What Types of Compensation Are Available For Car Accident Victims?

Last updated on July 21, 2023

After you have been involved in a car accident, you will face many different issues. One of them will be managing your compensation claim with the insurance company.

The insurance company will reassure you that you do not need an attorney because they will “take care of everything” for you. While this may seem like a relief in such chaotic times, it is important to understand that the insurance company has its best interests in mind, not yours.

You will always benefit from having legal representation when injured in a car accident.

Learn how having a car accident lawyer manage your claim can help you secure the maximum compensation for your losses.

What Services Will A Car Accident Attorney Provide?

Your car accident attorney will provide many different services while managing your case. The types of services they will provide will be based on the facts of your case. Some of the services you will receive include:

Car Accident Investigation

Starting with the police report, your attorney will research all the information about the accident to establish the cause of the accident. The lawyer will speak with witnesses, review traffic camera footage, and even bring in an accident reconstruction expert to recreate the accident so that accurate information can be used in your case.

Be Your Representative With The Insurance Company

Your lawyer will manage all interactions with the insurance company. This ensures that all paperwork is prepared properly and submitted on time. It also ensures that your rights are protected as an accident victim.

Manage Medical Care Requests

Insurance companies often deny second opinions or some forms of therapy because they are considered too expensive or too new. If your medical provider requests that you receive these treatments, your attorney will ensure that the insurance company approves. You are entitled to the medical care you need to recover from your injuries.

Manage Medical Records and Bills

Your medical records play a significant part in your compensation claim. Your lawyer will make sure that all medical records are documented and reviewed. They will obtain any missing information and ensure that any requirements that the insurance company has for records have been met.

Additionally, your lawyer will also manage all of your medical bills. Bills that are not paid directly by the insurance company can accumulate quickly. Your attorney will arrange to delay billing and payment until your case settles. This gives you access to the medical care you need without worrying about payment.

Gather Financial Losses Information

If your injuries have caused you to miss work, you are entitled to receive payment for your lost wages and benefits. If you cannot return to work in the same capacity or at all, you are also entitled to future wage losses.

Additionally, your attorney will look at other expenses related to your injury that you have had to pay. This may include hiring people to do services you cannot do because of your injuries, such as cutting the lawn or changing your home or vehicle to accommodate your injuries.

Your lawyer may even bring in a financial expert to get the full extent of your financial losses documented so they can present this evidence to the insurance company.

Create A Demand Letter

Your lawyer will gather and organize all the evidence and create a Demand Letter to send to the insurance company. This letter will present all your case facts and the amount you are asking for as compensation.

Negotiate The Settlement

It is very rare for an insurance company to accept the amount in the Demand Letter. Your attorney knows this and is ready to start the negotiation process. Your lawyer will continue to negotiate until a settlement is reached.

Take Your Claim To Trial

If a settlement agreement cannot be reached, your attorney will prepare your claim for trial. This is rare. Less than five percent of all personal injury claims go to trial. However, if it is necessary, your attorney will be ready.

Finalize Your Claim

Once your case settles, your lawyer will finalize your claim by paying all of the outstanding bills and legal fees from your settlement and issuing you a final check for your settlement. When you receive your check, the case is officially closed.

Can I Manage A Car Accident Claim On My Own?

Yes. You can manage a claim on your own. In some cases, it may be more beneficial to you. If you are in a minor car accident and do not have any injuries or are minor, it may be beneficial to manage your own claim.

If you are in a bad accident with multiple or severe injuries, need extensive medical care or long-term therapy, miss work, or cannot return to work because of your injuries, you will always benefit from legal representation.

What Types of Compensation Are Available For Car Accident Victims?

Accident victims are entitled to seek several types of compensation for their injuries and losses. The types of compensation and the amount of compensation will be based on the facts of your case.

The most common forms of accident compensation include:

Medical Expenses

Your settlement agreement will cover all of your current medical expenses related to the injury. This includes doctor visits, medical procedures, and all types of therapy.

Future Medical Care

If you need future medical care, long-term medical care, or extended therapy to manage your injuries, your attorney will seek compensation for these future medical costs. Your lawyer will bring in medical and financial experts to determine the actual costs for these services so that you receive full compensation.

Lost Income

If your injuries have prevented you from returning to work, you can claim your lost wages. In addition to your hourly wages, you can also seek compensation for lost employer-paid benefits you may not have received during your absence. This may include contributions to your retirement, bonuses, or profit sharing.

Future Earning Capacity

If you have suffered injuries that prevent you from returning to work at full capacity or at all, you have the right to seek compensation for your lost future earnings. Your attorney will bring in a financial expert to calculate the number of losses you will suffer from being unable to return to your employment. This amount will be added to your compensation package.

Cost of Services

Many expenses can be related to your accident and injury. Some of these expenses can be included in your settlement. Some of these services or expenses may include:

  • Cost of medical equipment or supplies
  • Cost of transportation to and from medical visits
  • Cost to change your home or vehicle to accommodate injury
  • Cost for personal services like house cleaning, lawn care, pet care, child care, or similar services you have to pay for because of the injuries.

Pain and Suffering

Pain and suffering are non-economic damages that will be different for each case. This compensation category examines how much the injury has changed and interrupted your life. Every case is unique and will be handled differently.

Your attorney will explain how pain and suffering compensation applies to your case and what you should expect from this part of your settlement.

Additional forms of compensation may be available to you. Your attorney will provide you with full disclosure of all types of compensation that are available to you based on the information from your case.

What To Do After A Car Accident

Car accidents happen in a matter of seconds. They can leave you feeling dazed and confused, especially if you have been injured. Knowing what to do when an accident happens will protect your rights to claim compensation.

Call The Police

You must notify the police that an accident has happened. The police will come to the scene and make an official report. This report is crucial to your compensation claim.

The police report will contain information about the other driver, the investigation conducted by the police, and possibly witness information.

Take Pictures or Videos

If your injuries allow, take pictures at the scene of the accident. Get pictures of the vehicles and the surrounding area. Take pictures of your injuries. Try to get a picture of any road signs or identifying landmarks that can help place you at that spot.

If you are unable to get pictures, don’t panic. Your health and injuries are more important. Your lawyer will get access to traffic camera footage and other evidence when investigating your accident.

Seek Immediate Medical Evaluation

Regardless of the accident’s severity, you should visit the emergency room for a medical evaluation. When an accident happens, your adrenaline is at its peak, and you may not even realize you have an injury. You may brush off that headache or upset stomach as just being your “nerves” from being in an accident.

Concussions and internal bleeding can also cause headaches and upset stomachs. Soft tissue injuries may feel like stress, but they are real injuries to your muscles or tendons. Whiplash may not be noticeable for several hours or days after an accident. Hairline fractures and sprains may not be noticeable at the scene.

While most insurance companies will give you up to seven days to go to the hospital for injuries from an accident, they will generally deny treatment after 24 hours. After that time, the insurance company can claim that the injuries happened anywhere or are from something other than the accident.

Protect your health and rights to seek compensation by going to the emergency room immediately after leaving the accident scene.

Report Accident To Insurance Company – But Be Careful

You will need to report the accident to your insurance company so that you can get the medical care you need. However, be careful not to provide too much information or an official statement about your injuries.

The insurance company will push you for an official statement so that they can go back to this statement later to delay or diminish your claim. You have the right to refrain from making an official statement until you have spoken to an attorney.

You do not want to give this statement yet because you cannot possibly know what injuries you have or what losses it will cause. You do not want to tell the insurance company that you “think you are ok” and then walk into the emergency room to find out you have a serious injury.

Contact A Car Accident Attorney

As soon as your injuries are stabilized, you should contact an attorney about your accident and injuries. Having legal representation will protect your rights as an injury victim. Your attorney can work as your representative to the insurance company from that moment forward, allowing you to concentrate on recovering from your injuries.

Avoid Social Media

The insurance company will begin to monitor your social media accounts. If you must post anything on your account, keep it very simple. Never post detailed information about the accident, your injuries, or anything you discuss with your doctors or lawyers.

Never post pictures on social media while you have an open compensation claim, even if they are throwbacks. The insurance company does not know when a picture was taken, so seeing a picture of you celebrating at a wedding or enjoying a vacation can impact your case.

Do not post negative things about the other driver or the insurance company. The insurer will use this information to make you look like a “hostile” claimant. This can impact your compensation claim.

Your best bet is to refrain from social media as much as possible until your case is closed.

Do Not Miss Your Medical Appointments

Make sure that you make all of your medical appointments and therapy sessions. Only reschedule as an absolute last choice. Every time you miss an appointment, the insurance sees that you are fine and no longer need medical care.

Follow Your Lawyer’s Advice

Your attorney will give you valuable information on what to do while you have an open compensation claim. Take advantage of their experience and knowledge and follow this advice; it will benefit you.

How Do I Pay For A Car Accident Attorney?

Many people do not call an accident attorney when injured because they fear they cannot pay for their services. The good news is that everyone can afford a car accident attorney.

Car accident lawyers work on a contingency basis. You never have to pay for their services or your legal fees upfront. The attorney will only collect fees once they have won your case.

Working on contingency ensures that everyone has access to legal representation when they have been injured. All attorneys will explain their fee schedule during your first consultation. If you are happy with their fee structure, you will sign a service contract.

Once you have signed this contract for services, the lawyer will begin to manage your case and cover all the legal fees to build your case. All these expenses will be withdrawn from your compensation when your case settles.

Speak With A Car Accident Attorney Today

If you or your loved one has been injured in a car accident, you should talk with a car accident lawyer about your rights to compensation.

If you are ready to take with a car accident attorney in your area, click “Find a Lawyer,” and we will connect you with local car accident lawyers. You can schedule a consultation with an attorney and discuss your rights as an injury victim.

In conclusion, one of the most important steps after being involved in a car accident is managing your compensation claim with the insurance company. While the insurance company may suggest that you don’t need an attorney, it’s important to understand that they have their best interests in mind, not yours.

Therefore, having legal representation when injured in a car accident can always benefit you.

A car accident lawyer can provide many different services while managing your case, including accident investigation, representing you with the insurance company, managing medical care requests and bills, gathering financial loss information, creating a demand letter, negotiating the settlement, taking your claim to trial, and finalizing your claim.

Plus, you are entitled to seek several types of compensation for your injuries and losses, including medical expenses, future medical care, lost income, future earning capacity, cost of services, and pain and suffering.

While you can manage a claim on your own, it’s always beneficial to seek legal representation if you are in a bad accident with multiple or severe injuries, needs extensive medical care or long-term therapy, miss work, or cannot return to work because of your injuries.

Also, car accident lawyers work on a contingency basis, ensuring everyone has access to legal representation when injured, regardless of their financial situation.

Seeking legal assistance from a qualified car accident lawyer can help you navigate the complex and often challenging legal process, as well as help you secure the maximum compensation for your losses.

Choosing A Lawyer

Here are some things to consider when seeking legal representation:
- Interaction, Communication, and Response Time
- Reliability and Compatibility
- Education, Legal Experience, and Local Engagement
- Professional Networks and Memberships
- Prior Settlement Results
- Online Reviews

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