What to Expect After a Car Accident
Auto Accidents, Personal InjuriesGetting into a car accident can be scary and confusing. You might feel shaken up and unsure about what to do next. This guide will help you understand what happens after a car crash and why talking to a car accident lawyer is important.
Medical Care Comes First
The most important thing after any car accident is taking care of your health. Even if you feel okay at first, some injuries don’t show up right away. It’s important to see a doctor as soon as possible after a crash. They can check for hidden problems and start treatment if needed.
Some common car accident injuries include:
- Whiplash: This happens when your neck jerks back and forth suddenly. It can cause pain and stiffness that gets worse over time.
- Back injuries: The impact of a crash can hurt your spine or the muscles in your back.
- Broken bones: The force of a collision can break arms, legs, ribs, or other bones.
- Head injuries: Hitting your head during a crash can cause concussions or more serious brain injuries.
- Internal injuries: Sometimes, organs get damaged in a crash, even if you don’t see cuts on the outside.
Remember, your health is the top priority. Don’t skip medical care because you’re worried about the cost. A personal injury attorney can help ensure that your medical bills are paid.
Dealing with Insurance Companies
After a crash, you’ll probably hear from insurance companies. They might ask for statements or offer quick settlements. Be careful about what you say and sign. Insurance companies often try to pay as little as possible. They might use your words against you or offer less money than you need.
It’s best to talk to an attorney before you deal with insurance companies. An experienced personal injury attorney knows how to protect your rights and can handle talks with insurance for you. This takes stress off your shoulders and helps you avoid mistakes that can hurt your case.
Understanding Negligence in Car Accident Cases
In car accident cases, lawyers often discuss “negligence.” This is when someone wasn’t being careful enough. When drivers don’t follow traffic rules, drive while distracted, or do something else careless, they can be considered negligent.
Proving negligence is a vital part of many car accident cases. A car accident attorney looks at all the evidence to show how the other driver messed up. This might include things like:
- Witness statements;
- Police reports;
- Traffic camera footage;
- Damage to the cars;
- Skid marks on the road.
Sometimes, figuring out who was negligent is easy. Other times, it’s more complicated. That’s why having a lawyer who knows how to investigate and prove negligence is important.
What Happens During Discovery
If your case goes to court, there’s a part called “discovery.” This is when both sides share information about the accident. During discovery, your car accident attorney might:
- Ask the other driver questions in writing;
- Get statements from witnesses;
- Look at medical records and bills;
- Check out damage reports for the cars;
- Talk to experts who can explain how the crash happened.
Discovery helps your lawyer build a strong case for you. It also lets them see what evidence the other side has. This information helps your lawyer decide if it’s better to settle your case or go to trial.
Understanding Damages
In legal terms, “damages” are the losses, which, you can recover compensation for after an accident. There are different types of damages.
Economic damages cover things you can put a price tag on, like:
- Medical bills;
- Lost income;
- Car repair or replacement costs;
- Future medical care you might need.
Non-economic damages are harder to measure but still important. They include things like:
- Pain and suffering;
- Emotional distress;
- Loss of enjoyment of life (if your injuries keep you from doing things you love).
A good lawyer knows how to calculate all these damages. They make sure to ask for enough money to cover all your needs, both now and in the future.
How Long Does a Car Accident Case Take?
Every car accident case is different, so it’s hard to say exactly how long yours will take. Some cases settle quickly, in just a few months. Others, especially if they go to trial, can take a year or more.
Factors that can affect how long your case takes include:
- How serious your injuries are;
- How clear it is who was at fault;
- How willing the insurance company is to offer a fair settlement;
- How busy the courts are in your area.
Your lawyer can give you a better idea of what to expect in your specific case. They’ll work to resolve your case as quickly as possible while still fighting for the best outcome for you.
What If the Other Driver Doesn’t Have Insurance?
It’s scary to think about, but some drivers on the road don’t have insurance. If you get hit by an uninsured driver, you might worry about how you’ll pay for everything. This is where a lawyer can be valuable.
A good lawyer will look at all possible ways to get you the money you need. This might include:
- Checking your insurance policy for uninsured motorist coverage;
- Looking into whether the driver’s employer might be responsible (if they were working at the time);
- Seeing if there were other factors that contributed to the accident, like a faulty car part or bad road conditions.
Even in tough situations like this, a lawyer can often find ways to help you get the support you need.
Dealing with Injuries That Last a Long Time
Sometimes, car accident injuries don’t heal quickly. You might have ongoing pain or problems that last for months or even years. These are called long-term or permanent injuries.
If you have long-term injuries, it’s important to have an attorney. They can make sure any settlement or court award considers your future needs. This might include:
- Ongoing medical treatment;
- Physical therapy;
- Home modifications if you have trouble getting around;
- Lost earning potential if you can’t work like you used to.
A car accident attorney will work with medical experts to understand your long-term outlook. They’ll fight to ensure you get enough money to cover your needs for as long as necessary.
Handling Property Damage Claims
After a car accident, you’re not just dealing with injuries. You also have to worry about fixing or replacing your car. This is called a property damage claim.
While property damage claims are usually simpler than injury claims, they can still be a hassle. A lawyer can help by:
- Making sure you get a fair value for your car if it’s totaled;
- Arguing for original manufacturer parts instead of cheaper aftermarket parts;
- Getting you a rental car while yours is being fixed;
- Dealing with disputes if the insurance company doesn’t want to pay enough.
Having a lawyer handle your property damage claim takes one more worry off your plate so you can focus on getting better.
What to Expect If Your Case Goes to Trial
Most car accident cases settle out of court. But sometimes, going to trial is the best way to get fair treatment. If your case goes to trial, knowing what lies ahead is important. The process can seem scary, but your lawyer will be there to guide you every step of the way.
The trial starts with jury selection. This is when your lawyer and the other side’s lawyer pick the people who will hear your case. They ask questions to make sure the jurors can be fair. Your lawyer will work hard to choose jurors who might understand your situation.
Once the jury is picked, both lawyers give opening statements. This is their chance to tell the jury what the case is about. Your lawyer will explain what happened to you and why you deserve compensation. The other side’s lawyer will give their view of things, too.
After opening statements, it’s time to present evidence. Your lawyer will show the jury things like your medical records, photos of the accident scene, and even your damaged car if it helps prove your case. They might bring in experts to talk about your injuries or how the crash happened. The other side gets to show their evidence, too.
One of the most important parts of a trial is witness testimony. This is when people involved in the accident answer questions in court. You might have to testify about what happened and how the accident has affected your life. Other people who saw the crash or treated your injuries might testify, too. Your lawyer will help you prepare for this so you know what to expect.
After all the evidence is presented, the lawyers give their closing arguments. This is their last chance to convince the jury. Your lawyer will sum up all the reasons why you should win your case. They’ll remind the jury of the strongest evidence and ask them to decide in your favor.
Finally, the jury goes to deliberate. This means they talk privately about everything they’ve heard and seen. They decide if you should win the case and how much money you should get. This can take anywhere from a few hours to several days, depending on how complicated the case is.
Going to trial can be stressful, but remember that your lawyer is there to fight for you. They’ll explain everything that’s happening and help you feel as comfortable as possible. With a good lawyer by your side, you can face the trial process with confidence, knowing someone is standing up for your rights.
Dealing with the Emotional Impact of a Car Accident
Car accidents don’t just hurt your body. They can also affect you emotionally. Feeling scared, angry, or anxious is normal after a crash. Some people even develop post-traumatic stress disorder (PTSD).
A good lawyer understands the emotional side of car accidents. They can:
- Help you find resources for emotional support;
- Include the cost of mental health treatment in your claim;
- Argue for compensation for emotional distress.
Remember, your mental health is just as important as your physical health. Don’t be afraid to talk to your lawyer about how the accident has affected you emotionally.
Understanding the Statute of Limitations
There’s a time limit for filing a lawsuit after a car accident. This is called the statute of limitations. If you wait too long, you might lose your chance to get compensation.
The exact time limit varies depending on where you live and the type of case. In some places, you might have as little as one year to file. In others, you might have two or three years.
This is one reason why it’s important to talk to a lawyer soon after your accident. They can make sure you don’t miss any important deadlines.
What to Look for in a Car Accident Lawyer
If you decide to get a lawyer (which is a smart move), here are some things to look for:
- Experience: Find a lawyer who has handled lots of car accident cases. They’ll know all the ins and outs of these types of claims.
- Good communication: Your lawyer should explain things clearly and update you on your case.
- Resources: Car accident cases can be expensive to prepare. Make sure your lawyer has the resources to hire experts and investigate thoroughly.
- Personal attention: You want a lawyer who will give your case the time and attention it deserves.
- Good reviews: Look for lawyers with positive reviews from past clients.
Most lawyers offer free consultations, which allow you to talk to several different lawyers and find one you feel comfortable with.
Call a Car Accident Lawyer as Soon as Possible
After a car accident, you have a lot to deal with. Medical treatments, car repairs, missing work – it can be overwhelming. That’s why calling a lawyer is one of the smartest things you can do.
A good car accident lawyer takes the legal worries off your shoulders. They fight for your rights, deal with insurance companies, and work to get you the money you need to recover. With a lawyer on your side, you can focus on getting better while they handle everything else.
Don’t try to handle a car accident case on your own. There’s too much at stake. Call a personal injury attorney in South Carolina as soon as possible after your accident. They can guide you through the process, protect your rights, and seek the best possible outcome. Your future might depend on it.
Nathan Hughey, an attorney and fourth-generation South Carolinian, founded Hughey Law Firm in 2007. Before that, he spent five years defending nursing homes and insurance companies. Leveraging his experience, he now advocates for those injured or wronged by such entities, securing over $220 million in verdicts and settlements.