If you have recently been in a car crash or are the surviving family member of a loved one who recently died in a car accident, you may be entitled to receive compensation. The following information is everything you need to know about car accident cases in the U.S.
What To Know About Car Accident Claims
A car accident claim refers to a claim that an injured victim files to seek compensation for injuries or property damage (such as damage to their vehicle) caused by the car wreck.
When a car accident victim files a claim, they are seeking to collect damages for the accident. Damages that can be collected can be monetary, such as lost wages from missing work and medical bills, or non-monetary, which includes pain and suffering that resulted from the accident.
Other names for car accident claims are personal injury claims or personal injury cases. In most cases, claims are settled out of court with help from a car accident lawyer during the negotiation process.
Unfortunately, there are rare cases where both parties cannot agree on a settlement amount, and the claim must be settled in court during a car accident lawsuit (personal injury lawsuit).
Car accident claims may seem fairly straightforward, but the following are common misconceptions regarding car accident claims:
- You do not need an attorney if you have insurance
- The at-fault driver’s insurance will cover everything
- You cannot file a claim if you only had minor injuries
- You can file a claim whenever you want
- Car accident attorneys are too expensive
- You have to accept whatever settlement offer you receive
- Lawsuits are necessary in order to get compensation for an accident
The Car Accident Claim-Filing Process
If you or a loved one has been affected by a car accident, it is important to start the claims process as soon as possible. Filing your claim quickly can help ensure that you receive the compensation you need for bills and other related matters in a timely manner.
When you are ready to start a claim, the following are the basic steps you should take:
- Collect evidence for your claim: You will need to gather the photos and videos of the accident that you took while you were at the scene.
- Review your insurance policy: Take a moment to familiarize yourself with your insurance policy, as most people are not entirely sure what their policy covers.
- Hire a Florin|Roebig accident attorney: This is an important step that should not be overlooked. Even if your case is fairly straightforward, it always benefits you to have someone who is well-versed in your state’s accident laws on your side.
- Collect the police report: This is an important piece of documentation that will help your insurance company determine who was at fault for the wreck and how much compensation is acceptable for the accident.
- Contact your insurance agent: Once you have collected what you need, contact your insurance agent. They will be able to begin your claim and send you the necessary paperwork.
Once you have officially filed your claim, an insurance adjuster will most likely be sent to investigate the accident in person and report back to your insurance company. Your insurance company will take the adjuster’s information into account when deciding compensation amounts.
It is important to keep in mind that government forms and documentation must be accurate and without mistake. It helps to hire the Florin|Roebig legal team, the best car accident lawyers in Florida, to review your paperwork and make sure everything is correct on your behalf.
State Laws For Car Accident Cases
Many different state laws can affect your car accident case, and it can be difficult to know and understand all of the laws regarding car accidents in your state. Seeking the guidance of a Florin|Roebig attorney can provide peace of mind and a solid foundation for your case.
There are many different laws surrounding how car accidents are managed and handled. Two of the most important laws you need to consider are the statute of limitations for car accident claims and the laws related to determining fault in a car accident.
The statute of limitations refers to the length of time you have to bring your claim against the at-fault party. In some states, this is as little as two years, while in others, the time limit is much longer. A Florin|Roebig auto accident lawyer can explain your statute and help you file before it expires.
Your state’s laws on car accident fault will also likely affect your claim. If you live in a no-fault state, for example, you cannot file a claim against the at-fault driver unless your damages from the accident exceed your insurance policy limits.
Fault In Car Accidents
One of the first considerations that may affect your car accident case is who is at fault for the accident. Fault may be determined based on many factors, but generally, the party at fault for an accident is the party who was negligent.
When a motorist generally does something that results in an accident — this concept is legally known as negligence.
Unfortunately, finding fault in car accidents is not always as straightforward as it should be, and many factors may affect who is considered the at-fault party.
The courts will take all of these factors into account when determining fault or who can be held liable (legally responsible) for the accident.
Some factors that affect fault in car accidents include:
- Whether or not the driver who caused the accident was negligent
- If the driver was under the influence of drugs or alcohol
- What the road conditions were like
- If the weather was poor
- Whether the car malfunctioned due to a manufacturing error
If a driver fails to yield to oncoming traffic when attempting to make a left turn, for instance, the driver may be considered at fault due to their inability to obey traffic laws.
However, if a pedestrian fails to cross at a crosswalk and causes an accident, they could be liable.
Liability In Car Accident Cases
It can be difficult to decide liability when there are so many factors that can contribute to car accidents. Someone may be at fault for your accident, but that does not always make the party liable or legally responsible for paying you damages.
This means that they may have caused the accident due to unavoidable circumstances. For instance, if a car had faulty brakes due to a manufacturing error that stopped it from braking properly, the driver would be at fault but likely not liable for the accident.
The company responsible for creating the brakes may be considered strictly liable for the accident. This means that the company that created the brakes is legally held to a strict standard because the safety of the public relies on their brakes working correctly.
Similarly, if a road maintenance crew leaves obstructions in the roadway without a warning sign, this could also cause an accident. The driver would also be at fault in this case, but the construction company or city/county is liable.
In circumstances like these, courts consider multiple factors when determining fault and liability in car accident cases.
The car accident attorneys at Florin|Roebig can help ensure that the responsible parties are held accountable for your injuries and help you secure the compensation you deserve.
Consideration Of Negligence and Degree Of Fault
Negligence is one of the many different legal terms that can be confusing for those who have not studied law. In personal injury claims, negligence refers to any behavior or action that directly led to injury, property damage, or other related consequences.
Texting while driving, for instance, is one example of negligence if it directly results in an auto accident.
“Texting and driving has become a serious concern and one of the leading forms of negligence on American roads,”
explains Chad K. Florin, one of the leading attorneys of Florin|Roebig.
Laws on negligence directly affect your settlement amount and whether you are eligible to file a claim. In some states, the amount of negligence you are found to be will be subtracted from the compensation you are granted.
The most common types of negligence in personal injury claims filed by car accident victims include:
- Gross negligence: This type of negligence refers to serious disregard for the safety of others or for traffic laws, which then results in an accident. Gross negligence usually must have taken place in order to file a claim for car accident injuries.
- Comparative negligence: This is the type of negligence system that most states are using. It considers a party’s level of blame for the accident in comparison to the blame of others involved in the accident. Each party is assigned a percentage of fault, and damages awarded are adjusted accordingly.
- Contributory negligence: In a contributory negligence system, you can’t file a car accident claim to seek compensation if you are found to be even 1% at fault for the accident.
For many people, fault in car accidents may seem like a clear concept, but this is not always the case. In fact, very rarely are car accidents the fault of just one party.
Courts often assign varying degrees or percentages of fault based on a variety of different factors. Whether you can still recover compensation for your accident injuries depends on the fault laws in your state.
Here is what’s important to understand about fault in car accidents:
- You can still recover damages in no-fault states. Contrary to popular belief, if you received extensive injuries in a car accident in a no-fault state, you may still be able to receive compensation for your injuries if your injuries exceed your personal injury protection (PIP) policy. You will most likely need to file a personal injury lawsuit in order to get this compensation, and the attorneys of Florin|Roebig can help you with this.
- Your level of fault may reduce your settlement. If you live in a state that uses a comparative fault system, you’ll be able to file a claim against the negligent party, but your percentage of fault will reduce your amount of compensation. So, if you are assigned a 20% fault, you will receive a settlement amount of less than 20%.
- Fault may bar you from claiming damages in some states. If you live in a contributory negligence state, you won’t be able to file a claim if you are found to be at fault in any way.
If you have any questions about fault and negligence, contact the lawyers of Florin|Roebig today. Our team of civil and trial lawyers is available to answer any questions you may have about the legal process or the claims process. We are here to help.
Ways The Accident Can Impact Your Life
Car accidents can have far-reaching effects that extend beyond the immediate aftermath of a serious incident. In some accidents, serious injuries can cause alarming medical expenses.
Additional ways an accident can impact your life include:
- Job loss
- Lost income potential
- Loss of transportation
- Loss of independence (i.e., due to permanent injury requiring ongoing assisted care)
- Pain and suffering costs
- Post-traumatic stress disorder (PTSD)
- Loss of companionship (e.g., as a surviving spouse)
- Modifications to your living space or transportation methods to accommodate severe or permanent injuries (e.g., widening hallways, ramp installation)
It is important that a car accident settlement reflects the ways the car accident has impacted your life and compensates for all losses.
The experienced attorneys of Florin|Roebig law firm have won millions in case awards for clients due to car accident injuries, helping them to rebuild their lives after the accidents.
What To Do After A Car Accident
If you or a loved one have been involved in a car accident, you may be overwhelmed and in shock. Knowing which steps to take after getting into an accident can offer crucial guidance for gathering evidence to support your claim. If you’ve been injured in a car accident, follow these steps:
1. Seek Medical Care
The most important thing you can do for yourself and any passengers in your vehicle after an accident is to make sure you are all safe. Check over yourself and others involved in the accident for injuries.
If you or anyone else has been injured, call 9-1-1 right away. Even minor injuries should be properly assessed by a medical professional to prevent more severe consequences and ensure appropriate medical treatment.
Keep any medical records and bills; they can be very helpful for your future personal injury claim.
2. Collect Contact Information
Collecting the contact information of all other motorists involved in the accident is very important to your insurance claim and your personal injury claim.
Information to gather includes:
- Names
- Phone numbers
- License plate numbers
- Driver’s insurance information
- Driver’s license numbers
If any of the drivers involved are uninsured, you will need to record this information as well.
These details will be important later on as you seek compensation for any resulting damages. It is important to provide other drivers with your own insurance policy and contact information as well.
3. Call The Police
When you report an accident to the police, you ensure you get a police report that you can use later as official documentation of the incident and your recorded statement. Accident reports can serve as useful evidence to support your claim.
Having a police officer on-scene may also be helpful as a mediating party between yourself and other motorists who are experiencing significant distress.
4. Get Photos Or Videos
You need to record the accident scene as soon as you are in a safe location and away from any dangerous traffic or debris. It is important that you include the time and the location of the accident in the video.
If you have a working phone, take photos of your injuries, car damage, vehicle positioning, and the license plates of all other vehicles.
All of the details of the scene of the accident can be helpful in supporting your claim because they can help you report the extent of your injuries and other damages.
5. Report The Accident To Your Insurance Company
After you have received medical attention and finished reporting the accident to the police, you will need to contact your insurance company to report the accident.
Attorney Chad K. Florin of Florin|Roebig cautions, “Be aware that insurance adjusters are responsible for minimizing claim payouts and will always try to offer you the least amount of compensation possible. It is in your best interest to seek the legal advice of a car accident attorney.”
It is important to contact an auto accident attorney with years of experience who can advise you on what to say. Florin|Roebig’s attorneys are always available for a free case consultation.
6. Contact A Florin|Roebig Car Accident Lawyer
One of the most important decisions you can make after a car accident is to contact an experienced attorney.
Attorneys can help you in more ways than you may realize, from advising you on what to say or not to say on an insurance claim to helping you file your claim, assessing all the damages, and ensuring you are filing for the maximum amount possible.
At Florin|Roebig, we are not afraid to go head-to-head with insurance companies, and we have nearly forty years of experience in car accident law. Let us fight for maximum compensation for you and your family members.
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How Florin Roebig Can Help With Your Car Accident Claim
Hiring a Florin|Roebig car accident attorney for your personal injury claim can be beneficial in a number of ways, including a greater likelihood of reaching a satisfactory settlement offer.
The good news is you can first set up a free consultation, so you do not have to lose money to learn about your options.
If you are considering hiring a Florin|Roebig attorney, the following are advantages that you would gain by doing so:
Car Accident Case Experience
For those who are not attorneys, an attorney’s in-depth knowledge can be beneficial when filing a personal injury claim. The longer a law firm has been in practice, the more experience they will have gathered in many different scenarios.
The car accident attorneys at Florin|Roebig have more than four decades of experience handling car accident injury claims and hundreds of satisfied clients to date.
A Strong Personal Injury Claim
The best attorneys will understand the types of evidence and information that will strengthen your case the most and increase your chances of successfully reaching a fair settlement.
An attorney with experience handling car accident claims will have greater insight than the average personal injury lawyer and be able to explain the process of filing a strong claim for you step by step.
Negotiating A Fair Settlement
Many people get frustrated trying to negotiate with an insurance company after getting into an accident. If you are struggling with your insurance company, you are not alone.
Our Florin|Roebig attorneys are not afraid to negotiate with insurance providers head-on; we have a successful history of doing so.
By hiring an attorney you can ease this burden by shifting the responsibility of negotiating with insurance to a legal professional who has experience in championing for injured parties on their behalf.
Client Success Stories
The biggest benefit our clients have is the peace of mind that comes from knowing you and your personal injury case are being taken care of by an attorney who cares for you and your case.
With our combined knowledge and experience, it is easy for our clients to understand why U.S. News & World Report voted us the best law firm in 2024.
The following is a real testimonial by an actual client we have helped:
After being denied coverage by my car insurance for a hit-and-run that happened to me, I thought I was going to have to eat the cost of car repairs and medical bills. Until Florin Roebig. They took care of everything. Went WAY above and beyond in helping me to repair my car and myself. I am blown away by the help I received, and the care and attention I was shown. No question was too much, no request too trivial, and definitely no stone left unturned. Kathy was assigned to help me, and I can never say thank you enough. You guys are the best there is, the best there was, and the best there ever will be <3
-Stephanie Amoruso | 4 years ago
Practical Advice for After a Car Accident
When you are involved in a car accident, the aftermath can be very chaotic and overwhelming, making it difficult to know what steps you need to take next. The following are some practical steps to keep in mind when navigating an auto accident:
- Seek medical attention as soon as possible: If you are seriously injured, you will likely be taken to the emergency room by an ambulance. Otherwise, you may be checked out on the scene by emergency medical technicians and then released with instructions to get a follow-up from your general practitioner. It is important to get this follow-up due to the fact that some injuries take longer to develop.
- Collect evidence immediately: Collect photos and videos of the scene of the accident, the vehicles involved, any injuries, and other pertinent information. You can also video witnesses giving their take on the accident.
- Contact your insurance company: Make sure you have everything you need on hand before you call your representative. This means having your policy information, medical reports, medical bills, estimates from an auto repair place, and the contact information of the other driver involved. This will help the process go smoother.
- Protect your legal rights: Make sure you do not take the blame for the accident, as this could affect your settlement. Contacting a personal injury attorney will be extremely helpful in this area, as they are aware of the important legal rights you have.
Frequently Asked Questions
The following are the most frequently asked questions by people who have been involved in a car accident.
How much do car accident lawyers cost?
Generally, car accident lawyers and personal injury attorneys work on what is known as a contingency fee basis, which means that if your lawyer does not win your personal injury claim, they do not get paid.
However, some legal offices prefer to be paid hourly, so it is important to ask which method of payment the attorney you choose will be using.
Florin|Roebig law firm always works on a contingency basis, so you are never charged any hidden fees.
Do I need an attorney for a crash that wasn’t my fault?
Even if you do not think you were at fault in a car accident, you can still benefit from legal representation, especially if you suffered serious injuries.
Because car accidents are not always straightforward, a lawyer can help prove that you were not at fault for the accident, so you are not held liable for damages you didn’t cause.
Should I hire a lawyer if no one was injured in a car accident?
While it is not always necessary to hire a car accident lawyer, especially if there are no injuries or serious property damage, hiring an attorney can ensure the claims process runs smoothly. Insurance companies often try to avoid paying the settlement that rightfully belongs to a car accident victim.
Contact Florin|Roebig today for a free case review and consultation to discuss your options.
Can a lawyer help me win my car accident case?
People who hire lawyers have a greater chance of winning their personal injury case, on average, than those who don’t hire lawyers.
An attorney will understand the personal injury laws, be able to explain them to you, help you file your claim within the courts, defend your case in court if necessary, and much more.
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How to Get Help from Florin|Roebig Attorneys
Deciding to hire a personal injury attorney is an important decision that should not be taken lightly. There are many law offices to choose from, but Florin|Roebig is the most qualified and accessible law firm.
If you are interested in seeking legal advice from our legal team, you can contact our offices to schedule an appointment.
- Our website, florinroebig.com, has an option for requesting more information.
- You can call our phone number 24/7: (800) 226-6581
- For more information regarding our services and free consultations, you can email us at [email protected]
Our attorneys have been rated number one for a reason: we are dedicated and care about your case. We will do everything we can to help you, starting with a free consultation. During this consultation, we will review all aspects of your case and develop a detailed set of options for you.
Reach Out Today
If you or a loved one have been involved in a car accident, you may need help paying for medical bills, car repair, and more. Our skilled team of car accident lawyers can help you begin the process of filing an accident claim and provide unmatchable legal representation every step of the way.
We always work on a contingency fee basis, so we won’t receive a penny unless we help you win your case. With experience in many trial cases and practice areas, we will not back down from car insurance companies if your case goes to court — we’ll fight for the compensation you deserve on your behalf.
Call or chat with Florin|Roebig law firm online today to schedule a free case evaluation with one of the nation’s leading personal injury attorney teams.
