Car accident injuries can be traumatic, leaving victims unable to work for extended periods of time, all while obtaining painful treatment and dealing with household bills and other stresses. While these struggles can make an auto accident claim essential to helping a person move on from his or her injury, filing a claim is not always a simple process, but will be dictated in large part by a number of different factors. To learn more about these factors and how they could apply in and potentially influence your own case, please call an experienced Lynchburg auto accident lawyer for help.
The Type of Car Accident
There are a wide range of accidents in which a motorist can be involved, all of which come with their own risks. Head-on collisions, for instance, tend to have some of the most severe injuries that a person can sustain and are almost always the result of at least one driver’s gross negligence. Rollover accidents, on the other hand, are more likely to be attributed to a vehicle defect, in which case, a third party manufacturer could be held liable. The injuries sustained in these collisions are also often severe, as victims may be thrown clear of the car or become trapped inside it if the vehicle sustains a lot of damage. Ultimately, the type and severity of an accident will largely dictate the nature and seriousness of a car accident victim’s injuries, which plays an extremely important role in how much a person can collect in damages.
The Nature of Your Injuries
The type of injuries that a person suffers in a car accident can have a significant impact on the outcome of his or her case. Generally, the more obvious a car accident’ victim’s injuries and the more easily that injury can be linked to a specific accident, the easier it is to recover damages. Unfortunately, it is when injuries are serious that many insurers push back the hardest to avoid paying a big claim. In these cases, it may be up to a jury to determine how much an accident victim’s injuries are worth, which means that the injured party will need to provide convincing evidence of the severity of their injuries, including medical bills, treatment records, and photographs of the injuries themselves.
The Extent of Your Liability
Virginia is one of the few remaining states to adhere to the legal theory of contributory negligence, which means that anyone who contributes to an accident in any way is completely barred from recovering damages. This is true regardless of whether a person is found to be one percent, 50 percent, or 99 percent at fault for a crash. For this reason, proving that someone else was responsible for an accident becomes even more important to the outcome of a claim, as those who fail to present strong evidence or defend themselves against unfair accusations, could end up missing out on the chance to recover compensation at all beyond the limits of their insurance policy. This can have particularly devastating consequences for those who are struck by an uninsured driver and who do not have uninsured/underinsured motorist coverage.
Call Today for Help with Your Case
Filing and pursuing a car accident claim can be a complicated process, especially when a person’s injuries are severe or proving liability is difficult. Fortunately, you do not need to go through this process alone, so if you were recently injured in a car crash and need the help of an experienced Lynchburg auto accident lawyer, please call dedicated attorney Herbert E. Maxey, Jr. at 434-969-4873 today to learn more about your legal options.