People are injured in accidents every day. When this occurs, individuals are often dealing with a number of stressful events at one time. They may have suffered injuries and are missing time from work to recover. They may have sustained damage to their only vehicle and not have an alternative form of transportation.
It is also common for them to deal with a substantial amount of emotional anxiety and stress. A personal injury lawyer can assist accident victims with handling any insurance claims and other aspects of the case. Here are a few instances when you may want to call in a personal injury lawyer.
Personal Injury
If you were injured because of the accident, it is vital for your claim to seek medical care immediately. Any delay in seeking treatment can be used against you or raise an inference that your injuries are not associated with the accident.
How your medical expenses are handled will depend on the particular provisions in your insurance policy if you were at fault. However, if the accident is deemed to be the fault of the other driver, the other driver’s liability coverage pays for your medical treatment.
In the case of no-fault states, medical expenses can be covered from your personal injury protection coverage so that you do not have to be delayed while insurance companies negotiate this aspect of the case.
Your uninsured motorist coverage kicks in if you were hit by an uninsured or underinsured driver. Likewise, this coverage applies if you were the victim of a hit and run.
Whether the accident was an automotive accident or another type of accident, there may be other insurance policies that may apply to help handle your medical expenses. For example, you may have medical payments coverage as part of one of your insurance policies. Additionally, your own health insurance policy may be used to help cover medical expenses.
Property Damage
A substantial portion of your damages claim may be for your loss of property. In some accident cases, the vehicle may be damaged to a substantial degree or may even be considered a total loss. The insurance company that is responsible for compensating the victim for property damage may pay for vehicle repairs or deem the vehicle a total loss.
A personal injury lawyer can help victims determine which insurance company is responsible for handling the repairs process. Typically, a person’s own insurance company reimburses the insured if the accident was his or her fault. If the accident was caused by someone else, the other driver’s insurance company will be responsible for this process.
There are some exceptions to this general rule. For example, if you were a victim of a hit and run accident or the other driver was not insured, you will generally seek compensation from your own insurance company. Likewise, this is usually the case if you live in a no-fault state.
A personal injury lawyer can help ensure that an insurance company fully covers the repair or replacement costs that you incurred. Many times, the initial offer from the insurance company is not sufficient and having a lawyer on your side can help provide greater strength for your claim.
Other Damages
A personal injury lawyer can also help accident victims recover compensation for other types of damages that they have sustained. For example, personal injury lawyers may pursue compensation for pain and suffering or mental anguish.
Other types of damages may apply based on the particular circumstances of the case, such as home renovations if the accident resulted in permanent disability, loss of consortium if the accident has affected the marital relationship and loss of earnings if the victim has suffered monetarily by not being able to go to work due to the accident.
Even when working with your own insurance company, it is important to realize that you and they have very different goals. While an insurance company’s ultimate goal is to limit the amount of payout on each claim, a personal injury lawyer’s goal is to help you fully recover for all of the damages that you have suffered.
A personal injury lawyer may require you to take certain steps to help increase the likelihood of success in your case. For example, insurance companies may question certain aspects of your claim. Retain all receipts and other documents that help substantiate your claim.
Deadlines
After an accident, you may not think about retaining legal rights related to your injuries. However, a personal injury lawyer can explain that you have a deadline to file a complaint in your accident case. The clock for this deadline starts ticking on the day of your accident.
