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How to Win an At-Fault Accident

Being in a car accident is more than just a traumatic experience—it can also be time-consuming and expensive, especially if you’re not sure how to go about making an insurance claim or taking legal action. If you are considering taking either of these courses of action after being involved in a crash, having the right kind of help on your side through the entire process is essential. A good personal injury lawyer will be able to guide you through all the steps involved in winning an auto accident claim efficiently and effectively.

The attorneys at Morgan & Morgan have been handling auto accident claims for decades and have recovered over $20 billions of dollars for our clients. If you need help, contact Morgan & Morgan today for a free and confidential case evaluation.

Understanding the Difference Between At-Fault and No-Fault States for Car Accidents

Figuring out who is at fault in a car accident can be confusing. First, it’s important to understand the difference between no-fault states and states that use at-fault laws.

At-Fault States

At-fault states, also called tort states, require someone to be found “at fault” for causing the accident in order for damages to be paid out. In at-fault states, the driver or drivers responsible for causing the accident are held financially responsible for any bodily injury or property damage that results from their negligence. These states have a system of comparative negligence where the amount of compensation received by an injured party is reduced if they are partially at fault themselves.

No-Fault States

No-fault states don’t assign blame or require proof of fault to receive compensation after a car accident. Instead, they use personal injury protection (PIP) coverage, which is an added auto insurance coverage that covers medical expenses and lost wages regardless of who caused the crash. This means that when an accident happens, both parties involved file claims with their respective insurance companies instead of filing a lawsuit against one another. Each state has its own rules about what is covered under PIP, so it’s important to research your state’s specific requirements before purchasing auto insurance coverage with PIP benefits. 

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Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.

  • What Do You Need to Know About Winning an At-Fault Car Accident Claim?

    If you’ve been injured in a car accident, you may be able to file a claim for damages. Winning an at-fault car accident claim requires knowledge of the law, as well as a thorough understanding of the legal process. It can be difficult to navigate the legal system without assistance but having an experienced personal injury lawyer on your side can increase your chances of receiving fair compensation.

  • How to Understand the Law?

    The first step in understanding how to win an at-fault car accident claim is understanding the law. You should familiarize yourself with the laws governing motor vehicle accidents in your state and become aware of any applicable statutes of limitations. Knowing the specifics of these laws will help ensure that you pursue your claim correctly and within the legal parameters.

  • Should You Hire a Personal Injury Attorney?

    If you were injured in an at-fault car accident, it is highly recommended that you hire a personal injury lawyer who specializes in auto accidents. An experienced personal injury attorney will understand all aspects of state law regarding auto accidents and can help ensure that your case is properly managed from beginning to end. Your attorney will also be able to identify any potential sources of compensation, like lost wages or medical expenses. 

  • How to Establish Fault?

    After an auto accident, it’s important to establish who is at fault. Doing so can help determine liability and damages. Here are some tips on how to prove the other party was at fault and maximize your chances of getting the compensation you are entitled to.

    Gather Evidence

    The first step in proving the other party was at fault is to collect as much evidence as possible. This includes pictures or video footage of the accident scene and any physical damage that may have occurred. It is also important to obtain contact information from any witnesses who saw what happened, including their name, address, phone number, and email address. All this information can be used by your personal injury lawyer to build a strong case on your behalf.

    Investigate the Accident

    It’s also important to investigate what actually happened, as this will help prove that the other party was at fault. Your attorney can investigate elements such as speed, road conditions, and any actions taken by either party leading up to the incident (e.g., running a stop sign). All these factors can help point out who was liable for the car accident.

    Review Police Reports

    Reviewing police reports can also be useful when trying to prove who was at fault in a car accident. The report should provide an overview of what happened so that both parties involved can get an understanding of how culpable each person was for causing the collision.

    A police report should include details such as weather conditions, road surface type (dry/wet/icy), vehicle speeds, and whether any traffic laws were broken by either driver leading up to or during the accident itself. Your personal injury lawyer can use this information when building your case against the other party involved in the car accident. 

  • What Kind of Compensation Can You Recover in a Car Accident Claim?

    If you’ve been involved in a car accident, you may be eligible for compensation from the at-fault driver. But what kind of compensation is available? Understanding the kinds of compensation that are available can help you make informed decisions about your legal options. Keep reading to see what types of compensation could be on the table when it comes to car accident claims.

    Medical Expenses

    The most common type of compensation recovered in a car accident claim is related to medical expenses and losses. This includes costs for physical therapy, doctor visits, prescriptions, surgery, rehabilitation, prosthetics, and any other medical costs associated with your injury or illness due to the accident.

    Lost Wages

    In addition to medical expenses, those injured in an auto accident may also be eligible for lost wages due to time taken off work for medical treatment or recovery from their injuries. Lost wages are calculated based on how much money would have been earned during that time had it not been necessary to take off work due to the injury caused by the car accident.

    Property Damage

    In addition to medical expenses and lost wages, you can also receive compensation for damage done to your vehicle as well as any property inside it during the accident. This could include damages sustained on items such as laptops, phones, tablets, or even clothing inside your car at the time of the crash.

    Pain & Suffering

    In some cases, pain and suffering can also be recovered with an auto accident claim depending on the severity of your injuries and how much you have suffered as a result of them. It is important to note that this type of recovery is not always guaranteed but does exist as an option depending on the circumstances surrounding each individual case. 

    Punitive Damages

    Punitive damages are a different type of award that applies in cases where the defendant’s conduct was especially egregious or outrageous. Punitive damages are not meant to compensate victims for their losses, but rather to punish defendants who have acted particularly recklessly or maliciously and serve as a deterrent against similar behavior in future cases.

  • How Much Does It Cost to Hire a Car Accident Lawyer?

    Most personal injury attorneys operate on a contingency fee basis, which means they don’t charge any up-front fees and won't collect anything until after your case has been settled or won in court. Typically, personal injury lawyers will take between 33% and 40% of the total settlement as their fee, though this can vary depending on the specific details of the agreement. It's important to understand all the terms of the agreement so you know exactly what percentage will go towards legal fees if your case is successful.

    In addition to paying attorney's fees, there may also be additional expenses associated with pursuing a personal injury claim. For example, if your case goes to trial, you may need to pay court costs and other administrative fees associated with filing documents or arguing motions in court. You may also be responsible for covering expert witness testimony fees if outside professionals are brought in to support your case in court or deposition settings. Make sure you discuss these potential costs up front so there are no surprises down the line if the situation arises.

  • Contact Morgan & Morgan for Help

    If you or a loved one has been the victim of a car accident, it is important to understand your legal rights and options. An experienced personal injury lawyer can help you determine if you have a case and guide you through the process of filing a lawsuit. The attorneys at Morgan & Morgan can help no matter where you’re located. As the largest personal injury firm in America, we have offices located throughout the country. You could be entitled to significant compensation if you’ve been injured in a car accident and another party was at fault.

    If you have been injured in an accident or have any questions, contact Morgan & Morgan today to schedule a free and confidential case evaluation.

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