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Car Accidents

Oliveira Law, PLLC > Vehicle Accident > Car Accidents

Car Accidents in Personal Injury Lawsuits

Millions of people get injured in car accidents every single year, and dozens result in fatalities every day. Car accidents happen mainly due to human error, while some instances are the fault of defective car parts, poor infrastructure, and more.

Car accidents are another form of personal injury and are one of the most common lawsuits filed in the United States. Costs for injuries, deaths, and property damages for car accidents have been in the hundreds of billions of dollars annually.

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What to Do If You Have Been Affected By Car Accident

If you have experienced an injury from a car accident, the first thing is getting medical attention and obtaining a police report. Photos, statements, and more could serve as evidence you should gather to prepare your case.

After gathering the details of your injury, find an experienced lawyer in car accident cases. Share your evidence and details with your chosen attorney and determine if your case is solid to file a claim.

Your case could be resolved in a settlement or after a trial. You can decide with the advice of your personal injury attorney which route you’ll take in your case. Most cases end with a settlement between both parties.

If after the meditation it is determined that you’ll go to trial, a lawsuit will then be filed. Evidence from both sides will be evaluated to determine the award amount.

Remember that you have a limited amount of time to pursue a lawsuit. The timeframe to file a complaint differs between states with usually up to a year to file. Understand that if filing a lawsuit, the official trial date could be as long as a year out in advance.


In most scenarios, the person at fault is probably insured. Their insurance company will try to base the settlement amount on the damages you have incurred from the injury. But if you don’t agree with their offer you can decline and let the judge decide. There are caps on the reward amounts people can receive in personal injury cases.

Even if you have insurance, the person at fault should have insurance to compensate otherwise they can be paying completely out of pocket. Lawyers can even go after their personal assets if the defendant is uninsured.

The damages you can be compensated for are:

  • Car repair or replacement
  • Medical expenses (past and future)
  • Loss of income
  • Physical therapy/rehabilitation
  • Emotional suffering
  • Modifications to accommodate the injured person at home
  • Adaptive equipment

When compensation is received, medical expenses at the current time are paid. Lawyers will deduct their fees for legal services also.

Understand that legal fees will be different reaching a settlement for a personal injury claim from going to trial for a lawsuit. Settlements take less effort and time for all involved. Therefore, under a settlement agreement, you can be reimbursed for your loss from the injury.

Mistakes to Avoid

Some people make common mistakes that could weaken their car accident cases. Insurance companies seek to weaken the case by finding any small detail that supports the idea that the plaintiff isn’t severely hurt. Avoid these mistakes if you’re injured by a car accident:

  • Not taking photos
  • Lying/faking injuries
  • Applying for lawsuit too late
  • Disposing of evidence
  • Applying for disability from Social Security
  • Talking about your case

If you make a mistake it will compromise your amount paid for damages. In worst cases, if caught faking an injury, could cause the car accident case to be dismissed.  A person could face consequences for fake a personal injury lawsuit.

Get Justice

If you or your loved one suffered an injury from a car accident, get help from a law firm that can get you justice. Oliveira Law can assist you in whether the accident was caused by another car or truck, negligent maintenance, defective car parts, and more.

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