A car accident is a frightening time for everyone involved. It's even more frightening when children are in the car. If you were in a car accident and your children were injured, you're probably trying to figure out the best way to proceed. You reserve the right to file a lawsuit and receive compensation for your children's injuries. Here is what you need to do, and what you can expect from the personal injury lawsuit.
Responsibility is the Key
First, you have to wait for the accident investigation to be closed. This is because you need to wait to see who is considered at fault. Even if it's obvious to you that the accident was not your fault, you'll need to wait until you can show legal documentation proving that it's a fact. Once you have documentation showing that the other person involved in the accident is the responsible party, you can file a lawsuit against him or her for personal injury compensation.
Percentage of Fault
Even if the other driver is responsible for the accident, he or she could try to reduce their percentage of the fault. If this happens, the compensation that you receive will be based off of the percentage that they are held liable. One way that they can reduce their percentage is if they try to prove that your children weren't properly buckled into their car seats. If they were, you'll want accident scene photos on hand showing the car seats from all angles. Any other photos you have taken of your children buckled into their car seats will be helpful as well. Do anything you can to make it so the case doesn't wind up with shared blame.
Payment from Insurance
Your first question is probably, will insurance pay for the injuries? Even if the responsible party has insurance that covers medical bills, you likely won't receive the kind of compensation that you're after. Insurance companies resist paying out as much as they can, and you'd be in for a serious fight. If they do pay out, they won't compensate for things such as emotional distress and funeral costs if applicable. Those are the types of things you need to file a personal injury case for. If the responsible party doesn't have coverage for medical bills, you won't be able to receive anything for the injuries unless you sue.
What Kind of Compensation to Expect
It's hard to say which type of compensation will be granted, but there are several types of compensation that you can try to get as long as they apply to your situation. The compensation includes:
- Reduced quality of life
- Funeral costs
- Medical bills
- Costs for continued medical care or home care
- Physical therapy
- Medical bills
The compensation that you receive depends on the extent of the injuries that your children received. You will need their medical records to proceed with the case. Bill statements, and even written statements from doctors and nurses, can help strengthen your case.
How to File a Lawsuit
If you decide to go ahead and file a personal injury lawsuit, call the personal injury lawyers in your area for consultations. It's important to meet with several lawyers so you can find one that you are comfortable with. Your lawyer works for you, so you need to ask the lawyer questions and make it an interview. Make sure you bring any documentation you have for the lawyer to work over and pick a lawyer that you click with and who is confident he or she can do a lot for you with your case.
Don't let your children's injuries turn into a financial burden on your life. The injuries are not your fault, and you shouldn't have to pay for them. Find a lawyer you like from a firm like Gelman Gelman Wiskow & McCarthy LLC and file a personal injury lawsuit to receive your compensation.