Being involved in a car accident can be an unforgettable experience to a person due to the problems and sufferings that it will bring. Although there is information known to most drivers regarding the importance of safety driving, the prevalence of car accidents still linger. In addition, car accidents still causes injury and death to a number of people.
Facts and Statistics Regarding Car Accidents in the United States
Car accidents remain one of the leading causes of injuries as well as deaths in the United States. These incidents brought about more than 120,000 fatalities since the year 2003.
Records from the National Highway Traffic Administration showed that there are around 43,000 persons who were killed in 2006 alone due to their involvement in a car accident. One person dies every 13 minutes due to car accident. Injuries that are Obtained Due to Car Accidents Injuries obtained due to a car accident can cause the victim to suffer continuously or for a certain period of time. Some of the injuries obtained by people as a result of being involved in a car accident include:
?internal injuries
?bone fractures
?post-traumatic distress
?spinal cord injuries
?internal hemorrhage
?brain injuries
?neck injuries
?burns
?severe wounds
?amputation
?misalignment of bones
Injury Claims in Car Accidents
Terrible effects of a car accident do not limit the suffering experienced to the actual person who was involved. His/her family also experiences hardship when a person member experiences such an ordeal.
Persons who are injured in a car accident may file a lawsuit or compensation claim for the damages they acquired. The claim that is sought by the person injured may cover the following:
?expenses for hospital and medical treatment
?emotional distress
?the person's actual loses
?economic damages
?physical pain
In car accidents that occur due to the negligence of another, the damages that may be obtained by the person injured may vary depending on certain factors including:
?the extent of the defendant's liability
?the amount wages that the victim lost
?the level of injuries that were obtained by the victim
?accessibility of the insurance coverage
?the sum of money that is needed for the medical treatment of the person who sustained injuries
?sum of property damages
Four Stages in Filing Your Car Accident Claim There are certain procedures that are followed when a person who was involved in a car accident files a claim. The four procedures are:
?Formal Investigation- In this stage, the insurance adjusters will conduct an investigation in order to know who committed a mistake in the accident. In addition, the investigation is done to know the scope of the liability of the person at fault to the victim in the incident.
?Settlement Proposal- To speed up the person's recovery, the may think of entering a negotiation proceeding.
?Demand Latter- If the person is not content with regard to the settlement proposal, he/she can submit his/her demands to the insurance company of the person who is at fault in the incident. The person may write down his/her own analogy regarding the accident.
?Court Action- If the insurance company or the other part failed to act according to demands of the person who was injured; it is the right for him/her to file formal charges in court.
Call Car Accident Personal Injury Claim Lawyers Obtaining injuries in a car accident can bring you and your family various problems. When you or someone you know is involved in such an accident, there are car accident personal injury claim lawyers that will help you file a claim against the person who is at fault in the incident.
A personal injury claim does not purely involve court battles. It is a general practice rather for courts to compel the opposing parties to have their cases be settled “out of court" through any of the allowable alternative dispute resolution processes. Normally, this endeavor may proceed even before or while the formal trial in court is on going.
Entering an Alternative Dispute Resolution Alternative Dispute Resolution (ADR) includes a wide array of processes in settling arguments of the opposing parties outside the court or any government judicial procedure. Usually, both parties result in these settlements in order to lessen their burden of paying legal fees. More so, ADRs seek to avoid those complicated and time-consuming legal arguments in the trial proceedings.
Major Types of ADRs •Negotiation – This ADR process involves voluntary participation between the plaintiff and the defendant. However, this practice does not necessitate a third party to facilitate the process of resolution or impose a decision •Mediation – In this method, a third party or mediator is needed to assist in the resolution process. A mediator may then suggest his proposal after hearing the arguments of both sides. Nevertheless, he cannot impose any resolution on the conflict. •Arbitration – Like in mediation, this approach requires a third party or arbitrator to hear both parties and to act as a private judge. An arbitrator can impose a resolution if the plaintiff and the defendant have agreed to resolve their conflict through this kind of process. Yet, the parties may still appeal the result to a proper court if they do not agree with the verdict. •Conciliation – This aims to resolve an argument through reconciliation process in which a conciliator tries to build a positive connection between the two parties. A conciliator facilitates communication and therefore attempts to clarify the misconception between the disputing parties.
Tips when Engaging on an ADR
•Be firm with your targeted recovery or settlement •Prepare for the process proficiently by analyzing the merits of your case and gathering much information •Demand for a just settlement based on your past and expected expenses and other losses such as medical bills and wages. •Control your emotions •Listen closely on the other party’s statements •Carefully examine the concessions offered by the defendant and do not just be carried away by those large offers.
Seeking for the Right Advocate The secret of having a successful settlement procedure depends on the capability of your chosen litigation lawyers. Thus, hiring a legal counsel who has an extensive experience and skills in going through these procedures is very much advisable. This will give you a better chance of obtaining a just settlement for your case.
Both Jan Camille Canivel & Rainier Policarpio are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.