A car accident certainly isn’t something that happens every day. That means that when we’re involved in one, most of us are unsure about what happens next, or how the process works. In addition to loss of transportation, accident victims must also maneuver the claims process, deal with any injuries, and potentially lose income due to time out of work. All these factors can make it even more difficult to navigate through a car accident claim.

Potential Outcomes

Despite the apparent intricacies of a car accident case, there are really four potential paths that an auto accident case can take:

1. Each driver’s insurance covers respective damages. Florida is a No-Fault state, meaning that each driver’s insurance pays any claims, regardless of which driver caused the accident. If damages from the accident don’t exceed the claimant’s policy limits, then the at-fault driver’s insurance company isn’t responsible for anything. If the claimant’s damages exceed policy limits, then one of the other steps will be necessary to obtain payment from the at-fault driver’s insurance company.
2. The claim is settled without any court involvement. Generally the at-fault driver’s insurance company will offer a settlement to other drivers in the accident. This settlement may not always represent the payment to which the other claimant is entitled. Claimants should always consult an attorney before accepting any settlement. Usually if a claimant accepts a settlement prior to the filing of any court motions, the claimant must file a “waiver of claim.” This waiver means that the claimant waives the right to file future claims in reference to the auto accident.
3. The parties reach a settlement after a court motion has been filed. Sometimes it takes a lawyer filing a claim to go to court, for an insurance company to offer a reasonable and fair settlement. Usually insurance companies prefer to avoid the time and cost of a court case, so they may decide to settle instead. If this occurs, the claimant must then file a “withdrawal of claim” and agree not to seek future compensation for the accident.
4. The claim goes to court. Sometimes the case may go to arbitration or mediation first, but if this doesn’t work, then everything goes like any other trial. Each side must present evidence and witnesses. Often your lawyer will hire doctors or other experts to testify as expert witnesses, especially if injury was involved. Once both sides have presented their evidence, the judge makes a ruling. Insurance companies usually keep an entire legal team on retainer, so it’s highly unadvisable to go to trial without qualified legal counsel.

Regardless of whether a case goes to trial, it’s important to document every aspect of a claim. Lack of proper documentation can mean denial of a claim or failure to recoup sufficient compensation. An attorney who is well versed in accident law can ensure that you get full payment, in a timely manner.

Car accidents can result in more than a simple visit to the body shop. Auto accidents can also result in a wide variety of injuries, some of which cause lasting damage. But at what point does an injury move from “short term” to “long term,” and what are the legal implications for the person who suffers the injury?

Short- Versus Long-Term Injury

If the effects of an injury last beyond six months, that injury can generally be classified as “long-term.” Long-term injuries may still heal over time, eventually leading only some or even no long-term side effects. Causes of long-term accident injuries vary, but some are fairly common:

• Traumatic brain injuries (TBI) can drastically impact a person’s physical, cognitive, and emotional abilities. Even mild TBI can lead to post-concussion syndrome (PCS), which can alter a person’s memory, cognition, and personality.
• Back pain remains one of the leading accident injuries—and is the most prevalent long-term disability. During an accident, trauma to the back and neck often cause long-term injury such as bulging or ruptured spinal discs.
• Damage to internal organs may occur due to pressure from improperly worn seatbelts or contact with other parts of the car. Fractured ribs can also puncture lungs. The severity of internal organ damage varies, but some can cause serious health complications that last a lifetime.
• Injury to the joints in the legs may necessitate physical therapy, or, in some cases, joint surgery or replacement. These injuries happen when the knees or ankles are pressed into the dashboard or underneath the dashboard.

Legal Ramifications of Long-Term Injury

From a legal standpoint, it can be difficult to prove that an injury is long term, unless it demonstrably impacts the person’s life. Meanwhile, clients are eligible for different benefits based on the duration of their injury. In general, car accident injuries that last six months or less are handled through the claimant’s own auto insurance policy. That’s because Florida is a No-Fault state. Only when the injuries have caused greater expense than what the claimant’s auto insurance covers, will the case go to court.

In that case, the person responsible for the accident—or that person’s car insurance company—may be held liable for the medical bills and lost wages associated with a long-term injury. The best approach for getting compensation for long-term accident injuries is to enlist a qualified personal injury attorney who has extensive experience with auto injury cases. Claimants who use an attorney to file their claims—and go to court if necessary—consistently get more compensation for their injuries..

Car accidents are complicated enough on their own, and if the accident occurs on the job or in a company vehicle, that adds yet another piece to the puzzle. Meanwhile, most employees don’t think about what happens in an accident—until after it happens. Talking to your employer about the implications of an auto accident is an important step, especially if you frequently drive for work. Multiple factors come into play in a work-related car accident.

Vehicle Ownership

Most employers provide company vehicles for employees who must frequently drive as part of their regular job responsibilities. If so, then the employer is responsible for providing adequate insurance coverage on the vehicle. This is called “vicarious liability,” when a relationship between people are entities means that they can be held accountable for certain specific actions of the other party. In this case, employers are considered responsible for their employees’ safe operation of company vehicles.

Generally this coverage is used first; if certain expenses, such as medical bills or lost wages, exceed those of the employer’s policy, then the employee may also make a claim under his or her personal insurance. Note that some personal coverage cannot be applied if another policy exists, so talk to your insurance agent about whether your personal policy can be used for any shortfall in the company coverage. Meanwhile, if an employee is driving a private vehicle when the accident occurs, the only option is to make a claim under his or her personal insurance.

Company Business and Car Usage

An employer’s coverage only applies if the employee is using the vehicle for “company business.” That is, a delivery truck driver who gets into a fender bender using the truck for errands on the weekend, won’t be generally covered by the employer’s policy. The following activities qualify as company business:

• Deliveries or other driving listed in the employee’s job responsibilities
• Company-sanctioned travel, such as driving to a conference or a client meeting
• Work-related errands

Note that driving to and from work does not qualify as “company business.” In most cases, the employee must have reported to the work location before any actions will be regarded as company business. This means that accidents on the way to work, or home after, are the responsibility of the employee.

In addition to insurance coverage, employees may also be entitled to worker’s compensation. This is available if the employee is injured during an auto accident and was on company business at the time of the accident.

Hiring an Injury Attorney

Employers may attempt to hold the employee responsible for any deductibles. They may also resist paying worker’s compensation. That’s why it’s important to hire a skilled car accident attorney if you are in an accident. Having legal representation often makes the process go more smoothly, and protects the employee from unfair treatment or denial of benefits. Meanwhile, if the case does require litigation or settlement negotiation, a qualified personal injury attorney has the knowledge and experience to ensure that the employee’s rights are properly protected.

Suffering an auto accident can be more than inconvenient—it can also be expensive. You may find yourself in need of medical treatment or a new vehicle, or you may be out of work. Many people avoid hiring an attorney because they see it as yet another accident-related cost. However, hiring the right personal injury attorney can actually make all the difference in the outcome of your claim. Here’s why:

1. Personal injury attorneys have relevant experience. Not only have they worked with cases similar to yours, but they have also worked with insurance companies before. This experience often proves vital. A qualified accident attorney can evaluate your case, give you an estimate of what it may be worth, and walk you through each step of the claims process.
2. Accident attorneys can expedite the process. Insurance companies may draw out the claims process, making it unnecessarily long and complicated for claimants. This tactic eventually causes some people to simply drop their claims. But insurance companies often abandon this strategy with attorneys, who are extremely well versed in the process and can work to expedite the claim.
3. A legal team has more resources. While an individual might not have the ability to find the right expert witnesses or navigate the paperwork associated with a claim, personal injury lawyers have easy access to the right resources. They know qualified expert witnesses and have an entire team devoted to the satisfactory resolution of each case.
4. Auto injury attorneys can negotiate more fair settlements. Often the insurance company will offer an extremely low amount as a settlement. Auto accident lawyers advise against taking this first settlement, which usually doesn’t represent a fair amount. They can negotiate a settlement that actually covers the client’s expenses.
5. Attorneys have courtroom experience. In the event that your case does go to trial, legal representation will be indispensible. Although claimants are legally permitted to represent themselves, this usually isn’t a wise move. Failure to follow proper procedure could result in the case’s being delayed or even dismissed.
6. Representation usually means higher payment. Statistics consistently show that claimants who hire attorneys receive higher payments or settlements. That’s because attorneys have more negotiation experience, insurance companies are more likely to take their cases seriously, and claimants are less likely to make mistakes that impact the process.
7. Personal injury attorneys get payment only if you recover money. Hiring an auto accident attorney requires no financial investment. The attorney’s payment is contingent upon winning your case. Therefore enlisting a lawyer involves no real risk, but does confer multiple potential benefits.

Hiring an attorney is the first step in getting a favorable outcome for any auto injury or property damage claim. The right lawyer can significantly improve the outcome of your case, ensuring that you get the payment you’re entitled to.

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Suffering a car accident can be traumatic, especially if anyone suffers an injury. The good news is that most accidents involve only minor injuries that heal on their own, without medical intervention. However, some more serious injuries may not even have outward symptoms. It’s important for anyone who suffers an auto accident to seek medical attention to get any potential injuries diagnosed and treated as soon as possible.

Types of Injuries

Usually automobile accidents cause trauma to the skeletal system and the soft tissue around it. The more delicate the body part, the more prone to injury it is. That means that the neck, back, and brain are prime candidates for injury during an accident.

• Whiplash: The single most common accident injury, whiplash occurs when the soft tissue in the neck is damaged by abrupt movement. The muscles, tendons, ligaments, and nerves can become stiff or swollen, causing restrictions on movement and soreness. Usually these symptoms subside after a few days, but if they persist, it’s important to see a doctor.
• Back pain: Any time the spine and back muscles are moved abruptly or unnaturally, back pain can result. While whiplash tends to occur in rear-end collisions, back pain can arise after virtually any accident. Like whiplash, most minor back pain should go away in a few days. However, if you experience shooting pain, numbness, or pain that lasts more than a few days, go see a doctor.
• Joint damage: Many people bang their knees against the bottom of the dashboard during a collision. However, other joints may also be injured, particularly the hips, elbows, and ankles. Joint damage may include swelling, soreness, sprains, fractures, and dislocations. Any sort of joint injury requires medical attention.
• Concussion: A concussion occurs when the brain makes contact with the skull, usually due to a hard blow to the head. They range from mild to severe. Symptoms include dizziness, sleepiness, bruising around the eyes, memory loss, and disorientation. Anyone who suffers a blow to the head should go to the hospital to ensure that any damage is caught and treated.
• Traumatic Brain Injury (TBI): These are far more common in side impact collisions, where the head makes contact with the side window. Although less common, TBI are more serious than other kinds of auto accident injuries. Skull fractures, brain bruising (hematoma), and severe nerve damage all qualify as TBI and require immediate medical attention.

When to Get Help

For more serious injuries, call 9-1-1 and head to the emergency room. If you suspect that you’ve suffered an injury, go to a doctor whom you trust. Skip those “physician referral” services, and visit your general practitioner. Get a referral to a specialist for any more specific concerns.

You may face resistance from your insurance company when filing for coverage of medical expenses. Note that because Florida is a no-fault state, your insurance company is responsible for your medical expenses and lost wages, up to the limits of your policy. Meanwhile, if the other driver is faulted in the accident, his or her insurance should cover any costs that exceed those covered by your insurance policy. Most claimants find that hiring an auto accident attorney significantly reduces the time it takes for their claims. Furthermore, if a case must go to court, a personal injury attorney is a vital ally for the litigation process.

For the best outcome, get a full medical examination if you’re in an accident and suspect more than minor injuries. Keep careful records of all treatments and expenditures. Finally, choose a reputable attorney who has extensive experience with auto accidents and personal injury litigation.

Although most auto insurance claims are for minor items like fender benders or cracked windshields, it’s sometimes necessary to file more complicated claims that involve not only property damage, but also medical expenses or lost wages. Working with the insurance company takes patience and persistence. Following these seven steps can streamline the process—and ensure that you get the compensation you’re entitled to.

1. Contact the insurance company as soon as possible. The claims department may operate 24 hours a day, so you may be able to call from the scene of the accident. Before calling, collect all the information you can from the other drivers, including name, contact information, insurance policy number, and contact information for the insurance company. The claims department will probably need these details before they can begin processing any claims.
2. Complete any necessary paperwork. It’s incredibly important to fill out paperwork correctly. Insurance companies are notorious for denying claims based on technicalities. It may be advisable to ask a personal injury attorney to review your paperwork before submission.
3. Give statements as needed. Usually a statement will be required by every insurance company involved. These will be recorded, so do not say anything that could indicate liability for the accident. Simply give a clear, honest account of what happened and answer any questions the adjuster asks.
4. Keep meticulous records. Create a file that contains all accident-related documentation. Start with the accident report and the other party’s contact information. Include receipts for any accident-related expenses, such as medical bills. Also get copies of any documents you must file with your employer, such as requests for time off or filing for disability.
5. Prepare for a long process. Especially if there’s doubt about who was at fault in the accident, the claims process can drag on. If you’re concerned about the insurance company’s failure to process your claim within a reasonable time period, it may be a good idea to contact an auto accident attorney. Insurance companies tend to expedite claims when the claimant has legal representation.
6. Ask plenty of questions. Be sure that you understand your policy and the protection it gives you. If something is unclear, or you feel uncomfortable with any part of the process, ask your adjustor for clarification. If the answer is unsatisfactory, or seems to violate your rights, seek legal help.
7. Don’t be afraid to seek legal action. If the auto insurance company offers an unacceptable settlement, going to court is always an option. Choose an auto accident attorney carefully. The right legal aid can make a huge difference in the settlement you receive.

In their continued effort to overcompensate for their years of fraudulent lending practices, mortgage lenders have begun taking closer looks at lending money to new or expectant parents. In the current lending market, banks and lenders are only considering guaranteed income on loan applications. Thus, expectant mothers get are penalized based the high potential for maternity leave. Even if you are only planning on taking a shortened leave (just a couple of weeks), the banks won’t deal with you.

Banks and lenders are blaming the new restrictive guidelines on new loan quality control measures implemented by Fannie Mae and Freddie Mac (blaming Fannie and Freddie is just too easy, isn’t it?). But, Fannie and Freddie have responded by stating that under their new quality control measures expectant mothers should not be penalized if they plan on returning to work at the same income level. Fannie/Freddie blame the banks and lenders for taking the new policies and stretching them to the most extreme limits.

The result: expectant mothers are poor credit risks even if they have great jobs. How about a common sense solution? Banks should think about instituting programs similar to student loan companies. Give 3 month deferments for maternity leave. Yeah, I know…I know. Why should we ever expect a bank or money lender to work with the consumer?

Since 1972, Florida has been a “No Fault” state. That means Florida drivers are required to carry Personal Injury Protection (PIP) insurance to cover them in case of an accident. This coverage provides money for medical bills, lost wages, and burial or funeral expenses that are incurred as the result of an auto accident. If you are injured in an accident, your PIP insurance will cover the bills, even if the other driver is faulted for the accident; hence the nickname “no-fault insurance.”

What Does PIP Insurance Cover?

Every Florida driver is required to carry at least $10,000 in PIP coverage. Regardless of who is faulted in the accident, your PIP insurance pays for any of your medical care, lost pay, and even funeral expenses if needed. However, coverage is not limited only to the person who purchases the policy: PIP also covers any children or other family members, and most car passengers, especially if the passenger does not have PIP insurance:

• Children riding the school bus are protected by their parents’ PIP insurance.
• Pedestrians who are injured or involved in an auto accident may make claims for injuries on their PIP policies.
• Passengers in other people’s vehicles may be eligible for payments under their own policies, or those of the car driver. Generally one insurance company agrees to be the primary insurance, while the other pays any excess cost not covered by the primary policy.

What’s the Benefit of No-Fault Insurance?

Although people have argued that PIP insurance unnecessarily drives up the cost of auto insurance, the practice has multiple individual and legal benefits. The primary goal of requiring PIP insurance is to reduce the number of personal injury cases, thereby relieving some stress on local legal systems.

Meanwhile, car accident victims no longer have to wait for insurance companies to make decisions about which costs they will cover. Since the financial responsibility clearly falls on one insurance company, there is less delay for payment. Policy holders often can avoid litigation altogether, reducing their out-of-pocket expenses.

What if My Costs Exceed My Coverage?

It’s important to note that if the other driver is faulted for the accident, the driver’s insurance company is responsible for any medical costs or lost wages that exceed the limits of your PIP coverage. While the insurance company may be willing to pay, it may be necessary to follow a lengthy process.

If the insurance company resists payment, the next step is usually litigation. It’s critical to choose an attorney with extensive experience in personal injury and auto insurance cases. The right auto accident attorney can expedite the trial process and get the best payment for you.

Florida’s PIP insurance requirement protects you and your family from unexpected costs associated with car accidents. The additional cost for a more comprehensive policy is worth knowing that you’ll have the financial safety net you need after an auto accident.

Suffering an auto accident can be a stressful experience: injuries, missed work, and property damage certainly make life more complicated. Often an attorney can help ease the stress and ensure that you get sufficient compensation from the insurance company. Many personal injury attorneys specialize in auto accident cases, so it’s important to choose an auto accident attorney carefully.

Why Hire an Attorney

Ultimately, choosing the right attorney means a faster resolution and a higher payment. Studies show that people who enlist attorneys for their auto accident personal injury cases obtain payments about 3.5 times higher than those who represent themselves.

Because personal injury attorneys have extensive experience in navigating the insurance claims process, they are well versed in proper procedures and processes. Meanwhile, insurance companies tend to take claimants more seriously when they have legal representation, expediting their cases and refraining from offering inadequate settlements.

Finding a Reputable Attorney

Note that every attorney has a different specialty, so it’s best to choose an attorney who has extensive experience with personal injury and auto accident cases. If you have an attorney for other affairs, he or she may be able to recommend a personal injury attorney. Otherwise, contact the local Bar association for referrals.

Once you have a list of prospective matches, contact each office and ask about scheduling a consultation. The consultation should be free. Avoid lawyers who want to charge for the consultation, before they have even accepted your case.

The Initial Consultation

During this first meeting, the attorney should be attentive to the details of your case. He or she should also take time to explain the process, including what steps you’ll need to take next, how long the entire claim should take, and what you can expect in terms of payment from the insurance company. It’s important to address the following issues during the consultation:

• How is the attorney compensated? Most personal injury attorneys take a percentage of any claim payment, rather than charging hourly or flat rates. That arrangement means that your attorney is highly motivated to get you maximum payment from the insurance company. Stay away from personal injury lawyers that charge up-front fees.
• What is the case worth? An honest attorney will offer a realistic assessment of how much a case might be worth. Ask the lawyer to explain the rationale behind the figure he or she offers. If the number seems inflated, seek a second opinion.
• Who will actually handle my case? At many firms, you may meet with one attorney, while another actually handles your case. Ask how this works, how accessible your attorney will be, and who will actually represent you if the case goes to court.
• What expenses is the insurance company responsible for? Every accident is different. In some cases, the insurer will be responsible for lost wages, property damage, and medical expenses. The lawyer will need to review the details of the case before making this determination.

In the end it’s important to select a personal injury attorney who makes you feel comfortable with the process and remains clearly focused on your best interested.