10 Things To Claim After A Car Accident

Car Accident Lawyer

As a car accident lawyer knows, car accidents are often unexpected, and when they happen, they can be incredibly overwhelming as they can leave the victim to face emotional trauma, physical injuries, and financial losses. Most people know the usual claims, such as medical expenses and vehicle repairs. However, many need to be informed of additional compensation they may be entitled to. Our team from Blitz Law Group, LLP will share ten common legal damages that a victim may be able to seek compensation for after a car accident. 

#1. Diminished Value

After a car accident, the value of a vehicle will decrease after an accident, even if the property is repairable. This is known as “diminished value,” which allows the victim to claim this difference in value from the at-fault driver’s insurance company. 

#2. Rental Car Costs

Victims will need to rent a vehicle without a vehicle to drive while it is being repaired. While the car is being repaired, victims will need to continue their daily routine, and renting a car will be necessary. 

You can claim the rental car expenses from the at-fault driver’s insurance company, provided they are deemed reasonable.

#3. Lost Wages

Car accidents can leave you temporarily or permanently unable to work, resulting in lost wages. You can claim the income you would have earned when you were unable to work due to injuries sustained in the accident.

#4. Loss of Earning Capacity

If the injuries from a car accident result in long-term or permanent disability, a victim’s ability to earn an income may be permanently impacted. In such cases, you can claim for the loss of earning capacity – the difference between what you could have earned before the accident and what you can earn now.

#5. Child Care Costs

After an accident, injuries may require you to seek help with childcare responsibilities. Victims can claim the reasonable costs of childcare services if they cannot perform these duties themselves due to injuries sustained in the accident.

#6. Home Modifications

Car accident injuries may necessitate home modifications, such as ramps, widened doorways, or accessible bathroom facilities. You can claim the costs of these modifications as part of your compensation.

#7. Mobility Equipment

Occasionally, accident victims may need mobility equipment like wheelchairs or walkers to navigate their day-to-day life. Victims can claim the cost of this equipment if it is necessary for their mobility following the accident.

#8. Mental Health Counseling

Car accidents can result in emotional distress, leading to conditions like post-traumatic stress disorder (PTSD) or depression. Mental health therapy may be needed to treat these conditions after an accident, and the expense of the losses can be claimed. 

#9. Out-of-Pocket Expenses

Victims may incur various out-of-pocket expenses due to a car accident, such as over-the-counter medication, transportation to medical appointments, or parking fees at medical facilities. You can claim these expenses as long as they are reasonable and directly related to the accident.

#10. Loss of Consortium

In cases of severe injury or death, the victim’s spouse may claim for loss of consortium – the loss of companionship, emotional support, and intimacy resulting from the accident.

After an accident, managing injuries and dealing with financial losses can be incredibly stressful, and at times, the consequences are far-reaching. Being aware of the lesser-known compensation options can help alleviate some of the financial burdens of recovery. If you’ve been in a car accident, it’s essential to consult with a qualified lawyer to ensure you receive the compensation you deserve for your specific circumstances.

Common Causes Of Wrongful Death

Wrongful Death Lawyer

Wrongful death refers to a tragic occurrence in which a person’s life is cut short due to someone else’s negligence or intentional actions. It is a devastating event that leaves families devastated and searching for answers. While each case is unique, there are common causes that lead to wrongful death incidents. Understanding these causes is critical in addressing the issue and seeking justice for the victims and their loved ones.

One major cause of wrongful death is medical malpractice. Medical professionals are entrusted with the lives of their patients, and any negligence or error can have severe consequences. Misdiagnosis, surgical errors, medication mistakes, and failure to provide appropriate care can all lead to fatal outcomes. In some instances, lack of communication or inadequate training within healthcare systems can contribute to these tragic events.

Another cause of wrongful death is workplace accidents. In hazardous industries such as construction, manufacturing, or transportation, negligence or safety violations can result in fatal incidents. Employers have a responsibility to ensure the safety of their workers by implementing proper training, maintaining equipment, and adhering to safety regulations. Failure to do so can lead to fatal accidents that could have been prevented.

A wrongful death lawyer also deals with car accidents. Reckless driving, driving under the influence of alcohol or drugs, distracted driving, and speeding are all factors that can contribute to fatal crashes. In many cases, negligence on the part of one or more drivers is the primary cause of the accident, resulting in the loss of innocent lives.

Product liability is another cause of wrongful death that the legal professionals at Wandres Law, PC know about. Defective products, whether it be a faulty vehicle component, a dangerous pharmaceutical drug, or a malfunctioning household item, can lead to fatal accidents. Manufacturers and distributors have a responsibility to ensure the safety of their products and warn consumers of any potential risks. Failure to meet these standards can result in tragic outcomes.

Criminal activities, such as assault, homicide, or manslaughter, are also causes of wrongful death. Acts of violence committed by individuals with malicious intent can have devastating consequences. These cases often involve legal proceedings to hold the responsible parties accountable and seek justice for the victims and their families.

In certain cases, governmental or institutional negligence can contribute to wrongful death. For example, failure to maintain public infrastructure like bridges, roads, or buildings can result in fatal accidents. Similarly, inadequate safety measures in public spaces or institutions, such as schools or hospitals, can lead to tragic outcomes.

Wrongful death can stem from a variety of causes, each with its unique circumstances. Medical malpractice, workplace accidents, car accidents, product liability, criminal activities, and governmental or institutional negligence are among the common causes. Identifying these causes and holding the responsible parties accountable is crucial for preventing future incidents and ensuring justice for the victims and their families.

How to Deal with Common Driving Emergencies?

Personal Injury Lawyer

Driving emergencies can be stressful, and it can lead to dangerous situations. It’s essential to know how to deal with them calmly and safely. Two of the most common driving emergencies are flat tires and dead batteries. Here are the things you can do to deal with these situations according to a personal injury lawyer with our friends at SL Chapman Trial Lawyers:

 

Flat Tire 

Pull Over: 

As soon as you notice that you have a flat tire, don’t panic. Make sure to pull over to the side of the road or the nearest safe spot. Try to find a flat and a level area to park your car. Ensure you put on your hazard lights to let other drivers know you have a problem.

Assess the Damage: 

Once you’ve pulled over, check the tire to see if you can repair or replace it. You can restore the tire with a sealant kit if there is a small puncture. If the damage is more severe, you must replace the tire.

Replace the Tire: 

If you need to replace the tire:

  1. Remove the hubcap and loosen the nuts with a wrench.
  2. Use a jack to lift the car off the ground, then remove the lug nuts completely. 3. Remove the flat tire and then replace it.
  3. Tighten the lug nuts, but not too tightly.
  4. Lower the car to the ground and tighten the lug nuts securely.

Drive to a Mechanic: 

After replacing the tire, it’s essential to drive to a mechanic to have the damaged tire repaired or replaced with a new one. The spare tire is not for the long term, so get it changed soon.

 

Dead Battery 

Try Jump-Starting the Battery: 

If you have jumper cables and a second car available, you can try jump-starting the battery. Connect the cables to both positive and negative battery terminals in the correct order. Start the car and let it be ON for a few minutes.

Call for Roadside Assistance: 

Call for roadside help if there is unavailability for a second car or if jump-starting the battery isn’t working. Many auto clubs, insurance companies, and other organizations offer roadside assistance services. They can come to your location and jump-start your car or tow it to a repair shop.

Check for Corrosion: 

If you have a multimeter or voltmeter, you can check the battery’s voltage to see if it’s dead. If the voltage is low, check the battery terminals for corrosion. Corrosion can prevent the battery from charging. Clean the terminals using a baking soda solution. You may need to remove the battery to clean the terminals thoroughly.

Replace the Battery: 

Replacing the battery if it has worn out or damaged is necessary. You can buy a new battery from an auto parts store or have a mechanic install one.

You can stay calm and safe if you follow these steps to deal with driving emergencies. Remember to pull over to a safe spot, assess the damage, and take the necessary steps to repair or replace the damaged parts. If you cannot handle the situation alone, don’t hesitate to call for help. Stay safe on the road. If you do get into an accident, contact a lawyer near you immediately for help.

4 Causes of Personal Injury Accident

Injury Lawyer

Personal injury accidents can occur in various settings and result in physical, emotional, and financial hardships for the victims. Understanding the common causes of these accidents is essential in raising awareness, promoting prevention, and ensuring appropriate legal recourse. Lawyers recognize that there are many types of causes which can result in personal injury accidents. 

Slip and Fall Accidents

One of the most common categories of personal injury accidents are known as slip and fall accidents. They can occur in various locations, including sidewalks, workplaces, stores, and private properties. Factors contributing to slip and fall accidents include wet or uneven surfaces, inadequate lighting, loose carpets, or lack of warning signs. These accidents can lead to broken bones, sprains, head injuries, and other severe consequences. Property owners have a duty to maintain safe premises, and when they fail to do so, they may be held responsible for the injuries sustained.

Motor Vehicle Accidents

There are a large percentage of personal injury accidents that involve motor vehicles. Factors contributing to these accidents include distracted driving, speeding, drunk driving, reckless behavior, and poor road conditions. Motor vehicle accidents can result in a wide range of injuries, including whiplash, broken bones, spinal cord injuries, traumatic brain injuries, and more. Determining liability in these cases often involves analyzing the actions of the drivers involved, as well as potential vehicle defects or roadway hazards.

Workplace Accidents

Every type of workplace environment is vulnerable to accidents, as an injury lawyer like one from Davis, Johnson & Kallal knows. Common causes of workplace accidents include inadequate safety measures, lack of proper training, equipment malfunctions, and hazardous working conditions. These accidents can result in a range of injuries, such as falls, burns, electrocutions, repetitive strain injuries, and exposure to harmful substances. Employers have a legal obligation to provide a safe working environment, and when they fail to do so, injured workers may be entitled to compensation through workers’ compensation claims or personal injury lawsuits.

Medical Malpractice

When medical professionals do not provide adequate level of care, a medical p=malpractice claim can be filed by victims who suffer an injury or illness. Common examples include surgical errors, misdiagnosis, medication errors, birth injuries, and anesthesia mistakes. Medical malpractice cases are often complex and require expert testimony to establish the standard of care that was expected and how it was breached. Victims of medical malpractice may suffer from severe physical and emotional injuries, and they have the right to seek compensation for their damages.

Personal injury accidents can have a significant impact on individuals’ lives, causing physical pain, emotional distress, and financial burden. By understanding the common causes of these accidents, individuals can take proactive measures to prevent them and hold responsible parties accountable when negligence occurs. Whether it is slip and fall accidents, motor vehicle accidents, workplace accidents, or medical malpractice, recognizing the potential risks associated with these causes can help individuals prioritize safety and seek appropriate legal remedies in case of injury. If you have recently been in a personal injury accident and would like to learn about possible damages that you can recover, do not wait to contact a lawyer right away and learn about your case.

Personal Injury Facts

Personal Injury Lawyer

If you or a loved one has suffered a personal injury finding the right legal representation is crucial. Dealing with the aftermath of an accident can be overwhelming, especially when you’re faced with medical bills, lost wages, and physical and emotional pain. That’s where a personal injury lawyer can help you navigate the complex legal process and fight for the justice and compensation you deserve.

A personal injury lawyer specializes in representing individuals who have been injured due to the negligence or wrongdoing of others. They have in-depth knowledge of personal injury laws and experience handling various types of cases, including car accidents, slip and falls, medical malpractice, workplace accidents, and more. When you hire a personal injury lawyer, they become your advocate, working tirelessly to protect your rights and interests.

One of the primary roles of a personal injury lawyer is to investigate your case thoroughly. They will gather evidence, interview witnesses, review medical records, and consult with experts if necessary to establish liability. This process is crucial in building a strong case that demonstrates the other party’s negligence and the extent of your injuries.

Once liability is established, your personal injury lawyer will help you pursue compensation for your damages. This can include medical expenses, lost wages, pain and suffering, emotional distress, and other related costs. They will negotiate with insurance companies on your behalf and, if necessary, take your case to court to ensure you receive fair and just compensation.

The right personal injury lawyer

Choosing the right personal injury lawyer is essential for the success of your case. Look for an attorney such as those at Presser Law, P.A. with a track record of success in personal injury law, preferably with experience handling cases similar to yours. They should have excellent communication skills, be compassionate and empathetic, and be dedicated to fighting for their client’s rights.

When you meet with a personal injury lawyer for an initial consultation, be prepared to discuss the details of your case openly and honestly. This information will help the lawyer assess the merits of your case and provide you with an understanding of your legal options. During this consultation, ask about their experience, success rate, fees, and any other concerns you may have.

In addition to their legal expertise, a personal injury lawyer should also prioritize your well-being. They should understand the physical and emotional toll that a personal injury can take on you and your family. They should be there to provide support, guidance, and reassurance throughout the entire legal process, ensuring that you feel heard and understood.

If you have suffered a personal injury, enlisting the services of a personal injury lawyer is crucial. They will work tirelessly to investigate your case, establish liability, and fight for the compensation you deserve. By hiring a skilled and compassionate personal injury lawyer, you can focus on your recovery while knowing that your legal rights are being protected. Remember, justice is within your reach, and a personal injury lawyer will be there to help you every step of the way.

 

Should I Hire A Lawyer, Or Let The Insurance Handle It?

Personal Injury Lawyer

Luckily, not every automobile wreck involves personal injury to people. A skilled accident attorney can nevertheless often offer skilled insight on options as a personal injury lawyer that works with Attorney Eric T. Kirk well knows. In some instances, a negligently operated car strikes and damages an unattended car. In other instances, a negligently operated car strikes and damages an occupied car, but does so in such a manner so as not to injure the occupants, or not injure them seriously enough to warrant medical attention. Property damage may ensue, but no injury to innocent occupants. 

Post-Accident Considerations

In these instances, the expense, frustration, and delay occasioned by the repair of the damaged vehicle may well be the most taxing portion of a claim which does not involve personal injury to the drivers or the occupants of the involved vehicles.  If all parties are operating fully insured vehicles at the moment of the loss, the person deemed or found to have not been responsible for causing the accident has an option presented to them with respect to having their vehicle repaired. 

Advantages & Disadvantages

They may choose to utilize their own insurance company to fix their vehicle. There is an initial hesitancy on the part of many people to utilize their own insurance for fear of increased premiums -subsequently. The benefits to using one’s own insurance company when repairing one’s own car lies in that it is your insurance company not someone else’s. Under general principles an insurance company owes its insured person a fiduciary, quasi-fiduciary responsibility or duty of fair dealing, to ensure that insurance benefits are properly and promptly delivered.

Using Your Own Insurance for Repairs

Generally, a person relying on their own insurance company to fix their damaged vehicle should typically anticipate a prompt repair. The downside, or drawback if you will, of using one’s insurance company to repair the damage, lies in the certainty that the insured person typically will have to pay an out-of-pocket deductible- unless waived by their insurance company. The good news in this respect is that generally, an insurance company will ask for, and in many instances is able to get that insurance deductible back from the at-fault insurance company when they receive their payment through inter-company arbitration. 

Pitfalls of At-Fault Party Insurance

The potential pitfalls of using the at-fault parties insurance company to repair one’s vehicle after an accident is that the insurance company on the other side might not agree that their insured was at fault. Indeed, that insurance company might take significant time to investigate who was at fault and might not treat the repair of your vehicle with the priority that you would expect. The upside of course is that there is no deductible to be paid upfront in these situations. The trade-off is the potential for delay at a time when many impacted individuals do not want to, or cannot afford, delay. 

If you need to file a claim with your insurance company, contact a lawyer near you for help to ensure that your claim is accepted and your compensation dispensed quickly.