Filing a Personal Injury Claim Due to an Auto Accident



If you’ve been injured in an auto accident through no fault of your own, you may be entitled to compensation. Personal injury claims are typically filed with the insurance company of the driver at fault for your injuries, though not all drivers are insured or adequately insured for covering the medical expenses and other damages caused by your injury.

Uninsured, under-insured and even the insurance companies of adequately insured drivers may not pay substantial enough compensation for dealing with the medical bills, lost wages and other damages you suffered. Filing a personal injury claim due to an auto accident in civil court may be necessary.

Additionally, not all auto accidents are the fault of a driver. Some can be caused by manufacturing issues and faulty auto components or by a third party, like a pedestrian, road crew member or some other individual. Civil law allows the filing of auto accident personal injury claims regardless of the party at fault for the accident.

Proving Your Auto Accident Personal Injury Claim

The first step necessary for proving your auto accident personal injury claim is to hire an attorney familiar with the civil litigation in automobile lawsuits. Collecting documentation of all the damages to be included in the case is the next step. Documentation should include all records related to the auto accident, including: medical bills and records, auto repair estimates and/or costs, lost wages or earnings resulting from time away from your jobs, and any other documents related to your claim.

State and local statutes and laws govern the filing of personal injury claims involving auto accidents. There are regulations that govern when, how and for how much compensation a plaintiff can sue for auto accident personal injuries.

In most states, a fault-based system exists, which essentially assigns fault for auto accidents based on the investigation and recommendations of an insurance adjuster. In a lawsuit however, it’s attorneys that prove or disprove fault in the case though the findings of the insurance adjuster’s investigation can be central to proving fault in a civil case. In order to see compensation for damages in an auto accident civil lawsuit, you must prove someone else was at fault for the accident and the subsequent injuries you suffered. In some cases, you must also show the party at fault for your injuries was truly negligent in their actions. The burden of proof and the amount of compensation you can receive is again based on the jurisdiction in which the case is filed.

Your Auto Accident Personal Injury Case

Having legal assistance in dealing with the insurance company of the other driver in a personal injury insurance claim is sometimes required, especially as the insurance adjuster’s goal is to get you to sign off on the lowest amount of compensation possible for the damages suffered in your auto accident. For this reason, it’s advisable to seek the help of a personal injury lawyer before settling any insurance claims associated with an auto accident.

Even if you’ve already closed an insurance claim for an auto accident, you may still file a personal injury lawsuit for the same incident though the timeframe for doing so usually set as two years or less from the date of the accident in most jurisdictions. Hiring an auto accident personal injury attorney is essential. He or she may be capable of negotiating a settlement, preventing the need for a lengthy lawsuit and trial. An attorney can also increase your chances of seeing substantial financial and other damages awarded in the case.