Ways to Protect Your Legal Claim after a Car Accident

How can I ensure a full and fair settlement for injuries and damages incurred in a car accident? Am I required to do anything?

If you’ve been injured in a car accident and are looking forward to getting a full and fair settlement for your injuries and damages, there are certain things you must do. The following tips will help  you  build a strong case against the party that injured you:

Call the police to the scene of the accident even if it is a minor one. After investigating the accident, the police will issue a police report. A police record will help you establish the facts of the accident.

Take pictures of the vehicle positions, body damage, skid marks and road conditions. You must also note down witness names and contact information. Their testimonies can play a vital role in your case.

Get the help of an experienced attorney to avoid any number of legal mistakes that can weaken your case.

If you’re injured in any way, see a doctor or visit a hospital immediately. A visit to the doctor or hospital will help document your injuries and enable you to receive the necessary treatment as soon as possible.

What are the common types of motor vehicle accidents?

The following are the most common types of motor vehicle accidents:

Rear-end collisions: These accidents are often caused by the sudden slowing down or braking of one vehicle in front of another, or by a driver following a vehicle too closely or accelerating to a higher speed than the vehicle in front.

Side-impact collisions: These types of accidents occur when the side of a vehicle is hit and impacted by the front or rear of another vehicle. They commonly occur at intersections and parking lots.

Sideswipe collisions: These accidents occur when two cars are parallel to each other.

Rollover accidents: Rollover accidents occur when vehicles literally flip over onto the side or roof. They are often caused by sharp turns at high speeds

Head-on collisions: These collisions occur when the front ends of two vehicles impact each other.

Single-car accidents: Accidents involving only one vehicle occur when a vehicle strikes an object such as a pole, a tree, a fire hydrant or a wall.

Common Types of Motor Vehicle Accidents

Motor vehicle accidents can happen at any time. They may be the result of speeding, traffic gridlock, negligence, recklessness and/or unsafe driving. The severity of the injuries incurred depends on how these vehicles collide with one another. Here is a list of the most common types of motor vehicle accidents:

Rear-end collisions: These accidents are often caused by the sudden slowing down or braking of one vehicle in the front of another, or by a driver following a vehicle too closely or accelerating to a higher speed than the vehicle in front. Rear-end collision often result in whiplash, an injury caused by a severe jerk to the head.

Side-impact collisions: These types of accidents occur when the side of a vehicle is hit and impacted by the front or rear of another vehicle. They commonly occur at intersections and parking lots, and often cause injuries that are more severe than those  from other type of crashes.

Sideswipe collisions: These accidents occur when two cars are parallel to each other. Injuries and damages are quite minimal, unless one of the drivers loses control of the vehicle as a result of the collision.

Rollover accidents: Rollover accidents occur when vehicles literally flip over onto the side or roof. They are often caused by sharp turns at high speeds. Cars with a high center of gravity such as SUVs are especially prone to these types of accidents. They can lead to serious injuries, including spinal cord injuries and brain trauma.

Head-on collisions: These collisions occur when the front ends of two vehicles impact each other.

Single-car accidents: Accidents involving only one vehicle occur when a vehicle strikes an object such as a pole, a tree, a fire hydrant or a wall. These accidents can result in driver,  passenger and pedestrian injuries,  as well as extensive property damage.

Types of Motor Vehicle Accidents

What are the common types of motor vehicle accidents in the United States?

Here is a list of the most common types of auto accident in the US:

Rear-end collisions: These accidents are often caused by the sudden slowing down or braking of one vehicle in front of another, or by a driver following a vehicle too closely or accelerating to a higher speed than the vehicle in front.

Side-impact collisions: These types of accidents occur when the side of a vehicle is hit and impacted by the front or rear of another vehicle. They commonly occur at intersections and parking lots.

Sideswipe collisions: These accidents occur when two cars are parallel to each other.

Rollover accidents: Rollover accidents occur when vehicles literally flip over onto the side or roof. They are often caused by sharp turns at high speeds.

Head-on collisions: These collisions occur when the front ends of two vehicles impact each other.

Single-car accidents: Accidents involving only one vehicle occur when a vehicle strikes an object such as a pole, a tree, a fire hydrant or a wall.

What are the common types of motorcycle accidents?

Some of the common types of motorcycle accidents are:

·         Intersection Accidents

·         Blind Spot Accidents

·         Distracted Driver Crashes

·         Drunk Driving Accidents

·         Excessive Speed Accidents

·         Accidents Due to Failure to See a Motorcyclist Approaching

·         Accidents Caused by Bad Road Conditions and Weather Conditions

·         Accidents from Taking Curves Too Fast

Common Types of Motorcycle Accidents

Motorcycle accidents can be extremely dangerous as a motorcycle is more exposed than any other motor vehicle. Although motorcycle accidents happen less frequently than other motor vehicle and commercial truck accidents, they tend to result in death or serious injury. Below are the most common types of motorcycle accidents:

Intersection Accidents

An intersection accident occurs when a motorist making a left turn fails to yield to an oncoming motorcyclist who is going straight through the intersection.

Blind Spot Accidents

Sometimes motorcycles riding in a lane beside another vehicle may disappear in the blind spots. A driver who fails to look over his or her shoulder before changing lanes may collide with a motorcycle in a blind spot.

Distracted Driver Crashes

Distracted driving is one of the main causes of motorcycle accidents. The use of cell phones has increased the problem of distracted driving, despite increased public awareness and tougher laws.

Drunk Driving Accidents

According to the National Highway Traffic Safety Administration (NHTSA), alcohol is a contributing factor in roughly 40 percent of all motorcycle accident fatalities.

Excessive Speed Accidents

Speeding is the leading cause of motorcycle accidents. It accounts for more than 30 percent of all motorcycle fatalities.

Accidedents Due to Failure to See a Motorcyclist Approaching

Drivers may be looking out on the road for larger vehicles and may overlook oncoming motorcycles which have a narrower profile than other vehicles. This can cause motorcycle accidents. Motorcyclists are advised to wear bright colors to make themselves as visible as possible to prevent accidents.

Accidents Causeds by Bad Roadand Weather Conditions

Wind, rain, potholes, patches or gravel, and uneven road surfaces can be hazardous for motorcyclists and lead to accidents.

Accidents from Taking Curves Too Fast

Taking curves too fast increases the risk of being injured in an accident.

If you or your loved one has been injured in a motorcycle accident, contact an experienced attorney at the earliest. An attorney can help you with your legal rights and an help you receive your rightful compensation.

Types of Motorcycle Accidents

I was seriously injured in a slip and fall accident. How can I determine if I am eligible to make a claim for compensation?

Some of the common types of motorcycle accidents are:

·         Intersection Accidents

·         Blind Spot Accidents

·         Distracted Driver Crashes

·         Drunk Driving Accidents

·         Excessive Speed Accidents

·         Accidents Due to Failure to See a Motorcyclist Approaching

·         Accidents Caused by Bad Road and Weather Conditions

·         Accidents from Taking Curves Too Fast

What are the different form of medical malpractice?

Medical malpractice can take many forms. Here are some examples of medical negligence that might lead to a lawsuit:

·         Failure to diagnose or misdiagnosis

·         Misreading or ignoring laboratory results

·         Unnecessary surgery

·         Surgical errors or wrong site surgery

·         Improper medication or dosage

·         Poor follow-up or aftercare

·         Premature discharge

·         Disregarding or not taking appropriate patient history

·         Failure to order proper testing

·         Failure to recognize symptoms

What is Medical Malpractice?

Medical malpractice occurs when a hospital, doctor or other health care professional causes an injury to a patient because of their negligence. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management.

A case of medical malpractice takes place when:

There is a violation of the standard of care:  The law acknowledges certain medical standards that are regarded as acceptable medical treatment by reasonably prudent health care professionals under like or similar circumstances. This is known as the standard of care. Medical professionals are expected to deliver this standard of care, failing to do which is regarded as negligence.

An injury is caused by negligence: For a medical malpractice claim to be valid, a patient must prove he or she sustained an injury as a result of a medical professional ‘s negligence.

The injury results in significant damages: To prove medical malpractice, a patient must show significant damages resulted from an injury received due to the alleged medical negligence. If the damages are small, the cost of pursuing the case might be greater than the eventual recovery. 

Medical malpractice can take many forms. Here are some examples of medical negligence that might lead to a lawsuit:

·         Failure to diagnose or misdiagnosis

·         Misreading or ignoring laboratory results

·         Unnecessary surgery

·         Surgical errors or wrong site surgery

·         Improper medication or dosage

·         Poor follow-up or aftercare

·         Premature discharge

·         Disregarding or not taking appropriate patient history

·         Failure to order proper testing

·         Failure to recognize symptoms

What is Medical Malpractice

What are the different form of medical malpractice?

Medical malpractice can take many forms. Here are some examples of medical negligence that might lead to a lawsuit:

·         Failure to diagnose or misdiagnosis

·         Misreading or ignoring laboratory results

·         Unnecessary surgery

·         Surgical errors or wrong site surgery

·         Improper medication or dosage

·         Poor follow-up or aftercare

·         Premature discharge

·         Disregarding or not taking appropriate patient history

·         Failure to order proper testing

·         Failure to recognize symptoms

What documents will I have to provide my attorney after a motor vehicle accident?

The following is a list of documents that you may need to show your attorney:

·         Your insurance policy

·         Evidence of premium payments paid by you

·         Information exchanged at the accident scene

·         A copy of the police report

·         Photographs

·         Copy of statement given by you to the insurance company representative

Important Documents to Show Your Attorney after a Motor Vehicle Accident

If you have been injured in a motor vehicle accident and are thinking of hiring an attorney, there are certain documents your attorney will want to see to develop a full understanding of your case. These documents will play an important role in the success of your motor vehicle accident claim. The following is a list of documents you may need to show your attorney:

Your insurance policy: Your attorney may want to see a copy of your insurance policy in order to review what type of  insurance recovery you may be entitled to. If you don't have an actual copy of your policy, your attorney can obtain one, with your approval, from your insurance company.

Evidence of premium payments: Your attorney will need a proof that you have paid all your insurance policy premiums. You may have to show copies of the statements from your insurance company notifying that premiums have been paid.

Information exchanged at the accident scene: If you have exchanged names and telephone numbers with the other party involved in the accident, make sure you provide this information to your attorney.

A copy of the police report: Provide a copy of the police report to your attorney. The police report often includes details of the accident. This information is crucial in allowing your attorney to develop a total understanding of your case.

Photographs: If you have taken pictures of the damaged car and of the accident scene, provide them to your attorney.

Statements: If the insurance company contacted you to obtain a statement from you about the accident, and you have a copy of the statement, provide it to your attorney. If you don't have a copy, let your attorney know so he/she can obtain a copy from the representative.

Important Documents to Show Your Attorney after a Motor Vehicle Accident

I am going to hire a lawyer to help me file a claim against the party responsible for my motor vehicle accident injuries. What documents will I have to produce to my lawyer?

The following is a list of documents that you may need to show your attorney:

·         Your insurance policy

·         Evidence of premium payments paid by you

·         Information exchanged at the accident scene

·         A copy of the police report

·         Photographs

·         Copy of statement given by you to the insurance company representative

What questions will juries take into consideration when determining compensation in a slip and fall accident claim?

Here are a few questions you need to be aware of and answer when filing your claim. If you do so, the jury will definitely consider your answers when judging your case.

·         Did the property owner use his or her common sense?

·         Was there something the property owner “should have known” was dangerous?

·         Did the property owner use reasonable care to keep the property safe?

·         Did you slip over a broken or uneven area of carpet or floor, or slip on a wet area? If so, had the place been in a dangerous condition long enough to hold that the owner “should have known” about it?

·         Has any accident happened there before?

What Juries Will Consider in a Slip and Fall Accident Claim

It is the responsibility of a property owner to show reasonable care in the maintenance of his or her property. A slip and fall injury is a common occurrence, with thousands of claims made each year. Many victims suffer serious, life-altering injuries that can result in wrongful death.

If it is proven that a property owner was negligent and should have known about the dangerous or defective condition that caused the slip and fall, you may be compensated for your injuries.

Here are a few questions one needs to be aware of and answer when filing the claim. These are questions that juries will consider. 

·         Did the property owner use his or her common sense?

·         Was there something the property owner “should have known” was dangerous?

·         Did the property owner use reasonable care to keep the property safe?

·         Did you slip over a broken or uneven area of carpet or floor, or slip on a wet area? If so, had the place been in a dangerous condition long enough to hold that the owner “should have known” about it?

·         Has any accident happened there before?

·         Is there a schedule in place for regular maintenance and cleaning or repairing of the premises? If so, what proof does the owner have of this regular maintenance?

·         If you slipped over an object someone placed or left on the ground, was there a good reason for the object to be there?

·         If there was a good reason for the object to be there, but that reason no longer existed, could the object have been removed or covered or otherwise made safe?

·         Was there a safer place the object could have been located?

·         Could a barrier have been created to warn people of a potential danger?

·         Did poor or broken lighting contribute to the accident?

If the answer to one or more of these questions is yes, you may have a claim for compensation. Every slip and fall accident is unique, and it is best that an experienced slip and fall attorney is hired to handle the case.

Slip and Fall Accident

I was seriously injured in a slip and fall accident. How can I determine if I am eligible to make a claim for compensation?

If the answer to one or more of these questions is in your favor, you may be eligible to claim compensation for your injuries:

·         Did you slip over a broken or uneven area of carpet or floor, or on a wet area? If so, had the place been in a dangerous condition long enough to hold that the owner “should have known” about it?

·         Has any accident happened there before?

·         Is there a schedule in place for regular maintenance, cleaning and repairing of the premises? If so, what proof does the owner have of regular maintenance?

What are the damages recoverable in a hit and run auto accident case?

The following damages are recoverable in a hit and run auto accident case:

Uninsured motorist coverage

This coverage covers an individual when he or she is injured by an insured driver. The insurance company considers this coverage just as a normal liability claim. The injured may need to prove the following:

·         The other parties’ liability

·         His or her extent of contribution to the accident

·         The extent of injuries

·         Damages

Personal injury protection (PIP) coverage

This covers medical expenses, lost wages or funeral expenses, regardless of who was at fault in the accident. This coverage does not cover pain and suffering damages or vehicle damages.

Collision coverage

This coverage allows the injured to make a claim for vehicle repairs, regardless of who was at fault for the accident. In the case of a hit and run accident, the victim can also file a claim for vehicle damage under collision coverage against his or her own policy.

Recovering Compensation in a Hit and Run Auto Accident

A hit and run auto accident is a type of accident in which someone causes or contributes to an accident and flees the scene without stopping by. In any hit and run accident case, it is the negligent driver who is liable for any injuries and damages. However, if the driver cannot be traced, the injured person’s only source of compensation is his or her own auto insurance policy. The injured can recover compensation through the following coverage:

Uninsured motorist coverage

This coverage covers an individual when he or she is injured by an insured driver. The insurance company considers this coverage just as a normal liability claim. The injured may need to prove the following:

·         The other parties’ liability

·         His or her extent of contribution to the accident

·         The extent of injuries

·         Damages

Personal injury protection (PIP) coverage

This covers medical expenses, lost wages or funeral expenses, regardless of who was at fault in the accident. This coverage does not cover pain and suffering damages or vehicle damages.

Collision coverage

This coverage allows the injured to make a claim for vehicle repairs, regardless of who was at fault for the accident. In the case of a hit and run accident, the victim can also file a claim for vehicle damage under collision coverage against his or her own policy.

Compensation in a Hit and Run Auto Accident

I suffered serious injuries in a hit and run accident case. The driver fled away from the accident scene. I now have to file a claim for my injuries but I am not sure who will compensate for my injuries and damages. Please advise.

In any hit and run accident case, it is the negligent driver who is liable for any injuries and damages. However, if the driver cannot be traced, your only source of compensation is your own car insurance policy. Your claim can be covered through the following coverage:

Uninsured motorist coverage: This coverage covers you when you are injured by an insured driver. If you file a claim under this coverage, the insurance company will handle it just as a normal liability claim.

Personal injury protection coverage: This coverage pays for medical expenses, lost wages or funeral expenses, regardless of who was at fault in the car accident.

Collision coverage: This coverage allows you to make a claim for vehicle repairs, regardless of who was at fault for the accident.

What are the benefits covered under workers’ compensation program?

Under a workers' compensation program, an injured employee is entitled to:

Medical Care: The injured has the right to receive compensation for all medical treatment to help cure the effects of the work-related illness or injury. This may include compensation for medical bills, prescriptions and even round-trip mileage to the hospital.

Temporary Disability: In the event that the injured party must take time away from work due to medical reasons, he or she is entitled to temporary disability payments. The injured is entitled to receive two-thirds of average weekly gross pay every two weeks.

Permanent Disability: If the injured worker is permanently disabled as a result of the injuries, workers' compensation may also cover permanent disability payments. The amount and rate usually depend on how much limitation the injury has placed on activities of the injured as well as his or her age, occupation and earnings at the time of injury.

Vocational Rehabilitation: If the injury prevents the injured to return to his or her former job, vocational rehabilitation offers assistance in finding and training for a new job.