Auto Accident Lawsuits

Frequently Asked Questions

I’ve been hurt in an automobile accident.  Do I have a claim?

Not necessarily.  You only have a recoverable claim or auto accident lawsuit if your injury was caused by someone else’s negligence.An auto injury Lawyer can guide you on these matters.

What kind of behavior amounts to negligence?

In general, negligence is defined as a failure to act reasonably by doing something carelessly or by not doing something you are required by law to do.  Speeding, driving under the influence, and failing to follow traffic laws are all examples of negligence.

How is negligence proven?

In order to prove someone was negligent, you must show that the person failed to use reasonable care, the duty of care was breached, the breach of the duty caused the auto accident injury, and damages were sustained.

Okay, I think my injury was caused by someone’s negligence.  What kind of damages am I entitled to?

In an automobile accident case, you may be entitled to damages for medical expenses, property damage, lost wages, pain and suffering, emotional trauma and other damages directly resulting from the negligent act.

What if the person who injured me has no insurance?

If the person who injured you does not have the money or insurance to cover your damages, you can file a claim against your own insurance company as long as you have uninsured or under-insured motorist protection.

What if I am at fault?  Can I still make a claim?

It depends on the state you are in.  In a no-fault state, you and the other person involved can collect from your own insurance companies. In a fault state, whether or not you can file a claim depends on whether your state applies the laws of contributory or comparative negligence.  In a contributory negligence state, you cannot recover if you were partially at fault.  In a comparative negligence state, you can claim a portion of your damages depending on your degree of fault.  For example, if you were 30% at fault, then you could recover 70% of your damages.

Should I settle with the insurance company?

No.  Insurance companies often make “lowball” offers hoping that the promise of quick money will entice you to settle your claim for an amount less than it is worth.  You should not accept any settlement offers made by an insurance company without first consulting with an experienced automobile accident attorney.