Auto Accident Claim Information and Case Examples...
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
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.

|