Car accidents can be minor, or they can result in severe injury. Regardless of how serious your car accident is, you will need a car accident lawyer from gravesthomas.com to help you navigate the legal process if you want to file a personal injury lawsuit. Here are a few questions you may want to ask your lawyer.
Ask a Car Accident Lawyer: Five Common Questions
1. Is There a Statute of Limitations?
One of the first questions you will need to ask a car accident lawyer in Wyoming is about the statute of limitations related to your case. In Wyoming, the current law states that a driver who is injured in a vehicle accident will have four years to file a lawsuit to compensate for damages and injuries.
If you miss the statute of limitations, then you will not be able to make any compensation claims. Additionally, any evidence you have to support your claim should be dated back to the day of the accident. This is particularly important if you are claiming personal injury in Hammond compensation. Ideally, your medical records should show you sought treatment on the day of the accident.
2. How Does the Settlement Process Work?
If you have been in an accident in Wyoming, then the first thing you will need to do is notify your insurance company and the other driver’s insurance company. This is the first step of your settlement process. After the insurance company has been notified, a claims adjuster will be assigned to your claim to assess the damages to your vehicle and calculate your claim.
At this point, the insurance company may make you a settlement offer. Sometimes, this offer will only cover the cost of your vehicle damage, which is why you may want to speak with a lawyer to discuss ways to negotiate for a better settlement. Your lawyer may write a demand letter or make a counteroffer that will start the negotiation process so you can claim a fair settlement.
3. What Does the 51% Bar Rule Mean?
In Wyoming, the law states that someone must be held responsible for a car accident. Most car accident cases in Wyoming follow a comparative negligence doctrine, which means that you can recover damages for an accident if you are less than 51% responsible for the accident.
If the court determines, based on evidence, that you are more than 51% responsible for causing the accident, then you will need to pay the other driver compensation for damages and you will not be able to claim any compensation yourself. Either you or the other driver can trigger a modified comparative negligence case.
4. What Should You Do Immediately After an Accident?
The first thing you should do after an accident is get the insurance details of the other driver and call the police to create a crash report of the accident. If you can, you should move the vehicles out of the road but not too far from the scene of the accident; this may not be possible for serious accidents. It’s very important to stay with your vehicle at the scene of the accident until the police arrive to make a report.
Get Medical Attention
After you have given the police the details of your accident, you should then seek medical attention. It’s imperative to have medical records on the day of your accident since this is the best evidence to prove that you were injured in the accident. Refusing medical attention and then trying to file a personal injury claim is a major red flag to insurance companies.
You should go to the ER even if you only have minor injuries. Minor injuries must be documented and must have evidence of treatment if you plan to file a lawsuit for personal injuries related to the accident. In addition to these initial medical records, you also need to have medical billing information and medical records for any ongoing treatment you may need throughout your recovery.
5. What Type of Damages Can You Claim?
In general, the most common type of damages that are claimed during a car accident lawsuit is compensation for economic factors. Economic damages can include the cost of vehicle replacement repairs, medical bills, the cost of the rental car, the loss of earning potential, and more. These economic costs are generally the biggest chunk of any compensation you will be able to claim.
You may also be able to claim non-economic damages, including pain and suffering, emotional distress, and disability if your injuries prevent you from working temporarily or permanently.
If you have been in a car accident, then you may need to ask your car accident lawyer in Wyoming several questions. For example, you may want to ask about the settlement process or the specific legal doctrines that can be applied to your case, such as the 51% Bar Rule. You may also ask a lawyer about what you should do after an accident and the type of damages you can claim.