What Can I Do About Car Accident Injuries
Even low impact and low speed crashes can cause car accident victims to be seriously hurt. If you don’t require emergency transportation to the hospital, you should still see your regular physician and be examined for possible injuries. Many times, people suffer serious wounds to the spine or brain from a car crash.
Rear-end crashes can cause whiplash, which is the rapid movement of your neck backward and forward. Whiplash can cause headaches and chronic pain often requiring lengthy long-term rehabilitation.
Side-impact crashes can cause traumatic brain injuries when those inside of a vehicle hit their heads on the car’s frame or window. Traumatic brain injuries can cause permanent brain damage and greatly impact an individual’s future. Side-impact crashes can also cause lesser injuries like ligament and muscle strains and soft tissue damage.
It is important to always see a doctor soon after the crash because the more time that goes by without you being treated, the more likely an insurance company will think that you didn’t’ suffer any injuries. Even if you go see a doctor a few days after the crash, the insurance company can argue that you had time to be hurt doing something else. Going to a doctor immediately will create a paper trail of your injuries and your medical professional’s treatment of specific problems.
Who Is at Fault in a Car Accident?
When someone is in their first car accident, they may be unsure of how to pursue compensation from the people who caused the crash. Most car accidents happen because a driver made a bad decision. Usually, the person who was hurt must show that the driver who caused the crash acted negligently. This requires proving four elements – Duty, Breach, Causation, and Damages.
Duty: First, the injured person must show that the other driver owed a duty of care to them. We require drivers to operate their vehicles with a certain amount of care and consideration for those around them.
Breach: Drivers must behave like reasonably prudent people. The test for reasonableness is what an average person would do if they knew what the driver knew under the circumstances. If the average person had known that someone could have been hurt by acting like the driver did, then the driver would be considered to have acted negligently.
Causation: The accident victim must show that the injuries and property damage were a direct result of the negligent driver’s actions.
Damages: Finally, the victim must demonstrate how monetary compensation can cover the losses. For instance, what medical bills and losses of income has the victim suffered because of the accident?
Car Accident Settlements in California
Many times, people involved in accidents try to settle their own cases by dealing with the insurance companies on their own. This can be difficult to do if you do not have the knowledge and expertise to properly communicate with all of the different parties. Usually, it’s in your best interests to discuss the matter with a car accident attorney who can properly manage your claim. Here are a few issues that people regularly encounter when handling their cases without legal counsel.
Siding with the insurance company: Many of us want to believe that our insurance companies have our interests in mind. But insurance agents often work to minimize the amount of money that the company has to pay.
Settling for too little: Many accident victims take the first offer that an insurance company makes. The prospect of getting any compensation seems appealing. But an experienced lawyer knows the importance of understanding the accident’s overall impact on your life. For example, do doctors know all of the ways that a victim’s injuries will impact his or her life? It is imperative to have all of the medical documentation and a doctor’s written opinion of the victim’s short- and long-term medical needs. An established attorney will have medical experts who can examine this information and determine the dollar amount of these medical needs.
Assuming the claim won’t go to trial: Many accident victims believe insurance agents when they are told that the claim will be settled out of court. This can lead a victim to not collect important evidence before it is lost. A skilled car accident lawyer will use a team of investigators and evidence experts to preserve and inspect all evidence in the event that the claim does go before a jury.
If You’ve Been Hurt in an Accident Its Time to Call a California Car Accident Lawyer. Call Now for Free Advice! San Diego Injury Law Center (619) 338-8230 Call Our Lawyers Now – Free Consultation – No Fee Until We Win.