If you’ve been in a car accident, a lawsuit is a way to receive compensation to pay for vehicle damages, medical bills, lost income, and more. Car accident cases can be complicated and expenses can arise from property damage and other unforeseen consequences. Engaging a car accident attorney or a personal injury attorney can help you navigate a car accident case effectively.

But when is a lawsuit an option? Learning about car accident lawsuits can be difficult and understanding your insurance coverage is crucial. That’s why the car wreck attorneys at Ornelas & Serna Law, a trusted law firm with experienced car accident lawyers, are here to help you with your claims and provide a case evaluation at no additional fees, even for validation purposes.

Car accidents can be a traumatic experience, and the aftermath can be overwhelming. It can be difficult to know what to do and who to turn to for help. That’s why the experienced car wreck attorneys at Ornelas & Serna Law are such a valuable resource for those who have been injured in an auto accident.

Our team of experienced car accident attorneys, including personal injury attorneys, are well-versed in the complexities of car accident law, insurance claims, and car accident lawsuits. They can provide the best possible legal representation for those who need it during the car crash aftermath. We understand that car accidents can be a traumatic experience, and they are dedicated to helping their clients through the process, achieve a successful judgment in their favor, and secure a fair insurance claim settlement.

Determining Liability

Establishing who is responsible for the car collision is the first step. If you are totally accountable, filing a lawsuit against the other motorist for your own damages or medical costs is bound to be futile. A seasoned car accident attorney can assist you in analyzing who was to blame for the incident and can also aid you in determining what recompense you are qualified to receive based on your percentage of fault.

Dependent on the state you are in, either a contributory, comparative, or modified comparative carelessness model is in effect. If you dwell in a contributory negligence state, for instance, even being one percent liable for the accident could exclude or reduce recovery. Other states provide compensation in line with each party’s level of negligence.

In this instance, the other motorist is to blame.

This is the most important criteria for a car accident case. If the wreck occurred due to the other driver’s negligence, they are at fault, and their car insurance should compensate you for any damages. While fault is often obvious, the general criteria to determine fault include:

The other driver did not drive safely
Their driving caused the accident
You incurred injuries and/or financial loss due to the accident

Call Ornelas & Serna Law for a free consultation to evaluate your case and determine if you should file a suit. Their experienced car accident attorneys can assist you with every step of the process, providing invaluable guidance and support for validation purposes.

Sometimes, the fault of the accident is disputed. In this case, you should hire a car accident attorney immediately to fight for you and ensure you get the compensation you deserve.

Suing the At-Fault Driver

If you have already submitted an application for financial compensation to the insurer, yet have not acquired the reparation that you believe is your due, then your next move is to file a lawsuit against the driver for negligence. You have a lawful entitlement to initiate legal proceedings against the offending driver for any injuries sustained due to the incident, which also encompass the exacerbation of any prior harm.

Unless the insurer has been guilty of bad faith or has deliberately overlooked a payment that the law requires them to make, most states do not allow you to sue the insurance company directly.

If the other vehicle does not possess insurance, you have two alternatives. Initially, you can take legal action against the driver individually, seeking settlements for damages and assets. It is important to consider: those who lack auto insurance may not have sufficient funds to cover costs in legal proceedings. Despite a successful legal claim against the offending motorist, you may not be able to acquire remuneration.

What if the At-Fault Driver Doesn’t Have Insurance?

If you are injured in a car accident, you should receive compensation for medical bills. Even in a minor accident, bills can add up, including ambulance services and any necessary police involvement. Things you should include in your claim for compensation are:

After making a claim for the cost of any of these that apply, the other driver’s insurance company should offer compensation. Insurance companies sometimes don’t offer full compensation, requiring negotiations to reach a settlement. At this point, it’s best to have a personal injury lawyer help you negotiate and possibly file a suit for compensation.

Making a Claim

Special considerations can arise in personal injury cases that require the expertise of a lawyer. For instance, if the person who caused the injury was a minor, the laws governing the case may be different than if the person was an adult. In some cases, the person may not be held accountable for their actions in the same way as an adult would, due to their age.

This is because the law recognizes that minors may not have the same level of understanding or maturity as an adult, and therefore may not be able to comprehend the full consequences of their actions.

Medical bills
Prescriptions
Lost wages and earning potential
Ongoing medical costs
Pain and suffering
Mental anguish

Not every car wreck is caused by a negligent driver. You can still sue for personal injuries if an outside force caused the accident. For example, a defect in your vehicle may result in a suit against the manufacturer, and a dangerous flaw in the road may be a cause to sue a government agency.

Process of a Personal Injury Claim

Filing a personal injury claim can be a daunting and overwhelming task, especially if you are unfamiliar with the legal system. The first step in filing a personal injury claim is to contact a lawyer who specializes in this area of law. The lawyer will review the facts of your case and provide you with a comprehensive understanding of the legal issues involved.

They will be able to explain the applicable laws and regulations, as well as the potential outcomes of your case. They will also be able to provide you with advice on the best course of action.An attorney can assist in obtaining equitable remuneration for you. Auto collision cases are intricate and insurance providers possess legal advisors on their team.

Unusual Circumstances

Obtain specific legal counsel and pose queries regarding your incident to a lawyer. A few lawyers provide free reviews. If you require an advocate, search for one without delay.

If you’re unsure of the next steps after a car accident, count on the personal injury experts at Ornelas & Serna Law to find the best path forward and help you fight for the compensation you deserve. Contact us today for a free consultation.

Can I Solve This on My Own or Do I Need an Attorney?

Obtain specific legal counsel and pose queries regarding your incident to a lawyer. A few lawyers provide free reviews. If you require an advocate, search for one without delay.