Motor vehicle and motor vehicle accidents _ which can involve collisions between cars, motorcycles, trucks, buses or trains – represent most Maryland DUI claims. Litigation for car accidents are the law of negligence, which states that a person must exercise “reasonable care under the circumstances.” If you declare that a person is negligent, you may be required to pay the personal or property damage in connection with the negligent act. The applicant, or the injured party must prove that the defendant was negligent and also the direct cause of the accident and the injury.
In simple cases of car accidents, the insurance company of the responsible party to the injured party compensation for financial losses. In other cases, the police, investigators from the insurance companies and the courts involved. For example, driving while intoxicated can result in civil and criminal charges.
WHAT TO DO AFTER AN ACCIDENT
From the legal point of view, when you suffer a car accident, it is important to seek proper medical care as soon as possible. This is necessary not only for the health of the injured person; it also serves as evidence in case a dispute arises with the insurance company of the negligent party in relation to the severity of the injury. Insurance companies doubt the people who take weeks, or even days to see a doctor after a car accident. A doctor diagnosed the injury immediately and record medical information in detail. Surely, in case of dispute, the insurance company will want to see this information.
Another important aspect, from the legal point of view, is to get the names, addresses and phone numbers of witnesses. Witnesses are an invaluable resource in the event of a dispute regarding the facts of the accident.
Where possible, the injured party must obtain information about the other party (name, address, telephone number, driver’s license and insurance information) and call the police to come to the accident site. In most police departments require officers to write a report after the initial investigation. The injured person should also write down what happened as soon as possible after the accident. Otherwise, you may forget the details and therefore lose the opportunity to receive adequate compensation.
Photographs should be the place of the accident and the damage to the vehicle and the injured person to prove to the insurance company the severity of the injury.
By law, all persons are entitled to compensation for injuries caused by another person. There are two possible sources of compensation: the guilty person or the insurance company of that person. Generally, if the person is guilty, the insurance company pays the full amount or much of it.
In principle, if there is a dispute over liability, an insurance company makes an offer after the injured person has received the necessary attention following the accident (such as medical care and vehicle repair). If the injured party accepts the offer, the case is closed.
However, if there is a dispute over liability or injured party believes that the offer made by the insurance company is not enough, a lawyer with experience in personal injury law can ensure that your client receives adequate compensation. The lawyer has no obligation to the other party or with the insurance company. Your only obligation is to the client.
When the injured party accepts payment from an insurance company, that person waives all rights to initiate a new lawsuit regarding the accident. This is particularly problematic for victims of personal injury with online payment, sign the waiver and later begin to experience symptoms related to the accident. However, a lawyer may require the insurance company to pay current and future medical expenses.
That is why the participation of an attorney can be invaluable in a personal injury case. In principle, any insurance company should resolve cases quickly and easily. Consequently, companies generally make less than the compensation the victim should receive offer, and hope that it will accept the money and waive any right to future demands. Thus, ensure that the injured person does not file suit. A lawyer can be imposed on the insurance company through negotiations with the insurance adjuster and threats to sue the company if the offer is not satisfactory.
Also, if the injured party is represented by an attorney, the insurance company should talk only with it. This will give comfort to the injured party, especially at a time that may be in a state of uncertainty.
A car accident case can be subjected to the rules of negligence or product liability. A person is considered negligent if not applicable with reasonable care under the circumstances at the time of the accident. Some common reasons of negligence in a car accident are driving speeding, changing lanes unsafely; ignore a stop sign or a red light and driving without regard to weather conditions.
If you declare that a person is negligent, it is possible (or insurance company) is obliged to pay compensation for a number of damages to the injured party, such as property damage, medical expenses, lost wages, pain and suffering and mental anguish. Lawyers who specialize in auto accident cases determine what the damages for which recovery can be obtained are.
State law product liability provides that the manufacturer or seller of a product is responsible for the costs incurred by the use defective product injuries. Examples of product liability cases in automobile accidents are the airbags failing to inflate, the seat belts do not lock properly and tires that wear out prematurely.
A person who is injured in a car accident can not only initiate a malpractice claim against the other party, but also a product liability against the manufacturer of the car. A lawyer who specializes in cases of vehicle defects understands this complex area of law.
A very important question after an accident is the statute of limitations, i.e., the time that the injured party has to sue. In most cases of injury, the time is two to three years. Check the laws in your state to determine the exact period allowed for filing a lawsuit.
Car accidents, even minor ones, can be traumatic. Medical and legal advices are essential both to recover and to obtain adequate compensation.