Anatomy of a Car Accident Case

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accident attorney

After an accident the first assistance you will require is from a car accident lawyer. But that’s not enough either. If you don’t know how the whole process works you will be left out in the dark. So let me demonstrate an imaginary case with multiple scenarios to take you through the whole process as a simulation. At first you have to know that are certain car accident laws. But how are they applied? Let’s find out with a demonstration:

 

Scene 1: So you were driving at late night. The streets were empty so you thought of driving a little bit faster. Suppose the speed limits are 30 miles/hour because of some tight turns. But you were driving at an average of 50 miles/hour.

Scene 2: Suddenly a corner comes out of nowhere and you couldn’t slowdown in time because of the high speed. So you hit a wall and airbags pop out.

Scene 3: You were not fatally injured, but the house owner of the house of that wall you smashed charges you for the damage. So both parties get a car accident attorney. And the attorneys set up a negotiation.

Scene 4: At the negotiation there are certain probabilities such as:

  1. You may have to pay for the damages you caused to that residence. If the owner agrees to your offer then he may withdraw the case.
  2. If your offer doesn’t suite the opponent then the negotiation will fail and the case will face a trial. Same thing can happen vice versa if you think your opponent is overcharging you.
  3. If you are found with alcohols while that accident then certain penalties will be added with it under DUI (Driving under Influence) law.
  4. If someone gets injured or killed then penalties will be added for that too.

Result

Results will be determined by the type of damage and the amount of evidences found against the defendant. Usually cases end up at negotiations because nobody wants trouble. But if that fails then the case will face the judge and juries in trial like I said. If that fails too then the case may face several re-trials as well.

Conclusion

As you can see an accident case can go different ways. Abraham Lincoln once said that, “The probability that we may fail in the struggle ought not to deter us from the support of a cause we believe to be just.” And in cases like this, you can’t predict what’s going to happen. So never lose hope, and make your stand.

 

Stephen Zee

16 Comments
  1. Joseph

    January 16, 2015 at 9:54 pm

    It is not uncommon for attorneys from the other side to try to wear down a plaintiff, the person who brought the suit, during discovery. This could be accomplished with the sharing of mountains of information to overwhelm you or by examining your personal affairs you may not want publicly disclosed at trial.

  2. Phill

    January 17, 2015 at 2:35 pm

    If you are contacted by the other driver’s insurance company, you do not need to provide them with any information other than your basic contact information. Nor should you feel pressured to provide them with an immediate description of your injuries. A personal injury lawyer who handles auto accident injuries can help you negotiate with the other driver’s insurance company or decide whether your case should be heard in court.

  3. Christina

    January 18, 2015 at 2:28 pm

    Victims in an automobile accident may include the car’s driver, passengers, by-standers, and even the spouse of an injured person.

  4. Andrew

    January 19, 2015 at 5:50 pm

    All auto-accident victims may be able to recover money from the other driver, the owner of the car, and even the driver’s employer to pay for the damage to your car, your current and future medical bills, and any permanent injuries you may have suffered. You may even be able to get punitive damages, which are designed to punish the other driver for his or her action.

  5. Timothy

    January 21, 2015 at 9:47 pm

    Documented tests demonstrate that low-impact accidents can affect the soft tissues in a person’s neck or back, such as ligaments, tendons, and muscles. Elderly persons or those in poor physical condition who may have preexisting injuries in these areas are more susceptible to these types of injuries from impacts even at low speeds. A skilled PI attorney should be able to convince a jury or insurer if these circumstances exist in your case.

  6. Sean

    January 22, 2015 at 5:18 pm

    Few people will dispute the great forces involved in a high-speed automobile collision, but these forces also apply in low-speed impacts. A typical automobile weighs about 2,000 pounds, so a collision at 10 miles per hour will result in an average impact force of about 3.7 tons. A larger vehicle of about 3,000 pounds, colliding at 10 miles per hour, will produce an average impact force of about 5.6 tons, a significant blow to an occupant’s neck and back.

  7. David

    January 24, 2015 at 4:52 am

    Many automobile accidents are low impact, or under 10 miles per hour and cause only minor property damage. In a sizable number of these cases, however, the occupants may complain of various injuries from neck and back strains to more serious spinal or joint problems. Most of these victims face considerable opposition to their injury claims from skeptical insurance adjusters and defense attorneys.

  8. Jack

    January 26, 2015 at 12:30 pm

    In addition, in some states, if you were shown to have contributed to the car accident, even in a small way, you cannot collect from the other driver. In some other states, you can only collect a percentage of the award to the same extent the other driver contributed to the accident. Thus, if the other driver was 80 percent responsible for the accident, you can collect only 80 percent of your claim. Check with your attorney to understand your states precise laws.

  9. Arnie

    January 28, 2015 at 3:05 pm

    Injuries from accidents in different jobs can be as diverse as the jobs themselves. Accidents can range from slamming a finger in a drawer to death from a fall or a malfunctioning piece of equipment.

  10. Zudy F

    January 30, 2015 at 2:16 pm

    Most lawsuits involving car accidents end in an injury settlement before going to trial, especially if the facts are not in dispute. The cases that make it to court typically involve claims over which there is much dispute.

  11. Francis Silv

    February 2, 2015 at 10:24 pm

    In some other states, you can only collect a percentage of the award to the same extent the other driver contributed to the accident.

  12. Samuel Fredrick

    February 3, 2015 at 7:08 pm

    Thus, if the other driver was 80 percent responsible for the accident, you can collect only 80 percent of your claim. Check with your attorney to understand your states precise laws.

    • Marfie

      February 10, 2015 at 4:01 pm

      Yes :) :)

  13. Zippy

    February 5, 2015 at 5:04 pm

    Insurance companies providing the defense for their clients offer to settle cases as a way of saving the costs of litigating a case and of a potentially high award juries sometimes give to the plaintiff.

  14. Marfie

    February 7, 2015 at 5:43 am

    It is true that jury-awarded compensation may be higher than the settlement offer.

    • STRUCTURED SETTLEMENTS

      March 22, 2015 at 3:49 pm

      It depends on a variety of factor and type of your case.

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