When people have a car accident, it is often a new experience for them. They may have to deal with insurance companies and legal matters for the first time in their life. It’s possible an accident victim could be recovering from injuries and trying to mentally process their injuries, property damage and everything associated with the car accident. This is the time a lawyer specializing in personal injury can help. They will know what is going to happen and how an accident victim can best handle it.
Personal Injury and Car Accidents
According to the National Highway Traffic Safety Administration (NHTSA), over 5 million vehicle accidents occur in the United States annually. It’s estimated that over 2.5 million occupants of vehicles are injured in traffic accidents yearly. Car accidents are also the leading cause of death for people between the ages of 2 and 34 and cause the most personal injuries for every age.
Personal Injury and Insurance Companies
Most people don’t realize the goal of all car insurance companies to pay as little as possible for each personal injury claim. After an accident, an insurance adjuster is looking for any and all reasons to decrease a payout. A lawyer specializing in personal injury will know about the tactics used by insurance companies. They will know what is necessary to get a car accident victim fair compensation.
Proving Liability
It is possible for an insurance adjuster to determine an accident victim is at-fault for an accident. It’s possible the accident victim strongly disagrees with this decision. A lawyer specializing in personal injury will gather enough information to contest the insurance adjuster’s determination. This will have a significant impact on how a case proceeds.
Statute Of Limitations on Personal Injury
Many accident victims are not aware they have a time limit to file a claim for compensation. It is known in the legal world as the statute of limitations. Should an accident victim fail to file a claim prior to the expiration of the statute of limitations, they may never be able to recover any type of compensation for their losses.
Personal Injury Medical Bills
An experienced lawyer specializing in personal injury will know the value of an accident victim’s case. They will know what is fair compensation for any past, current or future medical bills associated with the car accident. Insurance companies are very skilled at getting desperate accident victims to accept their lowest settlement offer. A lawyer specializing in personal injury will know not to accept the initial settlement offer given by an insurance company. They will know how to get the best possible personal injury settlement offer.
Protecting Rights
Most car accident victims do not know what rights they have when it comes to their accident. A personal injury lawyer will know the rights a car accident victim has during the insurance claim process and how to protect them. It is important an accident victim speak with a lawyer specializing in personal injury before speaking with an insurance company attorney or signing any documents provided by them.
Personal Injury Settlement Negotiations
One of the first steps involved with getting compensation in notifying the at-fault driver’s insurance company about the damages and injuries involved with the accident. This is done by filing a claim with the insurance company. This begins the settlement negotiations process. The insurance company of the at-fault driver will send a reservation of rights letter. This is to establish the insurance company will investigate the claim and will discuss it, but will not admit to any liability. Once an accident victim has healed enough from their injuries, they can have an attorney draft and send a demand letter. This will describe the basic facts of what happened during the accident. It will cover the accident victim’s lost income, out-of-pocket expenses, medical bills as well as an itemized list of damages and more. This will be sent to the at-fault insurance company. An insurance claims adjuster will respond to the demand letter and try to show where the proposed settlement amount is too high. They may provide an amount they consider acceptable.
An attorney will know if this offer should be rejected and a counteroffer made. The negotiations will continue until an amount acceptable to both sides is reached. It’s possible mediation may be required to reach an agreeable settlement amount. If this fails, a lawyer may advise an accident victim to let a court determine what is a fair settlement amount by filing a lawsuit.
Being in a car accident can be a life-changing experience. It can be a scary time involving many things a car accident victim doesn’t understand. This is when a lawyer specializing in personal injury can help. Their knowledge and experience can make it possible for the victim of an accident to get a settlement amount that will cover their injuries and property damage. They will know what is necessary to get an accident victim the best possible outcome for their situation.
Gorospe Law Group Personal Injury Attorney Law Firm in Tulsa, Oklahoma
Helpful Tips If You’ve Been Injured In A Car Accident That Was Not Your Fault
Getting into a car accident is a traumatic and emotional experience, but this is just the time that it’s important to try to keep a clear head. This is true especially when the accident may not have been your fault, because you’ll have to protect yourself and safeguard your rights. While a personal injury lawyer may be able to help you, there are also more immediate concerns that will require your attention.
Immediately Following the Automobile Accident
Even though you’re physically shaken and possibly feeling frightened, you’ll have to try to act at the scene. Your first priority is to assess your own physical condition. If you’re severely injured, the best thing you can do is await emergency first responders. Let others take of assessing the scene at that time.
However, if you are able to move about, you may be the one who will have to call for emergency assistance. People often assume the person who calls for help is presumed to be at fault for the accident, but this isn’t true. The important thing is to get help to arrive as quickly as possible.
Next, you should document the evidence, which will help your personal injury lawyer later in preparing your case. This means gathering contact information and insurance details from the other drivers, as well as the names, addresses, and phone numbers of any witnesses at the scene. Another important thing you can do is to use your phone’s camera to take photos of the scene. By focusing on injuries and property damages, you will have proof that can help you pursue a personal injury claim down the road.
Seeking Medical Attention After an Accident
Whether your case is settled out of court or goes to trial, any personal injury claim must be able to show that you acted to mitigate the severity of your injuries. This means you must seek a medical evaluation and treatment within a reasonable time frame. While some states may not assign a specific period of time, they also don’t want people putting off treatment just to maximize medical costs and boost the amount a defendant must pay in damages. If it can be shown that you deliberately put off receiving medical care, the jury may find you partly liable for your injuries in a personal injury claim.
Some people decline to get a medical evaluation just because they don’t “feel” injured. This can also be a mistake. There are many types of injuries that can take a considerable amount of time to develop far enough to cause perceptible symptoms. By the time you begin to feel the injuries, you may have already signed off on a personal injury settlement and you won’t have the money to pay for the treatment of these newly developed conditions. Traumatic brain injuries, neck injuries, and back injuries commonly take days or even weeks to fully develop. This is why you should undergo a full medical evaluation after any accident.
When is it Time to Hire a Personal Injury Attorney?
While receiving medical treatment should be your first priority, you should contact a personal injury attorney as soon as possible as well. Very soon after the accident, an insurance adjuster working for the at-fault driver’s insurance company will contact you and offer a settlement. This will be a low settlement and he will likely attempt to strong-arm you into accepting it. This is because he wants you to take a lower settlement, before the full extent of your injuries and property damages are known. Additionally, he will want you to sign off on the settlement without seeking the advice of a personal injury lawyer.
Once you sign off on a settlement offer, you will forfeit any right you have to seek additional damages. This is why you shouldn’t sign anything, until after you have consulted an experienced lawyer. An attorney who has expertise in personal injury law will know what types of damages you’re eligible to receive, what information about your injuries will affect your entitlement to damages, and how to negotiate with insurance companies.
If your case does go to trial, your attorney will already be up to speed on the facts of the case. Since personal injury lawyers work for a contingency, you won’t have to worry about paying his fee up front. This is done so you can get the help you need without having to add to the sudden financial burden the accident has created.
If you or a loved one has suffered a personal injury, The Gorospe Law Group personal injury law firm in Tulsa, Oklahoma can assist you to help you claim the compensation you deserve.
If you or a loved one has suffered a personal injury, The Gorospe Law Group personal injury law firm in Tulsa, Oklahoma can assist you to help you claim the compensation you deserve.