Car accidents can happen in the blink of an eye and have disastrous consequences. Even if injuries appear to be minor at first, they can be fatal. It's important for a victim to speak with an expert car accident attorney as soon as possible after receiving medical care.
If an individual suffered injuries in a car accident caused by a reckless driver, they may be entitled to compensation. Regrettably, recouping such losses is rarely as simple as it should be. Victims must gather evidence, often prove liability, and negotiate with insurers while trying to recover from their injuries in order to receive the compensation that they deserve.
Furthermore, victims can get help from a car accident lawyer in Johnston, IA. The goal of Tom Fowler Law is to get car accident victims the money they deserve.
Do I Have a Valid Case?
Another party must have been negligent in order for an individual to hold them accountable for serious injuries and such losses.
What are the four elements that must be present in a negligence case? The following four components must be established to prove negligence:
Duty of care: A duty of care must have been due to the victim by the motorist. Establishing this is simple because drivers owe all road users the duty to drive safely.
Breach of duty: The driver must have failed to fulfill his or her responsibilities. This could include breaching the law or simply acting carelessly (e.g., driving while distracted).
Causation: A victim's accident and injuries must have been caused by the breach. As an example, suppose the other driver ran a red light and T-boned a person's car, injuring their spinal cord.
Damages: The victim was injured physically, financially, or emotionally (e.g., medical expenses, lost wages, pain and suffering, etc.)
Establishing Liability
Establishing the other party's liability is crucial to a successful car accident case. Unfortunately, the other party's insurer may argue that the victim caused or contributed to the accident in many cases.
Even if the victim was partially to blame for the accident, they may be entitled to compensation under the comparative negligence legislation of Iowa. Their reimbursement will, however, be reduced if the victim is at fault. If the victim is 20% at blame for an accident, they may only be able to recover up to 80% of their damages.
Communicating and Negotiating with the Insurance Company
Dealing with the insurance company after a car accident in Johnston, IA is undoubtedly the most stressful part of the process. Worst of all, the insurance adjuster may seem to be helpful, calling the day after the accident to express their concern and willingness to assist.
The adjuster, on the other hand, may be faking interest in helping the victim in the hopes that they would say something that the insurer can use against them. Before a victim speaks with the insurance provider, they need to consult with their Des Moines motor vehicle accident lawyer. Anything a victim says can be used against them by the insurance company.
Even if a victim is offered a personal injury settlement within days of the accident, it could be far less than they deserve. Before the full extent of their damages may be determined, most situations require an investigation and time for a victim's injuries to heal (or at least a medical prognosis).
What Is the Value of My Car Accident Claim?
Tom Fowler Law may conclude that a client is eligible for compensation for any of the following once an experienced attorney analyzes the crash and calculates the victim's damages:
Current and future medical bills;
Lost income;
Reduced capacity to work;
Pain and suffering.
Who Can Be Held Liable for My Case?
Any party that was negligent and contributed to the accident caused may be held liable for a victim's medical bills and other losses. The following are some examples of negligent parties in collisions:
Distracted drivers;
Drunk drivers;
Aggressive drivers;
Government corporations that failed to maintain, examine, or repair roads;
Automakers who sold faulty car parts.
It's important to pinpoint the responsible party so that victims can claim compensation from them. Depending on whether the liable party is a person, a firm, or the local government, the action a victim takes to claim compensation may differ.
Should I Accept an Insurance Offer?
Victims will almost certainly receive a settlement offer from the responsible party's insurance carrier when they file a claim. Many people assume that accepting the offer is their only alternative; however, accepting a settlement that does not properly compensate a victim for their losses might lead to financial ruin.
Once a victim accepts a settlement, they will be required to sign a release waiving their right to pursue a case in the future. As a result, if the settlement is too low, they won't have another option but to pay for their own medical treatment and suffer other losses with no legal recourse.
Is there a Time Limit for Filing a Claim?
A victim has two years from the date of the accident to initiate a personal injury claim against the responsible party. Victims will most likely lose their right to recover if they miss this deadline.
Other Johnston Practice Areas
Contact Our Johnston Car Accident Lawyers
The car accident lawyers at Tom Fowler Law work with accident reconstructionists, medical specialists, and economic experts to determine the actual value of a client's case. Victims need a personal injury lawyer who has experience both in and out of the courtroom if they have been hit by a vehicle that was driving recklessly or the driver was distracted.
With thoughtful and smart planning, the car accident lawyers at this full-service law firm will fight hard for the compensation that a client deserves. Tom Fowler's car accident lawyers have experience negotiating fair settlements with insurance adjusters. They are well-versed in how insurance companies operate and how claims are handled.
Additionally, the car accident lawyers have extensive trial experience, having successfully prosecuted personal injury cases and achieved favorable results for wounded clients. They are familiar with the courts, opposing counsel, and judges. Call the personal injury law firm today for a free consultation.