For things like auto accident related injury which happens about once or twice, or hopefully never, in the lifetime, we do not think about it too much. But if it does happen, it would be good to know what to expect and how to handle it.
The sneaky part about getting injured in a car accident or truck accident is that you may not realize you are hurt and some of the symptoms won't show up until at much later date. When you were hit from behind, a typical injury would be whiplash injury that's when your neck and spinal cord get shaken violently when hit from behind, and you may feel a little dizzy at the scene but it can get much worse. Or your internal organs get shifted, and bumped to each other and cause bleeding, even partial failure, you may not feel a thing until it propagates to other part of the body. The point is your body is a very delicate machine and it can break down in a very subtle way. That's why it is paramount to have an experienced accident lawyer on your side.
Now let's look at the parties involved if accident happens: the other party involved, who could be at fault, reckless, or being negligent; the bar or liquor store that sold the drinks to the other party if alcohol or drugs are involved; manufacturer that made the vehicles in the accident; insurance companies of both or one of the parties. Then other minor, but possible, actors that may contribute to this accident: property owner, which can be city or county or private party, who fails to maintain the property like lighting it properly, or fail to cut the tree which block the view; the maintenance guy, the mechanics that fixed the car, and then the automotive part used in the vehicle. Pretty much anyone here could be liable and obligated to provide relief for your damage. Only experienced lawyer will tell you who you should bring your case against if you do not receive adequate relief.
The sole purpose of insurance is to cover your damage in this scenario. But then insurance companies are in the business of making money. Insurance company may hire a shrewd adjuster just to smooth talk you into settlement, and they do not have your best long term health interest in mind. Do not sign any waiver or release paper from insurance company before you talk to your attorney and know the true damages, which includes emotional distress, damaged property, missing works, loss ability to function normally in social life after accident, and bodily injury that may not show any sign until much later date as explained earlier. The same formula is also used in figuring out the settlement amount. But the answer to question of "what is a typical settlement for a car accident" is, there is no typical, one size fits all settlement amount for accident victim. It depents on a lot of factors. How strong is your case? Is it a sure win, cut and dry case? What is the earning potential of the victim, yes, how much the victim is expected to make without the bodily injury done to them? Also keep in mind the victim does not pocket all the court award. It is not unusual that litigtaion lawyer takes 50% of the award.
If you think your own insurance company, or the insurance company from the other party, fails to offer enough for the damages, or the other party does not have insurance at all and "uninsured motorist" is not part of your policy, then hire an experienced lawyer that can discuss your options, and can fight for you like a meanest bull dog in court if needed. Have him take contingency payment in which he will take a percentage out of the award if they win the case. Engaging in a law suit can be a very expensive and risky adventure. Fact finding, interviewing witness, accident scene investigation and re-enactment, back grounding of the other at fault party, medical exam after exam, expert witness, and on and on, can be very very costly. Unless you have a very strong case, and a very competent attorney, they want to take up front fees. That is why most of the cases are settled simply by insurance company cutting a check, or settled outside court with at fault party.
Regardless litigation or not, write down what you know about the accident as early as possible while your memory is still fresh, and keep a detailed journal from the day you get in accident, take detailed note on any abnormal feeling about your body. Write before and after accident bodily feels, and take photos of any bruises, bleeding, or cuts, and have detailed account from witness and physicians. These photographs will show deterioration of the wounds which will help physician diagnose your injury more accurately and discover the true damage from the accident. Should the case go to the court, you are prepared to show documents to the court the injury from the accident.
Show the notes to prospective attorneys, be upfront with them, and demonstrate to them you have sharp memory, and are detail oriented so that the attorneys can better assess your case, and it would cost less to work with you on the case. Most of the time an attorney spend on a case is to find out the "facts". Your blurry recollection, "maybe", or "not sure" will not help in the court. But if you have well documented "facts" it will help the attorney tremendously, which will cuts the cost of litigation. That is why the time tested advice, "document everything, sign nothing". And have digital recording device handy to take pictures, voice recordings, digital scanning etc.
Seek the help from Internet. There is so much information on the Internet, and you can do the research on your own. I do not recommend "pro se" or "self representation". But the research will show your attorney that you have done the homework, and they are more willing to work with you, and it will help you cut the litigation cost. Car accident related personal injuries mostly go under what legally termed, "tort of negligence". Educate yourself on tort, and tort related laws from The Law of Tort
The alternative of hiring a paid attorney is to find "pro bono". Look up your local bar association, and they can recommend an attorney for you. This option is very attractive for those that can not afford an attorney. These "pro bono" attorneys are not necessary inexperienced. Some very experienced and reputable lawyers take part in "pro bono" too as a way to provide community service and generate good will for their paid service.
If the cost of litigation seems a lot, that's because it is. That's why people buy insurance, and have insurance company does that for them. Insurance company is obligated to defend you in court even if you are at fault. You can also buy pre-paid legal, which is kind of insurance in the case of litigation action is required or if you have to defend yourself, which covers more than just car accident, or personal injury case. It is much broader in scope.
Last advice is not to see the car accident as a "lottery win". You see it on the comedy on TV or in movies, and you think you may get rich and set for life. In real life, it does not work that way. Auto injury attorney has to sink significant amount of time and money before they go to trial. And the odd is not always on their side. Also keep that in mind, a lot of cases, even if you win the judgment, you may still have a long way to go to collect the judgment. Sometimes, the person you bring your law suit against is so down on his luck, he becomes judgment proof. That's when the person has no money, is insolvent, or bankrupted, for anyone to collect anything from, as the old saying, "you can not squeeze blood out of turnips". Your attorney can see that in the early stage of the case and advise you to take a sensible action to settle with whatever that person can come up with. If the lawyers want you to settle out of the court, that may be the best case scenario, and you may want to take it and move on with your life.
Here is a list of state bar associations for those who are interested in seeking "pro bono" type legal service or who like to have referral on reputable car accident attornies.
Alabama, AL | Alaska, AK | American Samoa, AS | Arizona, AZ | Arkansas, AR | California, CA | Colorado, CO | Connecticut, CT | Delaware, DE | Florida, FL | Georgia, GA | Guam, GU | Hawaii, HI | Idaho, ID | Illinois, IL | Indiana, IN | Iowa, IA | Kansas, KS | Kentucky, KY | Louisiana, LA | Maine, ME | Maryland, MD | Massachusetts, MA | Michigan, MI | Minnesota, MI | Mississippi, MS | Missouri, MO | Montana, MT | Nevada, NV | Nebraska, NE | North Dokota, ND | New Hampshire, NH | New Jersey, NJ | New Mexico, NM | New York, NY | North Carolina, NC | Ohio, OH | Oklahoma, OK | Oregon, OR | Pennsylvania, PA | Puerto Rico, PR | Rhode Island, RI | South Carolina, SC | South Dakota, SD | Tennessee, TN | Texas, TX | Utah, UT | Vermont, VT | Virginia, VA | Washington, DC | Washington, WA | West Virginia, WV | Wisconsin, WI | Wyoming, WY
Disclaimer: The information provided here is on "as is" basis. We do not provide warranty of any kind, merchantability, or fitness for particular purpose. We disclaim all liability which arises in connection with this website. Readers are strongly advised to seek professional lawyer help for all legal matters.
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