance Company After a Car Accident?
After an accident, you can expect the insurance company to do everything possible to pay you as little as possible.
In an at-fault state, you will work with two insurance companies. Your policy most likely requires that you report any accident, even if it is not your fault. The responsible party’s insurance must pay for the victim's losses in an at-fault state.
An experienced attorney can help streamline this process and make sure the insurance company treats you fairly.
On the other hand, in a no-fault state, you will make a claim on your own policy. In the event that your losses exceed your coverage or your injuries meet a certain threshold, you may also make a claim on the other driver’s insurance policy.
Dealing with insurance companies is difficult. There are instances when insurance companies deny accident claims. You need to know how to respond to a denial.
You will need to file an appeal with the insurance company. You can also request that the Department of Insurance review your claim during the appeal process.
A car accident lawyer can support you to help with the appeal. Getting legal counsel will help protect your rights throughout your claim.
You can also expect the insurance company to use tactics to undermine your claim.
Examples of these kinds of insurance company strategies include:
- Downplaying your injuries.
- Shifting the blame to another party.
- Trapping you in a statement.
Legal counsel plays a crucial role in safeguarding accident victims from falling for these tricks employed by insurance companies.
What Challenges Do Car Accident Victims Face?
Car accident victims often face various challenges after their crash. The effects of a traffic accident are often long-lasting and force victims to adjust their lives.
The accident might cause you great physical harm. Some accident victims find themselves in need of long-term care. Medical bills can quickly add up after a car accident.
Some injuries are so severe that victims miss work. For most employees, missing days of work means losing income. Not working can mean facing significant financial struggles after a traffic accident.
If the accident caused substantial damage to your vehicle, getting around might present challenges. Unless you live in an area with accessible public transportation, you might have trouble getting to work, school, or even the grocery store.
In addition to the physical problems accident victims can face, there is potential for mental anguish and trauma following a crash. The emotional side effects of a car accident can stay with a victim for years after the crash.
The emotional aftermath of a car accident can impact the victim's quality of life. An attorney can help present an argument for recovering compensation for these damages.
What Can I Expect Physically After a Car Accident?
Some car crashes leave victims with severe physical injuries. Depending on the extent of your harm, you can expect to remain in recovery for as long as it takes for your body to heal.
Sticking with any treatment plan your doctor provides is important. Healing from your injuries is a priority. Complying with your medical treatment plan increases your odds of a full recovery.
Following the doctor's orders is also important to your legal claim. Insurance companies look for any excuse to deny an accident claim. Failure to comply with a treatment plan gives insurance companies exactly what they need to avoid paying for your losses.
Completing a treatment plan also helps your attorney know the extent of your harm. Failing to complete a medical treatment plan can mean not receiving a full monetary recovery.
Once you accept a settlement agreement from the insurance company, you cannot restart negotiations and ask for more money later. That means future treatment expenses may not receive an allocation of funds.
Completing a treatment plan and reaching maximum improvement before you finalize a settlement puts you in the best position after a car accident. Your attorney will have a true estimate of your total damages, and they will know what an adequate settlement should include for you.
What Are Car Accidents Worth?
After an accident, it is understandable that you want to know how much compensation you should expect. Car accident settlements and awards can vary widely.
An attorney can evaluate your situation to determine your damages. There is no guarantee that you will receive a certain dollar amount. Your legal team can give you a general idea about how much your case is worth.
Car accident victims can seek compensation for economic and non-economic damages. The more significant the value of each loss—like medical costs, lost income, pain, and emotional distress—the higher the case's overall worth.
This compensation aims to cover various impacts of the accident on the victim's life. Fully understanding these damages helps ensure fair compensation for all losses suffered.
Economic Damages
State law allows car accident victims to recover for their physical losses after a crash. These losses are called economic damages. Economic damages can include medical expenses, lost income, and property damage.
Non-Economic Damages
Non-economic damages include accident-related losses that might be hard to quantify. Non-economic losses can include mental trauma, reduced quality of life, or disfigurement.
Car accident victims often do not realize that they suffered these losses. An attorney can help determine if you suffered non-economic damages and develop a plan to recover compensation.
Punitive Damages
Punitive damages, while occasionally awarded, are relatively rare in accident cases. Courts only when the defendant's actions involve extreme negligence, willful misconduct, or egregious recklessness.
The primary purpose of punitive damages is to discourage others from engaging in similar conduct and to punish the wrongdoer.
What Should I Do After Getting Into a Car Accident?
After an accident, you may be in pain, scared, and unable to work. You might know what car accident victims do after a crash but remain unsure. You do not know what to do, but you must make the right decisions after an accident.
Your physical and mental health are priorities after a car crash. Following your doctor's instructions is important if the crash causes injuries. Additionally, accounting for your mental or emotional trauma after a car accident is as important.
Maintaining a journal to document your thoughts and feelings after an accident enables you to express your trauma when discussing your case with your attorney. Take your medical records, bills, and journal to an initial consultation with a car accident attorney.
Contact a lawyer as soon as possible after a car accident. Your lawyer's job is to help protect your legal rights after a car crash. People who delay retaining legal counsel often find themselves vulnerable to insurance companies and negligent defendants who want to avoid taking accountability for the accident.
Car accident victims whom an attorney represents have a knowledgeable advocate in their corner who will protect them after a car accident.
How Can a Car Accident Attorney Help Me?
A car accident attorney's job is to protect their client's rights. You can expect resistance from the insurance company and defendants because they do not want to pay for your losses.
A lawyer can support you in combating any resistance and aid in your financial recovery. Some of the important functions lawyers perform after an accident include the following:
Investigation and Gathering Evidence
Facts determine the outcome of civil cases. You might not be aware of the relevant facts crucial in proving your damages, especially if this is your initial encounter with a legal matter. Do not worry. An attorney's investigative skills prove beneficial to your case.
Settlement Negotiations
Most car accident cases get resolved through settlement negotiations. Negotiations can get tense. Insurance companies are looking for any way out of paying for your damages. However, your attorney can anticipate arguments that the insurance company will present and help defeat those arguments on your behalf.
Protect Your Rights Throughout the Case
Trials are not automatic, but when settling is not possible, your case may go to trial. Your attorney will guide you through each step of the process.
How Much Does a Car Accident Attorney Cost?
Car accident victims may delay hiring legal counsel because they fear the cost of their services. Because they are afraid that an attorney costs too much, a car accident victim might choose to go after compensation alone.
Pursuing financial compensation after a car accident alone is dangerous. You can leave money on the table after settling with the insurance company. You risk losing funds crucial for covering significant expenses.
Fortunately, many car accident attorneys work on a contingent basis. A contingency fee agreement means you do not pay your lawyer unless you win your case. This fee structure helps more accident victims pursue the justice they deserve after an accident with a knowledgeable legal advocate.
Contact a Car Accident Lawyer Today
You can expect a fight from the insurance company and negligent defendants after a car accident. However, if you hire an attorney, someone will protect your rights and ensure that you get the monetary recovery you deserve.
Contact a car accident attorney today if you suffered an injury in a car crash so your case resolves as favorably as possible.
Robert Bohn, Jr.
Attorney
For more than 40 years, the lawyers at Robert Bohn, Jr. has dedicated their practices to personal injury law, representing people who have been injured or damaged due to the negligence or carelessness of others. For most people, handling a personal injury claim can be complicated and stressful.
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