Getting involved in a car accident can cause one or more injuries, as well as trigger emotional distress issues such as fear and anxiety. Although the aftermath of a vehicle collision can leave you confused as to how to address your injuries and financial losses, you should act with a sense of urgency by contacting an experienced car accident attorney.
The most important reason to enlist the aid of a car accident attorney concerns getting the compensation that you deserve for suffering financial losses. An auto collision can result in medical bills that run into thousands of dollars. Add to medical bills lost wages and the cost to repair property damage, and you might find yourself in a deep financial hole. Working with a state-licensed personal injury lawyer can help you recover financial losses. Here are four other great reasons to enlist the aid of a car accident attorney. Filing an Insurance Claim Insurance companies prefer to process claims filed by policyholders that are not represented by a personal injury lawyer. Without legal representation, the insurance company processing your claim might either deny it or approve a claim valued well below what you deserve. By hiring an experienced car accident attorney, the insurance company processing your claim knows you are serious about receiving just compensation. Your lawyer gathers and organizes the physical evidence you need to file a persuasive insurance claim. Determining the Amount of Compensation Filing an insurance claim and a civil lawsuit that seeks monetary damages requires your personal injury lawyer to calculate a fair value for compensation. Your attorney combines the tangible costs associated with medical bills, repairs to property damage, and lost wages. Non-economic damages cover the emotional issues that arise from trauma produced as the result of a vehicle collision. Your lawyer calculates a reasonable value for non-economic damages by using a formula that factors in the value of economic damages. Prove Negligence To file a civil lawsuit that seeks monetary damages, your car accident attorney must prove the presence of the four elements of negligence. Duty of care means another party assumed the legal responsibility to ensure your safety. Breaching the duty of care doctrine involves another party committing an act of negligence that caused your harm. The third element of proving negligence involves showing the judge hearing your case that the car accident produced your injuries. Finally, the injuries sustained as a result of an auto crash must have generated financial losses. Filing a Personal Injury Lawsuit Before the Deadline Each state has established a deadline for filing a personal injury lawsuit that seeks monetary damages. Also referred to as the statute of limitations, the deadline for filing a personal injury lawsuit in most states is between two and four years. By hiring an experienced car accident attorney, you can rest assured that you will file a personal injury lawsuit before the expiration of the statute of limitations. If you fail to meet the deadline for filing a personal injury lawsuit in the state where you live, you can expect the court clerk processing your case to remove it from the judicial docket.
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A slip and fall accident can cause one or more serious injuries, such as brain trauma, a fractured wrist, and spinal cord damage. Hiring an experienced personal injury attorney can help provide legal support in many ways, including gathering physical evidence, interviewing witnesses, and ensuring you file a persuasive civil lawsuit that seeks monetary damages.
When you meet with one of our personal injury lawyers, you can expect the attorney to encourage you to act with a sense of urgency for several reasons. Statute of Limitations Each state has established a deadline for filing personal injury lawsuits. Most states have set the statute of limitations between two and four years, while a few states grant as long as six years and as short as one year to take legal action. If you fail to file a civil lawsuit that seeks monetary damages before the expiration of the statute of limitations, you can expect the court clerk processing your lawsuit to remove it from the judicial docket. The sooner you hire a slip and fall attorney, the more likely that you will file a civil lawsuit before the deadline set by the state where you live. Witness Accounts Witness accounts of a slip and fall accident provide legal support for the evidence gathered at the scene of a personal injury incident. For example, a fellow shopper at a grocery store can verify the footage captured by a store security camera. However, your slip and fall attorney should interview every witness as close to the date of the slip and fall accident as possible. Witnesses tend to provide less reliable versions of events the longer they wait to meet with a slip and fall lawyer. Recover Compensation Unless you arrange a payment plan with a debtor that allows the debtor to take out expenses from an approved insurance claim and/or a favorable legal judgment, you have the financial obligation to pay medical expenses and other types of economic damages until you receive compensation. Since medical bills can quickly run into thousands of dollars, reaching a quick settlement with an insurance company prevents you from falling deep into a financial hole that might require the filing of bankruptcy documents. Interact with Insurance Company The insurance company that processes your claim wants you to submit the claim as quickly as possible after a slip and fall accident. Without the legal support of a personal injury attorney, the insurance company might take advantage of you by denying a valid claim or approving a claim that is valued well below what you deserve. Because the insurance company wants you to file a claim shortly after a slip and fall accident, you must act quickly when hiring an experienced personal injury lawyer to handle your case. Crowded Judicial Docket The judicial docket for civil lawsuits is typically crowded with cases. This means you might experience a delay in the processing of your case, especially if you plan to take the case to the trial phase of the litigation process. Hiring a personal injury attorney as quickly as possible after a slip and fall accident gets your case heard sooner than if you wait to hire a lawyer a few months down the road. As a type of personal injury law, premises liability covers cases when a visitor to someone’s property sustains one or more injuries because of an act of negligence committed by the property owner. For example, if you slipped and fell while on someone else’s property and the property owner’s negligence caused you harm, you might have a strong enough case to file a premises liability lawsuit.
Winning monetary damages for a premises liability lawsuit can be difficult to do. The key is to submit persuasive physical evidence that includes the statements made by witnesses to the incident. How Can I Strengthen My Premises Liability Case?Submitting convincing physical evidence goes a long way toward helping you receive just compensation for any injuries sustained, as well as for lost wages and property damage. Photographs Taking photos of the accident scene can demonstrate that the property owner failed to take steps to protect your health while you were on the property. For example, if you fell down a flight of stairs because a handrail broke free from a wall, taking photographs of the defective handrail can boost the chances of you winning a civil lawsuit that seeks monetary damages. You should take photos of the accident scene right after the incident to ensure the property owner does not cover up the physical evidence. If you fell down a flight of stairs because of a defective handrail, waiting too long after the accident to take photographs gives the property owner enough time to secure the faulty handrail. Security Camera Footage Unlike a vast majority of public spaces, some private properties do not include a security camera system for an attorney to review. Obtaining video that captures a premises liability accident can establish proof that the owner of the property committed one or more acts of negligence. Working with a premises liability attorney provides you with the legal support that you need to subpoena the property owner to acquire a copy of the video for your lawyer to examine for acquiring additional physical evidence. Medical Bills and Records Copies of medical bills and records provide the evidence you need to seek compensation for the financial losses associated with your injuries. The results of diagnostic tests confirm your symptoms, and a detailed description of treatments and physical therapy sessions informs the judge hearing your case about the extent of your injuries. Copies of medical bills allow your attorney to submit a reasonable value for monetary damages based on tangible expense documents. Financial Records Copies of bank statements and timekeeping records show how much money you lost in wages because of a premises liability accident. You have the right to seek compensation for lost wages, but you must submit documents that verify the amount of time you missed from work, as well as the compensation lost while you mended from your injuries. Your employer should submit copies of timekeeping records. Work with an Experienced Premises Liability Attorney The most effective way to strengthen your premises liability case involves hiring a highly-rated personal injury attorney who specializes in litigating premises liability lawsuits. Your lawyer understands how to prove each of the four elements of negligence, which include a duty of care, breaching the duty of care, causation, and financial losses. In addition, an experienced premises liability lawyer ensures you file your civil lawsuit before the expiration of the status of limitations. Schedule a free case evaluation today with an experienced premises liability attorney to help build the strongest case possible for filing a civil lawsuit that seeks monetary damages. Knowing how to react after getting struck by a car might not be on your radar, but it should be. According to the Governor’s Highway Safety Association, the number of pedestrians killed by a moving motor vehicle jumped more than five percent in 2020, despite the pandemic shutting down a considerable amount of traffic. One of the most common reasons why we see increases in pedestrian accidents with each passing year concerns the use of mobile electronic devices while operating a motor vehicle.
Reasons aside, you should know what to do immediately after getting hit by a car. Call 911 Calling 911 does two important things. First, it alerts the nearest law enforcement agency about the accident. The officers responding to the scene of a car accident involving a pedestrian conduct a thorough investigation that leads to the submission of the formal police report. Second, calling 911 activities the medical emergency response system. You might not be physically able to call 911, which means a witness to the accident should do it for you. Receive Immediate Medical Care Receiving medical care can help you recover faster from the injuries sustained because of a pedestrian car accident. The closest emergency room is the place where you receive critical, even life-saving medical care. Even if you feel healthy enough to remain at the scene of the auto collision, you should eventually get medical care to detect any delayed symptoms, such as those that develop from whiplash or a concussion. Take Photographs of Your Injuries One important type of evidence to submit when filing an insurance claim and/or a civil lawsuit that seeks monetary damages involves photographs of your injuries. You should take photos of every injury associated with the vehicle collision, as well as document each injury by writing down detailed descriptions. The personal injury attorney that you hire needs to present the medical evidence to justify requesting a value for compensation. Copies of medical bills and records also provide persuasive evidence for an insurance company and a civil court judge to review. Receive the Formal Police Report As the most influential type of evidence presented for a personal injury claim and civil lawsuit, the formal police report presents a detailed description of what transpired before, during, and after the other party’s car struck you. The formal police report also includes statements made by witnesses, which your personal injury lawyer needs to have to present as supporting evidence. Towards the end of the formal police report, a section should include information that assigns blame for the party or parties that caused the accident. Schedule a Free Case Evaluation with a Personal Injury Attorney Hiring a personal injury lawyer to handle your pedestrian car accident case improves the chances of you receiving compensation for your injuries. Your attorney helps you file a convincing insurance claim, as well as a civil lawsuit that seeks monetary damages to recover the costs associated with your injuries. If you sustained injuries and/or property damage as the result of a car accident, slip and fall, or a defective product, you should schedule a free case evaluation with a personal injury lawyer. Before you meet with an attorney, you should conduct research that considers the factors to look for when selecting the right legal counsel to represent you.
Experience MattersPersonal injury lawyers that have compiled years of experience litigating cases possess a thorough understanding of state personal injury laws, as well as what it takes to persuade an insurance company to approve a claim and a civil court judge to award monetary damages for the negligence committed by another party. For a personal injury case, you should consider attorneys that specialize in the type of personal injury practice that applies to your case. For example, if you sustained injuries that were caused by the negligence of another driver, you want to work with a car accident attorney. In addition to years of experience, make sure any lawyer on your shortlist has a proven record of helping clients receive compensation. Understands Medical TermsSince most of the compensation that you seek concerns medical expenses, you should consider a personal injury lawyer who understands complex legal jargon. This is especially important if you plan to litigate a medical malpractice case. Complex medical jargon often refers to types of injuries, as well as the prognosis of making a full or partial recovery from the injuries. If you sustained serious injuries caused by a vehicle collision, the car accident lawyer that you choose must understand different types of diagnostic tests and the advice given by a healthcare provider regarding rehabilitation. Effective Negotiation SkillsNot every personal injury case ends up in the litigation process. In fact, the best personal injury attorneys try to negotiate a favorable settlement for clients to avoid a costly and time-consuming civil trial. For example, a skilled car accident attorney calculates a fair value for compensation that keeps the lawyer representing the other party engaged in negotiations. A highly-skilled negotiator knows how to submit fair counteroffers that eventually lead to the resolution of a case. Although you want to work with a personal injury lawyer who tries to negotiate a favorable settlement, you also want to hire a litigator who does not hesitate to take your case to trial if negotiations break down. Responsive CommunicatorResponsive communication involves any lawyer on your shortlist communicating with you in a timely manner. For example, if you sustained injuries that resulted from the negligence of another driver, your car accident lawyer must keep you informed about the status of your civil lawsuit. Your legal counsel should listen to what you want out of your case. If you agree to a settlement offer, but your attorney prefers to go a couple of more rounds with counteroffers, your lawyer should agree to accept the settlement offer. Before the first case evaluation, you have the opportunity to test an attorney for responsive communication by leaving voice messages, as well as sending emails and text messages. A lawyer who takes longer than 24 hours to return any form of communication is not considered a responsive communicator. Finally, read the reviews left by clients on sites such as Yelp and Google. Access an attorney’s Better Business Bureau (BBB) page to discover the reputation rating handed out by the consumer advocacy organization. Companies such as Lyft and Uber that provide ride-sharing services have become an integral form of transportation for millions of Americans. An increase in the number of drivers that contract with Lyft and Uber coincides with a rise in the number of accidents. What happens if you get involved in an accident with a ride-sharing vehicle? Do the same steps taken by victims of other types of car accidents apply to a collision with a ride-sharing driver?
Contact Law Enforcement The first action to take after an accident with a ride-sharing vehicle involves calling the nearest law enforcement agency. Calling the police results in the filing of a formal police report that you need a copy of to file an insurance claim, as well as a civil lawsuit if the ride-sharing driver committed one or more acts of negligence. A law enforcement officer also takes control of the accident scene to direct traffic, as well as ensures the ride-sharing driver has obtained the proper credentials to provide ride-sharing services. Receive Medical Care Medical expenses represent the costliest type of expenses you can expect to pay after a collision with a ride-sharing vehicle. To receive compensation for your injuries, you must undergo diagnostic tests that prove you sustained one or more injuries. If you sustained serious injuries, you must seek medical care immediately after the accident. Otherwise, you remain at the scene of the accident until the law enforcement officer completes the initial investigation. Gather Evidence The law enforcement agency that responds to the ride-sharing accident conducts an investigation that includes gathering and organizing evidence. However, you should take photos of the accident scene that includes images of the damage done to your vehicle and the injuries you sustained because of the accident. Photographs of the accident scene can help your attorney determine whether the ride-sharing vehicle committed one or more traffic violations. Driver and Witness Information Because Lyft and Uber drivers operate as independent contractors, you need to acquire the driver’s name and contact information. You also should receive information that describes the ride-sharing company’s insurance details, such as policy number and how much coverage the company has bought. The responding law enforcement officer should ask for this information as well. Ask witnesses for their names and contact information, which you give to your personal injury attorney. Hire a Personal Injury Attorney Hire a personal injury lawyer before you contact your insurance company and file an accident report with the ride-sharing company. Your attorney advises you on how to proceed with the filing of a claim, which includes contacting your insurer at the right time. Personal injury lawyers act as intermediaries between clients and insurance companies. Working with a personal injury attorney helps you file an insurance claim, as well as a civil lawsuit, before the state-imposed deadline. Getting in an accident with a ride-sharing vehicle introduces different legal issues than if you got involved in a typical auto collision. Act with a sense of urgency by scheduling a free case evaluation with an experienced Ohio personal injury attorney. Whether you sustained one or more injuries because of an accident or the negligence of another party, how you react following the incident determines how much compensation you receive from an insurance claim and possibly a civil lawsuit. The most important step in the process involves hiring an attorney who specializes in handling personal injury cases.
The ultimate goal of a personal injury lawyer is to get a claim improved by the client’s insurance company or the insurer representing the other party. If the other party committed one or more acts of negligence, hiring a personal injury attorney can help you win a legal judgment or be the beneficiary of a favorable settlement. The top five reasons to hire a personal injury lawyer are based on receiving compensation because of an accident or one or more acts of negligence. Interact with an Insurance Company The business model for insurance companies is quite simple: Receive as much in premiums as possible and pay as little as possible in claims. Even if an insurance claim you plan to file appears to be strong enough to get approved, the insurance company that you have to deal with might deny the claim based on a frivolous reason. Hiring a personal injury attorney provides you with much greater influence during the insurance claim process. Meet Deadlines A personal injury case involves meeting a few deadlines, with the most important deadline consisting of filing a civil lawsuit before the expiration of the statute of limitations. Most states have established the statute of limitations for filing a civil lawsuit at between two and four years, but the deadline can be as short as one year (Kentucky) or as high as six years (Maine). Gather and Organize Evidence Submitting persuasive evidence represents the key to getting an insurance claim approved, as well as reaching a settlement or winning a legal judgment. A personal injury attorney knows how to investigate a case to collect and organize evidence such as photographs taken of the incident scene and obtaining video footage from a security camera. Interview Witnesses You have many responsibilities to assume after a personal injury incident, and acquiring the names and contact information of witnesses is one of the most important tasks completed to build a strong case. Personal injury lawyers interview witnesses to receive information that supports the physical evidence gathered for submission to an insurance company. Negotiate a Settlement Negotiating a favorable settlement helps you avoid going through a costly and time-consuming civil trial. A skilled personal injury attorney knows how to calculate a reasonable value for monetary damages that is presented as the initial offer. Presenting an overvalued submission for monetary damages can derail your case. If you sustained injuries because of an accident, working with an experienced personal injury attorney can help you file a persuasive insurance claim. If the accident involved another party committing one or more acts of negligence, a personal injury lawyer helps you gather and organize the evidence you need to file a convincing civil lawsuit.
Most personal injury attorneys offer free case evaluations to potential clients. Let’s see what you can expect during the free case evaluation. Expect a Short Meeting A free case evaluation requires a meeting between you and a car accident lawyer. Expect the first meeting to last around one hour. Subsequent meetings can last much longer than that. Expect to Answer Several Questions The lawyer sitting across from you during the first meeting will ask several questions, most of which pertain to the facts of your case. You should be prepared to answer questions that concern what happened before, during, and after the accident. The attorney will want to know your insurance policy information, such as the amount of coverage for an accident. Discussing your physical, mental, physical, and emotional well-being is important because that is one factor in how a personal injury lawyer calculates a value for monetary damages. Expect to Provide Evidence and Witness Information You can expect to provide the attorney with physical evidence. The lawyer will not determine whether you should file a civil lawsuit until conducting a thorough investigation. You should provide the personal injury attorney copies of your medical records, as well as photographs of your injuries, property damage, and the accident scene. You can send the evidence you have collected before the case evaluation as well. Another important document for evidence is a copy of the official incident report, whether it is from a business or a law enforcement agency. The names and contact information of witnesses allow the car accident lawyer to schedule interviews. Witness accounts of an accident should support the evidence you hand over to the personal injury attorney. Expect an Evaluation Although the lawyer will conduct an extensive investigation concerning the accident, you can expect a short summary of the pros and cons of your case. For example, if footage from a traffic camera demonstrates the other party failed to yield at an intersection, the attorney has a compelling piece of evidence that strengthens your case. At the end of a short summary of your case, the attorney might agree to work on your case on a contingency fee basis, which means you do not have to pay an upfront legal fee. The car accident lawyer receives compensation when you receive an insurance claim payout and possibly a check from a legal settlement. Finally, expect to ask questions. You should ask questions that concern the timing of your case, as well as what else the lawyer needs from you before launching an investigation into the accident. If you become involved in a motor vehicle collision, you have to know what steps to take to address property damage and any injuries you suffered because of the collision. One of the most important things to do is call a car accident lawyer. Working with a car accident attorney can help you recover from the financial losses caused by a motor vehicle collision. Let’s review the eight things to do after getting into a car accident. Secure the Accident Scene Prevent additional accidents by alerting motorists to the crash scene. Keep the flashers on for every vehicle, as well as set up flares if you or another motorist has a set available for use. If possible, move all cars including commercial vehicles off the road to reduce your vulnerability. Contact Law Enforcement Contacting the nearest law enforcement agency is important for several reasons. If it is a serious accident, contacting law enforcement activates the emergency response system. The most important reason to contact law enforcement is that an officer responding to the scene of the accident completes an official accident report. Exchange Information The police officer responsible for completing the formal accident report obtains contact information for every driver involved in the accident, as well as the statements made by witnesses. However, you should exchange information with other drivers for insurance purposes. Your insurance company will reach out to the insurers representing the other motorists. Gather and Organize Evidence Evidence is the most important element of the official police report. Nonetheless, you should take photos of the accident scene, as well as the damage done to your vehicle. Your insurance company wants to review photographs to place a value on property damage. Photos of your injuries can help boost your case if you file a personal injury lawsuit. Contact Your Insurance Company The sooner you contact your insurance company, the sooner you can process a claim. Determine whether your policy covers medical expenses in addition to the damage done to your vehicle. You do not want to file a claim at this point. You simply want to let your insurer know that filing a claim is imminent. Seek Medical Care Even if you suffered minor injuries, you should eventually schedule an appointment with your healthcare provider. Some injuries, such as concussions, do not develop symptoms until a day or more after a car accident. If you suffered serious injuries, you push this step up to number one of the eight things you should do after getting in a car accident. Maintain a File Now is the time to start organizing the documents associated with your case. This step helps prepare you for a meeting with an insurance adjuster, as well as the car accident lawyer you choose to hire. Schedule a Free Case Evaluation Scheduling a free case evaluation with a car accident lawyer allows you to get answers to questions and determine whether the attorney sitting across from you is the right one to handle your case. Meet with an attorney before filing a claim to ensure you submit the most convincing evidence. Distracted driving is a significant problem across the United States and in the state of Ohio. According to the Ohio State Highway Patrol, there were more than 8,341 distracted driving violations in 2019 alone with 2020 already surpassing the number. It only takes a second for a driver to become distracted and cause a car accident. If you have been injured in a car accident and you feel the driver was distracted, you might be wondering what you can do to prove who was at fault.
Speaking with a car accident attorney as quickly as possible will help you get started in building your case the right way. There are some things that you can do with the help of your car accident or personal injury lawyer to hold a distracted driver accountable for your injuries from the crash. 1) Documentation The first thing to do following a car accident is to seek necessary medical attention. Unless you need medical assistance, you should document the accident. Take pictures of the damage to both vehicles and their positions on the road. Photograph the interior of the other driver’s car that may reveal objects of distraction such as make up, food or a cell phone. Exchange name and insurance information with the other driver and also get the information of all passengers. Write down everything that you remember about the moments leading up to the accident. 2) Recall Suspicious Behavior If you suspect the other driver involved in your car accident was driving while distracted, try to recall suspicious behavior that you witnessed such as drifting in and out of their lane, irregular speed or sudden stopping. Be sure to write down what you remember to let the police know that you suspect the driver was distracted. 3) Report Evidence to the Police In Ohio, the police are required to respond to car accidents that involve a fatality, an injury or a certain amount of property damage. If you witnessed the other driver applying make-up, talking or texting on the phone you should let the police know this when they arrive. Any comments you make about the other party being distracted should be in the police report. How a Car Accident Attorney Will Help with Your Distracted Driving Claim A car accident attorney can help to investigate your claim of distracted driving and gather evidence. Share any information that you have with your lawyer such as the photos you took at the scene and any documentation that you have. Your car accident lawyer will also request a copy of the police report. Your accident lawyer may also request cell phone records of the driver at fault. These records will include the date and time of when text messages were sent and received as well as the date and time of incoming and outgoing phone calls. Cell phones are the biggest source of distraction for motorists. Cell phone records will help to prove if the driver was talking or texting in moments leading up to the crash. If surveillance cameras may have captured the accident your car accident lawyer will obtain and analyze any footage. Video footage from traffic or surveillance cameras may show the driver talking or texting on their phone, applying make-up, eating or any other activity that was a distraction. Your lawyer will know the best way to subpoena cell phone records and video footage. Schiff & Associates is a top car accident attorney in Ohio, with extensive experience in holding careless drivers accountable. We pursue the maximum compensation and protect your legal rights. Contact us if you have been injured in a distracted driving accident to speak with an experienced car accident lawyer. |
AuthorSince 1982, the attorneys of Schiff & Associates have provided our clients with quality legal representation in cases of personal injury and wrongful death. Our clients benefit from the combined skills of a powerful legal team. Archives
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