Archive for the ‘Auto Accident’ Category
Car accidents are complicated enough on their own, and if the accident occurs on the job or in a company vehicle, that adds yet another piece to the puzzle. Meanwhile, most employees don’t think about what happens in an accident—until after it happens. Talking to your employer about the implications of an auto accident is an important step, especially if you frequently drive for work. Multiple factors come into play in a work-related car accident.
Vehicle Ownership
Most employers provide company vehicles for employees who must frequently drive as part of their regular job responsibilities. If so, then the employer is responsible for providing adequate insurance coverage on the vehicle. This is called “vicarious liability,” when a relationship between people are entities means that they can be held accountable for certain specific actions of the other party. In this case, employers are considered responsible for their employees’ safe operation of company vehicles.
Generally this coverage is used first; if certain expenses, such as medical bills or lost wages, exceed those of the employer’s policy, then the employee may also make a claim under his or her personal insurance. Note that some personal coverage cannot be applied if another policy exists, so talk to your insurance agent about whether your personal policy can be used for any shortfall in the company coverage. Meanwhile, if an employee is driving a private vehicle when the accident occurs, the only option is to make a claim under his or her personal insurance.
Company Business and Car Usage
An employer’s coverage only applies if the employee is using the vehicle for “company business.” That is, a delivery truck driver who gets into a fender bender using the truck for errands on the weekend, won’t be generally covered by the employer’s policy. The following activities qualify as company business:
- Deliveries or other driving listed in the employee’s job responsibilities
- Company-sanctioned travel, such as driving to a conference or a client meeting
- Work-related errands
Note that driving to and from work does not qualify as “company business.” In most cases, the employee must have reported to the work location before any actions will be regarded as company business. This means that accidents on the way to work, or home after, are the responsibility of the employee.
In addition to insurance coverage, employees may also be entitled to worker’s compensation. This is available if the employee is injured during an auto accident and was on company business at the time of the accident.
Hiring an Injury Attorney
Employers may attempt to hold the employee responsible for any deductibles. They may also resist paying worker’s compensation. That’s why it’s important to hire a skilled car accident attorney if you are in an accident. Having legal representation often makes the process go more smoothly, and protects the employee from unfair treatment or denial of benefits. Meanwhile, if the case does require litigation or settlement negotiation, a qualified personal injury attorney has the knowledge and experience to ensure that the employee’s rights are properly protected.
Suffering an auto accident can be more than inconvenient—it can also be expensive. You may find yourself in need of medical treatment or a new vehicle, or you may be out of work. Many people avoid hiring an attorney because they see it as yet another accident-related cost. However, hiring the right personal injury attorney can actually make all the difference in the outcome of your claim. Here’s why:
- Personal injury attorneys have relevant experience. Not only have they worked with cases similar to yours, but they have also worked with insurance companies before. This experience often proves vital. A qualified accident attorney can evaluate your case, give you an estimate of what it may be worth, and walk you through each step of the claims process.
- Accident attorneys can expedite the process. Insurance companies may draw out the claims process, making it unnecessarily long and complicated for claimants. This tactic eventually causes some people to simply drop their claims. But insurance companies often abandon this strategy with attorneys, who are extremely well versed in the process and can work to expedite the claim.
- A legal team has more resources. While an individual might not have the ability to find the right expert witnesses or navigate the paperwork associated with a claim, personal injury lawyers have easy access to the right resources. They know qualified expert witnesses and have an entire team devoted to the satisfactory resolution of each case.
- Auto injury attorneys can negotiate more fair settlements. Often the insurance company will offer an extremely low amount as a settlement. Auto accident lawyers advise against taking this first settlement, which usually doesn’t represent a fair amount. They can negotiate a settlement that actually covers the client’s expenses.
- Attorneys have courtroom experience. In the event that your case does go to trial, legal representation will be indispensible. Although claimants are legally permitted to represent themselves, this usually isn’t a wise move. Failure to follow proper procedure could result in the case’s being delayed or even dismissed.
- Representation usually means higher payment. Statistics consistently show that claimants who hire attorneys receive higher payments or settlements. That’s because attorneys have more negotiation experience, insurance companies are more likely to take their cases seriously, and claimants are less likely to make mistakes that impact the process.
- Personal injury attorneys get payment only if you recover money. Hiring an auto accident attorney requires no financial investment. The attorney’s payment is contingent upon winning your case. Therefore enlisting a lawyer involves no real risk, but does confer multiple potential benefits.
Hiring an attorney is the first step in getting a favorable outcome for any auto injury or property damage claim. The right lawyer can significantly improve the outcome of your case, ensuring that you get the payment you’re entitled to.
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Suffering a car accident can be traumatic, especially if anyone suffers an injury. The good news is that most accidents involve only minor injuries that heal on their own, without medical intervention. However, some more serious injuries may not even have outward symptoms. It’s important for anyone who suffers an auto accident to seek medical attention to get any potential injuries diagnosed and treated as soon as possible.
Types of Injuries
Usually automobile accidents cause trauma to the skeletal system and the soft tissue around it. The more delicate the body part, the more prone to injury it is. That means that the neck, back, and brain are prime candidates for injury during an accident.
- Whiplash: The single most common accident injury, whiplash occurs when the soft tissue in the neck is damaged by abrupt movement. The muscles, tendons, ligaments, and nerves can become stiff or swollen, causing restrictions on movement and soreness. Usually these symptoms subside after a few days, but if they persist, it’s important to see a doctor.
- Back pain: Any time the spine and back muscles are moved abruptly or unnaturally, back pain can result. While whiplash tends to occur in rear-end collisions, back pain can arise after virtually any accident. Like whiplash, most minor back pain should go away in a few days. However, if you experience shooting pain, numbness, or pain that lasts more than a few days, go see a doctor.
- Joint damage: Many people bang their knees against the bottom of the dashboard during a collision. However, other joints may also be injured, particularly the hips, elbows, and ankles. Joint damage may include swelling, soreness, sprains, fractures, and dislocations. Any sort of joint injury requires medical attention.
- Concussion: A concussion occurs when the brain makes contact with the skull, usually due to a hard blow to the head. They range from mild to severe. Symptoms include dizziness, sleepiness, bruising around the eyes, memory loss, and disorientation. Anyone who suffers a blow to the head should go to the hospital to ensure that any damage is caught and treated.
- Traumatic Brain Injury (TBI): These are far more common in side impact collisions, where the head makes contact with the side window. Although less common, TBI are more serious than other kinds of auto accident injuries. Skull fractures, brain bruising (hematoma), and severe nerve damage all qualify as TBI and require immediate medical attention.
When to Get Help
For more serious injuries, call 9-1-1 and head to the emergency room. If you suspect that you’ve suffered an injury, go to a doctor whom you trust. Skip those “physician referral” services, and visit your general practitioner. Get a referral to a specialist for any more specific concerns.
You may face resistance from your insurance company when filing for coverage of medical expenses. Note that because Florida is a no-fault state, your insurance company is responsible for your medical expenses and lost wages, up to the limits of your policy. Meanwhile, if the other driver is faulted in the accident, his or her insurance should cover any costs that exceed those covered by your insurance policy. Most claimants find that hiring an auto accident attorney significantly reduces the time it takes for their claims. Furthermore, if a case must go to court, a personal injury attorney is a vital ally for the litigation process.
For the best outcome, get a full medical examination if you’re in an accident and suspect more than minor injuries. Keep careful records of all treatments and expenditures. Finally, choose a reputable attorney who has extensive experience with auto accidents and personal injury litigation.
Suffering an auto accident can be a stressful experience: injuries, missed work, and property damage certainly make life more complicated. Often an attorney can help ease the stress and ensure that you get sufficient compensation from the insurance company. Many personal injury attorneys specialize in auto accident cases, so it’s important to choose an auto accident attorney carefully.
Why Hire an Attorney
Ultimately, choosing the right attorney means a faster resolution and a higher payment. Studies show that people who enlist attorneys for their auto accident personal injury cases obtain payments about 3.5 times higher than those who represent themselves.
Because personal injury attorneys have extensive experience in navigating the insurance claims process, they are well versed in proper procedures and processes. Meanwhile, insurance companies tend to take claimants more seriously when they have legal representation, expediting their cases and refraining from offering inadequate settlements.
Finding a Reputable Attorney
Note that every attorney has a different specialty, so it’s best to choose an attorney who has extensive experience with personal injury and auto accident cases. If you have an attorney for other affairs, he or she may be able to recommend a personal injury attorney. Otherwise, contact the local Bar association for referrals.
Once you have a list of prospective matches, contact each office and ask about scheduling a consultation. The consultation should be free. Avoid lawyers who want to charge for the consultation, before they have even accepted your case.
The Initial Consultation
During this first meeting, the attorney should be attentive to the details of your case. He or she should also take time to explain the process, including what steps you’ll need to take next, how long the entire claim should take, and what you can expect in terms of payment from the insurance company. It’s important to address the following issues during the consultation:
- How is the attorney compensated? Most personal injury attorneys take a percentage of any claim payment, rather than charging hourly or flat rates. That arrangement means that your attorney is highly motivated to get you maximum payment from the insurance company. Stay away from personal injury lawyers that charge up-front fees.
- What is the case worth? An honest attorney will offer a realistic assessment of how much a case might be worth. Ask the lawyer to explain the rationale behind the figure he or she offers. If the number seems inflated, seek a second opinion.
- Who will actually handle my case? At many firms, you may meet with one attorney, while another actually handles your case. Ask how this works, how accessible your attorney will be, and who will actually represent you if the case goes to court.
- What expenses is the insurance company responsible for? Every accident is different. In some cases, the insurer will be responsible for lost wages, property damage, and medical expenses. The lawyer will need to review the details of the case before making this determination.
In the end it’s important to select a personal injury attorney who makes you feel comfortable with the process and remains clearly focused on your best interested.