Accident Injury Attorney
PERSONAL INJURY PRACTICE AREAS
Were you injured in an accident? We can help.
Our family of personal injury lawyers can help if you were injured in an accident. We offer free consultations and charge no fees unless we obtain compensation for your accident.
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Types of Car Injury Claims
For those that were injured in car accident, there car injury claims can take a number of forms. Most commonly, car injuries are the result of the following types of motor vehicle accidents:
The Elements of a Car Injury Lawsuit
Winning a car injury lawsuit is a complex. Those that suffer a car injury are typically the plaintiff (especially in fault based states where the injured party was not at fault). The plaintiff in these cases is required to prove that the at fault party acted negligently under the facts of the case and in doing so, caused the injuries and damages. This framework of what the car injury victim has to proof is referred to as “negligence”, which is typically made up of three distinct parts (depending on State law):
When talking about car injuries caused by negligence, one of the most important concepts is the concept of “duty.” Negligence lawsuits involve breaches of duties that we owe each other by virtue of reasonable expectations placed on society not to act in a way that injures others. The nuances of “duties” and if they were breached is based on particular state laws. States each have laws and precedent from court cases establishing various duties for different circumstances. For example, all states have laws against driving in excess of the posted speed limit. Common law – or judge made law – holds that all citizens in America have a duty to act as a “reasonably prudent person under the same or similar circumstances.” In the context of negligence, for example, drivers have a duty not to speed. If they breach this duty by speeding and cause an injury, they are likely liable for negligence. This aspect of negligence law is typically quite broad and subjective. Each case is a fact specific inquiry as to whether a duty existed and whether it was breached.
After it has been established that the Defendant or tortfeasor had a duty to act a certain way, the next prong in the negligence analysis is whether or not their actions breached that duty. This can again be a fact specific inquiry based on what happened in the case. The quintessential example is speeding – the driver had a duty not to speed and break the law – and if they were speeding before causing the accident, they breached the duty not to speed. Showing a duty and breach is key to winning a car injury case.
If it was established that the at-fault driver had a duty to act a certain way and breached that duty, the Plaintiff still has to show what is called causation. The responsible driver still may not be liable unless the Plaintiff proves that the breach of the duty at issue was the actual or proximate cause of the car injury. Plaintiffs have to show that because of the breach, the damage or car injury resulted. In other words, the breach itself caused the car injury. For example, if the Plaintiff has a totally unrelated health issue but also suffered a car injury, they may not be able to prove the unrelated injury was caused by the other driver. This can be a complex medical analysis and even may require expert physicians to serve as witnesses.
Timeline of a Car Injury Claim
While no two personal injury cases are the same, there are certain similarities in the process all claims take. We often have clients ask us questions about the process, or how long it may take. In an effort to simplify this, here is the primary process involved with a typical personal injury claim.
Hire a Car Injury Lawyer
Obtaining Medical Bills and Records
Contacting the Insurance Companies
Negotiate Settlement or File Lawsuit
Car Injury FAQ
Most frequently asked car injury questions.
The most important thing is to ensure your own safety and the safety of others. Secondary accidents can be even more serious than the first. If you can do so safely, ensure you and anyone else involved has moved their vehicles out of traffic and that all involved parties are out of harms way. Immediately thereafter, you should seek medical assistance for anyone injured. Always call 911 to report the incident. Obtain the information of all parties. Lastly, if you are able to do so safely, it can benefit your case to obtain photographs of the scene and vehicles involved. After seeking treatment for any immediate injuries, contact a car injury lawyer to help build your case.
You are not required to have a car injury lawyer after an accident. It can only be to your benefit to do so since the insurance company and other involved parties most certainly do. The advice of your counsel can help you evaluate your case, understand if you are getting a fair offer, and help negotiate a resolution or seek court involvement. Nowhere is it more important to have a car injury lawyer as when dealing with liens and negotiating medical debt. A skilled negotiator on your side is vital and the ability to litigate is crucial in this negotiation as it signals that you are taking your legal rights seriously by involving a car injury lawyer. You must make sure you are not taken advantage of by an insurance company with unlimited resources to find some small way out of paying your rightful claim.
You really should not speak with an insurance company after an accident without a car injury lawyer. The adjuster works for the insurance company and the basic business model of the company is to pay as little as legally possible in these types of cases. They are not on your side and anything you say will be used against you to try to minimize any payment they make to you. It is simply better to have your car injury lawyer negotiate and represent you in this situation and instruct the insurance company to speak with your attorney.
Dennis P. Sawan
Licensed in Ohio and Georgia
Christopher A. Sawan
Licensed in Ohio and Michigan