What damages can you recover after a car accident?

An insurance company may make you a low-ball settlement offer after a car crash.  However,  a car accident attorney can help you get maximize compensation for the following:

• Medical costs
• Rehabilitation
• Lost wages
• Loss of earning capacity
• Pain and suffering
• Physical limitations
• Disfigurement
• Loss of consortium
• Property damage
• Car rental and towing

Seek Medical Treatment

Even if your injuries don’t appear right away, seek medical attention as quickly as possible. In the aftermath of a car accident, you may experience a rush of emotions and adrenaline, which could mask symptoms of serious injuries. Car accident injuries often take time to manifest themselves. After a few days, what initially seemed like a minor ache could become a much bigger problem.

Prompt medical treatment serves many purposes. First, it may shorten your recovery time by allowing you to identify your injuries quickly and treat them properly. Second, every time you see a doctor or medical provider, he or she will create records that describe your symptoms and record their diagnosis and treatment recommendations. These records serve as valuable evidence in your car accident claim.

When you meet with a doctor, give them an honest, accurate description of your accident and symptoms. The doctor should record this information in your medical records, linking the crash to your injuries. Both insurance companies and the courts rely heavily on these records when they review claims.

In addition, you also should call a car accident lawyer. Insurance companies frequently delay or deny valid injury claims. An experienced attorney can ensure that you don’t fall prey to bad faith practices.

Collect Your Evidence

If you are able to get out of the car and move around, you should gather as much information as possible. Make sure you get the name and contact information of the other driver and any witnesses. Take pictures of the scene and write an account of what happened. Call the police and make an official report of the crash.

You’ll also want to review all of the insurance policies involved in your accident. Depending on the circumstances surrounding your crash, you may have multiple claims, including:

• Liability claim against a negligent driver
• Med-pay or personal injury protection (PIP) claim with your insurance company (if you have this optional coverage)
• Uninsured and underinsured motorist claim with your insurance company
• Product liability claim if your accident was caused by a defective or dangerous vehicle or auto part
• Dram shop liability claim if a bar or restaurant knowingly overserved a drunk driver

Identifying these claims and reviewing insurance policy documents can be an intimidating process. An attorney can examine your case, explain your options, and help you with the process of filing a claim for compensation.

Consult with an Experienced Car Accident Lawyer

To sum it up, if an insurance company tries to contact you right after the accident, be careful about making statements that could hurt your case later. The insurance adjuster might seem sympathetic, but his or her job is to review car accident claims and deny as many of them as possible. Without the guidance of a lawyer, you could easily make mistakes that lead to a denied claim. Your lawyer can help you prepare for a recorded statement, if one should be done at that point, and ensure that your forms are completed correctly.

It’s also important that you act quickly. Car accident claims involve relatively short filing deadlines. If you miss these deadlines, you’ll lose your right to compensation – no matter how strong your claim would have been.  In other words, the sooner you speak with Hall-Justice Law Firm, the sooner he or she will start investigating your claim, collecting evidence, and filing the appropriate paperwork.

Common Parties Liable In Car Accidents

Car accidents often result from various factors, including driver error, mechanical failures, and hazardous road conditions. Determining liability is essential for pursuing compensation. While the driver at fault is usually the first suspect, other parties may also share responsibility. A Lafayette, IN car accident lawyer can evaluate your case to determine who was negligent in your case. Call Hall-Justice Law Firm LLC to learn more.

The At-Fault Driver

The driver responsible for causing the accident is the most common party held liable. Driver negligence can take many forms, including:

• Distracted driving: Texting, eating, or engaging in other activities that take attention off the road.
• Speeding: Exceeding the speed limit or driving too fast for weather or road conditions.
• Driving under the influence: Operating a vehicle while impaired by alcohol or drugs.
• Reckless or aggressive driving: Tailgating, weaving in and out of traffic, or ignoring traffic signals.

Evidence such as police reports, eyewitness accounts, and traffic camera footage can be critical to proving liability. In states with comparative negligence laws, the at-fault driver may share liability with other parties if multiple factors contributed to the crash.

Vehicle Owners

If the vehicle’s driver does not own it, the owner may still bear some liability under vicarious liability laws. This often applies in the following scenarios:

• Lending a vehicle to an unfit driver: The owner may be held responsible if they knowingly allowed someone unlicensed, intoxicated, or otherwise unfit to drive their vehicle.
• Employer liability: If the accident occurred while the driver was using a company-owned vehicle for work-related purposes, the employer may be liable under respondeat superior, a legal doctrine holding employers responsible for their employees’ actions during work.
• Owners are also liable if their vehicle has safety defects or is improperly maintained. For example, failing to fix worn-out brakes or broken headlights could lead to an accident.

Manufacturers Or Auto Repair Shops

Defective vehicles or substandard repairs can contribute to accidents, making manufacturers or mechanics liable. This type of liability is particularly relevant in cases involving:

• Defective parts: Brake failures, tire blowouts, or airbag malfunctions can cause accidents. If a defect is found, the vehicle manufacturer or part supplier may be held accountable under product liability laws.
• Improper vehicle repairs: Mechanics who fail to properly diagnose or fix problems, such as faulty steering or malfunctioning electronics, may share responsibility if their negligence contributed to the accident.
• Recalls: If the manufacturer issued a recall but failed to notify vehicle owners or rectify the defect promptly, they could face additional liability.

To be successful, victims need to demonstrate that the defect directly caused or contributed to the accident. A Lafayette car accident lawyer often uses expert testimony to prove this point.

Government Entities

Poorly maintained roads or unsafe infrastructure can lead to accidents, making government entities or municipalities liable. Common examples of hazardous road conditions include:

• Potholes and road damage: Large potholes, uneven surfaces, or crumbling pavement can cause drivers to lose control.
• Missing or obscured road signs: Faded, damaged, or missing signs can lead to confusion or unsafe driving conditions.
• Malfunctioning traffic signals: Broken or poorly timed traffic lights can result in collisions at intersections.
• Inadequate road design: Sharp curves, lack of guardrails, or improper drainage can create dangerous driving conditions.

Filing a claim against a government entity often involves stricter deadlines and procedures, such as notice of claim requirements. Victims must act quickly to preserve their right to compensation.

Have You Been Injured? Let Our Firm Help

Understanding all potential sources of car accident liability is crucial for securing the compensation needed to cover damages. An experienced Lafayette car accident lawyer can help identify all responsible parties and build a strong case to maximize recovery. Call Hall-Justice Law Firm LLC today to schedule a free and confidential case evaluation to learn more.

Car crashes may be caused by driver error, mechanical malfunction, or environmental situations. They include:

• Distracted driving
• Drunk driving
• Driver fatigue
• Speeding
• Reckless or aggressive driving
• Failure to obey traffic signals
• Failure to follow traffic laws
• Defective parts
• Potholes and broken roads
• Construction zones