A head on car accident can instantly transform a routine day and have life-long implications. Victims of head-on accidents often face devastating injuries, emotional trauma, and burdensome financial strains as they navigate their post-accident journey.
If you or someone you cherish was in a head on car accident resulting from another driver’s carelessness, you may recover compensatory damages from the at-fault party.
Such an accident can open up a world fraught with medical uncertainties and financial instability, but with a basic understanding of your rights and a highly experienced car accident lawyer, you can receive the maximum compensation for your injuries.
Common Injuries Sustained in Head-On Car Accidents
Injuries from head-on car accidents are typically severe due to the forceful impact.
Victims may suffer from:
- Whiplash: The impact can jerk the head and neck violently, causing painful injuries to the neck and spine.
- Traumatic brain injuries (TBI): These are one of the most serious consequences of a head-on car accident and can result in permanent disability or even death.
- Broken bones: The powerful collision can lead to fractured ribs, broken legs, arms, or wrists.
- Spinal cord injuries: The severe impact can damage the spinal cord, leading to paralysis.
- Internal injuries: Sometimes, the impact can harm internal organs, potentially leading to internal bleeding or organ failure.
Establishing Fault in a Head-On Accident
Determining fault in a head-on collision requires a comprehensive understanding of traffic laws, accident reconstruction, and the ability to deal with various entities like insurance adjusters, who often complicate matters.
Sometimes, the physical evidence at the accident scene may seem to point in one direction, but witness statements and other evidence suggest a different story.
Even if you believe the other party clearly caused the head-on accident, their insurance company may dispute these claims to limit their financial responsibility.
These challenges underscore the importance of having skilled legal representation to adequately protect your rights and interests.
Investigating the Accident to Determine Fault
An experienced head on car accident lawyer can navigate the challenges of determining fault on your behalf.
Law firms have the resources and experience to conduct a thorough investigation, including:
- Collecting and analyzing evidence from the accident scene, such as tire marks, vehicle damage, roadside debris, and photographic or video footage of the accident scene.
- Interviewing witnesses and obtaining their statements about what happened.
- Consulting with accident reconstruction experts to recreate how the accident occurred.
- Reviewing police reports and medical records to establish the nature and extent of your injuries.
- Handling negotiations with insurance adjusters and other parties involved in the accident.
By doing this, a lawyer can build a solid case for you and establish the fault of the other party, thereby maximizing your compensation.
Compensation for Head-On Car Accidents
Compensation following a head-on car accident eases the financial burden of medical bills, loss of income, and other expenses that can arise after such an accident. A lawyer ensures you receive the compensation you deserve.
Understanding Victims’ Rights to Compensation
As a victim of a head-on car accident, you may deserve compensation for the damages you suffered due to the negligence of another party.
Your compensation can cover a wide range of costs and damages which might include:
- Medical expenses: This covers the cost of hospital visits, surgeries, medication, rehabilitation, and any future medical care you may need as a result of your injuries.
- Lost earnings: After a serious accident, you may need time off work to recover. You deserve to be compensated for this loss of income.
- Property damage: This involves repairing or replacing your vehicle or any other damaged property.
- Pain and suffering: This aspect of compensation may be harder to quantify but covers the emotional and psychological trauma experienced from your accident.
- Loss of quality of life: If your injuries are so severe that they affect your ability to enjoy life as you did before the accident, you may also seek compensation for this.
An experienced head on car accident lawyer can evaluate your case and calculate a fair compensation amount based on your situation. They can thoroughly investigate your accident to accurately estimate all the associated costs, both now and in the future.
How a Lawyer Determines Potential Compensation
A skilled lawyer can assist in determining the potential compensation an individual might receive by:
- Conducting a detailed review of medical records, bills, and projected future costs linked to the accident.
- Analyzing lost income due to the accident — this includes income lost during recovery and potential lost earning capacity if you’re unable to return to your previous job.
- Determining the cost of repairing or replacing damaged property.
- Evaluating the emotional distress and pain suffered due to the accident.
- Estimating the cost related to the loss of enjoyment of life — this includes your inability to participate in activities you once enjoyed before the accident.
All these factors contribute to a detailed and comprehensive look at the damages suffered due to a head-on collision, allowing your lawyer to advocate for a fair and reasonable compensation amount.
Fighting the Insurance Company
After a head-on car accident, dealing with insurance companies can be another uphill battle. These companies often aim to minimize their payout, disputing claims or undervaluing the damages sustained in the accident.
Insurance adjusters are experts at what they do. They might deny your claim or offer a compensation amount that doesn’t fully cover your damages.
You might face:
- Denied claims: The insurance company might outright deny your claim, alleging that their client was not at fault.
- Delay tactics: Insurance companies may delay evaluating or processing your claim, causing frustrating hold-ups in your compensation.
- Lowball offers: Insurance companies often start by offering a low settlement amount, hoping that you might accept it quickly.
An experienced lawyer is the key to overcoming these scenarios and walking away with fair compensation that addresses the trauma you’ve experienced.
Let Your Lawyer Navigate Insurance Company Challenges
The first step in fighting the insurance company is to hire an experienced car accident lawyer to handle your claim.
Contrary to popular belief, hiring a lawyer for a personal injury claim does not require an upfront retainer, and they won’t bill you by the hour when they work on your case. Many attorneys work on a contingent fee basis, meaning their fees are contingent on a successful outcome. You don’t pay them if you don’t receive compensation. If your claim succeeds, the legal team will get a percentage of the award.
Your attorney will investigate your case to determine all sources of liability, insurance resources, and evidence that establishes a connection between the at-fault party’s careless actions and your injury. Once your condition stabilizes and your doctor believes you have made meaningful progress in your physical recovery, they will establish a claim value.
The attorney will file a claim against the at-fault party’s liability insurance provider. When the insurance company receives the claim, they will assign it to a claims adjuster.
As the U.S. Bureau of Labor Statistics explains, a claims adjuster investigates the claim to determine:
- Whether the relevant policy provides coverage for such incidents.
- Whether the insured policyholder is liable for the claimant’s injuries and losses.
- How much compensation the claimant deserves due to the insured party’s liability.
When the adjuster has completed their evaluation of the claim, they can either accept the demand and pay the claim, deny the claim, or notify the claimant and their attorney in writing of the reason for the denial, or offer to settle the claim for less than its established value.
Claims adjusters work for the insurance company and view the claim through the lens of saving money for their employer by keeping payouts on claims as low as possible. Because of this goal, they often use tactics to reduce or deny the claim. An experienced car accident lawyer can counter these tactics and protect the value of your claim by negotiating with the claims adjuster.
According to Black’s Law Dictionary, 95 percent of all personal injury claims resolve through pre-trial settlements, due to the expenses and time that litigation involves, the loss of control over the case’s resolution, and the need to limit publicity about the case. The initial settlement offer from the claims adjuster generally will not pay the claim’s value. Your attorney can negotiate with the adjuster to negotiate a higher offer.
If the adjuster fails to compensate the claim fairly, you can file a personal injury lawsuit within your state’s statute of limitations. A settlement offer may still come after you file a lawsuit, even as your attorney prepares your case for trial.
What to Do After a Head-On Car Accident
After an accident where you suffered injuries due to another driver’s negligence, seek prompt medical treatment and talk with a lawyer. Comply with your doctor’s treatment plan for the best chance at physical recovery and to create the necessary documentation to prove your claim. You can speak with a car accident lawyer about your case and obtain answers to the questions you have about your legal options through a free case evaluation.
If you have relevant documents about your accident or injury, share them with your lawyer. However, if you cannot gather information at the scene, your legal team will obtain the evidence and documentation needed for your claim.
Each step can involve delays, so exercise patience. Some claimants take many months or more to reach maximum medical improvement. Settlement negotiations can take time, particularly if the adjuster disputes liability. If you file a lawsuit, the case’s timeline is at the mercy of the court’s schedule.
Having an experienced August car accident lawyer handle the difficult and time-consuming legal process provides you the time and energy to focus on your physical recovery.
Contact A Lawyer and Protect Your Rights
The trauma of a head on car accident can make the path to recovering compensation daunting. However, a skilled lawyer can ease this process, guiding you at every step and ensuring you receive the maximum compensation you deserve.
Remember, personal injury lawyers often work on a contingency fee basis, so you don’t pay any attorney fees unless you win your case. Do not let the fear of expensive legal fees keep you from pursuing the justice you deserve. Reach out to an experienced personal injury attorney as soon as possible to discuss your claim and get on track for a resolution that puts you first.