Hurt in a Car Wreck?
Do You Have A Case?
by Mattie Taylor
The answer depends on the facts of your case and the law of the state where you were hurt. Even if you got a ticket as a result of the wreck, you still may have a case.
The initial analysis of your case starts with the information you provide us and the official police report. If you do not have the police report, we can get it for you. We can only give you specific advice once we have conducted a full investigation into the facts of your case.
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by Mattie Taylor
Even the most simple car wreck cases require special knowledge or the evidence in your case will be compromised. Many cars now have “black boxes” in them that must contain valuable clues about the driver’s driving habits including speed, braking habits and other driving issues. This evidence must be captured quickly or it will disappear.
: Many cars also have satellite communication systems that us where the car was located at any particular time. These records will be destroyed in the normal course of business if the insurance is not put on notice to save this valuable information. This information is important because it must be compared against the drivers testimony for accuracy.
: We may send an accident reconstruction expert to the wreck scene. This must occur very soon after the wreck so as to preserved evidence such as skid marks, gouge marks in the pavement and other valuable clues that will disappear over time.
: Insurance companies have been known to “lull” persons into a sense of security that they will “take care of you” all the while allowing this valuable evidence to disappear. They will call you “just to check on you” all the time gathering information they will use against you.
: It is illegal for a driver to speak on a phone, text or email while driving. Cell phone records can be discovered is there is a timely request from us from the cellular phone carrier. However, if a timely request is not made, the information will be destroyed.
: You need to know how much insurance the other driver had when the wreck occurred. In some states, such as Tennessee and Alabama, they do not have to tell you this information. In Arkansas, they must disclose this information. They will never tell you the amount of their coverage without the assistance of an attorney.
: Once the insurance company discovers your identity they will immediately begin to find out everything they can about you using Facebook, Twitter, Linked in, Instagram and other popular sites. DO NOT post about your case on these sites.
What Is My Case Worth?
The short answer is, "it is worth what the defendant is willing to pay out of court and it is worth what a jury will award in court." Many factors are considered by both sides in valuing your case. Some of those factors are:
- your age;
- your lost income;
- the extent of your injuries;
- any scarring or loss of use of part of your body;
- any pre-existing medical conditions;
- the total medical costs incurred to treat your injuries;
- the total cost of any future or anticipated medical treatment;
- the location where the harm occurred;
- the conduct of the person that caused you harm;
- the lawyer that you choose to represent you.
For example, in a wrongful death case, the damages for an executive who makes $100,000 a year would be greater than the damages for a 65 year old who is retired with no income. Similarly, a person with a neck injury who had prior surgery on the same area would be compensated less than a person with no prior medical history on their neck.
Other issues that impact the value of your case is the culpability of the person or thing that caused your injuries. Was their conduct intentional or negligence? For example, if you have been harmed by a person who was driving under the influence, your case would have much more value than if the person was sober with the exact same injuries.
Only after we fully investigate the facts of your case can we best advise you on the value of your case.
Always beware of any person, well-wishers and lawyers included, who tell you, "your case is worth millions" when they have not investigated the entire factual background of your case. While some circumstances would suggest you have a million dollar case, there are many factors that can still impact the value of your case. Likewise, beware of anyone who makes promises about what they can get you for your case. Our promise to you is that we will give you our entire commitment of time and resources to maximize the value of your case.
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