Serious Car Crash Lawyer (2022)

Severe car accidents with fatalities and other devastating outcomes are on the rise. The National Highway Traffic Safety Administration (NHTSA) projects that more than 31,000 individuals died in car crashes between January and September of 2021 alone, more than in any year since 2006. Severe car accidents can cause deaths, life-changing physical injuries, and lifelong emotional trauma. Such cases typically require the help of a serious car crash lawyer for the best possible outcome.

While we cannot turn back the time, Morgan & Morgan could help ease the financial burden for you and your family. We see firsthand the damage and heartbreak serious vehicle accidents cause. Our compassionate car crash attorneys focus on assisting victims with recovering compensation for medical expenses, loss of wages, pain and suffering, rehabilitation costs, and other expenses. If your loved one passed away, we could help you receive what you need to put your life back together financially.

Let us deal with the legal aspects of your case so you can focus on your recovery. Contact Morgan & Morgan now for a free consultation to determine how we can help.

Types of Serious Car Accidents

While every type of car accident has the potential for fatalities and serious injuries, some accident types are more dangerous than others.

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Head-On Crashes

Head-on collisions are not as frequent as other types of crashes. However, they tend to have devastating consequences, particularly when occurring at high speeds. Head-on accidents frequently result in fatalities and catastrophic injuries.

Side-Impact Collisions

Side-impact crashes are also called T-bone accidents and primarily occur at intersections. In these collisions, one car typically plows head-first into the side of another. Unlike at the front and back, cars have very little protection on their sides. Therefore, fatal or catastrophic injuries often occur with high-speed side-impact collisions.

Rollovers

High-profile vehicles, such as vans, trucks, and SUVs are more likely to experience a rollover accident than smaller cars. Rollover accidents can occur in single-car crashes, for example, when a driver tries to avoid an object, car, or person in their path. Since the car flips over in such accidents, occupants can suffer significant and life-altering injuries.

Multiple Vehicle Pile-Ups

A road traffic accident involving several vehicles can be particularly dangerous as cars may get hit multiple times. Moreover, passengers can get trapped in their cars and find it impossible to escape safely, especially when such accidents happen on a high-speed road or highway.

Rear-End Accidents

Many rear-end accidents, particularly in urban areas, are little more than fender benders. However, if a rear-end crash happens at high speed or a small passenger car is rear-ended by a heavy commercial truck, fatalities and serious injuries can occur.

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What Causes the Most Severe Car Crashes?

Most serious vehicle accidents are caused by negligent or dangerous driving behaviors. According to the Insurance Information Institute (III), most severe crashes occur due to speeding. In second place behind speeding is driver intoxication as a cause for crashes. Ten percent of drivers involved in fatal crashes were impaired due to medication, alcohol, or drugs. Other reasons for severe accidents can include:

  • Failure to yield the right of way
  • Failure to stay in the proper lane
  • Operating a vehicle carelessly

While most accidents are caused by driver error, some can occur in poor weather conditions, due to poor roads, or from car defects. If you seek compensation after a severe car accident, an attorney from Morgan & Morgan could help to shed light on the cause of the accident and who is responsible.

Serious Car Crashes Lead to Catastrophic Injuries

Serious car wrecks can lead to permanently disabling injuries. Victims with catastrophic injuries and steep medical expenses often struggle to receive the financial compensation they need. There may not be sufficient insurance coverage for their current and future medical costs. Therefore, working with a serious car crash lawyer can be critical for receiving maximum recovery when another caused your accident and injury.

What Is a Catastrophic Injury?

A catastrophic injury is loosely defined as a significant injury resulting in long-term medical issues, reduced life expectancy, or disability. Suffering from a catastrophic injury can cause chronic pain and be life-altering in many ways. For example, victims may never be able to return to their careers or could require around-the-clock care for the rest of their lives. Some severe injuries that can qualify as catastrophic include:

  • Traumatic brain injury (TBI)
  • Loss of limb(s)
  • Significant burns
  • Spinal cord injuries and paralysis
  • Internal injuries
  • Complicated fractures
  • Significant mobility and motion impairments

Working with an experienced and tenacious car accident attorney can be critical in proving your degree of impairment and receiving adequate damages.

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Damages Victims Could Receive

If you or a loved one suffered severe injuries due to the recklessness or negligence of another person, you could be entitled to compensation, including awards for:

  • Past, present, and estimated future medical expenses
  • Wage loss and expected future wage losses
  • Home health services
  • Physical pain and anguish
  • Emotional suffering
  • Permanent disfigurement
  • Disability
  • Reduced life quality

In some rare cases, victims could also receive punitive damages. If a defendant acted particularly egregiously in causing the accident, a court could award punitive damages.

Morgan & Morgan’s seasoned car accident lawyers can help calculate the value of your claim and fight for full compensation from the insurance company or defendant.

Wrongful Death Lawsuit

Unfortunately, severe car crashes frequently lead to tragic and untimely deaths. If you lost a loved one in a car wreck, our compassionate attorneys can offer legal guidance during this most difficult time. Although no amount of compensation can heal your grief or bring back your loved one, financial awards can help you get back on your feet and provide some security for the future.

Survivors Could Receive Damages

Nobody who lost a loved one due to another’s negligent or wrongful conduct should have to struggle financially as a result. Steep medical expenses, funeral costs, and loss of income from the decedent can cause great struggle and worry. However, if another caused the accident, you could qualify for compensation such as:

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  • Medical bills before your loved one passed away
  • Loss of companionship
  • Funeral and burial expenses
  • Loss of services and assistance from the deceased
  • Mental anguish
  • Loss of the deceased’s wages and benefits

Bereavement can severely impact your work and home life and cause you to miss work or experience mental health issues. Morgan & Morgan understands that you may not feel like fighting a lawsuit during this upsetting time. We can take care of all the legal aspects so you have time to heal.

How a Morgan & Morgan Car Crash Lawyer Can Help

If you suffered extensive injuries in a collision or a loved one died in an accident, and you want to recover adequate compensation, consider consulting with us as soon as possible. Going it alone may not only prove stressful and overwhelming but could also lead to losing out on the compensation you deserve. Our car accident lawyers can handle all aspects of your case, including:

Gather Evidence to Prove Your Claim

You may be sure that the other driver caused the accident. However, to have a case and receive compensation, you will have to prove the other person’s fault with comprehensive evidence. An attorney can gather the relevant accident reports, collect witness statements, organize the evidence, and build a case against another driver.

Calculate and Prove Your Damages

Proving damages such as pain and anguish or loss of life quality can be tricky. Yet, if you suffered catastrophic injuries or a loved one died in an accident, such damages could make up a large proportion of your settlement. Knowing how to calculate non-economic damages can be critical for obtaining what you and your family deserve. Our lawyers can liaise with your medical providers to prove our injuries, expenses, and suffering.

Negotiate With Insurance Companies

Communicating with the other party’s insurer should be handled by an experienced car accident attorney who can protect you from any attempts to minimize your claim. It is important to remember that insurance companies have their own best interests at heart rather than yours. Do not agree to give recorded statements or get involved in discussions with adjusters. Our car accident attorneys can handle all communication and negotiation and will fight hard for what you deserve.

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Provide the Best Possible Legal Representation

Having a lawyer by your side is not only of practical help but can also signal to the insurance company and the at-fault party that you are serious about getting justice. If your injuries and financial losses are considerable, having professional and dedicated legal representation in your corner puts your mind at ease and can aid your recovery. A determined attorney will handle all legal aspects of your case with your best interests at heart. They know what your case is worth and can fight for maximum possible recovery so you can start with rebuilding your life.

FAQs

What can I claim after a car crash? ›

After a personal injury, you can claim for pain and suffering, loss of earnings and future loss of earnings. It is also possible to claim for expenses such as damaged clothing, travel costs, helps from family or additional equipment you have had to buy due to your accident injuries.

Can I claim if accident was my fault? ›

In order to make a successful personal injury compensation claim, you need to be able to prove that the accident was caused due the negligence of another person or company. It is therefore not possible to make a claim if you were entirely at fault for causing the accident.

How do I claim whiplash after an accident? ›

The following steps outline what you need to do when making a whiplash claim:
  1. Exchange personal and insurance details with any other drivers after an accident.
  2. Contact your insurer and tell it about the accident.
  3. Take photographs and take down names of witnesses.
  4. Visit a doctor if you have symptoms of whiplash.
17 Feb 2022

Do I need a solicitor for car accident? ›

There is no legal requirement to instruct a solicitor to handle your claim. Legally you are perfectly entitled to act on your own behalf and pursue your claim without the assistance of a solicitor.

Can I claim for stress after a car accident? ›

If you were involved in a car accident that was not your fault, you may be eligible to claim compensation for all injuries, physical as well as mental. This includes anxiety.

How long does compensation take after a car accident? ›

How long does a compensation payment take to come through? Once your claim has been settled, your compensation will normally be paid to you quite quickly - usually within 2 weeks to a month. If your case is settled in court, the judge will give a deadline for you to receive your compensation by.

Does insurance pay out if your fault? ›

If you are considered at fault for an accident or loss, your insurer won't be able to recover their costs if they've paid for your repairs. Not only that, the third party or their insurer will probably claim back their own costs from your insurance company.

Can I claim for whiplash if it wasn't my fault? ›

The answer is yes. If you get whiplash after being in an accident that wasn't your fault, either as a driver or a passenger, you can make a whiplash claim on the at-fault driver's insurance.

Can I claim for an accident after 3 years? ›

Time limits

The most common claim in a personal injury case is negligence and the time limit for this is 3 years. This means that court proceedings must be issued within 3 years of you first being aware that you have suffered an injury.

Does whiplash show up on MRI? ›

While whiplash does not have a definitive appearance in MRIs, they are useful for diagnosis. First, MRIs can rule out things like fractures, slipped discs, or other severe injuries that may cause pain, allowing doctors to determine whiplash as the primary injury to treat.

Does whiplash show up on xray? ›

A whiplash injury isn't apparent on imaging tests. But your doctor will likely order one or more imaging tests to rule out other conditions that could be making your neck pain worse. Imaging tests include: X-rays.

What does a whiplash headache feel like? ›

What are the symptoms of whiplash headache? Patients with headache after a whiplash injury will typically experience pain in the back of the head where the head meets the neck. This pain may radiate to the temples, the top of the head, the front of the head or down the neck. The pain may be intermittent or constant.

What can I claim compensation for? ›

Compensation
  • personal injury.
  • losses from theft or damage to property.
  • losses from fraud.
  • being off work.
  • medical expenses.
  • travel expenses.
  • pain and suffering.
  • loss, damage or injury caused to or by a stolen vehicle.
12 Apr 2022

Who pays for injury claims? ›

Your injury compensation claim is brought against the person or organisation that is to blame (or partially to blame) for causing your injury. In most cases that person or organisation will have insurance – we usually negotiate with their insurer who then pay any compensation you are due.

How much do no win no fee solicitors charge? ›

Your solicitor will charge you what is known as a success fee. This will typically be a certain percentage of your compensation. In most No Win No Fee cases, your solicitor will take 25%. The laws around road traffic accidents changed in May 2021.

Can I claim compensation for depression? ›

Psychological Injuries You Could Claim Compensation For

Psychiatric damage can encompass various forms of suffering. They include but are not limited to, anxiety, distress, depression, embarrassment, panic attacks, and personality disorders.

Can you claim compensation for anxiety? ›

Compensation claims for anxiety can be made, even if you have not suffered any physical injuries in the accident. The anxiety you are experiencing must be serious enough to fall into a specific class of psychiatric symptoms that are a recognised condition.

How long does anxiety last after car accident? ›

It is understandable to feel anxious and paranoid after a car accident. Many accident victims struggle with emotional distress. The symptoms of emotional distress can last for a few days or weeks after the accident. Some individuals may experience symptoms for several months or longer.

Should I accept the first compensation offer? ›

Should I accept the first compensation offer? Unless you have taken independent legal advice on the whole value of your claim, you should not accept a first offer from an insurance company.

How long do insurance payouts take? ›

Once an insurance company has admitted liability and agreed to process the claim, they tend to move quickly. Some claimants receive their compensation in a few days. More commonly, the claimant will receive their compensation payment within 2 and 4 weeks.

How long does an insurance company have to investigate a claim? ›

Generally, the insurance company has about 30 days to investigate your auto insurance claim, though the number of days vary by state.

How do insurance companies determine who is at fault? ›

The adjuster will gather details about the accident. This may include reviewing the police report, interviewing involved parties and assessing photos of damage. Based on their review, the adjuster works with the insurer to determine who's at fault for the accident.

What is not covered in car insurance? ›

Any damage related to the engine as well as gearbox of the insured's car is not covered under the policy. The policyholder will get compensation in case of theft of the insured's car. The policy does not cover damages incurred exclusively to the tyres and tubes of the insured's car.

How does insurance work when it's not your fault? ›

If you weren't at fault in an accident, you also have the choice to file a claim with the other driver's insurance company, called a third-party claim. In a third-party claim, the other insurance company will pay for your car repairs once it determines their driver was at at-fault.

Should I accept my first whiplash offer? ›

He's right to point out that it's usually a mistake to accept a pre-medical offer, especially in claims involving “whiplash” injuries where the innocent claimant suffers neck and/ or back strain in road accidents. This is because personal injury claims are as varied as the people who make them.

Do insurance companies pay out for whiplash? ›

The insurance provider will make a compensation offer based on the circumstances of your claim, including the medical report and any other losses you've included. If you have a whiplash injury, this will be based on a fixed tariff (see below). You can accept or challenge the offer.

How long do whiplash claims take to settle? ›

Most whiplash claims should be settled in less than six months.

Who is the third party in an accident claim? ›

The term 'third party' refers to a person involved with a car insurance claim who is not you – (the holder of the policy or the driver). So this is usually the other driver involved in an accident.

What are the two types of personal injuries? ›

There are two main types of personal injury compensation damages: compensatory damages and punitive damages.

Is there a time limit to claim on car insurance? ›

There is usually no specific time limit for comprehensive car insurance claims. But generally it is recommended that you get in touch with your insurance provider as soon as possible following an accident and file a claim.

How much pain and suffering should I ask for? ›

For example, if you had $50,000 in medical costs and other hard costs, and your suffering was rated at about a 3, then the pain and suffering damages should come to about $150,000 (3 x $50,000 = $150,000).

Does MRI increased settlement? ›

However, in most cases, an MRI does increase the value of your settlement. Because of the increased cost, the MRI typically increases settlement on its own. Any injuries documented with the scan may also contribute to your case as proof of injury during your accident.

How can doctors tell if you have whiplash? ›

A: Your assessment will start with a physical exam. Depending on the results, a doctor might order a magnetic resonance imaging (MRI), computed tomography (CT) scan or X-ray if they suspect whiplash. But for most people, the injury occurs within structures too small to be seen in these tests.

What part of the brain is damaged in whiplash? ›

A morphological brain lesion following whiplash-type trauma may be expected if the acceleration-deceleration forces achieved high magnitude. If this magnitude is achieved, lesions will primarily occur in the rostral brain areas (prefrontal cortex, frontal or temporal pole).

What is the best painkiller for whiplash? ›

Take painkillers or other drugs, if recommended by your doctor. Medications like acetaminophen (Tylenol) or non-steroidal anti-inflammatory drugs (NSAIDs), like ibuprofen (Advil, Motrin) or naproxen (Aleve), will help with pain.

What muscles are injured in whiplash? ›

Previous work has shown potentially injurious musculotendinous strains of the sternocleidomastoid muscle during whiplash injury,11 and recent evidence demonstrates the occurrence of larger strains in the superficial posterior neck muscles (semispinalis and splenius capitis and upper trapezius) during rear-end impacts.

What are 3 signs of a neck injury? ›

Common neck injury symptoms
  • Difficulty turning the neck.
  • Headaches.
  • Muscle spasms in neck and shoulders.
  • Neck pain.
  • Stiffness in the neck.
  • Weakness in the legs, arms, hands or fingers.

What happens if whiplash goes untreated? ›

Whiplash is no different. Like most other injuries, serious side effects can occur when left untreated: Stiffness and loss of motion. As well as the chronic neck pain and stiffness, untreated whiplash can even lead to degenerative disc disease and vertebrae misalignment.

Can whiplash cause neurological problems? ›

Whiplash can cause neurological problems. Basically, there are two types of neurological problems. The first is direct nerve root encroachment or nerve root irritation from direct pressure like herniated discs. As shown in previous blogs regarding the Croft grade for whiplash injuries, this is a type IV and V injuries.

Can you claim damages for emotional distress? ›

You can claim for the emotional distress the discrimination has caused you - this is called 'injury to feelings'. You'll need to say how the discrimination made you feel. Ask your family, friends, colleagues, medical professionals or support workers if they'll be witnesses to how the discrimination affected you.

How is compensation calculated? ›

The composition of compensation

compensation is split into three parts – or 'heads of damage'. Each part considers either what the injured person has already lost, what he might lose or need in the future, or how much he has suffered. The courts often calculate using previous cases with a similar injury.

Can you claim damages for stress and inconvenience? ›

In general therefore while claims for stress and inconvenience are not common, they can can be pursued in limited circumstances. In most cases such claims are made in conjunction with claims for more conventional financial loss arising from the negligence, so they form one element of a larger claim.

What happens if I lose my personal injury claim? ›

If you don't win your claim and receive no compensation, the defendant will seek to recover their costs from you. These, and any other costs payable, would be paid by an After the Event (ATE) insurance policy.

How do I claim compensation from an accident? ›

Application for grant compensation can be filed before the motor vehicle claims tribunal having jurisdiction of the area/place where accident took place or where the claimant resides or where the owner of the vehicle resides under Section 166 & 140.

When should you make a personal injury claim? ›

A personal injury claim is a legal case you can open if you've been hurt in an accident and it was someone else's fault. It's the formal process of recovering compensation from the other party, who was responsible for your injury. This will usually come from their insurance company.

What happens if I lose a no win no fee case? ›

What happens if I lose a No Win No Fee compensation claim? A No Win No Fee agreement covers you from having to pay your legal fees should you lose your case. This means in the event that you did lose your case, you wouldn't be charged any legal fees.

Why do solicitors take 25 percent? ›

Since April 2013, the Government changed the rules around Solicitors costs and their success fees. Without getting too technical, it allowed Solicitors to deduct up to 25% of people's damages; to cover the loss of the success fee in their costs.

What percentage of no win no fee cases are successful? ›

Since the law changed in April 2013, claimants on a no win, no fee agreement must pay a success fee out of their compensation. This success fee is usually a percentage of the total compensation award or settlement. In most cases, the success fee will be 25%.

What is the average payout for a personal injury claim UK? ›

Moderately severe: £192,090 – £247,280. Moderate: £37,760 – £192,090. Less severe: £13,430 – £37,760. Minor brain or head injury: £1,940 – £11,200.

Should I accept the first compensation offer? ›

Should I accept the first compensation offer? Unless you have taken independent legal advice on the whole value of your claim, you should not accept a first offer from an insurance company.

Can I claim for pain and suffering? ›

The basic legal principle behind an award of compensation for pain and suffering is to put the injured person back into the financial position they would have been in had the accident not occurred.

How much compensation will I get for whiplash UK? ›

The average whiplash payout in the UK is between £1,000 to £3,000 for milder injuries where there is some discomfort and headaches lasting from a few days to a few weeks. More severe whiplash injuries with longer-term symptoms can settle for up to almost £100,000 in the most serious cases.

What is a good settlement? ›

A good settlement offer should not only be able to cover your hospital bills and legal fees, but it should also be equivalent to close to a years' worth of your current wages, especially in cases where your injuries may be permanent or cause some kind of disability.

How long does a claim take to settle? ›

A straightforward injury claim could take around six months to settle, while a more challenging case could take three years or longer to come to an end.

How compensation is calculated? ›

In the case of total permanent disability of an employee due to an accident in the workplace, the compensation that is offered under workmen compensation policy are: 50% of the monthly salary X relevant factor based on the age of the worker. 1,20,000 is the minimum amount payable in this situation.

How much can you get out of pain and suffering? ›

How is Pain and Suffering Calculated? There is no clear pain and suffering calculator, either for a judge and jury or for an insurance company. Typically, pain and suffering get based on a percentage of your special damages: usually between 1.5 and 5 times the special damages from your claim.

How long does it take for an insurance company to make an offer? ›

Typically, it can take anywhere from one to two weeks for the insurance company to respond to your demand letter. Then it can take anywhere from weeks to months until you reach a settlement that you will accept. Some people accept the first or second offer, while others may accept the third or fourth counteroffer.

How long does it take to investigate a car insurance claim? ›

How Long Does an Insurance Claim Investigation Take? After filing a claim for property or car insurance, expect to hear from the insurance adjuster within one to three days. It may take longer if the adjuster has to inspect the alleged damage.

How is injury compensation calculated? ›

Your compensation will be calculated by adding together: General damages - awarded for pain, suffering and loss of amenity (PSLA), and; Special damages - awarded for any financial losses or costs you have incurred.

What can you get compensation for? ›

You can be compensated for a range of things, such as:
  • personal injury.
  • losses from theft or damage to property.
  • losses from fraud.
  • being off work.
  • medical expenses.
  • travel expenses.
  • pain and suffering.
  • loss, damage or injury caused to or by a stolen vehicle.
12 Apr 2022

What are the two types of personal injuries? ›

There are two main types of personal injury compensation damages: compensatory damages and punitive damages.

What is Level 2 whiplash? ›

Grade 2: The patient exhibits musculoskeletal signs including decreased range of motion and point tenderness. Grade 3: The patient also shows neurologic signs that may include sensory deficits, decreased deep tendon reflexes, muscle weakness. Grade 4: The patient shows a fracture.

Should I accept first offer for whiplash? ›

He's right to point out that it's usually a mistake to accept a pre-medical offer, especially in claims involving “whiplash” injuries where the innocent claimant suffers neck and/ or back strain in road accidents. This is because personal injury claims are as varied as the people who make them.

What does a whiplash headache feel like? ›

What are the symptoms of whiplash headache? Patients with headache after a whiplash injury will typically experience pain in the back of the head where the head meets the neck. This pain may radiate to the temples, the top of the head, the front of the head or down the neck. The pain may be intermittent or constant.

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