When it comes to determining a fair settlement in a car accident there is no set formula. It will all depend on the unique circumstances surrounding your accident and the various factors that may play into it. It is best to consult with a personal injury attorney to get a better understanding of what your legal options are and the types of compensation you can expect to potentially receive.

In general, there are certain considerations made when it comes to determining a fair settlement in a car accident claim. The first element that you need to determine is who was responsible for the accident. It must be proven that another party was responsible for your car accident, which can be done with different types of evidence.

Documents that would determine negligence in a car accident would be the following:
the police report;
pictures from the accident;
witness statements;
expert testimony;
and other documentation.

Deciding who is responsible for a traffic accident will depend on a number of factors. It would be in your best interest to speak to a personal injury lawyer if you have been involved in an accident and want to file an accident claim.

In order to hold someone liable for damages related to an accident, it will be necessary to prove that person’s fault. While in some cases it may be obvious, in other circumstances, it may be very complicated.

Typically what constitutes fault for an accident is negligence or carelessness. Even if more than one party contributed to the accident, the one who was most at fault will likely be responsible for paying some or possibly all of the damages suffered.

Liability is also based on whether the individual had a duty to make sure another party wasn’t injured. There may be circumstances in which an accident in was not preventable. It is a possibility that the driver did not follow a traffic signal or became distracted, such as changing the radio, or talking or texting on a cell phone.

An accident case has the potential to be more complicated if not only one party was at fault. If an injured party is found partly responsible, the amount of damages received may be decreased by their percentage of fault.

Another consideration that is made in determining a fair settlement for a car accident is the amount of monetary damages you sustained. This can include property damage, your medical bills, any wages you lost from missing work, and other items with set values (bills, receipts, etc.).

Your non-economic damages, such as psychological pain, are the last factors that you need to take into account in determining your settlement. Your personal injury attorney can help you determine a fair amount for these subjective damages.

Since each car accident is unique, it is best to consult with a personal injury attorney who will take the time to carefully evaluate your case. An attorney can make a determination as to whether or not you have a valid claim and provide you an estimate on how much compensation you may be entitled to recover once they become familiar with your case.

You get into an accident with a truck and immediately your mind is racing with thoughts about what to do in order to get things back to the way they were. You are propably not thinking about hiring a personal injury attorney right away, but it something that you should consider so that your rights are protected. This way you can focus more on recovering, instead of on the financial burdens of an accident.

When You Are Still at the Crash Scene

If events were to transpire in such a way that you are able to get your bearings after a truck accident, put a call out to 911 immediately. The odds of getting in a truck accident and having minor damages are very small; therefore, you should call 911 immediately to secure the scene and provide medical care to injured victims.

The following additional 6 tips can help you in determining what to do after an accident:

Stay where the accident occurred until the police tell you that it is okay to leave;
take photos of where the accident occurred, if possible;
record every detail possible about the truck that hit you;
collect the names of anyone who saw the accident take place;
go to the doctor even if you feel as though you are alright;
and be careful what you say (do not say sorry or accuse anyone).
If your injuries prevented you from being able to take the desired actions after a truck accident, don’t assume the worst about your potential claim. An experienced personal injury lawyer who has dealt with truck accidents before can assist you by protecting you throughout the claims process.

Watch Your Actions in the Coming Weeks and Months

Your attorney can help you to establish good habits to help protect your truck accident claim in the coming days, weeks and months. The main things to remember are:

keep records of your accident-related costs, such as medical bills and lost wages;
make sure to go to all of your appointments with your doctor and do exactly what he or she tells you to do;
forgo any activity on social media networks in order to prevent posting any evidence that might harm your claim;
and allow your attorney to speak with your insurance company and the truck driver’s.

A truck accident claim is the most complicated claim involving a motor vehicle. Be aware that the company of the truck driver can eliminate evidence soon after the accident occurs. With an attorney on your side from the start, you have better odds at obtaining vital records before they get sent through the shredder.

Michigan wage and Income loss benefit may be received when injured in a car accident. You are entitled to receive 85% of your gross pay, including overtime, or loss of income for the first three years from the date of the accident, if you are disabled as a result of the accident. This applies to self-employment and many times to those who were not employed at the time of the accident.

To file this type of claim you submit it to the insurance adjusted assigned to your claim. You should submit your claim for wage loss benefits every thirty days, but claims for wage loss claims must be submitted within one year of the date of your disability.

Michigan medical bills, prescription costs, and other expenses benefit can be collected if all medical bills that are reasonable and necessary and related to your car accident are covered by the no-fault insurance company. There is no limit on the amount of money the no-fault insurance company must pay for. The only requirement is that the medical bills are reasonable and necessary for your care, recovery, and rehabilitation.

In-home nursing care/attendant care benefits are also included in these medical benefits for those who need attendance to their personal needs while recovering from injury. Also, case management services are included as well under these benefits. These services include coordinating with multiple doctors, scheduling doctor’s appointments, finding the best medical specialists, and more.

It is highly recommended that you consult with an attorney immediately following the crash to review your car insurance policy, as for some policies have limitations such as what doctors you are allowed to see. If one were to deviate from their policy then their medical bills will not be covered.

Michigan special transportation benefit is for a van or specially equipped van or vehicle to take you to and from medical appointments, usually for someone in a wheelchair. In addition to this benefit, you may also receive reimbursement for gas mileage expenses to and from your medical appointments.

Michigan survivor’s loss benefit is for those who lost the person they are financially dependent on in a car accident. Those who qualify can receive money from the no-fault insurance company for the loss of their financial support and loss of household services as well as payment for a portion of the funeral bill.

Michigan home modifications and accommodations benefits are received when the injured cannot comfortably live in their home due to physical limitations. Therefore, the insurance company is responsible for remodeling for items such as wider doorways and handicapped ramps.

WARNING! It is important to know that not everyone meets the requirements for all these benefits. Therefore, it is highly recommended to contact and consult with a lawyer immediately to find out if you are eligible for any of these benefits.

If you are a victim of an auto accident then contact our office now to speak with an experienced Michigan auto accident lawyer. Call us now at (800) 606-1717.

After an accident occurs, it is common for those involved to feel confused and distraught. When faced with working with a personal injury attorney to figure out who was at fault and recuperating from the accident, it can be very overwhelming.

More than likely, your car accident fits the mold of many common car accidents, from rear-end collisions and “t-bone” crashes to head-on collisions and rollovers. The type of accident you were involved in can actually have a huge bearing on just who may be found at fault for your crash. After working with your car accident lawyer and learning more details surrounding your crash, you may find your accident fits the description of one or more common car accidents.

Common Car Accidents on Roadways

Some of the most common car accidents in include: head-on collisions;rollovers;rear-end collisions;side impact collisions (also known as “t-bone” accidents);runoff accidents (the car leaves the roadway); speeding accidents;drunk driving accidents; lane-change accidents; and highway accidents.

Common Car Accidents in Which Liability is Almost Always Automatic

There are several types of common car accidents where the other driver’s liability is almost always automatic. This is true when you’ve been rear-ended. Not only can this type of car accident happen at speeds as low as 5 mph during a traffic jam, but it can also occur at 100 mph on highways. Since it is the duty of all drivers to keep a safe distance from the car in front of them, when other motorists fail to do this, they may be found at fault under most circumstances.

An accident where the other driver was drinking is another type of accident where that driver will likely be at fault. These common but serious car accidents actually led to 377 deadly crashes in 2009 alone, according to numbers from the National Highway Traffic Safety Administration.

When you’ve been in a car accident with a drunk driver, chances are, you had little to no role in causing the accident, as the other driver was impaired. Since your liability in the accident can potentially impact the compensation you may claim if you’ve been severely injured, you’ll want to work closely with your car accident lawyer to prove what caused your accident.

The Dangers of Common Car Accidents

Just because an accident may be common should not downplay the dangers involved. You probably can relate to this if you have been involved in an accident.

Rollover accidents, in which a car flips onto its side or roof, can be particularly devastating, especially when the roof cannot withstand the vehicle’s weight and crushes the occupants inside. This type of accident is most likely to occur with larger vehicle, such as a truck or an SUV. It’s typically caused when drivers swerve while driving at a high rate of speed.

Another common car accidents that can take place is a runoff. This happens when a car leaves the roadway, increasing the risk the driver will hit trees, street signs, animals and even buildings. You may have been involved in a runoff car accident when another driver hit you, causing you to lose control of the car and leave the safety of the pavement.

This is perhaps one of the most common car accidents because of the state’s expanses of rural roadways. In 2009, more than half of the state’s 894 fatalities involved a runoff crash.

Regardless of the type of accident you’ve been involved in, you may have the right to compensation to account for the injuries you have sustained. To review the circumstances surrounding your accident and determine whether filing a personal injury claim is right for you, you’ll want to meet with a car accident lawyer as soon as possible.

Personal Injury Attorney Shelly Leeke practices accident and injury law in Charleston, South Carolina. She is an attorney, a published author, and founder of the Shelly Leeke Law Firm and can be reached at 888-690-0211 or at LeekeLaw.com. For more information on personal injuries, visit the firm’s accident and injury resource library.

Copyright © 2011 Barry D

A serious car accident can lead to broken bones, which may require expensive medical treatment. If someone else’s negligence has caused you to suffer a broken bone in an accident, an Aurora injury lawyer can help you file a claim to pursue compensation for your injuries.

Common Signs of Broken Bones

While it may not always be obvious that you have sustained a broken bone in an accident, there are a number of telltale signs.

Some of the common signs include:

• abnormally positioned limb;
• bone that juts through skin (compound fracture);
• discoloration or numbness in the affected area;
• obvious deformity in limb; and
• Pain when limb is moved or gentle pressure is applied.

The treatment of broken bones will depend on a variety of factors, so you should discuss your options with an orthopedic surgeon.

Complications from Broken Bones

There can be unforeseen complications with broken bones. Even after treatment options have been utilized, you could suffer from pain, stiffness, arthritis, nerve damage or infection.

There is also the potential for a non-union or mal-union of the bone, commonly seen in severe breaks. Healing delays and muscle damage can also accompany a bad break. All of these complications can lengthen your recovery time and lead to additional treatment costs.

Treatment for Broken Bones

Virtually any bone in the body can be broken. With this in mind, treatment for broken bones will depend on the location and type of break. Often, a cast or brace may be used but in some cases surgery might be required. This is usually only an option after other types of treatment have been tried.

Some surgeries, such as hip or knee replacement, are major and will require a much longer recovery time.

Physical therapy and rehabilitation may be used in lieu of or as a follow up to surgery. Medication may also be prescribed, particularly non-steroidal, anti-inflammatory types. Injections are another option, with cortisone being the most common.

Recovery from a broken bone in an accident may also cause you to miss substantial amount of time from work. Between this and the expenses for treatment, you may need to consider filing a claim to recover some of these costs.

If you have suffered broken bones as a result of a car accident, you should consult with an injury lawyer, who can give you a better idea of your legal options.

Contact a Chicago Personal Injury Attorney at the law offices of Barry G. Doyle, P.C. to improve your chances at a fair settlement and take the burden out of all the paperwork involved in an Illinois personal injury claim, contact us today for a free case evaluation – 312-263-1080.

An accident attorney can be hired if you were involved in an accident in which you sustained injuries as a result of another person’s negligence. You may not need an attorney, though, if you did not suffer major injuries and you could most likely negotiate with the insurance company yourself.
If you have been involved in a serious accident, and someone else’s negligence caused the accident, you should consider hiring an accident attorney. If you have suffered only minor injuries, or property damage and no injuries, you should be able to reach a settlement with the insurance company on your own.

However, when serious injuries are involved, an accident attorney will be better able to negotiate a fair settlement on your behalf or take action in a formal court of law. Your attorney will help you pursue compensation for current and future medical expenses, damage to your vehicle, pain and suffering, time missed from work and other expenses related your injuries.

Finding the Right Accident Attorney for Your Case

When searching for an accident attorney, you may have noticed TV commercials, Yellow Pages or billboards, all of which are full of lawyer advertisements with very little information. The same basic point of these can be found in all advertisements: Pick Me! Base your decision for who to hire on multiple factors, instead of just on the lawyer’s advertising.

There are a few things you should know about lawyer advertising:

-an attorney can advertise for accident cases even if they haven’t handled personal injury cases
-the Yellow Pages and TV commercials don’t verify the information in attorney ads
-the lawyer you see on TV might not be the lawyer who handles your case (your case could go to an associate or be referred to another firm)
-full-page ads in the Yellow Pages and frequent TV commercials are no indication of an attorney’s success
-some lawyers may have their assistants or paralegals do all the work on your case
-and don’t be swayed by ads that make a lawyer appear aggressive (appearances can be deceiving).

Accident cases can be very complex. Experience is one of the important factors that an accident attorney should have. Furthermore, you want an attorney focused on personal injury, not someone who practices in 17 different areas.

Tips for Finding an Accident Attorney

After an accident, 2 organizations can help you search for an attorney: the South Carolina Association of Justice and the American Association of Justice, both of which are networking hot spots for trial lawyers.

These other tips are helpful when deciding what accident lawyer you should hire:

-if you know an attorney, ask for a referral
-check with the South Carolina Bar Association for a referral (be advised lawyers pay a fee to be listed under certain specialties);
-ask plenty of questions to make sure the accident attorney has a thorough understanding of your injury
-be wary of an attorney who rushes you to sign a fee agreement
-stay clear of any attorney who promises you a winning settlement
-and if an accident attorney solicits your business after an accident, be careful (beware of “runners,” who are people who listen to law enforcement scanners and rush to hospital rooms or accident scenes to get victims to sign a contract with an attorney).

Your accident attorney should also be well-informed about the laws that are pertinent to your case.

Communicating with Your Accident Attorney

Because you and your accident attorney will be working closely together, you need to pick someone with whom you feel comfortable. Ask how you’ll be informed as your case progresses, who you can call if you have questions, and who will do the actual work on your case.

If paralegals or legal assistants will be assigned to help with your case, ask if your accident attorney will manage your case. Every piece of documentation about your case should be reviewed by your accident attorney, so that you are best represented in court.

While you recover from your injuries after an accident, you’ll need a lawyer you trust who will protect your legal rights while you focus on recuperating.

The all-new How Law Works podcast featuring Fairfax, Virginia, attorney Ben Glass as its resident legal expert has just produced a podcast on what to do if you’ve been in a car accident.  You can find it on iTunes, where you can also subscribe to future episodes of How Law Works.

Dealing with the insurance adjuster and figuring out the problematic paperwork can be tricky for someone who is not sure how to handle the aftermath of a car accident.  Attorney Glass has produced a book for Virginia consumers on how to deal with these very issues, which you can order for free at TheAccidentBook.com.

You’ll learn how to prevent wrecking your accident claim and what tricks to look out for from insurance companies.  It’s important to be prepared for the potential of a car accident.  Of course, if you have been in a car accident and need advice on how to handle the claim, you can send your questions to the office of Ben Glass by contacting him on his website or by making an inquiry through JustAskBenGlass.com.

Though children are often overlooked when it comes to whiplash claims resulting from rear vehicle impacts and other collisions, research has shown that they are just as likely to suffer from the condition as adults.

In some cases, children may even be more likely to suffer from a whiplash injury, due to their comparatively small size and the fact that their bodies are still developing. Additionally the spine of a child will generally be weaker than that of an adult, making them vulnerable to spinal and neck injuries in a car accident.

In the case of young children who are perhaps unable to explain any pain or discomfort they feel as a result of the accident, special care should be taken, and a GP consulted if you have concerns as to the wellbeing of your child.

What causes whiplash?

Whiplash commonly occurs as a result of vehicle collisions from behind, even at relatively low speeds. The injury is caused by the sudden forwards and backwards motion of the head and neck when the collision occurs. This violent motion can cause the ligaments in the neck to become stretched or torn.

The symptoms of whiplash may include pain and stiffness in the neck, headaches, dizziness and a recurring tingling sensation or loss of feeling in parts of the body. These symptoms often do not appear straight away and in some cases are not experienced until up to a week after the accident. The length of time taken for the condition to get better varies, but can take months or even years. The only real treatments for whiplash are time and physiotherapy.

In the case of a child who may be suffering from whiplash it is important to look out for these symptoms. If they appear to be in discomfort, overly tired or otherwise ‘not themselves’, it is recommended that parents seek a medical opinion without delay.

Why are child whiplash claims less common?

Statistically there are fewer claims for whiplash in children than in adults, and it has been suggested that this may be due to a number of factors – such as sitting in the rear of the car, having more flexible bodies and using special children’s car seats.

However, it may also be that whiplash in children often goes unnoticed or unreported. Clearly in the case of a child suffering whiplash there are no lost earnings to claim for, but children deserve compensation for their suffering just as adults do. If they require medical treatment or therapy for the condition, this is also an added expense, which the parents would have to pay.

Furthermore, because the body of a child is in a state of constant development it is essential that they are properly checked out by a medical professional following a car crash, even at low speeds.

How to make a claim for whiplash if your child has been injured in a car accident.

Claiming for a child suffering from whiplash is much the same as doing so for an adult, though personal injury solicitors will of course need to take extra care.

The first step is to contact a solicitor or personal injury claims company who deal with whiplash injuries in children. They will assess the nature of the accident and will often call upon an independent medical professional to assess the child’s injuries. As well as organising and filing for the claim on behalf of the child and parents, personal injury solicitors can also assist in finding specialist private health care if needed.

Read more about Accident Claims Scotland?

Nick Jervis is a Solicitor (non-practising) and consultant to Edinburgh Solicitor and Personal Injury Specialist Stan Moffat of
Moffat and Co.

Attorney Ben Glass discusses this tragic situation and how you can be prepared for the unforeseen consequences of it in a special edition of the podcast How Law Works.  It is also available at iTunes.

Let’s face it, negligent drivers are the reason most auto accidents occur, and car accident victims unfortunately usually sustain injuries (sometimes serious ones). Some frequent serious injuries car accident victims often sustain include: serious head injures, spinal trauma, lacerations, or even broken bones.

Being caught up in an auto accident is quite a bewildering experience. After you get medical treatment for you and others, you may be faced with some difficult questions:

• Who caused the accident?
• Can I earn compensation from a negligent driver?
• What sort of compensation can I expect?
• Should I hire a lawyer?
• Can I afford a lawyer?
• How do I find one?

To answer these questions and get on the road to recovering financial compensation for your medical bills, ongoing care, missed time at work and more, you will want to follow these three basic steps:

1. Record everything you can remember
Memories fade quickly, and recording your version of the car crash quickly ensures that you can give consistent and accurate testimony later on. Make sure you take pictures of the accident, the tire marks, anything you think would be helpful in proving your version of the events. Be sure to interview passer buyers to see if any of them can serve as witnesses who can later corroborate your story.

2. Never talk to an insurance adjuster
The insurance companies are not looking out for your best interest. Protect your best interests by nicely declining to respond to their questions, and by no means should you sign any documents. Remember, an insurance company is more concerned with the company’s bottom line, than with your well being. They are a business first, and you best believe that they are in business to make money.

3. Hire an experienced lawyer
An experienced and aggressive car accident attorney can protect you against the insurance companies and fight to ensure you get the compensation you deserve. Representing yourself in a multifaceted court case such as this is not a recommended course of action. This isn’t a traffic ticket; this is a serious case. If you don’t think that the insurance company isn’t going to send their top-flight legal team to court to argue their side, then you are only fooling yourself.

You have just been involved in a serious perspective-changing event; take some time to your self together. Remember what is most important: assessing your injuries, establishing a recovery plan, and ultimately getting on with your life. In order to do all three of these things, you need a good game plan, and most likely compensation for your lost time, your immense pain, and any treatment your injuries and subsequent recovery will require down the road. Trust in these three basic steps we recommend, and the rest will take care of itself.

Meet with a South Dakota auto accident attorney from ZDC Law today for more information about your legal rights after being injured in a wreck with a negligent driver. We have been representing clients in South Dakota since 1948; meet with a winning South Dakota Personal Injury Lawyer.