Auto Accident Lawyer

Auto Accident Law Firm

What is a No-Fault State?

No-fault states are states that require motorists to have a minimum amount of personal injury protection insurance coverage. Some no-fault states may also require drivers to have property damage liability and bodily injury coverage. When a driver in a no-fault state is involved in a motor vehicle collision they will file an insurance claim with their insurance provider to recover compensation that will cover the cost of their medical bills and a portion of their lost wages, if they miss work due to their injuries.

What is Personal Injury Protection (PIP) Insurance?

When a driver is involved in an auto accident in a no-fault state, recovering compensation requires filing an auto insurance claim with their insurance provider. 
Under PIP coverage, a car accident victim can recover compensation for medical bills to treat the injuries they sustained in the accident, regardless of which driver was at fault. 
After a motor vehicle collision, PIP covers the following types of damages if a driver is injured in a car accident:

• Medical and rehabilitation expenses.
• Loss of income (typically up to 80%).
• Other reasonable expenses.

In many cases, no-fault insurance will have a maximum coverage limit of $50,000 per person.

Property Damage

While PIP insurance is used to pay for a driver’s medical bills, the other driver may still be responsible for paying for property damage, if they were negligent and their negligence caused the accident.

Does PIP Insurance Cover Non-Economic Damages?

PIP insurance does not cover the cost of non-economic damages, such as pain and suffering and emotional distress. No-fault states allow a car accident victim to go outside the no-fault system and file a personal injury lawsuit against the negligent driver if they suffered a serious injury that required medical treatment that exceeded their PIP coverage. 

In some no-fault states, the injured driver can opt out of the no-fault system and file a personal injury lawsuit to pursue economic and non-economic damages.

Filing a Car Accident Lawsuit in a No-Fault State

If the damages sustained in an auto accident include permanent or severe injuries and the treatment required exceeds the PIP policy amount, the injured party may be eligible to file a lawsuit against the negligent driver.

What is Considered a Serious Injury?

Only certain injuries are considered serious enough to warrant litigation. What is considered a serious injury can vary from state to state. 

In some cases, the following types of injuries will qualify as a serious injury under state law:

• Death.
• Loss of a fetus.
• Significant disfigurement or scarring.
• The permanent loss of use of a body organ, member, or system.

To determine whether the injuries you sustained in a car crash meet the serious injury threshold, speak with a car accident lawyer at Parker Waichman LLP. We can meet with you to evaluate your case and determine if you’re eligible to pursue compensation in court.

How Can a Car Accident Attorney Help?

If you were involved in an auto accident and suffered a serious injury, you may be entitled to compensation if your medical costs exceed your personal injury protection coverage. When you meet with a car accident lawyer at Parker Waichman LLP they can review your case to determine whether you should file a lawsuit and pursue compensation from the negligent driver in court. If you have a valid case, your car accident attorney can help during this challenging time by:

Investigating the accident

Gathering evidence

Interviewing witnesses

Consulting with experts

Filing a lawsuit

Handling all communication with the defense attorney

Representing you in mediation

Representing you in mediation

Representing you in court

Filing a Lawsuit

While pursuing your car accident lawsuit, you can expect a Parker Waichman attorney to:

Prepare Your Initial Court Filings And Subsequent Motions

Documents submitted to the court that do not comply with formatting rules may be rejected by the court without being filed and without any ruling on them. Your attorney will be well-versed in these requirements and able to ensure that any necessary documents are properly formatted and filed in a timely fashion.

Help You Secure Witnesses And Evidence

Your claim for compensation will not be successful if the only evidence you can present is your own testimony. Other witnesses (sometimes including experts in accident reconstruction or other fields) and evidence like reports, diagrams, and photographs must also be presented in support of your assertions. Your vehicle crash lawyer not only will know the quantity and type of evidence most likely to help your claim prevail but can assist you in locating and securing the attendance of witnesses.

Equip You And Your Family With Information So You Can Make Good Decisions About Your Case

Your attorney can help you through the decisions that arise during a case, so you understand the ramifications of choosing one option over another. For example, your attorney can explain the terms of a settlement offer made by the other party and help you understand the positives and negatives of accepting the offer. We’ll be here to answer all of your questions in a timely manner, so you can rest assured that your case is in well-qualified hands.

Our experience and knowledge enable us to provide a real benefit to our clients in and out of the courtroom. With an attorney from Parker Waichman on your side, you’ll be better prepared to successfully resolve your case and address any challenges or obstacles that may prevent or delay you from receiving compensation.

What Damages Can I Recover in a Car Accident Lawsuit?

The compensation you’re entitled to will depend on many factors and the circumstances surrounding the accident. 

In some cases, car accident victims can pursue compensation for the following types of economic and non-economic damages:

• Medical expenses that exceed PIP policy limits.
• Emotional distress.
• Pain and suffering.
• Future medical expenses.
• Permanent disability.
• Property damage.

  And More.

At Parker Waichman LLP, our experienced car accident attorneys will carefully investigate your case and assess damages to ensure you pursue every penny of compensation you’re entitled to.

What Do I Need For A Successful Car Accident Lawsuit?

A successful car accident lawsuit requires evidence showing that one or more other people engaged in careless behavior and that this behavior was the sole or primary cause of your injuries. Unfortunately, it is not always clear whether the line between reasonable and unreasonable behavior has been crossed. If you fail to prove negligence in your case, then your claim for compensation will be denied.

Other factors that will affect the success of your case include:

• Negligence on the parts of both parties; in some states, if you bear any responsibility for your own injuries, this will affect your ability to collect compensation
• Failure to seek prompt treatment for your injuries, which can also be considered careless behavior
• Inability to prove the monetary value of your crash-related expenses and losses
• Whether you took legal action within the statute of limitations. If you waited too long to file your car accident lawsuit, a court may dismiss your lawsuit no matter how much harm you suffered or how clear the evidence of the other driver’s carelessness is.
• Skilled legal counsel can give you a significant advantage in pulling together the evidence and testimony you need to prove your economic and non-economic losses. When you contact our experienced team, you can rest assured that you’re working with the best car accident attorney for your case.

How Much Does it Cost to Hire a Car Accident Lawyer?

The hourly rate for a car wreck attorney varies depending on the skill and experience of the attorney, but when you work with Parker Waichman, you won’t have to worry about the cost of representation: We work on a contingency-fee basis, meaning that we get paid out of a portion of your jury award or settlement, not out of your pocket. If you do not get compensation, we don’t get paid.

Common Causes Of Car Accidents

Offending drivers make many types of irresponsible decisions that can support a claim for compensation, including:

Distracted Driving

Gathering Driving while under the influenceevidence

Speeding

Failing to follow traffic laws

Unsafe lane changes

Following too closely

Running red lights/stop signs

Running red lights/stop signs

Poor road conditions

When you have been hurt in a car wreck caused by another careless driver, you do not need to remain in the role of a victim.

You can take charge of your life and your future by acting swiftly to protect your legal rights.

When you hire a car crash attorney at Parker Waichman, you can feel comfortable knowing that we have a record of success: We’ve obtained more than $2 billion for our clients through verdicts and settlement agreements, and we’ll work hard to help you win so you can get the compensation you deserve.

If you’ve been searching for “the best car accident lawyer near me,” you need look no further - Call 1-800-YOUR-LAWYER (1-800-968-7529) or contact us online today to get a free consultation.