A car accident lawyer is a lawyer that provides legal representation to people who claim to have had been injured, either physically or mentally, as the result of the negligence of somebody else, business, government agency or some other entity. Personal injury lawyers mainly practice in the field of law called tort law. This is the area of civil law governed by the tort system, which aims to compensate victims for injuries or the loss that they have suffered as a direct result of another person’s, organization’s or government’s negligence. Civil law is separate and distinct from the criminal law and focuses on the social contract between individuals and entities. When a person suffers physical injuries as a result of another person’s or organization’s negligence, this is referred to as civil law and an auto accident lawyer is needed in order to be adequately represented.
In most states in the US, auto accidents are not categorized as no-fault incidents. In such states, drivers’ negligence is held to be a cause of an accident, even if it occurs in an activity conducted in the state. This means that if a driver causes an auto accident in Texas, then both parties may be held liable for damages. In most cases, the person or entity at fault will have been lawfully liable under the law whether the plaintiff or defendant is aware of this at the time of the accident. Under such circumstances, the personal injury attorney will be able to determine who should pay for what type of damages.
Some states, however, categorize accidents into two types: At-fault and No-fault. The former involves a driver being responsible for causing the damage or injury; whereas the latter does not. An at-fault party is usually held legally liable if it can be proven that the insured caused or contributed to the accident. As such, the insurance company of the at-fault party will compensate for the damages caused by the insured. The at-fault party then has the opportunity to pursue compensation from the other party. However, if it is shown that the at-fault party was not legally liable, the plaintiff will not be fully compensated.
In Texas, as in many other states, no-fault insurance companies are allowed to deny coverage to any passenger in their vehicles. Thus, a plaintiff is not protected in every situation. However, if he or she has comprehensive coverage, he or she may recover certain compensation from the responsible party. In other states, the law may allow for no-fault benefits only if the vehicle was not insured at the time of the accident. If, nevertheless, the vehicle was insured, the at-fault party is not entitled to any no-fault benefits. These are known as PIP (pre-paid benefits).
Most no-fault benefits are intended to assist those who suffered serious or debilitating injuries in an auto accident. They also cover their dependents, such as spouses and children. Some states also provide no-fault benefits for serious or crippling injuries resulting from auto accidents. In general, the laws governing these no-fault benefits vary among the states. No matter where you live, however, the laws always protect the injured party, and give those who suffer from injuries more assistance.
The extent of your legal protection will depend on the nature of the accident itself, as well as on the insurance company of your vehicle, which will also determine the potentiality of future claims against you. It is always a good idea to retain an auto accident lawyer should you be involved in a car accident that was not your fault. A lawyer will know better what to do and will have a good understanding of your coverage and the legal process in general.
When it comes to filing a claim, there are a number of things that need to be taken into consideration by both the victim and the defendant. First and foremost, the injured party must seek medical attention immediately. Without it, there will be no determination of the severity of injuries, and thus no determination of the amount of compensation to be paid. Also, medical treatment and care may be delayed, which will affect your ability to obtain future benefits, such as no-fault insurance. No-fault insurance covers all medical and funeral expenses, so the delay in treatment could be considered negligence on the part of the insurer.
If your car accident resulted in severe or life-threatening injuries, you should consult with a car accident lawyer to determine whether any legal action can be pursued against the driver of the other vehicle. Insurance companies try very hard not to admit fault, and it can be very difficult to determine who is at fault in an auto accident. The responsible party is usually immune from personal liability lawsuits regarding car accidents. If the other driver refuses to cooperate with the investigations being conducted by the insurance company’s investigators, or if the responsible party is unwilling to make any repairs, the case may not succeed. So, regardless of whether you have a whiplash injury or not, contacting a professional car accident lawyer immediately could mean the difference between financial success and financial failure.