Answer: The rule of thumb is that the more serious the accident the more important it is to retain the service of an attorney. However, even if you are in a minor accident and have what appears to be minor injuries or property damage, you should consult with a Clearwater accident lawyer to ensure that your legal rights are protected. Many times, injuries may intensify and manifest themselves in the few days following an accident, and even accidents resulting in little to no visible vehicle damage, can result in permanent injury to the occupant of the vehicle. Because of the complexities of our laws and statutes which apply to motor vehicle accidents, retaining an experienced Clearwater personal injury attorney to handle your case is the wisest and safest thing to do.
Question: What is the most common auto accident injury?
Answer: The most common auto accident injury is whiplash. The reason for this is that the most common type of auto accident is a rear end collision. The really interesting thing about a rear end collision is that the amount of damage to the car’s bumper has almost no relationship to the force that whipped through the cervical spine (neck) of the driver or passengers. Studies have shown that whiplash can occur at vehicle collision speeds of less than 5 miles per hour.
Question: Can I Negotiate a Settlement with a Car Insurance Company by myself?
Answer: If you try to settle your own personal injury auto accident case without a lawyer, you may decrease the overall value of your settlement. An experienced Clearwater accident attorney will have experience negotiating with insurance adjusters, as well as the necessary knowledge and skill to evaluate your case and determine the estimated value of your case, based upon many factors, including but not limited to: your age and life expectancy, the injury diagnosis as a result of the accident, the past and future medical expenses related to the accident and your injuries, past and future loss of income or ability to earn a living, etc.
Question: What type of compensation am I entitled to?
Answer: You are entitled to recover every single penny of your losses that are due to the accident. These can include the following:
- Medical expenses, past and future
- Pharmaceutical bills
- Loss of income from work
- Pain and suffering
- Future lost income
- The embarrassment of scaring or disfigurements.
However, if the person who caused the accident has no insurance, and you have a serious injury, the amount of compensation you receive will be based on the ability of the wrongdoer to pay. Typically, people who drive without insurance have little available in terms of money or assets. This is why it is important for you to have underinsured motorist coverage on your auto policy to protect you in the event the negligent party has no insurance or minimal liability insurance limits.
Question: What is the difference between a claim and a lawsuit?
Answer: A claim is simply the term that is used to refer to the file that an insurance company has opened once you have (or your Clearwater accident attorney has) have placed the insurance company on notice that you were involved in an accident and are pursuing compensation for your injuries or damage to your property. A lawsuit is the prosecution of that claim in a court of law. The lawsuit starts when your Clearwater accident attorney files a formal document, called a “complaint” against the negligent party in the courthouse. This usually occurs when the insurance company denies your claim or refuses to compensate you for your injuries and damage in an amount that is reasonable and appropriate.
Sue McCrossin is a freelance writer working with Roman and Roman Law to inform Florida residents in the Tampa and Clearwater areas about the role a personal injury attorney Tampa can play in auto accident cases. To learn more about personal injury lawyer Tampa visit our website.
Leave a Reply