CAR ACCIDENTs, Lawsuits, Injuries & After Accident Tips
We all know someone who’s been in a car accident.
We all know someone who’s been injured in a car accident.
And there’s a pretty good chance that we once knew someone who was killed in a car accident.
Car accidents in the United States occur by the thousands every single month. Statistically speaking, you are likely to be involved in car accident at some point. That’s a pretty sobering thought.
TheLawFirm.com is here to help you if you’re involved in a car accident that results in serious injury or death. We hope you won’t ever need to use our expert personal injury legal services. But if you do, we will do everything we can to advocate for your rights, and will work hard to obtain for you the compensation to which you may be entitled.
Car accidents involve high speeds, sharp metal, and broken glass. As we all know, they can be responsible for any number of serious injuries, including but not limited to:
• broken bones
• traumatic brain injuries / brain damage
• head injuries
• permanent disfigurement and scarring
• loss of limbs
• permanent disabilities
• damage to internal organs
The worst car crashes can be fatal.
If you’ve been in a serious car accident, YOU HAVE LEGAL OPTIONS.
You areentitled to file a lawsuit if you’ve been in a car crash in which you or a loved one has been injured; or if a loved one, a passenger, another driver, or a pedestrian was killed. The attorneys at TheLawFirm.com are here to help you.
If another driver crashed into your car and caused an accident, you are entitled to file a lawsuit.
If road conditions caused your car accidents, you are entitled to file a lawsuit.
If any person who was in your car, in another car, on the street, or responsible for road or roadway maintenance was negligent, and if that negligence caused your serious car accident, you are entitled to file a lawsuit.
The attorneys at TheLawFirm.com specialize in personal injury and wrongful death lawsuits. This is what we do. And we are good at it. We can help you with your car accident lawsuit, too.
If you decide to file a car accident lawsuit, you may be entitled to seek compensation to address the following kinds of damages:
• medical expenses
• pain and suffering
• lost wages, and the potential loss of the ability to work
• disfigurement and scarring
• permanent disabilities
If your lawsuit concerns the death of a family member, you may also be entitled to compensation to cover funeral expenses.
If any sort of malicious activity or recklessness was involved in your accident, you may also be entitled to seek punitive damages to punish wrongful conduct.
At TheLawFirm.com, we’ve handled every type of car accident lawsuit under the sun. We are experts, and we will bring our expertise to your case.
Call us today for a free consultation.
Car accidents are a leading cause of injury and death in the United States. The injuries, disabilities and medical expenses carried by the victims have devastating effects on their lives and the lives of their families.
If you, or a loved one has been the victim of a car accident you need a car accident lawyer. Yes, it is that simple. The insurance company has armies of lawyers trying to rob you and your family of your rights in order to secure profit for the insurance company. They are not your friend (no matter how “friendly” they try to be on the phone with you).
Insurance “adjusters” are paid to pay you as little as they can get away with (not what is fair). Only a top quality lawyer with experience and proven results can help you and your loved ones get the compensation you deserve to pay for medical expenses, lost wages, and the pain and disability that often comes with personal injury.
The award winning injury attorneys at TheLawFirm.com have literally set records in car accident settlements and trials for obtaining fair compensation for our clients.
We may be able to secure insurance coverage through a state program or direct the client to a hospital clinic where care is provided free of charge. Helping our clients get necessary medical treatment does not increase the cost to our client.
At the conclusion of a case, the insurance company for the person who caused the car accident normally pays a settlement, which is based in part on the amount of the medical bills incurred for treatment in the case. For obvious reasons, a more seriously injured person usually has larger medical bills.
Still have questions? If so, contact us, to schedule a free consultation.
Talk with a Car Accident Lawyer Now!
Things to Avoid after an Accident
1. Failing to Document the Accident
If you are involved in an accident, it is important to document the event as best you can. After an automobile accident, call the police to the scene, get the other driver’s personal information, get contact information from witnesses and, if possible, photograph the vehicles, the accident scene and any visible injuries. Of course, in very serious accidents where someone is badly hurt or killed this may not be possible.
2. Failing to Get Immediate Medical Treatment If you have an accident, you should get medical treatment as soon as you feel any pain. Do not hesitate to demand an ambulance. You should either go to the hospital emergency room or your family doctor. Do not hesitate. Insurance companies evaluate the value of personal injury cases based, in large part, on medical treatment. If there is a delay in seeking treatment, the insurance company may either deny your claim or give a very low offer and argue that you must not have been injured seriously or that something else, besides the accident, caused your injuries.
3. Delaying Contacting a Qualified Personal Injury Attorney We are experts at properly documenting and then presenting cases to insurance companies and juries. This job can be best performed if we are involved immediately after the accident. You may not know if you have a case or need an attorney to help you. If you call us we will tell you if you need a lawyer. This advice is free of charge. If you have a case and need an attorney, we can: have the accident investigated, locate witnesses, have the scene photographed, have visible injuries photographed and identify the parties who are responsible for the accident. Besides obtaining evidence, we can give you sound advice on how to best maximize your chance of obtaining compensation.
4. Dealing Directly with the Other Insurance Company You have a duty to report an automobile accident to your insurance company and should cooperate in their investigation. However, before you give any statement, especially statements to the insurance company for the other party to an accident, you should seek our advice. You should also get advice before signing any authorizations for release of records to the insurance company. You have a right to privacy and do not need to sign very broad releases. Also, never agree to accept money and sign a release of your claims before getting advice from a qualified cross border personal injury attorney. If you sign a release, your legal claims will be gone forever, regardless of how your injuries may affect the rest of your life.
5. Not Following Medical Advice It is important to listen to your doctor – for both medical and legal reasons. Your doctor knows what is best for you. If you don’t trust your doctor, get a new one. Otherwise listen to his or her advice regarding recommended treatments, including diagnostic tests, therapy and surgery. If you miss appointments or ignore medical advice from your own doctor, it gives the insurance company powerful ammunition to use against you that you did not cooperate and try to get better. Don’t just push through the pain- get the treatment you need.
6. Hiding Past Accidents Always tell us about prior accidents, legal claims and work injuries. Insurance companies know how to find out about them – and will.
7. Hiding Past Injuries Do not hide past injuries either. The insurance company’s lawyer may subpoena your medical records and find out about past injuries. If you try to hide them, it can destroy your credibility and hurt or kill your case. Although your case is better if the accident actually was the sole cause of your injuries, the person responsible for an accident may be held liable for any aggravation or worsening of a pre-existing medical condition. For example, if you had a preexisting back injury which was made worse by the accident, you can recover for the worsening of your back problems. If we have to go to trial, juries lose trust for plaintiffs who try to hide past injuries.
8. Exaggerating or Misrepresenting Your Injuries or Activity Level Don’t exaggerate or misrepresent your injuries. During your case you will be asked questions under oath about your injuries and their effect on your life. These facts can be verified by the insurance company. Its lawyers can subpoena medical records, have private investigators interview people who know you, or even perform video surveillance on you. Being caught in a lie or a clear exaggeration can mean you are denied compensation.
9. Hiding Subsequent Accidents or Injuries Sometimes accidents happen more than once. If you have another accident, it is important to tell us. It is likely that the insurance company’s lawyer will find out about it. Let us know about it immediately.
10. Failing to Listen to Our Advice Don’t ignore our advice. You will be given sound advice on all issues that arise during your case, both before the lawsuit is filed and throughout the litigation process. We are experts on how to prepare your case and obtain fair compensation for you. We also know the value of your case and whether it should be settled or taken to trial.
Things To Do After An Accident
1. Call the Police
Sometimes after what seems a minor collision, the person at fault may offer to handle the case privately and not want to call the police. This is never a good idea, especially in cross border cases. Without a police report, it can be difficult to document what happened, or even prove that an accident did occur. Sometimes what seems like a minor impact can produce serious long term injury (especially brain injuries). Furthermore, having a police investigation and subsequent report can help establish who was at fault for the accident. If you aren't sure who was at fault for the collision, don't voluntarily take the blame. In fact, insurance companies rely heavily on the police report when reaching their determination of who was at fault. If there is no police report, determining who was at fault can become a battle between the two drivers or expensive experts. If you are injured tell the police. If you don't inform the police about your injury, the officer will write on the police report that there was no injury. A "property damage only" report can damage your case later. The defense will say you "weren't hurt." So even if the injury seems minor, tell the police about it and let the officer document your injuries. Only time and the proper medical evaluation will tell how badly you are injured.
2. Preserve Evidence Do not move your car unless it is creating a dangerous situation or you are ordered to do so by the police. If possible, take photographs of the scene of the accident and the vehicles. If you have a passenger ,have them take the photos. Take as many photos and videos as you can. If you can, get photographs taken of any visible injuries. Take lots of pictures every few days or each week until the injury heals. In a serious auto accident, don't "sign away" your totaled car before first clearing it with your lawyer. The wreckage may contain valuable evidence. Photographs can prove invaluable in proving disputed aspects of your case. Save receipts for prescriptions, medical reports and bills, police reports and any other relevant documents you receive. Give these to us.
3. Identify Witnesses Often, witnesses will try to leave the scene before the police arrive. Encourage them to stay to give a statement to the police. Regardless if they stay, try to get the names, addresses and telephone numbers of any witnesses to the accident.f
4. Get the other drivers information Be sure to get the other driver’s name, address, phone number, license plate number, car registration information and automobile insurance company name and policy number.
5. Seek immediate medical attention If you are offered medical attention by the police, accept it. After a collision, with the excitement and fear, you may not realize how seriously you are injured. If the police or the emergency medical personnel offer you an ambulance ride to the hospital, take it. Let the doctors check you out and follow medical advice. If a doctor in the emergency room tells you to follow up with your family doctor or an orthopedic surgeon, make and keep the appointment. If your doctor sends you for diagnostic studies or physical therapy, follow that advice. Clients who ignore the treatment recommendations of their physicians neglect their health and damage their case. If you don't follow this advice, the insurance company will use your decision not to accept medical care as proof that you weren't really injured.
6. Find an experienced personal injury attorney If you have been in a serious cross border accident you should consult with an experienced attorney as soon as possible. The rules and regulations regarding these types of accidents are complex and require the assistance of experienced counsel. We offer free consultations regarding cross border personal injury cases. You need an attorney who focuses on personal injury cases to get proper representation. You are best served by an attorney who regularly fights for clients against insurance companies and understands the nuances of cross border cases.
7. Report the accident to your insurance company Your insurance policy requires you to report accidents. Be sure to call as soon as you can.
8. Be careful whom you talk too You should not talk with anyone about how the accident occurred, other than your attorney. Any statements you make can be used against you in both criminal and civil court. Avoid talking about the accident if you are medicated or in great pain. It is especially important to never talk to the other driver’s insurance company or give a recorded statement without your attorney being present. Often after an accident, insurance company representatives will call and request a recorded statement. Sometimes an agent will offer to come to your house, and write down what you tell them and ask you to sign it. Sometimes the company will send you a form, and ask you to write what happened and draw a diagram. Don't give such a statement, either to the other driver's insurance company or your own. Don't write the narrative. Don't draw the diagram. If a company wants a statement from you, that means there are important legal issues in the case. Politely decline any recorded statement.
9. Don't sign anything Do not sign anything without first getting the advice of an experienced cross border personal injury attorney. A private investigator may ask you to sign a statement. The insurance adjuster may offer you a money settlement and ask you to sign a release of your claim. You should not sign anything without reviewing it with your attorney. Don't sign a medical authorization or a "medical release form". Often after an accident the insurance company will send a letter asking you to sign a medical authorization so that the company can obtain your medical records and confirm your injuries. Don't sign such an authorization. Consult with us instead. Furthermore, don't sign a lien letter or assignment. If you are an American, your own medical insurance company may send a letter asking you to repay the insurance company for accident related medical bills it paid. Don't sign such a letter. Depending on the jurisdiction, your medical insurance may not be entitled to be repaid out of your injury settlement. We will tell you if you have to repay any medical insurance benefits you receive, and when, and how much you have to pay.
Statute of Limitations
Choose a state from the list below for state-specific statute of limitations laws, identifying the time limits for filing a personal injury case in your state.
|Alabama||Ala. Code § 6-2-2 et seq.||2||6|
|Alaska||Alaska Stat. § 09.10.010 et seq.||2||2 (Personal Property)|
|Arizona||Ariz. Rev. Stat. Ann. § 12-541 et seq.||2||2|
|Arkansas||Ark. Code Ann. § 16-56-101 et seq.||3||3|
|California||Cal. Civ. Proc. Code § 312 et seq.||2||3|
|Colorado||Colo. Rev. Stat. § 13-80-102 et seq.||2||2|
|Connecticut||Conn. Gen. Stat. Ann. § 52-575 et seq.||2||2|
|Delaware||Del. Code Ann. tit. 10, § 8101 et seq.||2||2|
|District of Columbia||D.C. Code § 12-301 et seq.||3||3|
|Florida||Fla. Stat. Ann. § 95.011 et seq.||4||4|
|Georgia||Ga. Code Ann. § 9-3-20 et seq.||2||4|
|Hawaii||Haw. Rev. Stat. § 657-1 et seq.||2||2|
|Idaho||Idaho Code § 5-201 et seq.||2||3|
|Illinois||735 Ill. Comp. Stat. 5/13-201 et seq.||2||5|
|Indiana||Ind. Code Ann. § 34-11-2-1 et seq.||2||2 (Personal Property)|
|Iowa||Iowa Code Ann. § 614.1 et seq.||2||5|
|Kansas||Kan. Stat. Ann. § 60-501 et seq.||2||2|
|Kentucky||Ky. Rev. Stat. Ann. § 413.080 et seq.||1||2 (Personal Property)|
|Louisiana||La. civil code § 3492 et seq.||1||1|
|Maine||Me. Rev. Stat. Ann. tit. 14, § 751 et seq.||6||6|
|Maryland||Md. Courts & Jud. Proc. Code Ann. § 5-101 et seq.||3||3|
|Massachusetts||Mass. Ann. Laws ch. 260, § 1 et seq.||3||3|
|Michigan||Mich. Comp. Laws § 600.5801 et seq.||3||3|
|Minnesota||Minn. Stat. Ann. § 541.01 et seq.||6||6|
|Mississippi||Miss. Code. Ann. § 15-1-1 et seq.||3||3|
|Missouri||Mo. Rev. Stat. § 516.097 et seq.||5||5|
|Montana||Mont. Code Ann. § 27-2-2021 et seq.||2||2|
|Nebraska||Neb. Rev. Stat. § 25-201 et seq.||4||4|
|Nevada||Nev. Rev. Stat. Ann. § 11.010 et seq.||3||3|
|New Hampshire||N.H. Rev. Stat. Ann. § 508:1 et seq.||3||3|
|New Jersey||N.J. Stat. Ann. § 2a:14-1 et seq.||6||6|
|New Mexico||N.M. Stat. Ann. § 37-1-1 et seq.||4||4|
|New York||N.Y. Civ. Prac. Laws & Rules § 201 et seq.||3||3|
|North Carolina||N.C. Gen. Stat. § 1-46 et seq.||3||3|
|North Dakota||N.D. Cent. Code § 28-01-01 et seq.||6||6|
|Ohio||Ohio Rev. Code Ann. § 2305.03 et seq.||4||4|
|Oklahoma||Okla. Stat. Ann. tit. 12, § 91 et seq.||2||2|
|Oregon||Or. Rev. Stat. § 12.010 et seq.||6||6|
|Pennsylvania||42 Pa. Cons. Stat. Ann. § 5501 et seq.||2||2|
|Rhode Island||R. I. Gen. Laws § 9-1-12 et seq.||3||10|
|South Carolina||S.C. Code Ann. § 15-3-510 et seq.||3||3|
|South Dakota||S.D. Codified Laws Ann. § 15-2-1 et seq.||3||6|
|Tenessee||Tenn. Code Ann. § 28-3-101 et seq.||1||3|
|Texas||Tex. Civ. Prac. & Rem. Code § 16.001 et seq.||2||2|
|Utah||Utah Code Ann. § 78-12-22 et seq.||4||3|
|Vermont||Vt. Stat. Ann. tit. 12, § 461 et seq.||3||3|
|Virginia||Va. Code Ann. § 8.01-228 et seq.||2||5|
|Washington||Wash. Rev. Code Ann. § 4.16.005 et seq.||3||3|
|West Virginia||W. Va. Code § 55-2-1 et seq.||2||2|
|Wisconsin||Wis. Stat. Ann. § 893.01 et seq.||3||6|
|Wyoming||Wyo. Stat. § 1-3-102 et seq.||4||4|
Note: We provide this chart as a rough guide. State laws are constantly changing -- contact us to verify the state law(s) regarding any limitations on your cross border personal injury suit. Moreover, jurisdiction is always an issue, especially in cross border personal injury cases. If a lawsuit becomes necessary, the jurisdiction of the State courts versus the Federal courts may become an issue. The diversity statute, 28 U.S.C. § 1332(a), grants jurisdiction over cases where the matter in controversy is greater than $75,000 and the dispute is between “(1) citizens of different States; (2) citizens of a State and citizens or subjects of a foreign state; (3) citizens of different States and in which citizens or subjects of a foreign state are additional parties. You will need an experienced cross border personal injury attorney to help determine jurisdiction.
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