1. How do Car Accident Investigations Work?
If you were involved in a car Accident, someone will look into your accident. It could be a private investigator, an insurance company or the police.
The law requires you to report any accidents that involve property damage or severe injuries to the police. The police will arrive at the scene of the accident to collect data which will be used to create an accident report. The data they will collect will include witness statements, time the accident occurred, and location among other details. The police report will be available to upon when you request for it.
The insurance company will do its own independent investigation to find out:
- How in damages they will be required to cover,
- If they should cover your accident
- Who is legally responsible for the accident
The insurance company may take weeks to complete their investigation depending on how severe the accident was. One they complete their investigation, they will notify you and perhaps even compensate you.
2. How Soon Should You File a Car Accident Lawsuit?
There are statutes of limitation that can prevent you from filing a car accident lawsuit if you wait too long. You can file a lawsuit the same day the accident happens but first:
- You should know who caused the accident
- How much money in damages you should ask for
The statute of limitation depends on which state you live in. In Massachusetts, the statute of limitation to file a car accident lawsuit is three years. If you are not worried about missing that statute of limitation, it’s better to wait for a Fall River car accident attorney to guide you through the entire process.They will help you calculate how much your case is worth. Keep in mind that if you were involved in a car accident with a government employee, you may have as little as six months to file your claim. This is because claims against government employees have a very short deadline.It’s also not advisable to wait until the last day of the statute of limitations to file your claim.
If there is an insurance company involved, you may want to wait until you or your Car Accident Attorney negotiates with the insurance company regarding compensation. It’s much cheaper to settle a case outside court that to take your case to trial. In addition, the jury at trial is usually very unpredictable and you may risk losing your case.
3. I was Involved in an Accident with Several Cars. Who do I Sue?
If you were involved in a car accident with multiple cars in Fall River, MA, who you can sue will depend on several factors. Generally, you can sue anyone involved in the accident; the problem however comes in when you need to establish negligence.
In order for you to prove that the person at fault was negligent, you have to prove:
- Duty of care
- Breach of that duty of care
Choosing the appropriate person to sue will depend on how many drivers were involved, the details of your accident and Massachusetts state laws. There might be a few questions about your case that you won’t be able to answer on your own which is why it would be advisable to consult with a Fall River car accident attorney.
4. What are General Damages?
General damages are damages where you cannot place a specific dollar amount to them. These damages include:
- Pain and suffering: this refers to the overall state of happiness you were in before the accident. It also includes the emotional toll of dealing with your injuries after the accident
- Loss of companionship: Refers to the loss of companionship you or a loved one had before the accident. This could be the death of a loved one, or an accident that left you or a loved one with permanent injuries that changes the way you interact with people.
- Loss of consortium: this refers to loss of benefits of a married life such as companionship, comfort, love, affection, sexual relationship, etc.
The only way to recover general damages after a car accident is to prove them. Unfortunately, general damages are not easy to prove and you may require testimony from an expert witness like a psychiatrist. Since general damages are difficult to prove, they may not be easy to recover and a Fall River car accident attorney can help.
5. How Much Can a Passenger Claim After a Car Accident?
One thing that is certain if you were involved in a car accident as a passenger is that you cannot be held liable for the accident because you were not the one driving. How much you recover will depend on the driver’s insurance policy, applicable law in Massachusetts and details about the accident.
6. What Rights do You Have if a Loved One Dies in a Car Accident?
If a loved one dies in a car accident, you have the right to file for a wrongful death lawsuit. If you file a wrongful death lawsuit, you are entitled to two kinds of damages:
- Punitive damages: These are meant to punish a person’s bad behavior.
- Pecuniary damages: these are meant to cover losses such as lost wages, damage to property, medical bills, etc.
When you file a wrongful death claim in the case of a car accident, you will have to prove that the other driver was at fault and not your loved one. This means you have to gather all the necessary evidence to prove your case. Since wrongful death claims can be very complex both emotionally and legally, it’s important to contact an experienced car accident attorney to help you with your case.
7. Do You Need to Hire a Lawyer for Your Car Accident Claim?
Car insurance companies will always look out for their own best interests. Don’t be fooled into thinking that an insurer cares about your well being. This is why you need to hire a car accident attorney to protect your rights.
If you or a family member has been involved in a car accident, contact one of our Fall River car accident attorneys and we will review your quote for free.
This post first appeared on RI Motorcycle Accident Attorney Looks Back On Narr, please read the originial post: here