Car Injury Lawyers

Sawan & Sawan is a family of car injury lawyers representing clients in Ohio, Michigan, and Georgia. Our team of accident injury attorneys has over 35 years of combined experience recovering millions of dollars for car injury victims. 

Play Video
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.

Schedule a Free consultation

Fill out the contact form below and a lawyer will contact you to discuss your case.

1 +
YEARS PRACTICE
1 +
Clients Served
1 +
5-Star Reviews

Latest Reviews

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. 

Step #1
Hire a Car Injury Lawyer
There is no substitute for hiring a car injury lawyer after an accident. The earlier you can do so, the better. This is critical in managing the case, making sure liens are satisfied so there is not excessive medical debt, negotiating the resolution of the case, and much more.
Step #1
Step #2
Obtaining Medical Bills and Records
Car injury lawyers should immediately begin requesting medical records and determining if any outstanding liens exist. This is extremely important to have done by an attorney because medical debt if not handled properly can lead to bankruptcy.
Step #2
Step #3
Contacting the Insurance Companies
Various insurance companies may be involved in a car injury case depending on what happened. This may include the at-fault driver and your own insurance company as well as health insurance that covered health benefits paid for treatment.
Step #3
Step #4
Negotiate Settlement or File Lawsuit
Once all the medical bills, records, and liens are obtained and the car injury victim is done treating, the claim can be moved into negotiation especially where insurance adjusters were involved from the beginning and understand the injuries and liability of the accident. If the case cannot be resolved, a lawsuit will have to be filed.
Step #4

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. 

It is impossible to determine what a typical car injury case is worth because there are too many variables that are unknown. It can be a combination of your medical bills (the actual lien amount held by a subrogated party), your pain and suffering, the nature of the injuries involved, whether the Defendant’s conduct was so egregious as to have punitive damages imposed, any wage loss incurred, and the future ramifications of the injuries sustained. This is an incredibly complex analysis that should only be done by a car injury lawyer so you can make sure you don’t accept an offer that is well below what your claim should be worth. 

About the Authors: Sawan & Sawan is a Toledo, Ohio based law firm representing clients in the areas of Personal InjuryTruck Accidents, and Car Accidents with lawyers licensed to practice in Ohio, Michigan and Georgia.

DPS-2 Cutout

Dennis P. Sawan

Partner

Licensed in Ohio and Georgia

CAS-1 Cutout

Christopher A. Sawan

Partner

Licensed in Ohio and Michigan

Request A Free Consultation

Our Reviews

Our Firm

1 +
YEARS PRACTICE
1 +
Clients Served
1 +
5-Star Reviews

Latest Articles

Car accident lawyer near me in Toledo.
Find Our
Nearest Office

Fill out the contact form below and a lawyer will contact you to discuss your case.

Speak to a Lawyer today

Fill out the contact form below and a lawyer will contact you to discuss your case.

Contact Info