Car accidents can be overwhelming, and dealing with the aftermath often raises a lot of questions. Whether you’re dealing with insurance companies, trying to recover from injuries, or considering a lawsuit, knowing the right steps to take is crucial. Here, we’ve compiled answers to seven common questions we receive from clients about car accident lawsuits to help you navigate this challenging time.
After an accident, investigations are key to establishing what happened, who is at fault, and what compensation may be owed. Three primary groups conduct investigations: police officers, insurance companies, and lawyers.
Police officers usually respond to the scene, interview involved parties, and gather statements from witnesses.
They then create an accident report, which details the accident, identifies potential fault, and lists any damage or injuries.
This report can be crucial for your case.
Insurance companies perform their own investigation, aiming to assess the extent of damage and determine fault.
Lawyers can further help by conducting independent investigations, which may include gathering additional evidence like photographs, surveillance footage, and expert testimony.
Having a lawyer on your side ensures you have someone focused on protecting your rights rather than minimizing the insurance payout.
The timing for filing a car accident claim depends on the statute of limitations in your state, typically around two years from the date of the accident.
However, filing too early without a full understanding of your injuries and damages could affect your claim.
You’re usually allowed to file a claim the same day as the accident. However, it’s wise to wait until your medical treatment is underway and you have a clearer picture of your injuries and damages.
This helps build a stronger case and increases the chance of obtaining the full compensation you deserve.
Consider waiting to file until you’ve gathered a comprehensive understanding of who caused the accident, the total damages to your vehicle, and the long-term impact of your injuries.
Consulting with a car accident attorney early on can help you navigate this process and ensure you don’t miss important deadlines.
Fault can be complicated to establish in accidents involving multiple vehicles, especially when multiple parties could share responsibility.
In these cases, police reports, eyewitness accounts, and sometimes even accident reconstruction experts play essential roles in determining who is at fault.
The fault may be divided among multiple drivers, affecting each driver’s claim and compensation eligibility.
If one of the drivers was working at the time of the accident, their employer might be held responsible under certain circumstances.
An experienced attorney can help you determine if this applies to your case and whether a company may be held liable.
Yes, passengers involved in car accidents can also seek compensation from the at-fault driver, whether it’s the driver of the vehicle they were in or another party.
As a passenger, you’re entitled to compensation for injuries and damages.
This could include medical expenses, lost wages, pain and suffering, and other economic and non-economic damages related to the accident.
Passengers may claim medical expenses, pain and suffering, lost wages, and other costs incurred due to the accident.
Passengers may also seek coverage through the insurance of any at-fault drivers involved in the accident.
General damages refer to compensation for non-monetary losses, which can be challenging to quantify but are a significant component of most car accident claims.
General damages include pain and suffering, emotional distress, mental anguish, and other similar losses.
These damages recognize the impact the accident has had on your quality of life and are often based on the severity of your injuries.
In addition to pain and suffering, general damages can cover loss of consortium (the loss of companionship or support of a loved one) and damages for inconvenience.
Since these losses don’t come with receipts, an experienced attorney can help calculate and negotiate fair compensation for your general damages.
If a car accident tragically results in a fatality, surviving family members may be able to pursue a wrongful death claim.
Wrongful death claims allow families to seek compensation for the emotional and financial losses related to the death of a loved one.
These claims are typically filed by an administrator or representative of the deceased’s estate on behalf of surviving family members.
In many cases, a wrongful death lawsuit can be filed by a spouse, child, or parent of the deceased. Damages may include funeral costs, lost income, and compensation for the family’s pain and suffering.
While some may think they can handle their car accident claim alone, having a lawyer often results in a higher settlement and helps protect your rights throughout the process.
An experienced lawyer knows how to assess your case, calculate damages accurately, and negotiate with insurance companies.
Even in straightforward cases, having a lawyer often ensures a more favorable outcome than handling the claim alone.
Without a lawyer, there’s a higher chance you could receive a low settlement offer or overlook damages. A lawyer can help you understand your rights and options and secure the compensation you deserve.
Car accidents are complex, and pursuing a claim can be overwhelming without professional guidance.
If you’ve been involved in a car accident, consider consulting with a car accident attorney who can walk you through the process, protect your rights, and help you get the best possible outcome.
At Manchin Injury Law Group, we’re committed to helping car accident victims in Charleston and surrounding areas get the compensation they deserve. With years of experience handling car accident cases, our attorneys are here to provide the support and guidance you need.
Contact us today for a free consultation and let us help you focus on recovery while we handle the rest.
Member at Manchin Injury Law Group
Attorney at Personal Injury
Attorney Timothy Manchin established the Manchin Injury Law Group in 2011 after his law partner of more than 25 years became a West Virginia circuit court judge. His focus is on helping individual clients and entire families victimized by negligent acts.
We offer a free initial consultation at our office in the Manchin Professional Building — our home since 1983 — conveniently located in Fairmont.
If you are unable to visit our firm, we can come to your home or hospital room.
Fill out the form below to get in touch!
