logo for injury-settlement-guide.com
Home
Ask a Question
FREE Case Review
Required Reading: How Claims Work
Basic P.I. Concepts
Who's at Fault?
After the Accident
Compensation
How to Negotiate
Accepting the Offer
Filing a Lawsuit
Hiring Your Lawyer
Extra Info
Case Types: Car Accidents
Product Liability
Medical Malpractice
Mesothelioma
Slip and Falls
Dog Attacks
Nursing Home Abuse
Workers Comp
Wrongful Death
Other Case Types
State Laws
More Info: Articles
About
Accident Form
Site Updates
Attorney Directory:
Subscribe To This Site
XML RSS
Add to Google
Add to My Yahoo!
Add to My MSN
Subscribe with Bloglines
leftimage for injury-settlement-guide.com
 

Auto Accident Claim Information and Case Examples...

car accident with ambulance
Auto accident claims are one of the leading sources of personal injury cases in the United States legal system.

Roughly half of all car accidents result in claims and a considerable number of those become lawsuits.

With over 300 million cars on the road and six million accidents a year, auto accident claims tallied up
to 3.3 million last year.

The vast majority of injuries in auto accidents are head and neck injuries, and they're as expensive (or more) as the vehicular damage claims. While more than 85% of all car accident injuries are conducive to therapy and treatment, they still alter the victims' lives considerably. 

In any accident with even minor injuries, medical professionals should be consulted (on scene if at all possible).

The main legal principle governing fault in car accidents is negligence. The majority of car accident cases are ruled against the negligent driver. 

Negligence works on the presumption that all motor vehicle operators are taking due caution while driving and have awareness of laws needed for public safety. If not, the driver is said to be negligent.

That being said, some auto accident claims are ruled to be joint fault accidents, and even the not-at-fault driver can be held liable for anything said or done after the accident has occurred.



If you're involved in a car accident, remember the following:

1) Only give general information – your driver's license information, your insurance agent contact, and anything required by a law enforcement or medical professional to ensure that the situation is safe.

2) Do not confront the other party of the accident in an emotional or hostile fashion. Even if you aren't at fault, you can still prejudice any auto accident claim by your actions AFTER the accident.

To prove fault in an auto accident claim, the plaintiff has to show that their damages were the result of the other driver's negligence. This can make auto injury claims tricky in cases where an accident is ruled to have multiple causative factors.

A good predictor of negligent driving is prior driving history – drivers who have records of moving violations, running traffic lights, and failing to signal have a lot of prejudicial weight against them.

Drivers under the influence of alcohol or other drugs that can impair awareness, reaction time, or judgment are usually found to be at fault in a car accident lawsuit.

A very small number of auto accident claims are ruled to be no-fault claims. These occur when the cause of the accident is ruled to be a structural fault in the road, automobile, or manufacturer. These types of car accidents often get aggregated into class action lawsuits.

Read the following case examples to better understand the auto accident claim process:

Automobile Accident Lawsuit Seeking to Recover Damages for Medical Services - In this automobile accident lawsuit an insurance company is seeking to recover a payment made on behalf of an their client (believing it was a staged accident).

Personal Injury Accident Lawyer Fails to Present Sufficient Medical Evidence - In this court case the plaintiff´s personal injury accident lawyer is seeking damages after a car accident but does prove the plaintiff meets the "serious injury" threshold.

Lawsuit Involving a Teen Car Accident which Caused a Fatality - In this teen car accident the plaintiff attempts to sue the teen driver for criminally negligent homicide and other related charges.



Back Injury Case Examples:

Back Injury Lawsuit Seeking Damages for Unverified Injuries - In this back injury lawsuit the plaintiff is seeking damages for personal injuries sustained in a car crash, however he refused treatment following the accident.

Back Injury Lawyer Seeking Damages for a Plaintiff´s Psychological Injuries - In this court case a plaintiff and her back injury lawyer are asking the court for damages for injuries sustained after a car accident. The defendant is asking to dismiss the claim.

Back Injury Settlement Sought Without Proof of Serious Injury - In this back injury settlement the plaintiff is seeking damages for injuries sustained in a car accident. The defendant is able to submit medical proof the plaintiff did not sustain serious injuries.

Plaintiff Seeks Personal Injury Accident Settlement But Fails to Submit Evidence - In this personal injury accident settlement case the plaintiff is seeking damages sustained as a result of an auto accident, but he has not proven serious injury.

Spinal Cord Injury Claim With Conflicting Testimonies by Medical Experts - In this spinal cord injury claim the plaintiff seeks damages for injuries sustained as the result of a car crashing into his bicycle. Conflicting medical testimonies are given.

Spinal Cord Injury Lawsuit to Recover Damages After Being Hit by a Car - In this spinal cord injury lawsuit the plaintiff is asking the court for damages resulting from being hit by a car while waiting in the valet area of a parking lot.



Whiplash Injury Case Examples:

Whiplash Attorney Seeking Damages for Multiple Plaintiffs - In this court case several plaintiffs and their whiplash attorney are seeking damages for injuries sustained in a car accident, but they can´t prove "serious injury" as defined by law.

Whiplash Lawsuit Seeking Compensation Without Proof of Serious Injury - In this whiplash lawsuit the plaintiff is asking the court for damages for personal injuries sustained as a result of a car crash, but she fails to produce valid medical evidence.

Whiplash Lawyer Gets a Previous Ruling Dismissing Plaintiff´s Case Overturned - In this court case the plaintiff´s whiplash lawyer seeks damages for multiple personal injuries that occurred as the result of a car crash.

Whiplash Neck Injury Case Seeking Damages for a Rear-End Collision - In this whiplash neck injury case the plaintiff is asking the court for damages injuries resulting from being hit from behind while waiting in her car behind a school bus.

Whiplash Settlement Case Where Plaintiff Presents Insufficient Evidence - In this whiplash settlement case the plaintiff is seeking damages for injuries sustained in a car accident but the case is dismissed due to insufficient evidence of injury.


Return from Auto Accident Claim to the Personal Injury Settlement Guide Personal Injury Areas

How Much Is Your Case Worth?
Find out NOW! Complete this form for a FREE case
review by an experienced attorney...



The accuracy of information on this site is not guaranteed. Information on this site is strictly opinion and should not be considered formal legal advice. Under no circumstances should the information on this site be used to make decisions about the proper course of a legal matter.Click below to read our full User Agreement, Disclaimer and Copyright Information.

footer for injury settlement page