Nobody anticipates being in a car accident. Yet every year, thousands of people become victims of vehicle collisions. If you find yourself in this situation, you have options. You may not have to pay for your medical bills, property damage, and other out-of-pocket losses. There may be someone who is responsible to cover your damages. Our experienced car accident attorneys at Fielding Law can help you fight for compensation after a serious car crash. The Fielding brothers are honest, hard working and friendly. We have secured millions for car accident victims and will do everything we can to help you get the justice you deserve.
Do not try to self-represent during car accident insurance settlement negotiations or a jury trial. Although courts can permit self-representation, it is generally not in the auto accident victim’s best interest. You may think it will save you money in attorney’s fees, when really it could cost you thousands when compared to what an experienced car accident lawyer could have negotiated on your behalf. Retaining an attorney with a history of success in your practice area optimizes your odds of maximum recovery. Instead of settling for much less than your case is worth, work with an auto crash lawyer to fight for the compensation your injuries demand.
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One benefit you could enjoy with an experienced car accident attorney from Fielding Law, is personalized and immediate attention from a legal professional. Our team truly cares about our clients. Your success is our success. We prioritize personal service and one-on-one attention while pursuing compensation for personal injuries. You’ll have direct access to your lawyer, with detailed services from beginning to end. We have big-firm resources with small-firm attention, taking on a limited number of cases to guarantee a close eye on your individual case. With help from an accident attorney, you can truly protect your rights after a car crash.
Once you are on the road to physical recovery, contact our car accident Lawyers. We can help you gather more information about your crash and pursue just compensation through aggressive settlement negotiations or trial litigation. The team at Fielding Law has helped hundreds of auto accident victims improve their futures with financial compensation for damages. We want you to join our list of satisfied clients. Call (877) 727-8518 to schedule your free consultation. Hablamos Español.
Every state has unique laws concerning wrongful death claims after an accident. Some states allow only certain “heirs” or family members of a deceased individual may file a wrongful death claim if the death happened due to negligence or an intentionally harmful act. Surviving spouses, adult children, parents, stepchildren under the age of 18 at the time of the death, and any other blood relatives indicated in the state inheritance laws may be able to file the claim.
Whoever decides to bring the claim to court will act as the deceased’s representative. However, if the deceased specifically named a representative in his or her estate, courts might honor the deceased’s wishes and the indicated person will act as the representative.
If your loved one was killed in an auto collision, you need to file before the statute of limitations on wrongful death claims against private individuals or companies expires. The representative may file the claim directly, and a wrongful death claim may run in tandem with criminal prosecution of the defendant from the state.
How an insurance company or the courts treat your claim can depend greatly on the steps you take after your auto accident. Delaying medical care, for example, can tell an insurer that your injuries must not have been serious or very painful. Failing to follow a doctor’s orders during recovery can cause the defendant to argue that you contributed to the extent of your injuries. Not reporting the accident to authorities can erase your chance to have an official record of events. Follow these steps after a crash to protect your rights:
Damages in most car accident claims are similar to those seen in personal injury claims. However, claimants can secure additional types of compensation that are unavailable in injury claims. Plaintiffs filing a claim after the death of a loved one can be eligible for several damages including;
When fatal car accidents happen, they can send a family reeling from an unexpected death of a loved one. In these difficult times, surviving family members need reliable legal counsel who can handle the legal issues so they can grieve in peace. The Fielding Law team knows how difficult fatal car accident cases are for surviving families, and we go to great lengths to ensure our clients’ comfort and success.
Contact Fielding Law’s car accident Attorneys to schedule a case evaluation for your fatal car accident claim. We offer contingency fee pricing, so claimants do not need to worry about paying legal fees if they do not succeed in their cases. We’ll review the details of your claim and let you know what to expect.
Auto crash data allows researchers to identify certain types of collisions that are more common than others. Identifying your type of auto accident can help pinpoint its proximate cause. For example, rear-end collisions often stem from following too closely or distracted driving. An investigation can give you a more definite answer to what caused your collision, but understanding the common types can be a good starting point. Here are the five most common types:
If you find yourself the victim of any type of car accident, speak to a car accident attorney. Whether the crash was minor or major, you may have sustained injuries that lead to medical bills, missed time at work, physical pain, and emotional suffering. These are compensable damages in the eyes of the law, making you potentially eligible for financial recovery through a personal injury claim.
In some states it is possible to recover monetary compensation for your car accident even if you were partially at fault. Fault for a collision alone is not enough to bar you from recovery. As long as the courts find you at least less than 50% responsible for causing the crash, you may be eligible for partial recovery. Comparative fault can appear in many cases; especially those where the defendant uses the plaintiff’s shared fault as a defense.
Certain states abide by a modified comparative negligence law in deciding compensation for car accident claims. The comparative negligence principle states that a party’s fault for an accident will not bar that party from seeking damages as long as the percentage of fault is less than the other parties’ combined percentages of fault.
The legal systems that abide by comparative negligence recognize that most accidents do not stem from only one party’s fault. In any personal injury claim, the courts can divide fault among as many parties as necessary to serve justice. The defendants, however, are not the only parties who can face liability for an accident. The plaintiff, or party seeking recovery, may also share fault. As long as the plaintiff’s percentage of fault does not exceed the fault of the other parties, the plaintiff may still recover.
Don’t assume you can’t recover if you were negligent in some way that probably contributed to the accident. Talk to a car accident lawyer about comparative negligence laws. It may surprise you to find that you’re still eligible for compensation, as long as the courts find you less than 50% responsible for the car accident.
In cases that involve a plaintiff’s comparative fault, the courts will diminish the plaintiff’s compensation award by an amount proportionate to his or her percentage of fault. Take this example: In a case involving two drivers, the courts assign the plaintiff with 10% of fault for speeding, while the defendant receives 90% fault for running a red light. The total compensation award is $10,000. The plaintiff would take home $9,000 of this award, or the total minus the 10% fault ($10,000-$1,000). A plaintiff can still recover some compensation all the way up to 49% fault.
It can be difficult to establish comparative negligence. To use your own fault as a defense, the defendant must show proof you contributed to the crash. Both parties will need to investigate the accident and understand what happened in as much detail as possible. In general, if an investigation uncovers that one party was particularly negligent or careless, this party will bear the majority of fault for the collision. Assigning exact percentages, however, can be a complex legal process.
It is often up to the attorneys involved in the case to gather evidence and present facts to a judge or jury. A car accident lawyer can paint a picture of how the crash happened, including its most likely cause. Recreating the accident, hiring expert witnesses to testify, and interviewing eyewitnesses can all make a case stronger. Insurance companies can also conduct their own investigations and lend their findings to a case. Both parties will have to prove the other party’s fault for the accident for a comparative negligence claim.
Negligence is at the heart of all car accident claims. Your state may be a no-fault state in terms of insurance settlements. This means you have to recover through your own insurance company regardless of who caused the crash. There are, however, certain scenarios in which you can sue outside the confines of the no-fault laws. You could pursue a negligence-based claim against the other driver or a different party if your medical bills exceed a certain threshold. These claims depend upon the injured party’s ability to prove fault.
There are four main elements you need to prove negligence:
Every driver owes all other drivers duties of care on the roadways. If you get behind the wheel, you’re taking on automatic duties to obey the rules of the road, drive safely, and reasonably prevent car accidents. It’s typically easy to prove that another driver or other entity owed you a duty of care in an accident.
Breach of duty is often the most difficult element to prove in a car accident claim. The defendant’s breach of duty, or act of negligence, can be anything that fails to fulfill the expected standards of care the defendant owed the plaintiff. A breach of duty can be drinking and driving, texting and driving, falling asleep behind the wheel, speeding, or some other act of negligence.
You must then show a causational link between the defendant’s breach of duty and your car accident. For example, you probably would not have a claim against a driver if a pothole made your vehicle lose control, even if the driver wasn’t paying attention. The defendant’s actions must be the proximate, or main, cause of your accident.
Finally, you must have evidence of real and compensable damages as a result of the collision. Real damages in the court system can include personal injuries, property damage, lost wages, and pain and suffering. You may be able to seek recovery for both economic and non-economic damages.
This is what our former clients are saying about us:
“After the auto accident, we could not have done better than to have Mitchell Fielding represent us. He is knowledgeable and does the research. He will talk to you any time and lets you know that he is there to help with anything. This man will go the extra mile and then some. I hope we never have another situation like this, but if we did, Mitch is our go to guy.” -Debra White