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What Damages are Awarded? What Damages are Awarded?

Do I Have to Report the Car Accident?

It happens when you least expect it. You may be driving to or from work. You may be coming home from the grocery store. You may be on a trip of some kind, and it happens. You have a car accident.

Reporting an accident

If there is minor damage to your car and no apparent injuries, an important question that you may have is, “Do I have to report the car accident?” Another question is, “If I report the car accident, what is it going to do to my car insurance premium? How much will it cause it to go up?”

There is not a simple answer to the question, “Do I have to report the car accident?” This is because there are several things to take into consideration that will determine the answer to this question.

Is your car accident a one car accident? Was no other car involved in the accident? If so, and there was no damage done to any public or private property, you do not have to report the accident to the police.

Let your insurance company know

However, you should report the accident to your insurance company. This is true even if you are planning on not filing an insurance claim and handling the repair costs yourself.

The reason for this is because an accident, no matter how slight, can damage the value of your car and your car insurance policy needs to be adjusted in accordance with this. Also, if your insurance company finds out about your car accident, and you did not report it; they can cancel your policy.

Another important question is, “Did your car accident involve another car?” In this case, if there are no apparent injuries or public or private property damage, you do not have to report the car accident to the police. However, you should file a state vehicle accident report, which you can get at a police station or you may find on the Department of Motor Vehicles website. This report may help the insurance companies accelerate the claims process.

When another car is involved

When the car accident involves another car and the other driver believes that he is to blame for the accident, he may offer to pay the damages to your car to keep from involving an insurance company. This can be dangerous.

When you present the other driver with the repair bill, he may decide it is too high and refuse to pay it. At this point, time has passed since the car accident, and your insurance company may have trouble getting evidence related to the car accident if you decide to file a claim.

You also do not know if the other driver will have a change of heart and decide to report the accident to his insurance company. He may have now come to believe that the car accident was your fault. He may now say that he has injuries he did not realize that he had at the time of the accident. Your insurance company may wind up paying him a large settlement. You could even have a lawsuit filed against you.

If you were involved in a car accident and did not report it, you may need the help and advice of a personal injury lawyer. The personal injury lawyers here will be on your side and fight for you.

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Filed under: Accidents,Traffic Accidents — Tags: , , — james @ 1:02 pm

What if a Car Accident is My Fault

car accident can be a traumatic, devastating and upsetting experience. It does not matter whether injuries are superficial or severe or whether property damage is small or great. A car accident is something that you may relive over and over again. In fact, a car accident can turn out to be like a nightmare.

You may not feel quite as badly if you believe that the car accident is the other driver’s fault. You may think that you did all that you could to prevent the accident from occurring. If there were no serious injuries and damage to your car is minimal, you may feel like you have nothing to worry about. You may believe that everything will be fine.

Things you may worry about

On the other hand, if you believe that the car accident is your fault, you may think that you have a great deal to worry about, especially if the other driver‘s injuries are serious and damage to his vehicle and/or yours is extensive. You may worry about your car insurance premiums being raised because of the car accident. You may wonder if your insurance company will cover all of the injuries and damages.

You may also wonder, “Should I admit that it was my fault to the other driver? Should I tell the police that the car accident was my fault when they arrive at the scene?”

Never admit fault

You should never admit to fault or volunteer any information about who was at fault to the police or anyone else for the car accident. This is not because you are attempting to cover up or get away with something that is your fault.

When a car accident takes place, you may be dazed, confused, injured or upset. You will not have had time to think about how the accident occurred. You may believe that the car accident is your fault.

However, you are not the one who determines fault in a car accident. It is the police and insurance companies who decide who is at fault for the car accident. They are the ones who know the law and make this determination. It may turn out that the other driver is as much or more at fault than you are.

Stick to the facts

By all means, you should cooperate with the police. However, you should be careful to stick to the facts. This is not the time to volunteer information or to admit fault to the police or anyone else.

If it turns out that you are held at fault for the car accident and injuries to the other driver and/or any passengers in their car are serious, you are probably going to need the services of a personal injury lawyer. You are going to need a personal injury lawyer who will stand up for you and make sure that your rights are protected.

The lawyers here will be behind you all the way. The lawyers here will show you genuine concern and provide you with professional guidance every step of the way. These lawyers are on your side, and they will do all that they can to see that your best interests are served.

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Filed under: Personal Injury,Traffic Accidents — Tags: , , — james @ 12:11 pm

Involved in a Car Accident Where You Failed to Stop

Sadly, car accidents happen every day in the United States. Even when they are minor and cause little if any damage and no apparent injuries, you may replay the accident in your mind again and again.

A car accident that you are involved in can be a disconcerting event. A car accident can leave you shaken, not thinking clearly, acting irrationally and/or not knowing what to do.

Failing to stop

You may have been involved in a car accident and failed to stop. The stress and shock of the car accident may have resulted in you not thinking clearly. You may have failed to stop because you thought no one was hurt and neither car was damaged. You may have failed to stop because you did not realize that the law says you must stop after a car accident that you are involved in.

Now, you realize that you should have stopped. You wonder what you may face. What laws have you broken? What is going to happen now? What is next?

The laws in regard to having failed to stop after being involved in a car accident vary from state to state. What you face and what you could be charged with also varies from state to state. However, in most cases, it depends on the extent of property damage and how serious the injuries are that result from the car accident.

Facing charges

Even if the car accident was not your fault and the accident was minor, you could leave yourself open to criminal prosecution. You could face charges of failure to stop, failure to report the accident, a traffic ticket and/or a misdemeanor.

If a car accident where you failed to stop is determined to be your fault, you face even more serious charges. This is especially true if the other driver was seriously injured and/or their vehicle was damaged extensively. In this event, you could face criminal felony charges for what may be called “hit and run”.

Your car insurance company

Another important thing to consider is that your car insurance company will learn about the car accident. They will also find out about any criminal charges that are made against you in regard to the car accident. This will probably result in your car insurance rates being raised. Your car insurance company may even cancel your insurance.

Being involved in a car accident and failing to stop is a serious matter that can result in severe criminal charges being made against you. You are going to need a personal injury lawyer on your side. You need a personal injury lawyer who will be fighting for you.

A personal injury lawyer may be able to get the charges against you reduced from a felony to a misdemeanor. A personal injury lawyer will work just for you and your best interests.

You may have many questions that you need to ask. You may want and need someone who will listen to your side of how things happened. You need someone who will give you the best representation and fight to make sure that your rights are protected. A personal injury lawyer is who you need. They are the ones to turn to in your time of need.

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Filed under: Personal Injury,Traffic Accidents — Tags: , , — james @ 10:57 am

Involved in a Car Accident in Another State

Being involved in a car accident is not a pleasurable experience. This is especially true if you are involved in a car accident in another state.

You may be on what you are planning and hoping to be a great vacation. Or, you may be driving to another state on business of some kind. Whether it is business or pleasure, the unthinkable happens. You are involved in a car accident in another state.

What do you do now?

To begin with, being involved in a car accident in another state is like a car accident in your own state in some ways. For example, the first thing that you need to do is to check and see if anyone in your car or the other car has been injured and is in need of medical help. If so, you need to call or have somebody else call for an ambulance.

Once you are certain that medical concerns have been taken care of, you need to start gathering information concerning the car accident that you have been involved in. This may involve several things, such as insurance information, name, phone number and address of the other driver and the make, model and license plate number of their car.

It is also important to get the badge numbers and names of any police officers who come to the scene of the accident, as well as getting the names and phone numbers of any witnesses to the car accident. It will also help if you can draw a diagram of how the accident took place.

Who is at fault

The next thing that you will probably be concerned about is who was at fault for the car accident. Even if you believe the car accident was your fault, you should never admit fault. It is the responsibility of the police and the insurance companies to decide who was at fault. This is true whether you are involved in a car accident in your home state or another state.

There are some issues that you will face because the car accident occurred in another state, especially if it is determined that you were not at fault for the car accident. For example, if you plan on filing a claim, you may have to do so in accordance with the laws of the state where the accident took place, as to how and when you can file a claim.

Time limits

There are also time limits that are known as “statute of limitations” for filing a claim. Most states allow you one year from the time the car accident occurs to file a claim. However, this can be different for various kinds of personal claims and some states may only give you a short time period in which to file a claim.

In certain situations, you may be able to instigate a lawsuit in Federal Court in your home state. However, in some instances it may be better to bring the suit in the state in which the car accident happened.

There are several other questions that you may have in regard to a car accident that you were involved in that took place in another state. The attorneys at this site will answer your questions and provide you with the guidance and advice that you need when you have been involved in a car accident in another state.

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Filed under: Personal Injury,Traffic Accidents — Tags: , , — james @ 9:54 am

Are Parents Responsible for Car Accidents Caused by Minors

It is a proud and exciting thing for a parent when their child becomes old enough and learns to drive a car. It is also something that probably brings a measure of concern, worry and fear because of how many teenagers are injured and killed in car accidents.

Your child who is a minor was responsible for a car accident. The question you may have is, “Are parents responsible for car accidents caused by minors?” Are you going to be held liable for car accidents that are caused by your child.

No short answer

There is no short answer that works for all situations in all 50 states in the United States. Each state has its own laws in regard to the responsibility of parents for a car accident that was caused by their child who is a minor.

If your child who is a minor is involved in a car accident where they are not at fault, you are not held accountable for the accident. The other driver was the one who was at fault for the accident.

As a parent, you are not automatically responsible for an accident that was caused by your minor child. However, there are some things that will cause you to be held responsible and accountable if they are true.

Family purposes

If your child was driving the car for what is known as “family purposes” and causes an accident, you may be held responsible for the accident. This might involve something like your child driving to the grocery store to get groceries for the family or driving to a drugstore to get medication for the family.

You should also know that “family purposes” can simply mean who owns the car that your child was driving when they caused the car accident. If the car is in your name and you are paying for the car, this equates to your minor child driving the car for “family purposes”.

You may be held accountable for the car accident caused by your minor child if you know that your minor child has acted recklessly and irresponsibly on an habitual basis when driving a car. Or, you may be held responsible if you allowed your child to drive the car even though you knew that your child did not have the proper skills that are needed to do so.

If it is determined that you as a parent are responsible for a car accident that is caused by your minor child who was driving, you surely want to know what you are going to be responsible for. You will be held accountable for any injuries or property damage that result from car accidents that are caused by your child.

Questions about your responsibility

You may have questions that you need answered concerning your responsibility as a parent for a car accident that was caused by your minor child. The attorneys here at http://www.personalinjuryplace.com are the ones who can answer the questions that you may have. If your minor child caused a car accident, you should not delay in contacting the attorneys here at http://www.personalinjuryplace.com. They are capable of making a case for how much or how little liability that you as a parent should be held responsible for.

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Filed under: Personal Injury,Traffic Accidents — Tags: , , — james @ 6:33 pm

Rental Car After my Car Accident

If you have had a car accident, there are several questions that you may have. You may want to know things like should I call the police, should I call 911, should I call my insurance company and should I get the drivers license and insurance information if there is another driver involved in the accident.

The answer to all of these questions is “Yes”. You should do all of these things.

Do Not Admit Fault for the Car Accident

One important thing that you should never do after a car accident is to ever admit that you were at fault. The reason for this is for your protection in the event that your understanding of who was at fault for the accident or your memory of how the accident happened is wrong.

It is the task of the insurance companies and the police to determine who was at fault for the car accident. They are the ones who know the law. It is not your job or responsibility to determine who was at fault for the car accident.

Your car may have been badly damaged in the accident or be in need of repair. If your car is not drivable or while you are waiting for it to be repaired, you may need a car to get to work, as well as for other needs.

Getting a Rental Car after a Car Accident

“Can I get a rental car after my car accident?” is one of the important questions that you may have. The answer to this question depends on certain things.

Were you involved in a one car accident? If you damaged your car, an appraiser checks your car to find out if it is worth repairing. If your car is not worth repairing, you will be given its current value, and you will not be given a rental car. However, if your car is worth repairing and you have rental coverage for your car with your car insurance company, you can get a rental car until your car is repaired.

In the event that your car accident involved another car and driver, getting a rental car still works in a way that is similar to a one car accident. If your car is not worth repairing, you will be given the current value of your car. Just as above, you will not get a rental car. If your car is worth repairing, you can get a rental car if you have rental car coverage.

Who Pays for the Rental Car after a Car Accident?

One of the questions you may have is, “Will I have to pay for that rental car?” If you are determined to be at fault for the accident, your car insurance company will pay for the rental car. If the other driver is found to be at fault, their insurance company will pay for your rental car. Again, this is only true if rental car coverage is one of the provisions of your car insurance.

If neither insurance company issues you a rental car, you can pay for a rental car yourself. Then, you can put in a claim for reimbursement of your rental car expenses later on.

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Filed under: Personal Injury,Traffic Accidents — Tags: , , — james @ 5:18 pm

Car accident and Insurance Company

If you have been in a car accident that was not your fault and you sustained injuries in the car accident one of the first things that the other driver’sinsurance companywill probably ask you to do after the car accident is to make a recorded statement. This may seem okay, but is it a good idea?

Before making any type of recorded statement there are several things that you should know and understand. The reason why the other driver’s insurance company wants you to make a recorded statement is so they can undermine your car accident claim and have something to use against you. Their purpose is either to have your car accident claim denied or to limit the amount given as a personal injury settlement for your car accident claim.

Do not be fooled by insurance company adjusters and employees who seem to be so cordial, polite and friendly. They have been well-trained. They are not on your  side. They are working against you, not for you.

Insurance companies may try to put a lot of pressure on you to make a recorded statement. They may tell you things like the accident investigation cannot move forward  without your recorded statement.

This is not true. They get a car accident report from the police, they have their client’s recorded statement and they can get your verbal statement. These things are enough for them to decide who is at fault for the car accident.

Verbal Statement and Recorded Statement

You may say, “Isn’t a verbal statement the same thing as a recorded statement. The answer is, “No,” they are not the same. A verbal statement is not recorded. A recorded statement is much easier to use against you in court than a verbal statement.

Most car accident attorneys will advise you not to give a recorded statement to the other driver’s insurance company under any circumstances.  If for some reason you decide to make a recorded statement, you should always have your car accident attorney present, or you should tell the other insurance company that you will give a recorded statement to your own insurance company. Even then, you should be extremely careful in giving a recorded statement to your own insurance company when a copy of it will be given to the other insurance company. The other driver’s insurance company can still try to use this against you in court.

Your insurance company may tell you that you have to give them a recorded statement because there is a “duty to cooperate” clause in your insurance. However, while you are obligated to cooperate, in most policies that does not mean that you have to make a recorded statement.

Other questions you may following a car accident

You may have other questions about making a recorded statement and whether you should give one for the car accident in which you were injured and not at fault. If you have been injured in a car accident from the negligence of another driver, contact a car accident lawyer. Car accident lawyers can review your insurance policy and give you the best possible advice concerning a recorded statement, and they will help get you the best settlement that is possible for your car accident  injuries.



“Cash Cab” Hits and Kills Pedestrian

According to the Associated Press a pedestrian was hit and killed in Vancouver, Canada, Friday night after filming had finished for the television game show “Cash Cab.”  These types of pedestrian accidents are not that uncommon.

The unidentified 61 year-old man died after being struck by a “fake” taxi cab. The President of the show’s production company, Andrew Burnstein, said the producer of the show was driving the taxi back to a storage facility when the accident occurred.

“Cash Cab” is a broadcast on the Discovery Chanel in North America. The goal of the game show is to help contestants win money answering trivia questions as the replica yellow taxi takes people to their destination.

Personal Injury Claims after a Car Accident

Car accidents kill close to 40,000 people every year in the United States (according to the National Highway Traffic and Safety Association (NHTSA)), and unfortunately, they are the leading cause of death for individuals 2 to 34 years old. Car accidents also cost insurance companies billions of dollars each year.

Personal injuries from a car accident may be caused by the illegal or negligent actions of another driver. Whether you are injured as a pedestrian or you were driving a motorcycle, bicycle or car, if your accident was caused by the negligent actions of another driver and you have suffered loss, you may be able to file a personal injury after your car accident and win compensation.

Common Car Accident Injuries

What are the most common types of car accident injuries? It not unusual for the injured to suffer from any of the following: knee damage, head trauma, neck injury, back injuries, spinal cord injuries or whiplash.

The most important thing after a car accident is to seek medical attention. Document your car accident injuries. Take pictures. It is not uncommon for some injuries to manifest several hours or days after the car accident. Whip lash, one of the most common injuries, may not be noticeable right after the accident but several hours or days later.

Many states will only let you file a personal injury claim if your car accident injuries reach a certain dollar or a severity thresh hold. Talk to a car accident lawyer and find out your rights.

Hiring a Car accident Lawyer

Car accident lawyers can review the laws of your state and let you know if you have a personal injury claim. Most car accident claims will be negotiated with an insurance company, and car accident lawyers can make sure you get enough compensation for your injuries to pay for you pain and suffering, lost wages and medical bills.

Car accidents are frequently caused by hit and runs, driving while intoxicated, semi-trucks, uninsured motorists and dangerous construction sites. Do not settle with the insurance company before calculating the full cost of your car accident injuries.

Car accident lawyers understand accident and personal injury law. Whether you are filing an insurance claim or filing a car accident lawsuit, a car accident lawyer can help prove fault and collect the damages you need. Hiring a car accident lawyer for personal injuries caused by a car accident may become even more important for injuries which require hospitalization or which cause permanent and severe personal injury.



Eight Steps to take if you have caused a Car Accident

What should you do if you are in a car accident? What if the car accident is your fault? What if you are only partially to blame? If you are involved in a car accident it is time to take steps to protect yourself.

Several steps should be taken prior to operating a motorized vehicle such as checking your tires, brakes and lights to make sure your vehicle is safe to drive. But what about after an accident, what steps should you take immediately after the car accident?

Eight steps to take if you have caused a car accident:

1. Make sure that all parties in the accident are safe. If someone needs medical assistance, call 911. Do not move anyone who is injured unless they are in imminent danger.

2. Contact your insurance company immediately. If you are involved in a car accident or if you have been sued after a car accident, call your insurance company and find out if you liability coverage provides legal representation. If you do not have insurance you may need to hire a personal injury lawyer to review and defend your personal injury claim.

3. Whether you have caused the accident or not, take pictures of the accident scene. Photographs can be strong evidence which can be used to prove your innocence or to prove that the other driver is partially responsible for the car accident.

4. Gather information from all of the drivers involved in the accident including their name, phone numbers, license plate numbers and insurance information.

5. Gather witness names, phones numbers and statements.

6. Do not admit fault. You may think the accident was completely your fault, but you need to allow the courts to make the legal determination for fault.

7. Talk to your car accident lawyer to find out how your state determines compensation. In some states you may not have to pay compensation to another driver in a personal injury claim if you can prove that the other driver was partially at-fault for the accident. In other states the plaintiff may not be entitled to compensation if they are more than 50% or 51% responsible for the accident.

8. If the insurance company agrees to make a settlement offer and forego a personal injury trial, discuss the pros and cons of this option with your defense lawyer. Under some conditions, it may be wise to settle a claim and avoid the costs of going to court

Hiring a Personal Injury Lawyer

If you have insurance coverage you should be provided with a lawyer. Do not wait to get the help you need. Do not seek your own legal counsel without first finding out what the insurance company will do for you.

If you do not have car insurance or your coverage does not provide a personal injury lawyer, it may be time to find your own personal injury defense attorney. Personal injury defense lawyers are your advocate if a personal injury claim is filed against you. They will advise you of your rights and advocate for you. They will review the personal injury claim, monitor the process, respond to allegations and legal requests and review information and discovery from the plaintiff’s attorneys.



How Long Do I Have to File a Wrongful Death Lawsuit?

If you believe someone is at fault for your loved one’s death, either through the deliberate actions or negligence of an individual, organization or company, or through a faulty product or service, you may be considering filing a wrongful death lawsuit. Although your grief over your loss may seem overwhelming, it is important to act quickly to determine your state’s statute of limitations on wrongful death personal injury lawsuits. A wrongful death attorney can provide you with valuable assistance.

Statute of Limitations on Wrongful Death Lawsuits
The time limit from the date of the injury to the final date by which a lawsuit must be filed is called the statute of limitations. Regardless of how much evidence you have or how egregious the responsible party’s actions were in causing your loved one’s death, if you do not file within your state’s statute of limitations, you may lose your right to file. Some states permit as little as one year for the statute of limitations on wrongful death cases, while some allow as much as three years.

So, if your spouse was injured and killed in a traffic accident caused by faulty break pads that prevented the car from stopping, you may have as little as one year from the date of the fatal accident to file your wrongful death lawsuit.

Complications in Wrongful Death Lawsuits
Keep in mind that wrongful death lawsuits can be among the most complicated and legally challenging of all personal injury lawsuits.

  • Consider a situation in which the accident referenced above seriously injured your spouse but did not result in immediate death; you could file a lawsuit seeking a personal injury settlement. But, in this same situation, imagine that you do not file for a personal injury settlement in the eighteen months before your spouse dies from the injuries sustained in the accident. If your state only allows for a one-year statute of limitations on personal injury cases, you may have forfeited your right to file a wrongful death case. The personal injury statute of limitations would have run out before your spouse’s death occurred.
  • In the same accident scenario, if the brake pads were not faulty, but it turned out that the brakes were deliberately tampered with by an individual, you could bring a wrongful death suit against that person. But if the tampering evidence is not discovered until eighteen months after the accident, it is possible that your state’s statute of limitations may start on the day that tampering evidence is discovered. This is often called the “discovery” rule.
  • Wrongful death cases can be further complicated by jurisdictional issues. If your loved one lived in Texas, but died in a skiing accident in Colorado while wearing faulty skis manufactured by a company based in Wisconsin, which state’s wrongful death laws would apply to your situation? In which state would you file your suit?

Seek Assistance from a Wrongful Death Attorney
Due to the complications noted above in wrongful death law, as well as the emotional, mental and financial toll that losing a loved one can take, consider immediately contacting a Wrongful Death Lawyer in your area. Your state’s State Bar Association website can provide you with a list of attorneys in your area licensed to practice Personal Injury and Wrongful Death law.



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