Monthly Archives: July 2011
Okay, so you’ve been in a bad car accident, you may feel that all you have are questions. Finding the answers to some questions may be as easy as asking the right person, but finding the right person may be a confusing and daunting task in itself. The following are a few questions that you may need to ask yourself or your attorney before you ever fill out your insurance claims.
Am I In A No-Fault State?
No-fault means that accidents are determined to be a driver’s fault, or a percentage of a driver’s fault. If the other driver is determined to be 80 percent at fault and you are determined to be 20 percent at fault, the other driver’s insurance should cover 80 percent of the accident and your insurance should cover 20 percent.
This also means that, unlike in a no-fault state, the injured person may seek damages against the person who caused the car accident. In no-fault states, insurance companies generally charge more because they will automatically be expected to provide compensation, regardless of who is at fault.
What is tort law?
When discussing your car accident injury case with an attorney, he may refer to “tort law.” Tort may be used interchangeably with lawsuit, but it simply means that the state accepts that one individual may be at fault, or at greater fault than another.
When should I find legal representation?
You may expect an attorney to tell you that you should seek legal counsel immediately if you are in a car accident, but what you may not realize is that attorneys exist not only to prosecute criminals, but also to protect your rights. In tort states, you may find that your insurance company is hesitant to cover your claim, or may deny you compensation in part if fault has not yet been established.
Working with an experienced car accident attorney as early as possible will help prevent costly mistakes or dubious phrasing in insurance paperwork that may cost you later in your case. Of course, working with an attorney tends to make the settlement process take considerably longer, but you have a much higher likelihood of a favorable settlement if you retain an attorney. Of course, if you experience financial difficulties while you are waiting for your settlement to be finalized, you can always contact a lawsuit funding company like TriMark Legal Funding LLC for lawsuit loans (non-recourse cash advance secured by the future value of your pending settlement).
What if I refused medical assistance at the accident scene and then began to suffer from latent injuries?
While you should never refuse medical assistance at an accident scene, failing to accept medical assistance does not automatically mean that you do not deserve compensation for your car accident related medical bills. Many insurance companies may claim that you were not injured if you did not feel the need for medical attention, but many injuries may occur and not become apparent for hours, days, or even weeks later.