Understanding Your Legal Rights After a Serious Traffic Collision
The minutes after a serious car crash are really crazy. You have adrenaline you have to call the insurance company. You have to make medical decisions. Your legal rights are usually the thing you think about but they become important almost right away often before you even realize it. So what actually matters if you have to deal with a car accident lawsuit as part of your recovery from a traffic collision?
Your Rights Start at the Scene of the Car Crash
Once you are safe and the doctors say you are okay there are a things you can do to protect yourself later on. Taking pictures of the damaged cars the road and any injuries you can see is an idea. This creates evidence that is hard to make again later. Getting a police report is also important because insurance companies and courts use these reports to figure out what happened in the car crash. And be careful what you say at the scene of the car crash because it can come back to haunt you later. Even saying "I am sorry" can be used against you in some situations so it is an idea to be careful with your words even when you are really upset.
Figuring Out Who is at Fault in the Car Crash is Not Always Simple
Most people think that figuring out who is at fault in a car crash is easy and happens quickly.. It is often not that simple especially if there are many cars involved in the car crash or if people disagree about what happened with the traffic signals. Many states use a system where you can still get money even if you are partly at fault in the car crash. You just get money because you were partly to blame. Some states have rules, where if you are even a little bit at fault in the car crash you might not get any money at all. This is why a car accident lawsuit often focuses on how to divide up the blame in the car crash than just on who hit whom.
What Kind of Damages Can You Actually Get Money For After a Car Crash
A serious car crash usually involves more than fixing your car. The money you can get in a car accident lawsuit generally falls into a categories: money for things like medical bills, lost wages and future medical costs, money for things like pain and suffering and in some cases money to punish the other person for being really reckless in the car crash. If you have injuries like damage to your spine, a traumatic brain injury or a permanent disability from the car crash you will need to get documents from your doctors that say what kind of care you will need in the future because any money you get from a settlement or a court decision is usually final.
The Insurance Company is Not on Your Side After a Car Crash
It is easy to think that the drivers insurance company will be fair especially at first when they call you quickly and offer you a settlement. But that is not usually because they are being generous. It is because they are trying to make a deal before they know how badly you are hurt in the car crash. If you accept their offer you usually cannot ask for money later even if your injuries get worse. This is why many people end up needing a car accident lawsuit of just dealing with the insurance company. The initial offer did not cover the real cost of the car crash.
Deadlines for Filing a Claim Are Important After a Car Crash
Every state has a deadline for filing a claim for an injury, which is usually somewhere between one and six years depending on the state and the type of claim. If you miss this deadline you usually cannot sue all no matter how strong your case is. Since recovering from your injuries and negotiating with the insurance company can take a time after a car crash it is a good idea to know your states deadline early on rather than assuming you have plenty of time.
When You Actually Need a Lawyer After a Car Crash
You do not need a lawyer for every car crash.. If you are in a serious car crash with significant injuries disputed fault or an insurance company that is not being fair that is exactly when having a lawyer can make a big difference in the outcome of your car accident lawsuit. Lawyers who work on contingency, which means they only get paid if you win your case can help you without you having to pay them upfront.. Just having a lawyer can make the insurance company take your case more seriously.
The Bottom Line After a Car Crash
Understanding your rights after a car crash is not about assuming you will have to go to court. Most cases settle without a trial.. Knowing how fault, damages and deadlines work in a car accident lawsuit means you can negotiate with the insurance company from a position of knowledge rather than just reacting to their first offer.
This article is for information only and is not a substitute for advice from a licensed attorney about your specific situation.
