Automobile Accidents

Almost all states require some form of auto coverage insurance. This may include Bodily Injury Coverage, Personal Injury Protection, Property Damage Liability, Collision Coverage, and even Uninsured Motor Coverage. Depending on the state, the coverage level will vary greatly. For instance, you may only be required by to carry $25,000 in bodily injury coverage. While a relative residing across the country may be required to carry $50,000 in bodily injury coverage.  And while mandated requirements are often used as guides by drivers when selecting their policies, these coverage levels are not always enough to cover the cost of an accident. So what happens if you are underinsured and at fault in an accident?

The course of action will vary greatly depending on whether you are in a state with no-fault laws or traditional tort insurance laws. In states with no-fault laws, your insurance company will pay your damages while the other party’s insurance company will be responsible for theirs so if you choose to carry low levels of coverage the amount you receive after an accident will be capped by the coverage you selected. In states where traditional tort insurance laws exist, fault is established and the party at fault is responsible for the damages. If the driver at fault is underinsured in a traditional tort state, both parties may be in trouble.

Following the accident, your insurance company will seek to settle all claims as soon as possible. Even if you carry the lowest possible coverage, your insurer is responsible for your legal representation. If the opposing party has injuries exceeding your coverage level, and has Underinsured or Uninsured Motor Coverage, he or she may be able to collect the difference from this policy. However, if they don’t have this extra protection net from their own insurer or the damages exceed the policy limits, the injured party may file a lawsuit against you where your personal assets are at risk. 

In selecting an auto insurance policy, you might consider purchasing coverage above the minimum limits to protect your assets and livelihood. While a limit of $25,000 may seem high, the costs of healthcare continue to soar and just a one week stay at a hospital following an accident can easily exceed that amount.

Should I Sue for My Injuries?

Whether you’ve been injured as result of a car accident, fall at the local market or a bite by a neighbor’s pit bull, you may be asking yourself, “Should I Sue?” Most people think they should, and that a sizable settlement payment will be forthcoming.

In our legal system, a negligent party is expected to pay for damages you incurred because of the accident or injury, such as medical costs, lost income, property damage, and pain and suffering. In certain cases, punitive damages may be awarded if a person’s conduct was malicious or intentional. Nevertheless, just because you have been injured does not necessarily mean that you should file a lawsuit, a decision which rests on multiple factors.

Such factors include the seriousness of your injury, the level of fault that rests with the negligent party, and your own liability for involvement in the accident or causing your own injury. One of the biggest considerations, however, is whether the wrongdoer has the financial means to pay any judgment that you may be awarded. If the defendant is insolvent, your judgment may prove to be worthless – but your attorney and other professionals involved in your case will expect to be paid.

Accordingly, insurance coverage is a significant consideration. Although the defendant may have few assets from which to collect a future judgment, there may be sufficient insurance coverage available to pay any eventual judgment. Note, however, that most insurance policies typically do not cover intentional torts.

An experienced personal injury attorney can help you review the various risks and benefits of pursuing a lawsuit, in light of your specific circumstances. Before deciding whether to undertake the time and expense of litigation, you must carefully weigh your involvement in any comparative or contributory negligence, what evidence will be necessary to prove your case and the amount of damages you should be awarded, and the availability of assets or insurance to secure payment of a future judgment.
 

Common Injuries in Automobile Accidents

If you have been involved in an automobile accident, you may be seriously injured and not even realize it. At least, not immediately. Serious injury can occur even in slow or low-impact collisions, and accidents which cause no damage to the vehicle. For example, accident victims can suffer from “whiplash” in collisions involving a sudden change in vehicle speed of just 2.5 miles per hour.    

Motor vehicle collision injuries range from minor cuts and scrapes to catastrophic, life-ending trauma.  Bleeding, broken bones or bruising are obvious indications that a driver or passenger has sustained an injury and needs treatment. However, there are also less-obvious injuries that are much more difficult to diagnose and treat, including myofascial injury (“whiplash”) and mild traumatic brain injury.

“Whiplash” is one of the most common auto accident injuries. The Insurance Institute for Highway Safety recognizes whiplash as “a range of neck injuries related to sudden distortions of the neck that commonly occur in rear-end crashes.” Specifically, this term may refer to a cervical strain, cervical sprain or hyperextension injury. Any sudden impact, even at very low speeds, can cause a whiplash injury to the ligaments, muscles and vertebrae in the neck or back, although the damage may not become apparent for several hours or days. A whiplash injury can be mild, such as a muscle strain, or more severe, including nerve or disc damage, ruptured ligaments or vertebrae fractures.

Treatments for whiplash can include ice, anti-inflammatory medications (such as ibuprofen), physical therapy, chiropractic adjustments, muscle relaxants, massage therapy, or immobilization of the neck or back with a cervical collar or brace. In cases involving severe muscle or ligament damage, cervical traction or surgery may be required. Recovery time for a whiplash injury is typically between a few weeks and three months. Untreated whiplash victims can suffer lasting effects, including chronic pain, an increased susceptibility to future neck or back injuries and posture problems.

Mild traumatic brain injury (MTBI) is a high-level concussion, defined by the Brain Injury Association of America as a “physical injury to the brain that causes a disruption of normal functioning.” MTBI involves a loss of consciousness or loss of memory before or after the accident. There are a wide range of MTBI injuries, from a temporary disruption of normal brain activity to permanent brain changes that affect how a person functions physically, mentally, emotionally and behaviorally. Early MTBI symptoms can include mild symptoms, such as headache, dizziness or confusion. In later stages, MTBI sufferers can face difficulty concentrating, irritability, anxiety, depression, fatigue or a quick temper. These later stage symptoms can be difficult to attribute to the auto accident because they only become apparent long after the injury was sustained.

In the immediate aftermath of an accident, the body’s natural physiological responses often mask the soft-tissue injuries that can occur. But once your body has had a chance to relax, you may experience a number of symptoms related to the accident, including neck and back pain, limited range of motion, muscle spasms, headaches, dizziness, difficulty maintaining balance or equilibrium, shooting pains, muscle soreness, numbness or tingling in the extremities, emotional and behavioral disturbances, or memory and concentration difficulties.

If you have been injured in an automobile collision, your attorney may require the assistance of an experienced accident expert to help prove who is at fault for the accident. Generally, in order to recover any compensation for your injuries or property damage, you will have to prove that the other party was somehow negligent. Accident reconstruction experts are professionals who have obtained specialized training in order to analyze the physics of the accident scene, determine vehicle speeds and movements, and effectively communicate their findings to the court or insurance company representatives.