A serious car accident doesn’t just ruin your car, it can affect every aspect of your life for months, sometimes years. An Orange County car accident can be extremely traumatic and unfortunately are a very common fact of life. It’s not just having to deal with damage to your car or the other driver’s car, it is also most likely that you may be suffering from a personal injury. Now what? Call up the car insurance company and hope for the quickest settlement possible, right? Get it over with as soon as possible, get it figured out about how to total out your car, pay your Dr. bills, and then hopefully be able to buy another car sort of like the one you had. Get it all over with as quickly as possible. But wait, is this the right course of action? More than likely, no.
In most automobile injury accident cases, you would be better off to have a car accident attorney to help you reach the best settlement possible from the insurance companies. Regardless of the liability – if you were responsible, or another party was, you need your own personal injury lawsuit attorney to be on your side. Your attorney will represent you against the big insurance companies. Remember, the insurance company doesn’t have your best interest in mind, they want a quick, cheap settlement. Over and done with, possibly leaving you with future Dr. bills you can’t pay, injuries you didn’t even know you had, and money lost from time off of work. Your attorney will guide you through the often confusing maze of the insurance and legal process, possibly resulting in a car accident lawsuit. Before that legal action happens, perhaps your attorney can help you avoid the lawsuit by reaching a settlement with the insurance company.
What can you expect from a car accident claim? There are several different areas from which you may receive a settlement. Payment for medical injuries suffered in the car accident are one of the most common. The term medical injuries includes any damages you may be able to claim for injuries caused by the auto accident The the most widely claimed injury is commonly referred to as a whiplash injury. While whiplash injuries can be extremely painful and often are long lasting, these are relatively minor. There are many more serious injuries which are commonly suffered such as paralysis, head trauma or a loss of limb. Some of the most common injuries suffered in an automobile accident are stiffness and muscular pain in the neck and back and extremities. Proper diagnosis early in the process is critical in establishing what to expect in terms of ongoing and future medical care.
You may also be able to put in a claim for mental and or emotional injuries. This would most generally be along the lines of anxiety, apprehension, and possible depression. If the car accident caused you to miss work or other normal activities, you may be entitled to compensation.
In addition, you may also be able to make a claim for other losses from the car accident. These losses may include damage to clothing or personal property such as cell phone, car seats, or any item in your car at the time of the accident.
If you have been involved in a car accident in Orange County, you need the services of an experienced and qualified personal injury attorney. Jeff Dawson is a uniquely qualified personal injury lawyer. He has worked on the other side, as well – for the insurance firms, and knows how they think. The advantage of hiring Jeff is that he can give you the much needed peace of mind necessary in any accident claim. Contact the Law Offices of Jeffrey S. Dawson today at 949/861-2191for your free consultation about your car accident lawsuit.
If you need to make a car accident claim your attorney must be able to prove that the car accident was not your fault. Sometimes it is quite easy to make this determination, perhaps from a police report. If it’s not clear who is to blame, your case will need to depend on witness statements, pictures and most importantly where the damage on both vehicles is. One of the most helpful things in today’s age of cell phone cameras is to immediately take pictures to gather as much evidence as possible at the scene of the car accident.
Further a passenger in a car accident wishing to make a personal injury claim does not have the same problem as the passenger can claim against the driver of the car he was travelling in or the other party (who ever is at fault). Furthermore a pregnant woman who is at fault in a car accident may be liable to the unborn child for any birth defects that may occur as a result of the car accident. This established in the congenital disabilities act.
It is therefore recommended to make sure you are insured as the liability that you may be exposed is far greater than the insurance premium you will be paying.
Most solicitors will also work on a no win no fee basis which enables you to claim without paying any fees until you win some compensation however you may be exposed to huge fees resulting in a large chunk of your compensation towards paying those fees. It is then very crucial that you search for a solicitor that guarantees 100% compensation.
Article Source: http://EzineArticles.com/?expert=Tan_Akhtar
f you have been hurt in an accident you may be able to recover compensatory damages, which are damages that, if paid, would put you in the same or similar position you were before the accident. Compensatory damages are usually split into monetary and non-monetary losses. Here are some examples of both types of losses that an accident lawyer can recover for his clients:
*Medical expenses – these are considered monetary losses since damages here ( in this case medical or hospital bills) can be calculated. Your auto accident lawyers can help with all the necessary paperwork early in the case to make sure all of your medical, hospital and other health care benefits are paid. Further down the line, if there is a need for continuing health treatment or rehabilitation, the future costs can be calculated based on the client’s life expectancy. Typically in New York, a person’s no-fault portion of his auto insurance policy provides for up to $50,000.00 in medical benefits. It sounds like a large number but if the client requires more than one surgery, the cost can quickly rise to the maximum amount.
*Lost wages – another type of a monetary loss where the person’s lost income can be calculated based on his previous earnings. If the person is totally disabled due to an accident, his accident lawyer, working together with an economist and comparing the client’s prior earning capacity, life expectancy and other variables, arrive at the amount of damages to claim as client’s lost wages from the defendant. For more temporary type of disability the client’s no-fault provider will pay 80% of gross wages or $2,000.00, whichever is less.
*Replacement or repair of damaged property – here the client seeks to recover for loss of use of a vehicle, which was damaged or totaled as the result of an accident. The loss is monetary and can be calculated based on auto adjuster’s estimate of the damage, coupled with a degree of fault assigned to each party involved in the occurrence. The client may also be reimbursed for rental and storage expenses, as well as towing charges.
*Loss of services and consortium – there are considered non-monetary damages and are generally harder to value, since spouses may receive money for the emotional element of a marriage, such as loss of affection, society and companionship. These damages can also be recovered by parents, as in cases where a child has been killed or injured in an auto accident. A car accident lawyer is experienced in evaluating each case based on the facts presented and can ascertain whether the parent or spouse’s claim will be viable.
*Pain and Suffering – hardest non-monetary damages to calculate, since every person is unique and so are his or her injuries. An accident lawyer helps his clients recover not only for the physical pain suffered due to an accident, but also for the emotion distress, such as loss of enjoyment of life, fear of driving, frustration at the slow rate of recovery and other things that arise after the person suffers a serious injury.
So, if you need legal help, do your research, ask around for recommendations, check the attorney’s credentials before meeting him for the first time, and you will be on your way to finding some of the best accident attorneys.