If you are involved in a car accident, it can result in significant stress and unexpected burdens on your life. As you navigate the aftermath of an automobile collision, you must decide whether you will hire a car accident attorney to represent you in the matter. Car accident victims are often not sure whether a lawyer is necessary for their car accident insurance claim and whether hiring an attorney can make a difference in their case.

There are some limited instances where hiring a car accident attorney might not be necessary. However, the reality is that in most car accident claims, a lawyer can help you fight for the maximum compensation available, and it is in your best interest to hire an experienced car accident attorney.

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If You Are Injured

Getting an attorney involved is most important if you are injured in a car accident. Your injuries may be minor and heal with rest and time, or they may be severe, significantly or permanently affecting your daily life. Regardless of how severe your injuries are, it is always a good idea to consult with an attorney as soon as possible if you have been injured.

In some cases, you may not realize you have an injury while at the crash scene or even in the hours after the crash. You may begin to experience new pain, discomfort, or limitation in the next few days that reveals an injury. This is quite common with brain injuries and neck/back injuries.

What initially appears to be a minor injury may also worsen over time or cause complications, such as an infection. Recovery does not always follow the same timeline or progress predictably. Thus, you should seek medical attention after a crash and then contact an automobile accident attorney.

If the Damage to Your Vehicle and Property Is Serious

If you are in a car accident in which the damage to your property is significant, an attorney may be able to help you seek compensation for your losses. Property damage limits and coverage may not be sufficient to cover your property losses. Although you may think a lawyer is unnecessary in a car accident without injuries, you can run into trouble if you have expensive damages and seek significant compensation in the claims process. A car accident attorney can represent your interests and help you prepare and file a claim that seeks the maximum money available to cover your losses following a crash.

When There Are Multiple Motorists Involved

While many car accidents only involve two vehicles, crashes can involve multiple vehicles. With every additional vehicle involved in an accident, the legal issues become more complex. Knowing which parties are liable and the insurance coverage available in a multi-car accident is often difficult to determine. It may not be clear who is responsible for paying your damages.

Additionally, when there are multiple victims, it is more likely the insurance policy limitations will be less than the total damages, which can leave you with more losses than what an insurer offers you in compensation. After hiring a lawyer, you can rest easy knowing that they are in your corner fighting to guarantee your compensation. They will represent your interests and seek the best possible outcome for you amongst the many other parties involved in the claim.

When There Is a Dispute of Liability

You do not know what determination an insurance company will make regarding liability. While you may have some indications of who was at fault because of the police report, an insurer is not bound to follow the findings of a law enforcement officer. The insurer may consider other evidence that leads them to a different outcome when determining who is liable for the damages in a car accident. It is not uncommon to face an unexpected claim denial.

If you believe an insurance company has unfairly denied your claim or is going against the evidence in the case, consult with a car accident lawyer immediately. In some cases, a lawyer may help you reverse an insurance claim denial through negotiations, or they can take the insurance company to court to fight their determination of liability.

How Can an Attorney Help You After a Car Accident?

Having an attorney can fundamentally change the outcome of a car accident claim. The insurance company in charge of processing your claim has its own lawyers ready to protect the company’s interests. A party that knows they are at fault for a collision and damages may have an attorney representing them personally to protect their assets.

Ultimately, every party to the case is looking out for themselves and trying to reach an outcome in their favor. Going through the insurance claims process without an attorney representing you personally can put you at a disadvantage and give the other parties to the case an upper hand.

Once you hire a lawyer to represent you in a car accident claim, they will immediately take action to protect and defend your rights under the law.

Help You Track Down and Gather Evidence

It is vital in a car accident case to have evidence of fault and evidence to support your claim for damages. A car accident lawyer will help you find any evidence available to support your case. However, knowing what evidence you need or how to get it can be challenging. An attorney that is representing you will help you through this process.

Evidence that a lawyer can help you retrieve for your case includes:

• Physical evidence
• Photos, videos, or other recordings related to the accident
• Witnesses testimony
• Medical records
• Estimates for repairs
• Expert testimony
• Your employment history and financial records
• Accident reports

Determine Who Owes You Compensation for Your Losses

Determining liability for a car accident means identifying the person or party who is responsible for the accident and must pay for your losses. While fault influences liability, the driver who is at fault for the crash may not be the only liable party. Employment, vehicle ownership, and other factors can contribute to another party having some liability for your damages.

A car accident attorney can evaluate each party in a case and determine whether they could be legally responsible for your damages. There may be situations where you may not realize there is another party you could hold responsible other than the driver determined to be at fault.

Discover Available Insurance Coverage

Insurance coverage after a car accident can be tricky. Certain policies will cover your no-fault benefits, while others cover your pain and suffering, and you may have uninsured/underinsured or umbrella policies at play as well. A car accident lawyer understands these various policies and who is eligible to file a claim under each.

When a lawyer is representing you in a car accident insurance claim, you can rest assured knowing they will find the insurance policies active and available to you amongst the parties to the crash. You typically will file a claim with your own insurance company, but there are circumstances where you may file a claim with the at-fault party’s insurer or even with another party’s insurer.

Your lawyer will navigate these considerations with you to ensure you file a claim with the appropriate insurers and seek all opportunities to recover your damage.

Calculate Your Losses

Your losses after a car accident may not always be clear. Predicting the accident’s effect on your day-to-day, work, and future can be hard. A lawyer will work closely with you to ensure that they account for all of your damages and seek the maximum compensation for your car accident insurance claim. Knowing the extent of your damages through an estimate of your losses will help you better prepare for potential settlement offers that may come your way.

Negotiate a Settlement if Possible

Ultimately, an insurance claim seeks recovery of the money you need to pay for medical care and other damages after a car accident. When you hire an accident attorney, they will make it their mission to get the strongest outcome for you. Your lawyer wants you to get the maximum compensation available in your case. They will go through the negotiation process with the insurer and other liable parties to reach an acceptable settlement.

Represent You Beyond Negotiations When Necessary

If you do not get the settlement offer you want or need, a lawsuit may be necessary for your car accident case. While filing a lawsuit is something you may hope to avoid, your car accident attorney will be there with you every step if it becomes needed in your case. They can represent you throughout the trial until a judge or jury renders a verdict or you come to a resolution with the other party.

How Soon After a Car Accident Should You Contact an Attorney?

Now that you understand the value of having a lawyer represent you after a car accident, you may wonder when to seek legal assistance. The earlier you hire a lawyer in the car accident claims process, the better.

Insurers often call car accident victims before they have legal representation. What you say or don’t say during these initial calls can damage your case and compensation. Do not respond to these calls; instead, contact a car accident attorney near you. The sooner you take steps to hire a car accident lawyer, the sooner they can take action and speak to the insurance companies and other parties involved on your behalf.

Car accidents happen in a variety of ways. The type of car accident that occurs can often provide crucial information about how an accident happened, who is at fault, and the injuries that commonly result from that type of crash.  The most common types of accidents can be categorized as follows:

Head-on crash

Head-on collisions occur when vehicles traveling in opposite directions collide directly. These collisions are often catastrophic and are more likely to cause serious injuries and death than other types of collisions because of the competing forces at play. These crashes typically occur when one car is on the wrong side of the road, such as with drunk or distracted driving, unsafe passing, drowsy driving, swerving to avoid an animal or construction zone, or loss of control due to ice or water on the road. Head-on crashes are more common in rural areas along two-lane roads with no dividers.

Speed is often a contributing factor in more serious head-on collisions. However, a serious head-on crash can happen at any speed, particularly when a larger or heavier vehicle is involved with a standard passenger vehicle.

T-bone collision

In a T-bone or “broadside” crash, the front end of one vehicle collides with the side of another. These accidents are most common at intersections, such as when one driver runs a red light or makes a left-hand turn into oncoming traffic. These crashes are particularly dangerous for the people on the side of the car that is struck because the only barrier between them and the oncoming vehicle is the thin door.

The cause of a T-bone crash is generally that one driver failed to yield the right-of-way to the person who had the right to pass through the intersection first. Because there are clear rules for who has the right-of-way at intersections, it is often easy to determine who was at fault in T-bone crashes once the facts are established. To avoid these types of crashes, always make sure that other traffic has stopped before entering an intersection and never count on other drivers to slow or stop for you.

Rear-end crash

A rear-end collision, also called a fender bender, occurs when the front of one vehicle strikes the back of another. These types of accidents typically happen in congested areas when heavy traffic requires vehicles to stop and go over a stretch of road. Additionally, rear-end crashes are common when one vehicle slows or stops and the vehicle behind them does not notice, often due to drunk, distracted, or drowsy driving. These crashes are much more likely when a driver is tailgating.

Many people may try to downplay rear-end crashes and label them as minor collisions. However, that is not always the case. When the vehicle that causes the rear-end crash is traveling at a high rate of speed or is much larger than the vehicle struck, significant damage and injuries can occur. The human body is also fragile, and even low-speed collisions can cause significant injuries.

The sudden and unexpected thrust forward of an occupant’s body in this type of collision can cause injuries such as whiplash, fractures or disc bulges in the neck and back, traumatic brain injuries, broken bones, including broken ribs or clavicles from the seat belt, or injuries to the knees and ankles when the lower extremities are pushed into the dashboard.

Multi-car accidents or pileups

A chain reaction accident is one in which the force of the initial collision causes the vehicle that was struck to hit another vehicle or other vehicles become involved in the crash because there is no way to avoid the disabled vehicles.

These multi-car pile ups can happen anywhere but are most common on highways and interstates during heavy traffic or bad weather. These are often mass casualty events that can result in injuries or fatalities to multiple victims. In Michigan, these crashes often occur when the roads are icy and snow causes white-out conditions; an initial collision occurs and drivers behind them cannot see that they have to stop.

Liability in these types of car crashes is very complex, and multiple insurers will be involved. It can be difficult to determine who is liable for a victim’s injuries.

Single car crash

A crash in which only one car suffers damage can happen for many reasons. A single car crash happens when a driver loses control of their vehicle and leaves the roadway or hits a tree, pole, or other obstacle. This can be the result of drunk, distracted, or drowsy driving, poor road conditions or weather, swerving suddenly to avoid an animal or debris in the road, and more. Passengers who are seriously injured in this type of collision may be able to seek damages from the driver.

Single car crashes can also involve another vehicle that does not physically impact the other. One driver may lose control while attempting to avoid a collision with someone who was driving negligently or suddenly darted out into traffic. Thus, there may be another party at fault even in a single-car crash.

Single car crashes are actually the most common type of crash in Michigan by a significant margin.

Sideswipe impact

Sideswipes occur when vehicles collide while they are traveling in the same direction. For example, a vehicle that encroaches or drifts into another vehicle’s lane may hit the side of another car, or a car that changes lanes may strike a vehicle in its blind spot.

While these accidents tend to be less severe than others, they can still be deadly. A sideswipe in moving traffic can cause a vehicle to careen off the road, roll over, or strike other vehicles near them when the impact is forceful.

Rollover crash

These accidents can be some of the most terrifying to experience and often result in severe injuries or death to occupants in the rollover vehicle. Rollovers are the second most dangerous type of crash, after head-on collisions. If the occupants of the vehicle are not wearing their seatbelts, the outcome is often far worse.

Any number of actions can trigger the rollover of a vehicle. Speed, quick turns, erratic maneuvers, fast lane changes, and other reckless driving can cause a car to flip. Other causes include uneven pavement or poor road condition, problems with how cargo is loaded, being struck on the side by another vehicle, or swerving to avoid a reckless driver.

Although any type of car can roll over, SUVs, large trucks, and vehicles elevated off the ground are more likely than lower profile vehicles to roll because their center of gravity is higher.

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Examples of Negligent Causes of Car Accidents

Drunk driving

Drivers under the influence of drugs, alcohol, or prescription medications are a danger on the roadways. In an instant, an intoxicated driver can cause an accident with another vehicle traveling near them. Drivers with drugs or alcohol in their system who get behind the wheel have slower reaction times, poor decision-making ability, and struggle to stay alert while driving. Driving under the influence of drugs or alcohol is clear negligence and is often also criminal behavior.

Driving while distracted

In today’s busy world, drivers face a multitude of potential distractions and it can be tempting to try to multitask while driving. Phone calls, text messaging, navigation systems, entertainment, eating, grooming, and even other occupants within the vehicle are potential causes of distraction while on the road. It only takes one lapse for a driver to take their attention from the road ahead for a few seconds and end up causing a serious accident. More than 1,000 crashes per day happen in the United States because of distracted driving.

Fatigued driving

Intoxicated driving is an obvious danger to society, but many people do not realize that fatigued driving can be just as dangerous. After 20 hours without sleep, drivers exhibit the same impairments to reaction time, vigilance, and coordination that drivers with a 0.08 blood alcohol level do.

Those who work on the road, such as commercial truck drivers, are at higher risk of suffering the effects of driver fatigue and causing accidents involving passenger vehicles. Sadly, when an accident occurs between commercial trucks and cars, it is often severe and life-threatening injuries are likely.

Failure to follow traffic laws

The consequences of breaking traffic laws go far beyond just getting a ticket from an officer. When drivers do not respect the rules of the road and fail to stop at traffic signals, abide by speed limits, or follow road signs, crashes are likely to result. Police who arrive at the crash scene generally identify the hazardous action that led to a crash and either issue a ticket or seek criminal charges against the driver who caused the crash. While a citation alone will not prove liability in an accident, it can be persuasive to the insurer when it is determining who was at fault and who is liable for the damages caused in the crash.

Reckless driving

Driving recklessly can encompass a wide range of actions on the road. Motorists that drive aggressively, change lanes without regard, speed, or make dangerous maneuvers can cause accidents with those around them. Reckless driving may not always violate traffic laws, depending on the driver’s actions. Yet, it can be evidence of negligence when the driver is not driving like an ordinary, prudent person would under the circumstances.

What Are Your Rights After a Motor Vehicle Crash Causing Damage and Injury?

If you have been in a car accident, you may be wondering how you can pursue compensation for your injuries. Generally, there will be a no-fault insurance policy that must pay for some or all of your medical bills, three years of wage loss, and services you need around the house. You are entitled to these benefits regardless of who was at fault in the crash.

If you or a loved one suffers serious injuries, disfigurement, or death in a car accident due to the negligent actions of another driver, the law allows you to recover other damages from the at-fault party. Drivers are required to have liability insurance in Michigan, so the at-fault party’s insurance company will be involved.

If the at-fault driver does not have insurance or enough insurance to cover your remaining damages, you may be able to return to your own insurer and collect benefits under an uninsured or underinsured motorist policy. This is optional coverage that you may or may not have chosen to include in your policy.

Damages Available to Car Accident Victims

A person injured in a motor vehicle collision can seek specific categories of damages, whether through an insurance claim or from the at-fault driver.

Damages in a car accident insurance claim include:

• Medical expenses for the treatment of your injuries, including ambulance trips, ER visits, hospital care, physical therapy, doctor visits, surgeries, in-home care, and more.
• Necessary modifications to your home or car to facilitate mobility, such as a wheelchair ramp, accessible bathtub, or vehicle lift
• Income loss for the first three years, including your lost wages due to the accident and while you heal from your injuries.
• A per-day stipend for replacement services, which are household tasks that you cannot complete while you are recovering such as mowing, shoveling, cooking, or cleaning.

Damages in a claim against the at-fault driver include:

• Any of the above expenses that are not covered by your no-fault insurer.
• Pain and suffering, including physical distress and emotional suffering.
• Personal losses from your reduced quality of life.
• Property damage for repairs or loss of your vehicle and any other property damaged in the crash.

Should You Call a Car Accident Attorney?

You should always consult with a car accident attorney when you are in an accident. Gruel Mills offers free consultations, which allows you to discuss your case risk-free and decide what the best options are for you moving forward. Hiring an attorney is the best thing you can do to protect your rights after a car crash.

An attorney representing your interests from the get-go gives you an advantage when dealing with an insurer. Furthermore, it prevents unnecessary, avoidable complications due to common errors or omissions when filing a claim and providing information to the insurance company.

If you or a loved one are injured in a car accident, call us today to schedule a free consultation.

If you are involved in a motor vehicle collision, you may suffer injuries and damages that can cause significant financial and personal loss. You may want to know what type of compensation is available to you should you pursue legal action.

Hiring a car accident lawyer can get you on the right track to getting the compensation you need to get back on your feet after a crash. An attorney can provide you with more detailed insight into the damages that may be available in your case. However, the information below may help you better understand how damages in a car accident claim work and what factors might influence the losses that are recoverable after an accident.

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Every Car Accident Case is Different

It is important to remember that every accident involves different circumstances and every victim suffers unique injuries. What may be true for one individual may not be the case for another. Car accident damages are particular to each and every car accident and victim and cannot be directly compared or easily predicted.

At the beginning of a case, no one can give you a firm number in terms of money that you will undoubtedly receive as a settlement offer. However, based on common situations in the past, the evidence in your case, the insurance coverage available, and their personal knowledge and experience, a lawyer can provide you with an estimate of your damages and the compensation you can fight for from the insurance company and/or any other liable parties in the case.

The Severity of the Accident Injuries to You

The severity of your injuries may not be clear to you yet in the first days after a motor vehicle accident. You may have some idea of what injuries you have suffered, but you cannot know at that point how the healing process will go and whether you will be able to fully recover to your pre-crash condition. The more severe and traumatic the injury to an individual, the more likely the timeframe for recovery is longer, more challenging, and more uncertain.

If you sustain severe injuries or disfigurement or a loved one dies in a crash, you have the right to pursue compensation against the at-fault driver. Severe injuries, however, are not the only injuries that matter regarding car accident insurance claims. Regardless of fault or the severity of your injuries, you are entitled to no-fault benefits. This is true even if you do not have your own insurance if you were a passenger, pedestrian, or bicyclist. These benefits can help you pay for unexpected damages and deal with the interruptions to your routine and ability to work and function during your recovery.

The Impact of Your Injuries on Your Life

An injury from a car crash can throw your life into chaos. Where once you could handle your daily responsibilities, you may now have to rely on others to help and support you. You may be able to resolve some injuries with a trip to the emergency room and follow-up care. However, more serious harm is likely to require hospitalization, long-term inpatient stays, surgeries, or multiple procedures and treatments to give you the best chance at healing and recovering.

The medical care and recovery from an injury can be all-consuming. Rather than worrying about your daily life, work and family, your focus turns to how, when, and if your injuries will heal.

It is not uncommon for car accident victims to face long-term consequences. From chronic pain or range of motion limitations to paralysis, these permanent effects can cause pain and inconvenience for life and impact your ability to work and take care of yourself. These impacts can have a profound effect on your finances as well as your personal well-being, including your mental and emotional health.

How an Insurer Calculates Your Losses

Insurance companies use a variety of methods to come up with a settlement offer for a collision victim. They will consider the value of the losses they believe you have and will incur. In most cases, insurance companies follow a set formula based on the type of injury involved and the severity of that injury from their perspective. Each insurer may have its own formula.

While medical expenses and income losses are often relatively straightforward, other damages, such as your emotional distress and impacts on your quality of life, are not so simple to assign a monetary value. This is where the formulas often come in to give an insurer a value for these car accident damages. Insurance companies will only offer a victim compensation for the losses claimed by the victim and supported by evidence. In some cases, even when provided with support for the claim, an insurer may deny certain damages or try to limit their liability to reduce the amount of compensation they may offer you.

Whether There Are Other Victims in the Accident

Another factor that can significantly influence the amount of money available to you after a car accident is how many other victims there are. The limits of the relevant insurance policies are an important aspect of settlement negotiations. Insurance policies will have limits of what can be recovered by each person and for each occurrence (crash); the per occurrence limit must be shared by everyone injured in the crash who is entitled to recover under that policy. This can cause complications when trying to reach an agreement with an insurer for just one of the people who has been injured.

Your Total Damages

Ultimately, the totality of your damages will serve as the guide and starting point for any settlement negotiations. The extent of the losses you incur because of a negligent car accident will influence how much an insurance company or other liable party may offer you during negotiations. Car accident damages can include economic and non-economic losses.

Economic losses are those damages that cause you to lose money or that cause you to incur expenses. Non-economic losses include damages that are more personal in nature to you; while they are not monetary, the law allows a victim wronged by the actions of another to seek money to compensate them for the intangible impacts of the crash.

Damages that may be a part of your car insurance claim include:

• Medical bills: When you are in a car accident, you will begin to incur medical bills the moment you get into an ambulance or step foot in a hospital. Your injuries may require extensive treatment and you may need future medical care if your injuries are permanent. Medical bills can quickly become overwhelming. Under Michigan no-fault law, your no-fault insurer is required to pay for some or all of your medical bills, depending on the level of coverage in the relevant policy. If you do not have unlimited medical coverage, you may be able to recover anything your no-fault insurer does not pay for from the at-fault driver if your injuries are serious enough.
• Income: Your injuries may impact your ability to work and earn wages in the short short-term as you recover. If your injuries are permanent, you may not be able to return to your job and earn the same amount you did before the accident. As part of a car accident claim, you can seek compensation for your income losses and the impact on your ability to earn an income. As part of your losses, you can claim damages for income loss now and those that are likely to occur in the future because of your condition. Your first three years of wage loss are covered by your no-fault insurer, and any other wage loss or loss of earning capacity may be recoverable from the at-fault driver.
• Property: If you are driving your vehicle at the time of a car crash, you can seek money to reimburse or pay for repairs or the value of your car. Additionally, you may be able to seek money to pay for a rental or transportation in the short term after the collision.
• Pain and Suffering: Painful physical injuries are just part of the pain and suffering damages for which you can seek monetary compensation in a car accident claim. You may also suffer emotional, mental and psychological effects that leave a lasting impact on your ability to live and enjoy your life in the aftermath. You can seek monetary compensation for this pain and suffering, but only if you or a loved one suffers severe injuries, disfigurement, or death in a car crash.
• Quality of Life: Car accident injuries can have a significant impact on how you are able to live your life and enjoy the activities, hobbies and day-to-day life events that were part of your life before the car crash. When you sustain serious injuries, your quality of life can be drastically reduced. Again, you can seek monetary compensation for this intangible impact on your life, but only if you suffer a severe injury or disfigurement.

Should You Accept an Insurance Company’s First Settlement Offer?

When you receive your first car insurance claim settlement offer, you may be eager to accept the money and move on with your life – it may seem like a lot of money now. However, you should not accept the first settlement offer. Insurers will typically not offer you a settlement worth taking at the outset of negotiations, and it may not be enough to take care of your future needs. Instead, if you get a settlement offer, it is best to contact an experienced car accident lawyer first to review your case and determine if the offer is fair.

How Can a Lawyer Increase the Compensation an Insurer Offers You?

A car accident attorney can affect not only whether an insurance company accepts liability on a claim but also how much money they will offer you during settlement negotiations. Insurers know when they face an individual who hired a car accident lawyer to represent them that they must do things by the book and present a reasonable settlement offer.

Sadly, the injured people who attempt to negotiate a settlement on their own can end up dealing with manipulative tactics, delays, or unjustified denials from the insurance company. A lawyer will not let the insurer get away with improper tactics. Instead, they will work with you every step of the way, from the moments after your crash through the resolution by a settlement or filing a lawsuit against the parties liable for your injuries and losses.