AUTO ACCIDENTS FAQ’S

Can I recover even if the accident was my fault?

Yes.  We fight to ensure that our client’s fault is minimized compared to the other driver.  If your fault is less than 50% against the other driver, then we will be able to get a recovery for you.  We like to negotiate comparative fault up front so that our client’s know just where they stand.

Who can I sue to recover my damages?

 In some cases, an accident victim may be able to sue parties other than the at-fault driver. For example, if the at-fault driver did not own the car, the car's owner may also be liable for your damages. If the at-fault driver was impaired from consuming too much alcohol, you may be able to bring a "dram shop" complaint against a business that served alcohol to the driver even though he was visibly impaired. In some cases, you may be able to bring an action against another party, such as an automobile manufacturer or construction company, if a defect in the vehicle or the roadway caused the accident. If the accident involved a tractor-trailer, the driver's violation of rules and regulations may be the basis for a lawsuit against the driver or his or her employer

Do I have to see a doctor?

If you are injured in an automobile accident, you should seek medical attention. Whether or not you have a claim, you should be examined by a doctor, both for your own peace of mind and to document the injury to support your claim. Frequently, an automobile accident injury will not be immediately apparent. Whenever symptoms first appear, go to your family doctor, a hospital emergency room, or another medical professional to obtain medical help.

How soon must I bring my claim?

 Each state sets a time limitation for bringing a personal injury claim. Both the length of that period and the way it is measured in motor vehicle accident cases varies from state to state. Even within a state, the time period may vary depending on the circumstances surrounding the accident, such as the plaintiff's age, the type of personal injury claim, the particular facts giving rise to the injury, and when the injury is discovered. You must be absolutely certain that you know the time limitation period that applies to you, or you risk jeopardizing your legal rights.

Should I accept a check from the at-fault driver or his or her insurance company?

Accepting a check may be construed as a settlement that prohibits you from obtaining any additional amounts from the at-fault driver or his or her insurance company. Therefore, you should not accept a check or sign a release from the at-fault driver or his or her insurance company until you have conferred with an attorney.

Typically, an attorney will encourage you to wait to accept a check until you have completed your medical treatment and have been released by a doctor, so you know you have received an amount that adequately covers your medical bills and other damages. An insurance adjuster may push you to settle the claim for the lowest possible amount and may discourage you from contacting an attorney. If so, you should ignore his or her advice, and consult an attorney immediately before accepting any payment, signing any release, or otherwise settling your claim to insure that you are receiving fair compensation and not jeopardizing your right to a full and fair recovery.

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