State High Court Reinstates $7M Verdict: How to Protect Your Rights After a Car Accident Injury

The aftermath of a car accident can be a disorienting and stressful experience. In 2022 alone, there were over 273,000 car accidents in North Carolina, resulting in over 110,000 injuries and nearly 1,800 fatalities. Recently, a state high court reinstated a $7 million jury verdict for a passenger injured in a car accident, highlighting the importance of understanding your rights and taking steps to protect them. This blog post will guide you through the crucial actions you should take following a car accident to safeguard your well-being and legal standing.

Understanding Your Rights After a Car Accident

After a car accident, it’s essential to understand your rights. Most states operate under a tort liability system, meaning you can seek compensation when another driver’s negligence causes your injuries. Generally, drivers are required to carry insurance to cover potential damages they cause. However, some states have “no-fault” insurance systems, which may limit your ability to sue the at-fault driver, but your own insurance will cover your economic damages. It’s important to know which system your state uses.

Immediate Steps to Take at the Scene

Your actions immediately following a car accident can significantly impact your health and any potential legal claims. Here’s what you should do:

Ensure Safety: First, check yourself and your passengers for injuries. If possible, move your vehicle to a safe location away from traffic.
Call the Police: Contact law enforcement, especially if there are injuries or significant property damage. A police report provides an unbiased account of the accident, which can be crucial for insurance claims and legal proceedings.
Exchange Information: Obtain the names, contact information, and insurance details of all drivers involved, as well as any witnesses.
Document the Scene: Take photos of the damage to all vehicles, the accident scene, and any visible injuries. These photos can serve as important evidence.
Talk to Witnesses: If there are witnesses, get their contact information. Their statements can be valuable in determining fault.

The Importance of Medical Attention

Seeking immediate medical attention after a car accident is critical, even if you feel fine. Adrenaline and shock can mask injuries, and some symptoms may not appear until hours or days later. Common car accident injuries include:

Whiplash: A neck injury caused by the sudden back-and-forth movement of the head.
Soft Tissue Injuries: Damage to muscles, ligaments, and tendons.
Broken Bones: Fractures in the arms, legs, ribs, or other bones.
Back and Spinal Cord Injuries: Injuries that can cause pain, limited mobility, or paralysis.
Head and Brain Injuries: Concussions, traumatic brain injuries, and other head trauma.
Internal Injuries: Damage to internal organs, which may not be immediately apparent.
Psychological Injuries: Emotional distress, anxiety, and post-traumatic stress disorder (PTSD).

Timely medical treatment not only addresses your injuries but also establishes a clear link between the accident and your health issues. This is crucial for insurance claims and legal cases. Be sure to keep detailed records of all medical evaluations, treatments, and expenses.

The Role of Medical Documentation

Medical documentation is vital in personal injury cases. It serves as evidence of the severity of your injuries, the treatment you received, and the impact the accident has had on your life. Thorough medical records can:

Establish the Severity of Injuries: Detailed records, including test results, physical exams, and treatment plans, provide objective evidence of your injuries.
Prove Causation: Medical records can link your injuries directly to the accident, demonstrating that they were not pre-existing conditions.
Demonstrate the Impact of Injuries: Documentation can show how your injuries have affected your daily life, including your ability to work and perform daily activities.
Justify Medical Expenses: Detailed records help validate the necessity and cost of medical treatment, strengthening your claim for compensation.

Navigating Insurance Claims

Dealing with insurance companies can be complex. Insurance companies have a duty to defend their insured clients and pay for damages, but they also aim to minimize their liability. Here’s what you should know:

Understanding Your Coverage: Review your insurance policy to understand your coverage limits, deductibles, and exclusions. Most policies include liability, collision, and comprehensive coverage.
Reporting the Accident: Notify your insurance company promptly after the accident.
Fault Assessment: Insurance companies will assess fault to determine who is responsible for covering the damages. They will use police reports, witness statements, photos, and other evidence to make this determination.
Negotiating a Settlement: Insurance companies may offer a settlement to resolve your claim. It’s important to understand the full extent of your damages before accepting any offer.
Uninsured/Underinsured Motorist Coverage: If the at-fault driver is uninsured or underinsured, your own policy may provide coverage.

When to Seek Legal Counsel

While you can handle some car accident claims on your own, there are situations where a car accident lawyer can be invaluable. Consider seeking legal help if:

You’ve sustained injuries: Even seemingly minor injuries can lead to significant medical expenses and lost wages.
Liability is disputed: If there’s disagreement over who is at fault, a lawyer can help gather evidence to support your claim.
Insurance issues arise: If the insurance company denies your claim, delays payment, or offers an unfair settlement, a lawyer can advocate for a fair resolution.
The accident is complex: Accidents involving multiple vehicles, commercial trucks, or serious injuries often require legal expertise.

A car accident lawyer can help you understand your rights, navigate the legal process, and ensure you receive the compensation you deserve. They can also prevent insurance companies from taking advantage of you.

Statute of Limitations

It’s crucial to be aware of the statute of limitations, which is the time limit for filing a personal injury lawsuit after a car accident. These time limits vary by state, typically ranging from one to several years from the date of the accident. Missing this deadline can result in losing your right to compensation. For example, in California, the statute of limitations for personal injury claims is two years from the date of the injury. In Maryland, it is generally three years.

How to Find a Good Car Accident Lawyer

Finding the right car accident lawyer can make a significant difference in the outcome of your case. Here are some tips:

Ask for Referrals: Seek recommendations from friends, family, or colleagues who have had positive experiences with car accident lawyers.
Look for Experience: Choose a lawyer or firm that specializes in car accident cases and has a proven track record of success.
Check Online Reviews: Look for lawyers with consistently high ratings and positive comments on platforms like Google, Yelp, or Avvo.
Schedule Free Consultations: Meet with potential lawyers to discuss your case and determine if you feel comfortable with them.

Conclusion

The reinstatement of the $7 million verdict by the state high court underscores the importance of protecting your rights after a car accident. By taking immediate steps at the scene, seeking prompt medical attention, documenting your injuries, and understanding your insurance coverage, you can safeguard your well-being and legal standing. If you’ve been injured in a car accident, don’t hesitate to contact our firm for a free consultation. We can help you navigate the complexities of your case and fight for the compensation you deserve.