Call 24/7 No Fee Unless You Win (888) 782-9090
Do You Need a COVID-19 Vaccine? Click Here!
Request Free Evaluation

How Do You Win a Car Accident Lawsuit?

November 3, 2021 By Flora Templeton Stuart

An experienced and caring car accident lawyer will go to work immediately to obtain maximum recovery and be successful in your case. An essential step to follow is to first get medical treatment if hurt in a car accident. Flora Templeton Stuart Accident Injury Lawyers will investigate the scene, take pictures, obtain accident reports and witness statements, and notifying all insurance companies of our representation. Getting clients to good doctors is crucial in obtaining maximum recovery for an injured person in a car accident.

Car Accident Victim With AttorneyWhat Should I Do If I’ve Been Involved in a Car Accident?

Being involved in any accident can be devastating- being involved in an automobile accident can be both devastating and painful. However, there are some steps that you can take to ensure that you protect yourself, fight for your interests, and get the compensation that you deserve.

Immediately after an automobile accident, taking the following steps can be helpful:

  • Stop 

Do not hurry to leave the scene of an accident, even if it is a minor one.

  • Protect the scene 

How you protect the scene of the accident will depend on the nature of the accident. For instance, if you have been involved in an accident at night, you can try to prevent more accidents by setting up flares or keeping your flashers on. Anything that can help prevent further damage is welcome.

  • Contact the police & ambulance for injuries

You should call the police and get an ambulance if driver or passenger is hurt. If you have been badly hurt, the accident report can help you claim compensation from your insurance company. While at it, all the vehicles involved in the accident should remain in their original position unless they interfere with the traffic flow.  

  • Take pictures

If you can, take pictures of the scene of the accident. You can take photos of your visible injuries, which will help during negotiations or trials (if it comes to that).

  • Share information 

Usually, the police should arrive at the scene of an accident as soon as possible. Unfortunately, that is not always the case. If there is no police officer in sight, try to exchange information as much as possible. Obtain details such as the name, address, and telephone numbers of everyone involved in the accident. This information can be critical, especially if your attorney wants to make a reference in the future.

  • Seek medical attention 

For most car accidents, victims do not feel pain immediately; most take as much as three days before feeling any pain. If you are involved in an automobile accident, seek medical attention as soon as possible. Medical checkups and doctor’s reports are very important in determining your next steps. At Flora Templeton Stuart Accident Injury Lawyers, we get our clients to excellent physicians and specialists when needed.

  • Keep a file 

You should keep a file of all the accident-related documents and information. The file you keep should include the claim number, names, telephone numbers, receipts, and other contact details.

  • Fight for your rights

Fighting for your rights is one of the basic things you should do immediately after a car accident. It is highly recommended to find yourself a qualified, experienced, and reliable personal injury attorney to help you protect your rights.

It is possible that insurance companies would want to settle the matter as soon as the accident occurs. However, you should be careful not to commit to anything without further consultation from your lawyer.

Car Accident Lawsuits 

Given that car accident lawsuits fall under the category of personal injuries, various states have limitations to the amount of time you have to file your lawsuit- in most cases, this can be one year or less. Aside from that, car accident injuries need immediate medical attention. In Kentucky, our attorneys will set up PIP to pay your medical bills and lost wages, and MedPay in Tennessee for medical bills.

The main stages of a car accident lawsuit are:

  1. Filing the complaint
  2. Pre-trial motions
  3. Setting a court date
  4. Mediation
  5. Discovery

Whether or not a car accident lawsuit will go to trial or end in a settlement depends on what both the plaintiff and the defendant will feel their chances of winning are. The great majority of car accident cases are settled without going to court. Litigation can be costly and time consuming, so our serious injury cases with ample insurance usually go to court.

Damages 

Just as anybody else, car accident victims have their rights. One of those rights includes the right to seek compensation against the at-fault party for any damages caused. In a legal setting, “damages” is the term used to refer to the amount of monetary compensation that a victim is likely to receive as a result of a personal injury.

For car accidents, accidents vary, with each one attracting a different amount of compensation. The most common ones include:

Punitive damages 

Punitive damages compensations are awarded in cases where the at-fault party’s actions are grossly negligent, reckless, or intentional. These damages are not for compensating the victim but rather for punishing the wrongdoer.

Economic damages

Economic damages from car accident cases are calculated as costs incurred as a result of the accident. Examples include lost income and wages, rental car costs, property damage, medical expenses, case costs, and loss of earning capacity.

Non-economic damages

Non-economic damages are costs that cannot be easily calculated and are usually evaluated by a jury in a lawsuit. Examples include loss of consortium, disability, emotional distress, loss of affection or companionship, and pain & suffering due to the automobile accident.

Duty of Care 

“Duty of care” is a phrase used in a legal setting to refer to the law requiring motor vehicle drivers to be careful not to harm others while driving. When you make a car accident claim, one of your attorney’s job is to prove that the at-fault driver was not exercising a duty of care when the accident happened.

Hire an Experienced Car Accident Attorney Today

Nobody wishes to be involved in a car accident, or any other accident for that matter. However, accidents still occur; they are unpredictable, and their effects are devastating. If you or your loved one is involved in an automobile accident, you need professional legal advice as you continue with your recovery process.

Fortunately for those in Kentucky and Tennessee, Flora Templeton Stuart Accident Injury Lawyers are here to evaluate your claims and provide a solid car accident lawsuit strategy. With 90% recovery/won cases, our lawyers are trained and experienced enough to help you fight for the right compensation. Request a free case evaluation today by calling (888) 379-3109 to get started.

[LEARN MORE]: Could I Lose Money in a Personal Injury Claim?

 

Author Photo

Flora Templeton Stuart

Flora Templeton Stuart is the lead attorney and founder of the law firm Flora Templeton Stuart Accident Injury Lawyers, established in 1976. Flora goes to work every day to make a difference in her community and the lives of her clients. When you call you will get a personal representation and an attorney who truly cares.