Get in an accident and injure yourself?
Millions of Americans have found themselves in this exact situation every year. The good news is there are legal options for victims of car accident injuries that have proven successful for those who pursue them.
In fact…
Knowing your options and working with the right team of professionals can mean the difference between drowning in medical debt or getting back on your feet after an accident.
In this article, we are going to show you exactly what those legal options are and exactly how to pursue them. We will also give you advice on strengthening your case to maximise your settlement amount.
We will cover:
- Why you should work with an attorney after an accident.
- What the main legal options are for injury claims.
- How to strengthen a car accident injury case.
- The types of compensation car accident injury victims can recover.
As a preview, here is a look at the legal options for victims of car accident injuries that work best in different situations.
Reality of Car Accidents in the United States
Millions of Americans get injured in car accidents every single year.
The result is a lifetime of recovery, pain, and expense.
The NHTSA estimates that an average of 39,345 people were killed in traffic crashes in 2024. We know that dying in a car accident is the worst possible outcome, but even surviving an accident can cause life-altering injuries.
The estimated 3 million people who suffer from injuries in car accidents each year know this all too well.
When you injure your neck, back, or head in an accident, that can mean a lifetime of pain. If you suffer from a TBI, amputation, or fracture, those injuries can change the course of your life.
The medical bills and missed wages from an accident can quickly create financial problems.
In the chaos of an accident, many victims make the mistake of not exploring the legal options for victims of car accident injuries. Working with experienced accident lawyers can guide you through the claims process and help you fight for fair compensation.
Why you should work with an attorney after an accident
Insurance companies are not on your side after a car accident.
In fact, insurance companies are not on the side of their own policyholders when it comes to car accidents. These businesses employ adjusters and attorneys whose job is to minimise their payout on any given accident.
Insurance companies routinely adjust payouts downwards and even deny legitimate claims.
Filing a claim or lawsuit against an insurance company without an attorney is a risky proposition. In most cases, victims represent themselves. The result is the insurance company simply paying as little as they can get away with.
A qualified car accident attorney is an advocate for accident victims. They understand insurance companies’ tactics and know how to hold those companies accountable.
But that is not all.
The insurance claim process can be intimidating for accident victims. Settlement amounts, statutes of limitations, negotiation strategies, and legal rights are confusing concepts for those outside the legal profession.
This is why having an attorney can give you a valuable advantage in a claim or lawsuit. This professional is not only your advocate but can also help guide you through the process in a way that ensures the best possible outcome.
The main legal options for injury claims
Insurance claims
Insurance claims are typically the first step for any car accident injury claim. You can file a claim with the at-fault driver’s insurance company and potentially receive compensation without ever having to file a lawsuit.
Insurance claims involve collecting documentation of the accident scene, your injuries, and medical records. After sending a demand letter, you would negotiate a settlement with the insurer.
Most car accident injury cases are settled at this point. Insurance companies do not want to go to court. But if a fair offer is not forthcoming, other legal options exist.
The next step is filing a lawsuit against the at-fault driver. A lawsuit moves the claim before a judge or jury who would ultimately decide liability and damages.
Lawsuits almost always take more time to resolve than insurance claims. They also generally result in larger payouts. The lawsuit discovery process alone takes months.
Alternative dispute resolution
Methods such as mediation and arbitration provide middle-ground options for those injured in car accidents.
Arbitration and mediation involve third-party arbiters who would review the claim and make a ruling.
Alternative dispute resolution is faster and cheaper than going to trial. Mediation and arbitration still allow the victim a chance to present evidence and tell their story.
How to Strengthen a Car Accident Injury Case
Want to give yourself the best chance of a successful insurance claim or lawsuit?
The strength of a car accident injury claim is largely determined in the hours, days, and weeks immediately following the accident.
Evidence gathering right after the accident can make or break a claim. The first step is simple documentation.
Take pictures of the scene of the accident, damage to any vehicles involved, and visible injuries. If there were witnesses to the crash, get their contact information and statements. Finally, request a copy of the police report.
Seek medical attention immediately
The injuries of a car accident may not be immediately apparent. If you do not feel hurt at the accident scene, you could have internal bleeding, a brain injury, or whiplash that shows no symptoms at first.
Medical records also provide a clear causal link between the accident and the injuries sustained. Insurance companies may dispute any gaps in medical care.
Keep meticulous records
Record every expense you incur due to the car accident. This includes medical bills and receipts, lost wages, transport to medical appointments, and out-of-pocket expenses.
Keeping track of all these costs helps you calculate your total damages. It also proves to insurers that you were not living an extravagant lifestyle during recovery that you may not be entitled to compensation for.
Avoid these common mistakes
Do not give recorded statements to insurance companies or make public social media posts about the accident without the advice of a lawyer. Do not make rushed settlements before you have a clear understanding of your injuries and recovery process.
Mistakes like these can significantly harm your case.
What Compensation Car Accident Injury Victims Can Recover
Damages in a car accident case are categorised as either economic, non-economic, or punitive. Economic and non-economic damages are sometimes referred to as special and general damages.
Economic damages
Economic damages are out-of-pocket costs resulting from the accident. This would include past and future medical bills, lost wages, reduced earning capacity, and property damage.
Economic damages can be clearly calculated with bills, receipts, and estimates. These are the most easily provable and verifiable damages in a claim or lawsuit.
Non-economic damages
Non-economic damages are compensation for intangible losses. This could be pain and suffering, emotional distress, loss of enjoyment of life, or loss of consortium.
These damages are more subjective and harder to calculate. However, they often make up the bulk of a personal injury settlement.
Punitive damages
Courts may also award punitive damages in car accident cases involving gross negligence or intentional wrongdoing. Punitive damages are not tied to any actual losses suffered by the victim.
They are instead meant to punish the defendant and deter others from similar behaviour.
To get punitive damages, you need to prove the at-fault driver intentionally or recklessly endangered others in a way that no reasonable person would.
Wrapping It Up
Navigating the aftermath of a car accident injury can be a long and complex process.
But you do not have to go through it alone.
The legal options for victims of car accident injuries are well-defined. Insurance claims work well for straightforward cases. Lawsuits can help fight unfair insurance company practices. ADR provides the fastest path to a decision in many cases.
The first steps to take after an accident are documenting the accident, seeking immediate medical care, and working with a qualified attorney.
The right legal guidance can turn a stressful and confusing situation into a path towards fair compensation and recovery.
