Learning all about car accidents and car accident law is important. Here are 5 legal tips for dealing with a car accident so you can be prepared in case you are ever in an accident situation.
5 Legal Tips All About Car Accidents
- Know the liability rules in your state: Some states are no fault states, which means each person recovers his injury damages from his own insurance company, regardless of who was at fault... unless the injuries are serious. If the injuries are serious as defined by the law (some states use a monetary threshold, others look at the nature of injuries) then you can sue in a no fault state. In other states, you can sue the party responsible or recover from his insurance company in a settlement no matter how minor your injuries or damage.
- Understand the statute of limitations: In each state, you have only a limited period of time to file a car accident lawsuit. Some states also set strict limits on the time limit for applying for no fault coverage. Know these rules and make sure you file within the time period to protect your rights. At the same time, don't file too early because you want to make sure the full extent of your injuries are known.
- Learn about the appropriate damages: If you sue, damages can include medical bills, lost wages, pain and suffering, emotional distress, and in rare cases even punitive damages. If a victim of a car accident dies, his family or estate can sue for wrongful death, loss of companionship or loss of consortium. Understand the damages the law entitles you to and make sure you don't accept a settlement that doesn't compensate you for those damages.
- Understand what settlement means: If you settle a case, then you agree to accept a single lump sum payment and you give up your rights to sue for anything more. Settlement can happen before you file a lawsuit, if the insurance company sends you a letter offering you a set amount and you take it. Settlement can also happen after you file a lawsuit, if the insurance company makes you an offer during the pretrial or discovery process, or even during the trial itself before the jury actually returns a verdict.
- Get legal help: Working with an experienced car accident lawyer is vital as he can explain your rights and help you decide if a settlement offer is fair or if you should sue.
Getting Legal Help
Once you have decided to get legal help, find a competent and qualified attorney who can explain to you all about car accidents in your state and who can act as your advocate and protect your rights.
