Being involved in a motor vehicle accident can be a frightening and overwhelming experience, and in the immediate aftermath, it’s hard to think about the steps that will have to come next, such as medical recovery, vehicle repairs and potentially being forced to take time off work to recuperate. Handling these matters correctly often comes with financial costs.  For some of us our time is far more valuable than dealing with insurance companies who are ready to cash you out with little compensation in comparison to having representation.

There are multiple types of compensation available to drivers, passengers, cyclists and pedestrians who find themselves caught in motor vehicle collisions, each designed to take care of a different part of the recovery process. Some categories of damages are designed to assist with medical bills, others the pain and suffering of lingering injuries, and still others to offset lost earning potential.

COMPENSATION FOR PAIN & SUFFERING OF PERSONAL INJURY 

Some kinds of compensation are relatively straightforward, as they are designed to help you with very specific costs such as ambulance fees and payments for ongoing medical care. Non-economic losses are a little different, however. This is the damage to your quality of life that has been incurred by a car accident.

Personal Injury Claims

In the United States, the Bar Association describes personal injury as follows.  Automobile accidents, the area in which most personal injury actions arise, provide a good example of how the tort system works. You have a negligence claim in a "fault" state if you are injured by a driver who failed to exercise reasonable care, because drivers have a duty to exercise reasonable care anytime they are on the road. When they breach that duty and your injury results, personal injury law says you can recoup your losses. (Note, though, that the system may be very different in states that have passed no-fault laws.)

Negligence reaches far beyond claims stemming from car accidents. It is the basis for liability in most personal injury lawsuits, including medical malpractice.

COMPENSATION FOR FUTURE LOSS OF EARNINGS

Future loss of earnings or wages refers to a class of damages awarded in a personal injury claim. These types of damages can be awarded in cases where the injury has permanently limited the plaintiff's ability to earn wages.  Some resources go into more details of how you could be compensated from lost wages.

COMPENSATION FOR MEDICAL EXPENSES - WHO PAYS?

In states with no-fault insurance, one should expect to be responsible for paying medical bills as they accumulate. However, some drivers in select states will have medical payment insurance coverage, which is known as “med pay” coverage. “Med pay” coverage can pay for medical bills of drivers or passengers who were involved in a car accident. The policy limit is generally less than $10,000.  After your bills exceed “med pay” policy limits, one will be responsible for paying them. “Med pay” coverage is not always a mandated requirement, so if neither accident party have “med pay” coverage, you will be responsible for paying the bills.  To really get deep in knowledge you can continue reading in more depth at AllLaw.

COMPENSATION FOR THE LOSS OF A LOVED ONE

A wrongful death lawsuit is a personal injury liability action that can be taken against an auto insurance company.  Typically a wrongful death claim can be made against any person or company that was negligent and caused a death, including car drivers, medical professionals and businesses. Calculating the amount of damages for a wrongful death lawsuit car accident can be a very complex; which in most cases can require the expertise of personal injury Attorney team.

LIST OF CRITICAL DETAILS TO TRACK

1. Copy of insurance which should include vehicle details; from person at fault. With a phone camera take a photo of license plate number of the car and insurance card. Even if your car was the one at fault, you need this information!  

2. The police incident report #.  If there is not a police presence at the accident scene, this number will be created when you call the authorities to report the incident. Having this number is the best way to prove that a collision did occur, and will prevent you from having to convince insurers using other details such as scene photos or news reports.

3. Medical records and details of the accident.  While you won’t need detailed documentation to start the claims process, the information contained in these files is essential for insurers to assess how much you are eligible for. 

4. Pay stubs or other economic information.  Applying for income support means giving insurers an accurate picture of how much you earned each week before the accident. By the same token, when applying for one-time costs such as funeral or transportation expenses, you should be ready to prove your employment wages.

DO YOU NEED LEGAL REPRESNTATION?

When claims become complicated – for instance, if you cannot agree with an insurer about what you are owed – you will be grateful to have a legal expert in your corner.  If you’ve been hurt and feel you’re entitled to compensation, call us today and we will connect you with one of our attorney partners ready to fight for you!