If you or someone you know has been seriously injured in an auto accident you should always consult with a lawyer. The attorneys in our national network include some of the finest trial lawyers in the country whose goal is to pursue justice and maximize the recovery for your loss. Car Accident cases (as are most personal injury claims in the United States) are handled on a contingent fee basis. The attorneys fee is deducted from the settlement at the conclusion of your case, so the client pays no fee unless the case is successful.
In general, you should hire an attorney and seek damages for your loss including pain and suffering against the operator of a motor vehicle if:
1. Death is caused;
2. A fractured bone is suffered;
3. Permanent and serious disfigurement is caused;
4. A "sense" is lost such as hearing, sight, taste or smell;
5. Loss of a body member is suffered;
6. Or, where your reasonable and necessary medical bills equal or exceed $2,000.
Proof of any one of the elements above typically require that you obtain your medical records from the institutions or individuals by whom you were treated as a result of the accident. Your attorney may obtain your medical records for you upon receipt of your written consent typically in the form of a Release. You may then decide with the advice and counsel of your attorney whether you should pursue your action against another party for damages.
Types of Money Damage Claims Against the Operator of Another Motor Vehicle
Generally, most civil actions that involve an automobile accident are based on the allegations of negligence.
Put simply, negligence is the failure of another to use due care in the operation of the motor vehicle with whom you had an accident. A claim against another, however, is based upon two facets that insurance companies will use in evaluating your claim: the issue of liability and the calculation of damages. The liability element of the claim is where an insurance carrier will assess who was at fault in the accident. While the allegations of negligence against the driver concern the liability element of the claim, there are a number of separate legal causes of action that concern the damages alleged.
Typically, in cases where serious injury has resulted, a plaintiff will have claims for pain and suffering, which is defined above; negligent and/or intentional infliction of emotional distress; and loss of consortium.
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