Accidents
Q: Can I recover even if the accident was my fault?
A: Whether you can recover if the accident was your fault depends on the laws of your state. Some states do not consider fault with regards to some damages, and in those states some of your economic losses may be paid by your own no-fault policy. Other states consider fault, but you may still be able to recover for your injuries, even if the accident was partially your fault. However, in that case, you may be required to prove that the other party's fault was greater than yours, or to reduce the amount of your compensation by your percentage of fault.
Damages
Q: Who can I sue to recover my damages?
A: 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.
If you or a family member has been either the driver or a passenger in a motor vehicle that has been involved in a wreck, and there have been injuries, speak with an experienced attorney as soon as possible. Attorneys can ensure that all of your legal rights to compensation are fully assessed and protected. Insurance companies have trained adjusters to handle your claim and it is in your best interest to have a personal injury attorney to assist you in your recovery. Without an attorney, you may make mistakes that seriously impact your right to recover.
There are many legal and factual issues that we can assist you with, and we will be most effective if you consult us directly following the accident. Many of these issues are time sensitive. For example, it is important to document injuries and damages with photographs. We will take photos immediately after the accident and during your recovery.
Be wary of early settlement offers. It usually takes time to assess your claim. Have you fully recovered from your injuries?
Do not discuss your case, including the wreck and your injuries, with others, except your medical providers, lawyer and family. You can hurt your case by discussing it with others.
Liability and fault can be complicated, and both have an impact on your right to recovery. If you contact us, we will evaluate liability and fault for you. Don’t let the insurance company’s adjuster evaluate these issues for you.
There are many kinds of insurance coverage that may be available to you, for example, liability, medical payments, health, uninsured and underinsured coverage. Has your health insurance company said they are not going to pay because it was a car wreck? If so, call us and we can assist you. Were you riding with someone that did not have car insurance, but you did? We may be able to help you recover compensation. And always carry uninsured motor vehicle coverage, always!
Personal injury law is a complex area of the law. Evaluating wrongful death, paralysis, disfigurement, emotional distress, pain and suffering, lost earning capacity, permanent impairment, future medical cost and other issues, require someone experienced in that area. Call us so that we can help you.