We find that most of our clients have similar questions. Here are seven frequently asked questions we are often asked concerning car accidents.
After any car accident, there is an investigation. Investigations can be done by police, insurance companies, or lawyers. Police officers will create an accident report that includes details about the accident, injuries, and any damages. Insurance companies will conduct their own investigations to determine who is at fault. Lawyers also perform investigations; gathering information from the collision, photographs, notes, and event statements from witnesses.
You can file a lawsuit as early as the same day the collision occurs. However, it’s better to have an idea of the entire situation, who caused the wreck, how much damage has been done to your vehicle, and importantly, the extent of your injuries. Most states will allow up to two years from the date of the accident to file a claim.
When in a car accident with multiple vehicles, it may be difficult to determine who is at fault. In this situation, the police report and other investigations may be used to determine who the at-fault driver is. Once fault is determined, you can make a claim against the at-fault driver. This could be an individual or a company if a driver was working for their employer.
If you are a passenger in a car accident, you may also be able to make a claim against the at-fault party. You may be able to recover medical expenses from your injuries, as well as pain and suffering damages and any economic damages you insure.
General damages are damages stemming from the car wreck and your injuries that account for pain, suffering, mental anguish, loss of consortium, and annoyance and inconvenience.
If a car accident results in a fatality, surviving family members may be able to file a wrongful death lawsuit against the at-fault party. Wrongful death claims are brought by the administrator of the estate of the deceased individual.
You may think a simple, straightforward fender bender can be handled without a lawyer; however, even seemingly simple claims can go sideways quickly. Going it alone likely means you are going to accept a smaller settlement, and be cheated out of a full recovery. An experienced car accident attorney in Charleston will be able to assist you in maximizing your recovery while you focus on getting better.