Motor Vehicle Accidents: Injured
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Motor Vehicle Accidents

Motor Vehicle Accidents are the leading cause of personal injury lawsuits in America. According to the NHTSA, someone in the United States is involved in a car accident every ten seconds. Generally, most lawsuits involving car accidents are brought about using theories of negligence. Sometimes, however, personal injury lawsuits could be brought under the theory of reckless driving, where the driver had a clear disregard for the probability of accident. Other theories under which a motor vehicle lawsuit could be brought are intentional misconduct and even strict liability. Strict liability imposes responsibility regardless of fault, but is usually only ever imposed in cases involving product defects or extra hazardous activities.


Recently in Motor Vehicle Accidents Category

Do I Need a Witness to Prove a Car Accident Claim or Case?

This is another in our series on car accident claims. Many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help.

If you have been in a car accident, you will need to show evidence of what happened for insurance to coverage the damages. Or, if insurance won't suffice and the accident is severe, you may end up involved in a lawsuit. Whether or not you have a witness to the accident, you can still prove your claim or case.

Witnesses are not the only way that proof is presented, whether a matter is being handled administratively through an insurance claim or legally in a lawsuit. So let's consider what you can do to prove what happened in an accident if there are no witnesses to support you.

This is another in our series on car accident claims. Many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help.

It's normally the first or second question that pops up after a car accident, right after "Is everyone OK?" Before you're even exchanging insurance information, you're wondering whether you need to alert the police or highway patrol so they can file an accident report.

Maybe if you've just gotten a love tap at a stop sign you and the other driver (or your respective insurance companies) can sort out the details. But if there's any dispute about what happened, or if anyone has been injured, you're probably better off filing a police report. Here's why:

Whiplash Injury Compensation: How to Make Your Claim

This is another in our series on car accident claims. Many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help.

After a car accident, you're probably most concerned with your health and safety, not necessarily with compensation for your whiplash injury. But injuries can be costly and you will need to act promptly to get the ball rolling with your insurance company to get help covering medical expenses.

In many states, drivers are required to carry insurance and accident claims are settled under no-fault law, meaning that no one is blamed for the accident and compensation is unrelated to fault. These laws minimize accident litigation and make relatively straightforward claims easy to settle. But wherever you are, when the injury is serious or insurers refuse you coverage, consider litigation. Let's look at first steps and your last resort.

This is another in our series on car accident claims. Many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help.

Getting rear-ended can be a frightening experience. You’re sitting there at a stop sign or red light, and out of nowhere, BANG. Even if you’re not seriously injured, you can be emotionally shaken, making it more difficult to figure out what happened, and what to do next.

There aren’t many ways to truly be prepared for a car accident, but there are a few things you can do after one happens that will help. Here’s what to do after you’ve been rear-ended:

This is another in our series on car accident claims. Many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help.

You might think about handling a simple fender bender on your own. After all, it’s just a couple quick calls to insurance companies and paperwork from the repair shop, right? But even the most straightforward car accident claims can go sideways in a hurry. For more serious cases where someone is injured, the fallout can be complex and intimidating.

Going it alone can mean forfeiting your legal rights, getting a smaller settlement, or even being found liable for the accident yourself. Here are just a few reasons why you need your own lawyer for a car accident claim:

This is another in our series on car accident claims. So many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help.

Last week, we discussed how compensatory damages for car accident claims are split into two categories: special damages, which cover things like medical expenses, damage to the car, and the loss of income now and in the future; and general damages, which attempt to account for pain and suffering, mental anguish, and loss of consortium.

Here's a more specific breakdown of general damages, including how to recover them after a car accident.

This is another in our series on car accident claims. So many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help.

Not all injury lawsuits make it to trial. In fact, almost all of them are decided by out-of-court settlements, either with the defendant or an insurance company. But who decides on the settlement amount? How do you know how much your injuries, pain, and suffering are worth, and how do you get the other side to pay?

Here are a few of the factors that determine the amount of car accident injury settlements.

This is another in our series on car accident claims. So many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help.

Damages, in general, refer to the money awarded in a successful civil case. In personal injury cases, compensatory damages are designed to put the aggrieved party in the same financial condition — or as close to it as possible — as he or she was before the injury.

You may have also heard the term “special damages,” which are a subset of compensatory damages. Here’s a breakdown of what special damages are and how to recover them after a car accident.

Recovering Lost Wages After a Car Accident

This is another in our series on car accident claims. So many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help.

When you get in a car accident and are injured, you probably don’t think about work first thing. But work is how you earn your living, and if you don’t go, depending on your employment set-up, then the hit you feel after a car accident can be financial as well as physical.

Typically, people who are injured in a car accident can recover lost wages. How they recover and how much depends on a number of factors, including the nature of their employment, state laws, the specifics of the accident and how it happened, and whether they seek recovery by making an insurance claim or filing a negligence suit. Let’s consider some lost wages recovery basics.

How Do You Prove Soft Tissue Injury?

This is another in our series on car accident claims. So many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help.

Soft tissue injuries are like feelings — they’re real and they hurt but they can be invisible and not everyone believes in them. For these reasons, proving this kind of injury can be difficult, or more difficult than a more obvious type of harm, like a broken leg.

Still, people do recover legal remedies for soft tissue injuries every day, so it is not at all impossible to get compensation for your damages after an accident. Let’s look at proving negligence in the context of this type of claim.