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Ways a Personal Injury Lawsuit Can Impact a Family

Answering the Most Commonly Asked Questions Related to Car Accident Cases

Home » Answering the Most Commonly Asked Questions Related to Car Accident Cases

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January 26, 2024 by Krystle Cook
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Car accidents are very common in the US. Usually, they result in minor fender benders. But sometimes, car accidents can cause serious damage to the victims. Victims will sustain physical, mental, and financial losses.

Luckily, these losses can be recovered with the help of car accident lawyers. These lawyers assist victims in filing a claim and obtaining compensation for the losses they incurred due to the accident.

Most victims are not aware of the legal steps they need to take following a car accident. It is important to be knowledgeable about personal injury law. This knowledge can come in handy when you get hurt in a car accident.

This blog post answers the five common questions car accident victims may have. Read on.

What types of damages can I recover in a car accident claim?

A car accident victim will suffer many types of losses, along with severe injuries like burns. All these losses can be categorized into two types: economic and non-economic.

According to a personal injury attorney in Wichita, car accident victims will sustain the following types of damages:

  • Medical bills
  • Property repair costs
  • Lost wages
  • Loss of earning capacity
  • Pain and suffering
  • Mental distress
  • Loss of companionship

Other than compensatory damages, you can claim punitive damages in rare cases. The judge awards it in cases where the defendant’s actions were egregious.

Do I need an attorney?

The short answer is yes. An attorney’s role in car accident cases is invaluable. Insurance adjusters tend to cheat accident victims because that is how they make a profit. 

Attorneys can prevent this from happening. Insurance companies will hesitate to cheat victims who have legal representation.

Other benefits of hiring an attorney include:

  • Access to private investigators
  • Access to expert witnesses
  • Accurate calculation of losses
  • Negotiate with insurance companies

These benefits make hiring an attorney a necessity.

Should I accept the insurance company’s first offer?

As I said, the goal of insurance adjusters is to cheat you. They make the first offer because, at that time, you will not know the true worth of your case. 

Before accepting an offer, you should know the full extent of your losses. Sit with the lawyer and calculate your economic and noneconomic losses. 

Only accept the offer if your lawyer tells you to.

How non-economic losses can be calculated?

Ways a Personal Injury Lawsuit Can Impact a Family

Calculating economic losses is fairly easy when compared to non-economic losses. Non-economic losses are emotional losses a victim sustains due to the car accident. Since these losses are personal to the victim, it is hard to compute them.

Lawyers use one of the two following methods to calculate the losses:

  • Per-diem method: In this method, you will be assigned a value for your day. You will receive this value until you completely recover. Usually, this value will be your daily wage.
  • Multiplier method: Depending on the severity of your injuries, you will be assigned a number between 1.5 and 5. Your economic losses will be multiplied by this number to arrive at your non-economic losses.

Is there a time limit to file a car accident claim?

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Yes, there is a time limit to file a car accident claim. Usually, victims must file a claim within two years from the date of the car accident. However, it differs in every state. This time limit is known as the statute of limitations.

Once this time window expires, victims cannot file a claim. However, if the victim is a minor, the statute of limitations doesn’t start until they turns 18.

Wrapping Up

Hope you learned the answer to the question that was itching you. Learning about personal injury is great, but remember it doesn’t make you a lawyer. If you were hurt in a car accident, hire a lawyer immediately and let them handle your case.

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Category: LifestyleTag: car accidents

About Krystle Cook

Krystle, creator of Home Jobs by MOM, swapped her psychology degree for motherhood adventures. Now in Kentucky with her husband and teenage sons (15 & 19), she balances cooking, DIY projects, and launching her next business venture. Texas-born but Kentucky-living, she’s still sharing her journey as her family grows up.

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