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Injured in a Car Accident? Get a Lawsuit Settlement

Should I Take the First Offer of a Car Accident Settlement

You need a lawyer if you suffered an injury in a car accident. Car accident attorneys help those injured in car accidents get the money they need to fully recover from their harm. If you have suffered an injury in an accident, you should contact a car accident lawyer immediately to help protect your legal rights. There is no reason to pursue a car accident claim alone. Call (312)924-7575 an experienced car accident lawyer in your area today if you have suffered an injury in a car accident.

Common Causes of Car Accidents

Every driver must follow the rules of the road. If they do not follow the road rules, they can cause an accident. Call (312)924-7575 to discuss your accident with a local car accident lawyer to discuss your claim if you have suffered an injury in a car accident. Some common causes of car accidents include:

Carelessness

If a driver operates their vehicle carelessly, they can cause a tragic accident. Careless driving includes a motorist making avoidable mistakes. If a driver fails to check their blind spots, does not look before changing lanes, or fails to yield or stop at stop signs.

Recklessness

A driver operates their vehicle recklessly when they drive with disregard for the safety of others. A reckless driver may receive a citation for a traffic offense. If someone gets pulled over for reckless driving, they may have a court date in criminal court and face a car accident lawsuit in the future if they cause an accident.

Speeding

Speeding is a major cause of traffic accidents. If you are driving over the speed limit, you may not stop quickly enough to avoid an accident. An accident caused by a speeding driver is avoidable. Call (312)924-7575 a local car accident lawyer to discuss your injuries if a speeding driver injured you.

Distracted Driving

Distracted driving includes anything that takes your mind off driving. Distracted driving includes texting, talking on the phone, eating, changing the music, focusing on the navigation system, and talking to your passengers. It only takes a second of inattention to cause an accident. Every driver should put all their attention on the road while driving.

Fatigued Driving

Drivers should not operate a vehicle when they are tired. A fatigued driver has a slower reaction and response time. A sleepy driver may start to microsleep. Microsleep is when a person falls asleep for seconds from exhaustion. Unfortunately, fatigued drivers cause accidents across the country daily.

Impaired Driving

Driving under the influence of drugs or alcohol is dangerous and illegal. Driving while under the influence can cause a deadly accident. Everyone that shares the road with an impaired driver is at risk.

Poorly Maintained Roads

You might have a claim against the city if you were in an accident caused by a poorly maintained road. If your city has roads with cracks, potholes, or other problems, you may get into a single car accident or an accident with another driver that may not be either driver’s fault. In that case, speak to an accident attorney immediately to learn more about your right to pursue compensation against the city.

Defective Parts

Sometimes accidents can be caused by defective parts. All manufacturers are required to put safe products into the marketplace. If your car has a defective part, you may be at risk for an accident. If you get into an accident because of a defective part, you may have a claim against the manufacturer. Call (312)924-7575 an experienced accident attorney to discuss your options if you find yourself in this situation.

Bad Weather

The weather can be a contributing factor to a car accident. Drivers must adjust their speed if the weather calls for it. A driver might be liable for negligence even if they were traveling the speed limit if they fail to slow to a safer speed.

What Increases the Value of My Settlement?

Every settlement is unique. Many factors increase the overall value of your case, including your specific injuries. Your attorney will help you determine your case value. If you suffered an injury in a car accident, call (312)924-7575 a local car accident lawyer to discuss your case and determine its value.

Who Is Liable?

The liable party is responsible for paying for the injured party’s damages. Often the responsible party will rely on their insurance to pay a judgment, and their insurance policy may not be enough to pay all your bills. Still, if a business or another party with deep pockets is responsible, you can get more of your damages covered. Your attorney will talk to you about your injuries in detail. Accident victims tend to downplay their injuries. An attorney will anticipate future damages as well as the currently apparent ones.

Insurance Policy Limits

You must name every potentially liable defendant in your lawsuit because each defendant may have different insurance policy limits. Insurance policy limits represent the maximum amount of money that the insurance company will pay for any one accident settlement.

Insurance policy limits may restrict the money needed to pay the victim’s medical bills and other damages. That is why you must name every possible defendant in your lawsuit. You have a greater chance of fully recovering financially from your injuries.

The Severity of the Injury

The more severe the injuries are, the more valuable your accident claim. A person with whiplash, sprains, strains, or other minor injuries will not receive the same settlement amount as someone who lost a limb or suffered another permanent injury. More severe injuries usually require invasive or long-term treatment like surgery or physical therapy. An accident victim that requires surgery or other major treatment for their injuries may receive more money when their case settles.

Your Injury Affects Your Job and Earnings

If your injuries keep you from working, you are entitled to damages for your lost income. To prove lost income, keep a record of the days you missed because of your injuries. Your medical records may include a notation of excuses from work or directions to not work for a period so that you can recover.

You may also be entitled to future lost wages and loss of earning capacity. Your attorney will work with you to prove these damages.

Intangible Effects of Your Injuries

Pain and suffering damages compensate an accident victim for injuries that they suffered. Victims usually prove pain and suffering damages through testimony. You can testify about how the accident has affected your daily life, and your family members and other loved ones can testify how you have changed since your accident and injuries.

An accident victim’s spouse can also claim intangible damages, similar to the pain and suffering of the victim. This claim compensates your spouse for losing your companionship, including sexual intimacy, due to injuries and related effects.

What Damages are Available After a Car Accident?

After you get into an accident, one of the first things you want is to ensure that your injuries get treatment. The next thing that you focus on is getting compensated for your injuries. But what damages are available after a car accident?

Examples of damages that are available after a car accident include:

Medical Bills

You may recover the medical expenses you suffered in an accident. You must see a doctor immediately after the accident. Follow your doctor’s instructions and if they recommend seeing a specialist, do so.

In addition to your current medical bills, you deserve compensation for future medical expenses. Some injuries require you to have long-term treatment like physical therapy. Your settlement from the insurance company should include money to pay for ongoing medical care.

Lost Income

If your injuries caused you to miss work, you are entitled to compensation for your loss. Loss of income is compensable both now and in the future, just as medical care is. You are also entitled to compensation for lost earning capacity. You can continue working after the accident, but the type of work you can complete may be different. For example, if you were a firefighter before the accident but can no longer do the job, but you can work at a desk job, you can receive the difference in salary as compensation.

Pain and Suffering

An accident victim is entitled to pain and suffering damages. Pain and suffering are intangible damages; sometimes, it is hard to prove that you have sustained this kind of harm. An accident attorney can help you prove your pain and suffering injuries.

Loss of Consortium

If you are married, your spouse may have a claim for loss of consortium. A loss of consortium claim compensates the spouse of an injured person for the loss of their spouse’s companionship.

Some injuries from a car accident can lead to the spouse being unable to spend time with their loved one, have sexual relations, or may become emotionally unavailable because of the stress of the injury. If your spouse believes they have a loss of consortium claim, they should speak to your car accident lawyer immediately.

Avoiding Common Pitfalls

If this is your first accident claim, you will not know what to expect, and you may fall into common, avoidable pitfalls. An accident attorney can help you avoid common problems that accident victims face as they pursue recovery. Some common issues that unrepresented clients face include:

Prematurely Signing a Document from an Insurance Company

Never accept an offer from an insurance company before speaking to an attorney. An insurance company is a for-profit business, and it is concerned about its bottom line. To protect its bottom line, the company will offer a quick settlement offer that may not cover all your injuries.

Failure to Include All Potential Defendants

You may leave money on the table if you do not name all potential defendants in a lawsuit. One defendant may be unable to pay for all your injuries, but if another defendant is responsible, that defendant may have more resources so that you receive full compensation.

Settling a Claim Before Your Injuries are Fully Treated

It makes sense that you want to settle your claim quickly and return to your life. However, the instinct to accept the first offer may hurt your case. Often, accident victims do not know the extent of their injuries at the beginning of their case. A car accident lawyer knows how to negotiate with the insurance company anticipating future medical bills and future lost wages.

Failure to Comply with Procedural Rules

You must follow procedural rules in car accident cases. You may lose your lawsuit if you fail to follow the statute of limitations, which sets a deadline for filing a lawsuit. An injury lawyer understands civil procedure, evidence, and local court rules. You can avoid dismissal for a technical error if you hire an accident attorney.

Contact a Car Accident Attorney Today

Dave Abels Personal Injury Lawyer
Chicago Personal Injury Lawyer, Dave Abels

Car accident injuries can lead to a long and confusing road to recovery. You need a lawyer if you suffered an injury in an accident. You do not have to go it alone after a car crash. You need someone with experience helping people who suffered injuries like yours and who will fight to get the money you need to recover in peace. Call (312)924-7575 an accident lawyer in your area today.

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