Parker Waichman LLP’s dedicated car accident lawyers want to remind you that you may be entitled to compensation for your injuries, losses, and expenses resulting from a car collision. Our auto accident lawyers will fight to ensure that those who disregard safety rules and endanger others on roads are held responsible for injuries.

COMMON CAUSES OF CAR DAMAGES

Many irresponsible decisions can be made by offending drivers that could support a compensation claim.

Texting and driving while distracted, regardless of whether it is another passenger, the radio or an outside source, is not a good idea.

Driving under the influence of alcohol or drugs is illegal, even if it’s a prescription medication that the driver can use or over-the-counter medicines readily available for purchase.

Driving at a speed beyond the speed limit or operating at a rate where the driver is unable safely to control their car

• Failure to adhere to other traffic laws or unwritten rules of the road
• Failure to properly signal before turning or making an illegal U-turn

Driving a car, truck or another vehicle in disrepair due to its tires, brakes or windshield is damaged, or any other components.

Other reckless, careless, or thoughtless behaviours

If a car accident does happen, the first thing you should do is call an ambulance. This will protect your and your family’s health and your vehicle accident lawsuit against claims that you failed to seek medical attention for your injuries or losses.

What do I need to file a successful car accident claim?

Dangerous roads and intersections car accident lawsuit is only possible if there is evidence that at least one other person was negligent and that their behaviour caused your injuries. It is difficult to know when the line between reasonable and unreasonable behaviour is crossed. Your compensation claim will be denied if you fail to show negligence.

The success of your case will also depend on other factors:

• Negligence on both sides; in certain states, if your injuries are your fault, it will impact your ability to collect compensation
• You can also be considered careless if you fail to seek treatment immediately for your injuries
• Inability to prove the financial value of your crash-related losses and expenses

Suppose you filed legal action within the time limit. A court can dismiss your car accident lawsuit if you wait too long to file it. This applies regardless of how severe the injury was or how clear the evidence is that the other driver was negligent.

A skilled legal counsel can help you gather the evidence and testimony needed to support your economic and non-economic losses. You can be sure that your case will be handled by the most qualified car accident lawyer in the country when you contact us.

STAGES OF A CAR-CRASH LAWSUIT

Our firm has a top-rated auto accident lawyer who will help you navigate this process. However, it may be easier for people to feel more comfortable if they are familiar with the steps involved in an automobile accident lawsuit. Here is a brief overview of the process:

FILE THE CASE

Each car accident claim for compensation starts with you, the victim, filing your petition or complaint in court. This first document briefly describes the facts you believe prove that the other driver was careless and caused your injuries. The defendant then has the option to deny or admit the allegations.

PRELIMINARY MOTIONS

• The defendant can make a few motions to affect the case. These are:
• A move to alter the venue
• An action to modify the judge
• An action to remove from a state court to a federal court
• A motion to dismiss

DISCOVERY

Next, the discovery phase will be completed. This is where you and other parties to the dispute will informally and formally exchange documents, evidence, police reports, information about witnesses, and any additional relevant information to support your claim for damages. This phase aims to give all parties a fair chance to prepare their cases and encourage parties to settle their disputes quickly if the evidence does not support them.

TRIAL

If the case is not resolved or settled through other means, it will go to trial. Trial requires you to prove that the other driver involved in your accident was negligent and that you suffered a loss that could be compensated through a financial award. If you meet this burden of proof, the judge/jury who hears your case will give a verdict in favour of you and determine how much compensation you should get for your losses. You will only receive compensation if you meet this burden of proof.

After the trial has ended and the jury returns a verdict, the losing side may be able to appeal that verdict to an appellate judge. An appellate court will examine the proceedings in the trial courts for legal errors and, if they find any, will send the case back to the trial court for another trial or other corrective action. If the appellate court does not confirm the verdict, it will be deemed final.

WHAT DO CAR ACCIDENT ATTORNEYS DO?

Parker Waichman attorneys can help you pursue your car accident lawsuit.

PREPARATE YOUR INITIAL COURT FILINGS & SUBSEQUENT MOTIONS

Any documents submitted to the court that do not comply with the formatting rules could be rejected without them being filed. Your attorney will be familiar with these requirements and can ensure that all documents are correctly formatted and filed promptly.

Help You Find Secure Witnesses and Evidence

If you only have your testimony, your compensation claim won’t be accepted. Other witnesses must support your claims, sometimes including experts in accident reconstruction and other fields. A vehicle accident lawyer will not only know what evidence is most likely to support your claim, but they can also help you locate and secure the attendance of witnesses.

So that you and your family can make informed decisions about your case, we offer information to help.

An attorney can guide you through all the decisions in a case and help you understand each option’s consequences. Your attorney can help you know and explain the terms of settlement offers made by other parties. You can be sure that we will answer your questions promptly and provide expert advice.

CAR WRECK LAWSUIT QUESTIONS ARE COMMONLY ASKED

Is a car accident considered a personal injury case?

Car accidents, such as those involving motor vehicles, are one of the most common types of personal injury. You can file an individual injury case after a car accident, regardless of whether you are a rider, driver, pedestrian, or an innocent bystander.

What is the most common injury in a vehicle collision?

Car accidents cause the most injuries:

• Convulsions and bruising
• Whiplash
• Neck and back injuries
• Concussions
• Traumatic brain injuries
• Post-traumatic stress disorder
• Broken bones
• Internal bleeding

WHAT TIMES DOES IT TAKE TO SETTLE A CAR ACCIDENT LAWSUIT?

Most lawsuits can be settled or a verdict within a few months to one year. Complex cases involving car accidents may require a jury trial for several years. It depends on many factors, including the strength of your case and whether you and other parties want to settle rather than go to court.

DO YOU ALWAYS GET A SETTLEMENT FROM A CAR CRASH LAWSUIT?

Although the majority of car accident lawsuits are settled, some believe that only nine per cent of all cases will be resolved. You and the other parties will decide to settle your claim. Although settlement agreements offer you monetary compensation faster than if your case went to trial, you will often get less bonus than if your case was won at trial. Our firm can help you decide whether to settle.

What is the average settlement for a minor car accident?

Because personal injury cases are unique, there is no single settlement. For minor injuries, payments can range from a few thousand dollars to as much as $30,000

WHAT IS THE AVERAGE SETTLEMENT DURING A CAR ACCIDENT WITH INJURY?

The number of settlements in car accident litigation can vary depending on the severity and extent of the damages. They may range from $20,000 for less severe cases to much more if serious injuries warrant a more significant damages award.

WHAT IS THE MEDICAL FORM OF PAIN AND SUFFERING IN A CAR ACCIDENT

Insurance companies consider the extent of your injuries and their permanence to estimate pain and suffering. They will often multiply your medical expenses by a number between 1 and 5 to calculate the amount of pain and suffering. The multiplier is higher for severe or permanent injuries.

WHAT TYPE OF PAIN AND CONDITIONING RESULTING FROM A CAR ACCIDENT CAN YOU DEAL WITH?

Because most car accidents involve minor injuries, the typical pain and suffering payout is below $15,000. This amount will be higher for people who have suffered more severe injuries.

Who pays the settlement in a car crash lawsuit?

To pay out a settlement for a car accident, there are three sources: the insurance company of the other driver, the personal funds of the driver, and your own insurance company. Although the insurance policy of the offending driver can cover the settlement, many insurers have settlement limits. The offending driver must pay the funds if the payment is greater than the insurance company’s limit. If the other driver pays the settlement amount, your insurer will be notified.

Who is responsible for an auto accident? DO YOU SUE THE DRIVER?

You will often file a claim with your insurance company and then sue the driver if necessary. The answer to this question depends on the specific details of your case and the laws in each state. You must have a competent car accident lawyer to help you navigate seeking compensation.

Is it worth suing after an accident with a car?

It’s worth considering filing a lawsuit if your losses are more significant than what the other driver’s insurance will cover. You may only receive the compensation you deserve if your driver has adequate insurance. Qualified car wreck lawyers will help you ensure you receive the maximum compensation for your losses. In some states, your automobile insurance company is responsible for covering your medical expenses and injuries. However, you can still file a lawsuit if you have serious injuries.

Is it worth getting a car accident lawyer?

Yes. You should consult an attorney immediately after a car accident to receive a professional opinion about whether or not you should file a claim. An experienced lawyer will significantly increase your chances of getting total compensation if you decide to pursue legal action.

WHAT TYPE OF ATTORNEY SHOULD I USE FOR A CAR ACCIDENT CLAIM?

You must speak with a lawyer immediately if you have been in an accident involving a car and sustained severe injuries or property damage. You will have more time to build a strong case and get more evidence the sooner you act.

HOW DO I CHOOSE A CAR ACCIDENT LAWSUIT ATTORNEY?

These steps will help you find the right automobile accident lawyer to represent your case:

Find personal injury lawyers in your area to discover firms with a strong reputation and a track record for success.

To get a case evaluation, meet with the most promising candidates. You can meet with the best candidates to get a case evaluation.

WHAT IS THE COST OF A CAR ACCIDENT ATTORNEY?

Parker Waichman’s hourly rate as a car wreck lawyer varies depending on their skill and experience. However, we work on a contingency fee basis. This means we are paid from a portion of your settlement or jury award, not your pocket. We only get paid if you receive compensation.

Who pays for the attorney in a car accident lawsuit?

Parker Waichman will pay us our costs if we work with them. We are paid a percentage of the compensation.

HOW LONG DO YOU HAVE TO WAIT FOR A CAR ACCIDENT

Personal injury cases have a statute of limitations determining how long it takes to file a suit. This time limit can vary from one state to another and depends on your particular case. An experienced auto collision lawyer, such as the lawyers at our national law firm, will be able to calculate the deadline for your claim.

CAN YOU SUE IF A CAR ACCIDENT IS YOUR FAILURE?

It all depends on your state’s laws. You can’t get damages if you are partially responsible for an accident in some states that follow the contributory negligence rule. Others follow the comparative negligence doctrine. This means you can sue another driver for damages even though you are partially responsible for the accident.