Category: Car Accidents

Knowing when to call a lawyer after a car accident can be difficult. The truth is that it is never too early to contact a lawyer about a car accident. Obtaining advice about your legal rights and your options for recovering compensation for damages is helpful after any traffic accident.

Why am I Sore After my Car Accident?

It is common to experience some soreness when you are involved in a car accident. Even a minor “fender-bender” or low-impact car accident can result in serious injuries. The impact of the collision jolts and twists your body in unnatural positions, which can cause a variety of injuries.

Additionally, an airbag deploying or seatbelt locking could cause an injury. Violently striking the dashboard, steering wheel, door, or window can cause injuries. Also, debris flying through the air can strike your body, causing additional injuries.

Common car accident injuries include, but are not limited to:

• Whiplash and neck injuries
• Shoulder and back injuries
• Head and brain injuries
• Broken bones and fractures
• Lacerations and puncture wounds
• Internal bleeding and organ damage
• Amputations
• Burns
• Spinal cord injuries

Any of the above injuries can cause aches and pains. The severity and type of injury typically dictate the level of soreness or pain a person experiences. Also, a person’s overall health and age can be additional factors in how long it takes to heal and the pain involved in healing.

Soft tissue injuries can cause soreness after a car wreck, such as injuries to tendons, muscles, and ligaments. Ruptured discs, hairline fractures, and pinched nerves can also cause soreness.

Unfortunately, it can be difficult to detect certain types of car accident injuries, such as soft tissue damage. It can also take days or weeks for the soreness to intensify. Therefore, an accident victim may not realize immediately following a car crash that the accident caused an injury.

When Should you see a Physician?

While some soreness after a car accident is common, soreness that persists or intensifies could be a sign of a severe injury. Because it is never wise to try to diagnose yourself, seeing a doctor after a car accident is always a good idea, regardless of whether you believe you were injured in the wreck.

Only a doctor can correctly diagnose car accident injuries and develop a treatment plan. Seeing a doctor immediately or soon after a car accident protects your health. It also helps protect your legal rights.

If the soreness is an indication of a more severe injury, you need to know about the injury as soon as possible so you can receive medical treatment. Prompt medical treatment increases your chances of recovering fully from an accident injury.

However, prompt diagnosis of a car accident injury also improves your chance of recovering full compensation from the driver who caused the car crash. Insurance companies use delays in medical care to claim that the car accident did not cause a victim’s injuries.

The insurance company argues that the injury could have occurred after the crash. In some cases, if medical care was not sought until several weeks or a couple of months after a car crash, it can be more challenging to prove that the collision caused the injuries.

Therefore, it is a good idea to see a physician for a full examination after a car accident. Your physician can document your current symptoms and diagnose any hidden injuries that you may not be aware of immediately following the accident.

Damages Caused by Car Accident Injuries

Depending on the type and severity of your car accident injury, you may be entitled to significant compensation from the at-fault driver. The value of a car accident claim depends on several factors including, but not limited to:

• The type of injuries you sustained;
• The severity of your injuries.
• Your financial losses;
• Whether you sustained permanent impairments;
• The available insurance coverage; and,
• Whether you may have been partially at fault for the cause of the car accident.

Common damages that are included in car accident claims are:

• Cost of medical treatment;
• Personal care costs;
• Loss of income;
• Future loss of income or diminished earning potential;
• Permanent disabilities and impairments;
• Physical suffering and pain;
• Emotional distress and mental anguish;
• Loss of quality or enjoyment of life; and,
• Other financial losses associated with the accident or your injuries.

An experienced car accident lawyer can help you investigate the cause of the car accident and gather evidence to prove fault and liability. The attorney can also help you document damages to maximize compensation for a personal injury claim.

What are the first things you should do if you are involved in a car accident in Texas? Always make sure that there are no severe injuries in any of the vehicles. If there are, call 9-1-1 immediately. You should also move your car to the side of the road if the accident was only a minor fender bender. This helps keep traffic moving and makes sure another accident won’t happen.

Your next step should be to call the police so you can get a report of the accident. This should be done regardless of the severity of the accident.

Do I have to call the police?

Texas law requires that an accident must be reported to the police if it results in an injury, fatality, or damage to a car that makes it not safe to drive anymore. While you may be tempted to drive-off if there are no injuries or damage, this is not recommended. You should call the non-emergency police number and have an officer come and file a car accident report.

Can I just settle minor crashes with the other driver?

You can, but again, this is not recommended. Some injuries like concussions may not be fully observable until days after the accident. Your vehicle may have sustained more damage than you think it did. Getting an officer to write a police report will be a record of the accident and what happened. This is useful in the future if you find out damage or injuries were more severe than you first believed.

What happens if I flee the scene?

You are legally required to report any damage to property that costs more than $1,000. You will not be able to assess the exact amount of damage after an accident. To be safe, do not leave the scene of the crime – even with minor accidents. You will also get in trouble if you flee the scene of an accident that causes an injury or fatality. If you do flee severe accidents, you face 2 to 10 years in prison or a fine of up to $5,000.

What will an officer do at the scene of a car accident?

This depends on the severity of an accident. If there are severe injuries, the responding officers will help those people first. Next, the officer will interview the people in the wreck to find out what happened. This could be the drivers, passengers, and witnesses. They will also assess the scene and take notes of factors like weather, cell phone use, car conditions, or if someone was driving under the influence of a substance. The officer may also decide some fault of the accident and hand out driving citations.

What will be in the car accident report?

It is not typical for an officer to write the complete report at the scene of the accident. Generally, they take notes or a worksheet and then file the complete report once they go back to their station. They will use all of the information they collected at the scene and describe the facts and who they believe is at fault for the accident.

How do I get a copy of my police report?

The officer will more than likely hand you their card when they are done with their assessment of the accident. If they do not do this, ask them for their contact information. You can also make a public information request with your local police station for information relating to the accident, your report, and any charges you may be facing.

What happens if the police report says that you were at fault?

It can be hard to change the opinion of an officer. If you were found at fault for the accident, it would be in your best interest to hire a car accident lawyer. This is especially true if the other driver decides to sue you to recover compensation for their injuries or damage to their property. A lawyer can also help you defend any criminal charges you may be facing to either get a lesser sentence or fine.

What do I need to show my car insurance carrier?

Texas requires that all drivers have some form of insurance or they must prove that they have the financial means to cover damage in a potential accident. When you have any type of car accident, even a minor one, you should file a claim with your insurance. They may offer some payment for damage to your car, medical bills, or even lost wages. Most insurance companies will require that you have a police report to file a claim for compensation.  

You were in a car accident in Philadelphia. Maybe you live in the city or you are just a visitor. Regardless, you will be wondering what steps you should take next. If you have an injury, you may need medical help and time off from your work.

There may be significant costs for the damage done to your vehicle. Can you sue someone to help compensate for some of your losses? What should you do next?

Understand Negligence

Not all car accidents can result in a lawsuit. To prove that someone was the cause of the car accident, you will more than likely need to prove that they were negligent.

Negligence is a legal term that is the foundation for many car accident cases. To prove that someone else is responsible for the accident and your injury, you will have to prove several things:

· The person or people that you are suing had a duty of reasonable care to you. This often means that they need to act in a reasonably careful way when interacting with other drivers or pedestrians.

· That the person did not fulfill their duty of reasonable care. In legal terms, this means that the person breached the duty of care. To show this, the court will ask whether they acted in a way that a reasonable person would act in a similar situation. If they did not act this way, then they violated their duty of care.

· You must also show that the breach of care was the direct cause of the injuries. You cannot have pre-existing conditions that you claim were caused by the accident.

· Finally, you must show that there were losses because of the accident. For example, you may not have any costs if you only have a minor cut or your insurance covered all damage fees to your car.

Get Well and Gather Evidence

Take pictures of the car accident scene if you are able to. These should include damage to your car, other cars involved, and any surrounding areas. It is also good to make sure to capture images of factors that could be important showing why the accident happened. This may include road signs, the weather, or the condition of the road.

Even if your injury is minor, it is best to go to a doctor and make sure that you don’t have any serious issues. You may not even be aware of some injuries until later like a mild concussion. You also may not even notice some cuts or bruises until days after the accident. Any symptoms you have after the crash, and recorded proof of them from a doctor, will be important if you decide to later sue the person responsible for the accident and your injury.

Get a Good Lawyer

There are a lot of personal injury lawyers in the world. It is important that you find one who will fight for you and advocate on your behalf. This could be your insurance company, the insurance agents representing other drivers in the accident, or in court if you take your case to trial.

You want to conduct in-depth due diligence before hiring an attorney. Make sure to research several in the area and find one that has experience with your type of accident and injury. This can be done by reading reviews online or asking for referrals from friends.

You should also do a background check on attorneys you are thinking about hiring. In Pennsylvania, you can check the status of a lawyer and view their license and discipline actions online.

Once you have picked a few you like, schedule initial meetings. Most lawyers offer these consultations for free. It is an opportunity to present your case and for the lawyer to decide if they can or want to represent you. Have a list of questions ready to ask them including:

• How many similar cases like mine have you taken part in?
• What is your success rate in car accident lawsuits?
• What is your current caseload like?
• Who usually does the work on the cases? Is it handled by attorneys or other admin staff?
• What type of communication do you prefer with your clients?
• Do you have references of past clients you have represented?
• How do you prefer to be paid? Is it hourly or do you only get paid after the case is over?

You want the lawyer to be transparent with you. If they cannot or do not want to answer your questions, they may not be a good fit for you. You also want to feel comfortable with them and be able to trust that they can make decisions on your behalf.

Once you have met with several lawyers, pick the one that you like the most and get ready to proceed with your case.