Having any type of automobile accident is traumatic and stressful. Fighting auto insurance claims when fair settlement isn't offered can really add to the stress level of dealing with the aftermath of a crash. An attorney that is trained and experienced in personal injury and accident cases is important in ensuring that the compensation that you get is fair and comprehensive for past, current and future needs.
Determining Liability in Accidents
Most states, but not all, have a method of determining fault or liability through comparative methods. This means that the amount of negligence on the part of all driver's in the accident is used to determine the fault and the ultimate amount of the settlement. Liability is typically determined based on four different factors. These include:
- Duty – was the driver being responsible on the road and attempting to avoid the accident
- Breaches – what areas did each driver fail to perform his or her duty as a driver
- Causation – how did the breach of duty related to the actual damages that occurred
- Damages – did physical damage occur in the accident and to what extent
These four criteria make up the liability or negligence factor. Generally insurance adjustors also have a formula they use for damages which includes pain and suffering as well as the physical injury and damages to property.
Compensation Rights
Unless you were solely found to be at fault for the accident you have some option for compensation rights in most states. This does depend on the insurance laws in the location in which the accident occurs so knowing the rights for that area is essential. The issues you can claim compensation for in a vehicle accident include:
- Medical expenses
- Property and personal damage
- Hospitalization
- Treatment costs for ongoing future medical issues related to the accident
- Loss of wages
- Pain and suffering
Legal Representation
Fighting auto insurance claims can be a difficult process and one that requires experience and knowledge of how insurance companies work as well as the law. An attorney can be a great asset in these cases and typically the only way to get appropriate representation with the insurance company. The attorney can also provide information on your rights, the claims you can make, and the evidence that needs to be available to fight the claim and win the settlement you deserve.
