If you were riding in a vehicle as a passenger or driver and involved in an accident you may have suffered serious injuries. In either case, if you were not at fault for the accident, you will be entitled to recovery for your damages. Even, in cases where you were not wearing a seat belt recovery is permitted if you have been injured. It is important that you understand your rights. Read the following article to get a better understanding of your rights and steps to take after a car accident.
What If I Wasn’t Wearing A Seat Belt?
California has seat belt laws, which should be followed. However, not wearing a seat belt will not exclude you from recovery. It will however, limit your claim for damages and potentially limit your overall ability to recover. Insurance companies will routinely deny or limit your claim for damages if you did not wear a seat belt and were injured.
While it is required that you wear a seat belt, not wearing one is not grounds for claim denial. Instead courts will assign you a percentage of fault for not wearing a seat belt. In turn that percentage of fault will be deducted from your overall award of damages. Courts will assign each party a degree of negligence.
Who Is Liable for My Injuries
Liability or fault will depend on the facts. Were you rear ended? Was it a t-bone accident? Each case is different in regards to liability. In certain cases liability will not be determined until the at fault party gives a statement. In such cases you will often need to evaluate the scene of the accident. If the police report is inaccurate this can also shift liability, even when it is inaccurate.
In order to asses liability we will carefully evaluate the facts on record. Our job is to determine who was at fault and work aggressively to help ensure you are protected. Here are some examples of liability issues that can arise after a car accident.
You were rear ended and the at fault driver is now denying liability. Or the police report is inaccurate after a car accident. More challenging cases are those where a driver failed to stay in the designated lane and light patterns will need to be evaluated. Each of these are scenarios that occur regularly. That is why it is important that you have the best representation possible in assisting you with your claim.
Common Injuries in Accidents Where a Passenger or Driver Was Not Wearing a Seat Belt
Here is a list of some common injuries in a car accident:
- Broken nose
- Head injuries
- Damaged or broken jaw
- Dental damage
- Neck injuries
- Loss of sight
- Hearing loss
- Back injuries
- Spinal injuries
- Knee damage
These are a minor sample of injuries. Often times medical injuries are not properly diagnosed. This will cause you to be unaware of the extent of your injuries. In such cases you should consult with your doctor about the depth of the injuries you have sustained. Make sure you understand what your injuries are. Never attempt to self diagnose yourself. If you have been injured get proper medical attention.
What is the Value of My Case
What is the value of a broken nose after a car accident? This is a commonly asked question, with no real definite answer. Its value can be anywhere from $10,000 up-to $1,000,000. Here are some important factors to consider when attempting to evaluate your car accident claim.
- Did you have insurance at the time of the accident? Was a valid insurance coverage present?
- Do you have loss of income?
- What is the limits of the insurance coverage for the responsible vehicle?
- Is the injury correctable?
- What is the cost of corrective or plastic surgery?
- How serious is the damage?
- Will future medical care be required?
- What is the degree of pain and suffering associated with your claim?
These are a just a sample set of questions we use to evaluate the potential value of a broken nose. Each of the factors mentioned above are highly fact sensitive. For example a large part of your settlement or potential settlement will depend on the policy limits of the at fault driver. What are policy limits? This is the limit for the policy of the at fault party. Policy limits can be requested or must be discovered via a lawsuit or through various agencies who conduct such searches. Knowing the value of claim will give you a better understanding of your damages recovery.
Other factors such as the extent of your damages are also important. If the injury was serious, it is likely that future care may be required. In such cases you can require future corrective surgeries to repair the damage. Such injuries can change the scope of your damages claim and must be handled properly.
In evaluating a personal injury claim you have a number of factors to determine value. However, until all medical information is reviewed an accurate number cannot be provided. If you have been injured focus on healing. You have 2 years to file a claim for damages in most cases. Make sure to speak with a personal injury attorney to better understand your rights.