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When Should I Contact an Attorney Following an Auto Accident?
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Car wrecks can be a traumatic experience for those involved , especially when people are injured, often severely, and require hospitalization. Many car accidents may occur due to circumstances beyond the control of the drivers involved. Fender-benders are often minor and result in no, or few, injuries. Alternatively, when a serious accident occurs, severe injuries may result. In that situation, an attorney may be necessary in order to pursue any appropriate legal claims that arise and help protect the rights and interests of the injured party. Many personal injury claims stem from motor vehicle accidents, which may be caused from a variety of circumstances. Likewise, injuries that result from an auto accident may differ greatly in type and severity. The potential legal claim and possible damages will depend on the circumstances of the accident and injuries sustained.
Common Auto Accident Injuries
Back Injuries
Back injuries are often serious and may involve dislocation and damage to areas of the back and spine. Injured areas may include the bones, vertebrae, muscles, ligaments and discs. Treatment will depend on the extent and type of damage sustained. Back injuries can also lead to instant or eventual paralysis of the body, depending on the severity of the accident and the adequate availability of post-accident medical treatment.
Whiplash
Whiplash is an injury commonly caused by a car accident. This injury may occurs when a driver or passenger’s neck is shaken violently, causing a soft tissue injury. Soft tissue injuries may vary in symptoms, severity and extent of damage. Although some soft tissue injuries may heal rapidly, others may require ongoing medical treatment and therapy. The most severe soft tissue injuries may even be permanent and may make the injured party more susceptible of developing a degenerative disc disease in the future.
Head Injuries
Head injuries are often dangerous and some are fatal. Serious blows to the head can cause varying degrees of injury, ranging from mild, moderate to severe. A range of symptoms can signal a head injury. Some symptoms may be more obvious, such as a headache, dizziness, nausea, slurred speech, memory loss and confusion. Other symptoms may become apparent to other persons, although the injured individual remains unaware, such as changes in behavior, mood and personality. Any person with a head injury should seek medical treatment as soon as possible. The extent of the damage and necessary treatment may vary depending on the severity of trauma and resulting brain injury.
Knee Injuries
Knee injuries can be serious and require ongoing medical treatment. Damage to the knee can include tendon, muscles, ligament and bone injuries. The healing process may be time consuming, painful and expensive. Knee injuries can also lead to disabling degenerative problems in the future, which can affect all aspects of daily life.
Legal Rights and Causes of Action
Causes of action refer to legal claims a plaintiff can make against a defendant. In personal injury cases, claims are either based on an intentional tort or negligence. If the defendant intentionally committed the act that caused the plaintiff’s injury, this would be an intentional tort. This type of claim in not commonplace when the injury was the result of a motor vehicle accident.
Most personal injury claims are based on negligence. In order to prove this claim in court, the plaintiff must be able to show that the defendant owed a duty of care to the plaintiff , the defendant breached his or her duty, the defendant’s breach caused the plaintiff to be harmed and that the plaintiff suffered injury as a result. If the plaintiff can prove these elements to the court, he or she may be awarded damages. Damages refer to compensation for the injured party’s loss and may include property damage, medical bills, future medical treatment, lost wages, pain and suffering and others depending on the facts of the case.
A wrongful death claim may also be applicable for family members who have lost a loved one due to the defendant’s actions (or inactions). In such a claim, the plaintiff (family member) may be seeking compensation for loss of consortium, loss of future income, medical bills, funeral costs and other expenses the family has incurred as a result of the loss of their loved one.
When to Contact an Attorney
If you, or a loved one, have suffered injury due to an automobile accident, it is important to consult an attorney. Even “simple incidents” may lead to damages and serious injury. Without the assistance of legal counsel, injured parties may not be aware of their rights and legal options, including the right to compensation for their injuries. Additionally, insurance companies will often be involved in a situation involving a car accident. The settlement offered by an insurance company may not cover future expenses that stem from the injury. This is especially true in cases where symptoms are not immediately apparent or when the injury creates more serious degenerative problems down the road. To make sure you and your family members are protected, speak to a personal injury attorney to look out for your best interests and explore all possible legal claims.