Hopefully, some of your questions regarding what to do after a car accident, the process of filing your claim, and why you need an attorney have been answered. Here are some more Frequently Asked Questions that you may find helpful:
- What is a free case consultation? A free consultation with a car accident lawyer is a no-cost meeting where you and the attorney get to learn more about one another, and you will get to share the details of your accident and learn whether or not you have a strong case. During your free consultation, it is very important that you share as much information with the attorney as possible, and do not worry – the consultation is 100 percent confidential. The more information that you share, the more accurately the attorney will be able to assess your chances of winning.
- How do I choose an attorney? Choosing an attorney to represent you when filing a claim with an insurance company or/and when filing a lawsuit for compensation can be difficult. Who you choose will likely have a major effect on your future, and may be one of the biggest decisions that you will ever make. The first thing that you should look for when choosing an attorney is whether or not the attorney seems passionate about you and your case – if the attorney does not, they are probably not the best choice for representation.
In addition, ask the attorney about their history representing car accident victims. How many settlements have they won? How much money have they recovered on victims’ behalf? Have they ever lost a case? Have they ever litigated in court?
Try to learn more about how the law firm operates, such as who might be working on your case and how the law firm charges. Finally, consider whether or not you get a good feeling from the attorney – if you do not, working with them for months at a time may be an uncomfortable experience for everyone.
- Can I file a claim on the behalf of a loved one? In some cases, it may be possible to file a lawsuit on the behalf of your loved one who was injured or killed in an accident. You are allowed to file a lawsuit on a family member’s behalf in the following circumstances: the injured party began to file a lawsuit on their own, but died before the lawsuit could be completed, and you are the representative of the deceased; the injured party died, you are the representative of the deceased, and you are filing a wrongful death action; the injured party is incapacitated, but has signed over power of attorney; or, the injured party is a minor and you are the minor’s legal parent or guardian. To learn more about each of these situations, speak with an experienced lawyer.
- What if my car accident happened at work? Car accidents that happen at work may very well be covered by workers’ compensation insurance. In fact, the Indiana Workers’ Compensation Information Portal reports that those employers who do not carry workers’ compensation insurance may have a penalty assessed against them. If you were injured in a car accident while performing a work-related task, then, you are likely covered by this insurance type.
However, sometimes, a worker who is injured while working has another avenue for recovering compensation as well: filing a third party liability claim. While workers who are injured at work are barred from filing a lawsuit directly against their employer, you can file a lawsuit against a negligent third party. For example, say that you were working on a construction site when a driver, who was speeding through the site, hit you. You can file a claim for damages directly against this driver.
- What types of damages are available? Finally, you are likely wondering what types of compensation you are able to recover when filing a car accident lawsuit. Common damages that are paid include: compensation for all medical expenses related to your injury, past, present, and future; compensation for lost wages or benefits related to your injury; compensation for all other financial losses (such as the loss of property value of your vehicle); cost of attorneys’ fees; loss of enjoyment of life; loss of companionship, services, and consortium; court costs; compensation for physical pain and emotional suffering; and punitive damages (also known as exemplary damages) if the defendant caused your injuries wantonly and willfully.
If you have any other questions that have not been answered, do not hesitate to call a legal professional.