YOUR COMPREHENSIVE INJURY LAW RESOURCE
A personal injury claim is a lawsuit a person files because they’ve been injured as a result of the negligence of another person or a company. These injuries are often physical — such as a back or neck injury suffered in a car crash — but may also refer to psychological, emotional, and financial harm.
According to the Center for Disease Control and Prevention (CDC), more than 29 million people each year receive medical care for accidental injuries. Personal injury cases arise for many reasons, with car accidents, slip and falls, product liability, and medical malpractice representing the most common types of personal injury claims.
Auto collisions sit atop of the list of the most common types of personal injury cases. The judicial system can hold a careless driver responsible for producing the injuries that resulted from a car crash. Camera footage from the scene of an auto collision might demonstrate careless driving, especially if the incident took place at a busy intersection. Local, state and federal transportation agencies also can be held legally liable for a car crash. Poor road maintenance, lack of warning signs and insufficient lighting can be the causes of an auto collision that a government agency must answer for in a courtroom.
- Herniated Disc - Florida - 2021
- Cardona v. Cline
- Adrienn Toth, Rick Block, Alicia Smith
- ARKANSAS: Jonesboro
- CALIFORNIA: Los Angeles
- INDIANA: Evansville and New Albany
- ILLINOIS: Southern Illinois
- MISSOURI: St. Louis
- NEW YORK: New York City
- SOUTH CAROLINA: Hilton Head
- WEST VIRGINIA: Charleston
- Washington, DC: DC Metro Area
A serious car crash can cause life-changing physical and emotional injuries with devastating consequences on home life, career and finances. Recovering adequate compensation for damages can be far from straightforward, even if another is clearly at fault for the crash.
A car crash lawyer’s first task is to determine whether the client has a case against another driver or another liable party. Getting hurt in a car crash does not necessarily give your client the right to sue. The other party in the collision must have caused the accident carelessly or deliberately for your client to have legal recourse. Some collisions are far from clear-cut, especially when several vehicles are involved. A lawyer will examine the circumstances of their client’s collision and may retain investigators or accident reconstruction professionals to understand a complicated collision.
If your client got hurt in a car wreck recently and are unsure whether they qualify for compensation, our car crash lawyers can advise your client and aid in moving the claim forward.
Your client can take crucial steps to protect their legal rights after a car crash, including consulting a doctor and gathering evidence regarding the accident and their damages. However, the most important step could be contacting a car accident attorney as soon as possible after getting hurt in a car crash.
An experienced car accident attorney at Morgan & Morgan can work on protecting your client’s rights and building a comprehensive case right away. They can:
- Determine the facts of your client’s accident
- Identify the liable party or parties in your client’s car crash
- Communicate with the insurance company
- Secure a fair settlement
- Present your client’s case strongly and passionately at trial
If your client suffered the following common car accident injuries or others, a car accident lawyer could help collect damages.
Whiplash is a classic car accident injury caused by the rapid back-and-forth movement of the head during impact. While whiplash is common in rear-end crashes, it can potentially occur in all types of car accidents. A whiplash injury typically develops in the hours and days after an accident, with pain increasing over time. If your client is experiencing headaches or neck stiffness after a car crash, they see should a doctor immediately to evaluate their symptoms.
Like whiplash, a concussion may not develop symptoms until a few days after a car crash. While some concussions are mild, others can be severe and significantly affect brain function. If your client suffered from memory loss, confusion or headaches after a car crash, seek medical advice immediately.
Bone fractures in the arms, hands, legs, and feet can be prevalent in car accidents. While broken bones are rarely life-changing injuries, they can cause prolonged absence from work and require expensive surgeries.
Internal organ injuries and internal bleeding can be life-threatening. Since internal injuries are invisible, a prompt medical evaluation can be vital after getting hurt in a serious car accident.
Musculoskeletal injuries affect muscles, ligaments and nerves. Such injuries can be painful and require lengthy and costly rehabilitation therapies.
While we tend to concentrate on physical injuries, emotional injuries after car accidents can be highly damaging to an accident victim. Traumatic accidents can cause debilitating anxiety, depression and even post-traumatic stress disorder (PTSD).
All injuries from car accidents can cause a great deal of physical discomfort, emotional suffering, and ongoing medical bills. Moreover, victims could lose a considerable amount of income or may never return to their careers.
If your client needs help or advice regarding medical bills, lost income and other damages, our car accident lawyers can help.
Proving Negligence in a Car Accident
To receive compensation, your client will have to provide the necessary evidence showing the negligence of the other party. The four elements of a personal injury case include:
- The other driver owed your client a duty of care
- They breached the duty by, for example, driving dangerously
- The breach of duty directly caused the accident and your client’s injury
- Your client has damages (medical bills, pain and suffering, or others)
According to the National Highway Traffic Safety Administration (NHTSA), most accidents happen due to driver negligence or error. Negligent driving behaviors include, among others:
- Drunk driving
- Texting while driving
- Violating traffic laws
- Ignoring traffic signals and signs
- Driving recklessly and dangerously
Proving negligence of another driver can be a challenge. However, our car accident attorneys know how to prove your case and gather the evidence needed. We have dedicated our lives to fighting for the compensation injured victims and their families need to go on with their lives.
Our attorneys have helped countless accident victims recover costs for their present and future medical treatments and other expenses. We can:
Offer Legal Advice and Guidance
Our attorneys have the legal knowledge, track record, and experience needed to advise your client expertly on their legal rights, options and next best steps after a car accident. They can ensure your client does not miss any essential deadlines and determine the best timing for a personal injury lawsuit.
Calculate Your Economic and Non-Economic Damages
Our seasoned attorneys can calculate all your client’s costs and damages accurately, preventing them from accepting a lowball settlement offer. Economic damages, such as actual medical costs, can be easy to tally up with medical statements. However, calculating your client’s non-economic damages, such as pain and suffering, can be more challenging. Letting an attorney determine your client’s damages can ensure that they receive full and fair compensation for their injuries.
Communicating and Negotiating with the Insurance Company
Negotiating a fair settlement with an insurance company can be tricky without adequate legal representation. Some insurers deny claims outright or employ manipulative tactics to discourage your client from seeking the compensation they deserve.
Representing Your Client in Court
While self-representation is possible, your client may leave money on the table without a car accident lawyer on their side. Your client may have a good case but still lose because they don’t know the technicalities of filing a lawsuit or how to represent their case strongly in a courtroom.
If someone else caused your client’s accident and injuries, they should not have to carry the financial burden. The compensation they can pursue will depend on your circumstances but could include:
Possible medical cost, including:
- Hospital stays
- Medical transportation
- Specialist appointments
- Home health aide
- Medical devices
- Surgical costs
If your client needs time off work to recover from their injuries, they could qualify for awards for any loss of income and future loss of earning capacities.
Pain and Suffering
Serious car accident injuries can cause great significant pain and emotional anguish. If your client suffered severe or life-changing injuries, they could qualify for non-economic damages such as:
- Reduced life quality
- Physical pain and emotional distress
- Loss of a limb
- Scarring and disfigurement
Time Limitations on Car Accident Cases
How long your client can sue after a car accident largely depends on the state your client lives in and whom they intend to sue. The time limits for filing personal injury lawsuits vary from one state to another. In Tennessee, Louisiana, and Kentucky, for example, accident victims typically only have one short year to file a lawsuit. Maine is on the other end of the spectrum. Most other states fall somewhere in between these extremes.
However, the time limits to file a suit could be lengthened or shortened due to various factors. For example, if your client intends to sue a government body, some states require filing notice within 30 or 60 days after your injury. Missing deadlines can make it difficult or impossible for your client to get justice and receive compensation.
- Mary Kate Moran
Mary Moran received her JD at FAMU College of Law. While in law school Ms. Moran began working with Morgan and Morgan as a litigation assistant and paralegal. She is honored to continue to fight for those in need as an attorney with Morgan and Morgan.