Imagine the moments following a serious crash. It’s a shock that nobody wants to endure and it comes with a number of questions regarding what comes next and what to expect in the process. This is especially true if you’ve sustained injuries and significant property damage as a result of the accident.
After a rollover auto accident, there will be a lot of things that need to be accomplished, but few are as important as making sure you speak with a personal injury attorney who can help you understand what’s to come and what is needed of you during the process.
Unfortunately, many individuals feel as though they don’t need to file a claim or lawsuit, or they feel like they can get through this situation on their own. This can be a costly mistake that can set you up for a disappointing result. Here are some of the reasons you should have a lawyer on your side.
Understanding Negligence and Liability
After an accident, it’s easy to point the finger at the other party and put the blame on someone else, but do you know what it means to have negligence in a car accident and actually prove liability? This is where many people encounter the first problem after being involved in a rollover auto accident.
In proving liability, there must be four factors accounted for, including the following:
- A Duty of Care: It first must be proven that the defendant had a duty of care to the plaintiff. In matters of auto accidents, any person with a driver’s license has the duty to care for others on the road in a safe manner.
- A Breach in the Duty of Care: It must be proven that the defendant did something in a negligent manner to breach the duty of care they had for the plaintiff. This can include any act of recklessness such as texting while driving, drinking and driving, or breaking traffic laws.
- The Breach Led to an Accident: In these matters, it must be shown that the breach of the duty of care was the direct cause of the accident. For instance, if the breach was texting and driving, it must be shown that the inattention was what led to the crash.
- The Accident Resulted in an Injury: In order to proceed with the injury claim portion of the matter, it must be shown that it was the accident that resulted in any physical harm sustained. This means medical experts will look at any previously existing conditions to determine if there were physical injuries before the crash.
Dealing with the Insurance Company
One of the biggest parts of an auto accident claim that people are unaware of is the involvement of the insurance companies. Most people think that all accidents go through the other party who is considered responsible. However, Massachusetts is one of the states that operate on a no-fault auto insurance system.
What does this mean for drivers? Any accident that does not result in more than $2,000 in medical expenses or serious injuries is claimed through your own insurance company under the personal injury protection policy. Your own insurance company is responsible solely for the expenses you paid for medical treatment and any other losses experienced as a result of the accident. It does not cover pain and suffering and damage to your vehicle.
If the damages were considered serious–permanent disfigurement, fractures, or loss of sight or hearing–or if the damages resulted in excess of $2,000 in medical expenses, there may be exceptions and you may be able to file a claim against the insurance company who provides coverage to the at-fault party.
It’s important to note that not all insurance companies are looking out for their policyholders and not all claims are accepted right away. There may be contention to the claim and it could make it difficult for the injured to seek compensation. Having your own legal counsel can position you in a more favorable manner to seek the damages you need without having to worry about the insurance company wrongfully denying a claim.
Access to Resources You Need In an Accident
After any kind of auto accident, pursuing a claim can be difficult and you may require additional help in showing liability and fault. Part of this means ensuring you have specific resources that you can use during the process so that you can show the other party should be responsible for the damages you have sustained.
For instance, having an accident reconstructionists can help you use photos you may have taken after a crash to show if another vehicle was involved, the angles at which a crash occurred, and how it would have happened. This makes it important to take photos for evidence after the crash, including pictures of the scene of the accident, of all damage to both vehicles, and any visible injuries.
A lawyer can also help you speak with a medical expert who can show that you did, in fact, suffer injuries and that they were a direct result of the accident in which you were involved. This can prove crucial when you are pursuing a claim for compensation.
Before you do anything in the matter, it’s imperative to speak with a car accident attorney in Quincy. You can get the help you need through the process and get your life back on track.
With our firm on your side, you can have peace of mind knowing that your matters are our top priority. We offer free consultations in your home or hospital so you can get the answers you need about what legal options are available to you and what comes next. You can count on us to be there for you during this difficult time and help guide you through the process with a focus on your best interests and help you seek the compensation you need during this difficult time.