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Your Legal Rights Following a Car Accident

People who are involved in car accidents have certain rights that must be protected. Many people do not know their rights. They do not fight to protect themselves after they have been injured in a wreck. So what are your legal rights after you have been in a car accident? This really depends upon the situation, the damage you have incurred, and who was at fault. It always makes sense to consult with a solid attorney before taking any action. These situations are complication enough to demand professional assistance much of the time.

Filing suit under the theory of negligence

Determining fault is a major part of any accident situation. The idea behind negligence is that some party did not act reasonably, causing damage to another party in the process. One of your major legal rights is filing a lawsuit under the theory of negligence. You can claim that the other party was at fault for what happened in the accident. This will have to be proven by the evidence. If you can prove that the other party was at fault, then they can be held liable for the damage to your body and your property. The process can be long and difficult.

Claiming damages for personal injury

One of the major legal rights is the ability to file for personal injury damages. This goes well beyond simply getting repaid for medical bills. Personal injury damages can include pain and suffering, loss of consortium, and loss of future wages. A skilled attorney can help you determine just how much you should claim in a suit. It can be hard to put a dollar value on things like pain and suffering. Even with this difficulty, you have a legal right to that compensation. The goal for you and your attorney is to wrap all of the damages into one personal injury calculation.

Claiming monetary compensation for property damage

When you are involved in a car accident, extensive property damage is typical. Filing a claim for these damages is another one of your legal rights. Insurance companies will take care of this cost in most instances. There might be a time when insurance fails to cover the full damage to your property. In that case, you have the right to file a lawsuit alongside your personal injury suit. The person responsible for the accident is responsible for taking care of all of the resulting damage. Understanding this is key if you want to protect your legal rights to the fullest following a vehicle accident.

Find a Car Accident / Personal Injury Lawyer

Car accidents are complicated and implicate many legal theories. Being in touch with a good attorney is a key if you want to protect yourself from beginning of the process.

Visit San Antonio Car Accident Lawyer, Patrick Toscano, for more information about legal rights in your specific claim.

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Accidents: Don’t Let Them Be Left Unsaid

People injured in car accidents, slip and falls, dog bites or other traumatic events only have one chance to pursue their claims and receive the compensation they deserve. Some injured people may not know whether or not they have a valid claim against the insurance company. Others may accept a nuisance value settlement from the insurance company before realizing the severity of their injuries. If you have been injured by another person’s negligence, consider taking the following steps to protect your legal rights.

Obtain Evidence

Obviously a seriously injured person transported from an accident scene by ambulance will be more focused about her immediate well-being than any potential claim she might possess against the other driver. Still, do not forget about valuable evidence that could help support your claim. If you are physically able to do so, consider taking a few photographs of the vehicles involved and the accident scene itself. Use your smartphone or ask to borrow one from a witness and email the photos to yourself. If you are too injured to take photographs, ask your family or friends to take photographs when they get to the accident scene.

If the other driver is denying fault, the driver’s insurance company may reject your claim or offer to only pay a percentage of your damages. For this reason, try to get contact information from any eyewitnesses and follow up with them as soon as you are able to do so. Also remember to ask the investigating officer how you can obtain a copy of the police report.

Find the Right Attorney

Finding the right attorney for your case can be difficult. Many attorneys spend thousands of dollars on television commercials and billboards, but advertisements alone do not insure that a certain attorney is the best attorney for your claim. Conduct online searches to find attorneys in your area who specialize in personal injury law, such as Attorney Nick Madsen of Madsen Law Office. The biography sections of the websites should tell you the attorneys’ experience in representing injured people. The websites should also tell you if the attorneys are willing to meet with potential clients for no charge. Ask friends and family about their experiences with attorneys representing them on accident claims. Did their attorneys return their phone calls and emails? Did their attorneys fully explain their legal rights?

Be Involved in Your Claim

Once you find the right attorney, keep in contact with them. Return all phone calls and provide your attorney with any documents she might request from you like paycheck stubs or insurance policies. Do not involve your entire family in your claim. Keep your conversations with your attorney private and work hard with your lawyer to get the money you deserve from the insurance company.

 

Peter Wendt is a freelance article writer and researcher interested in current legal issues in today’s society.

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