Perhaps the most common type of personal injury case I see arises from a car crash. With many interstates and tractor-trailer traffic, as well as busy roads under construction in the Hazleton area, we see many vehicle crashes. No two cases are exactly alike, and I give each and every case the attention that it deserves. Once we have agreed to represent an injured party, our office is the first line of contact with insurance companies, adjusters, investigators, and others, who must go through our office before having contact with our client.
Legally, someone has a “case” if their injury was caused by another driver’s fault. In an auto case, someone has a much stronger case if he or she has elected Full Tort on their car insurance. For those folks bound by Limited Tort, they may not sue for pain and suffering and other non-economic damages, unless the injury results in death, serious impairment of body function, or permanent serious disfigurement.
Practically, important questions are: does the other person have insurance, and if that person has no (or insufficient) insurance, does the injured party carry uninsured (and underinsured) motorist coverage. In other words, is there a financially responsible party from which to recover.
Factually, we generally investigate the happening of the crash and collect all information relevant to the crash. If necessary, we interview witnesses. In some instances, it is necessary to hire an accident reconstruction expert to help determine what happened.
We gather all relevant medical records and other documents and information which help us determine the nature and extent of the harm caused by the negligent party.
After understanding the facts surrounding the happening of the collision and the nature and extent of harm, we generally present a settlement demand package to the opposing party’s insurance adjuster. If the case cannot be settled, the next step is generally to proceed forward with a Civil Complaint and to prepare for trial. We handle all of this and lead our clients through this process.
Some things to remember after you or someone has been injured in a car accident:
- Call The Seach Law Offices at (570)359-3283
- Seek medical attention if you are hurt
- Be truthful with the police
- Cooperate with your insurance company (they are the first source for payment of medical bills and may also provide property damage coverage, if purchased)
- Don’t talk to the insurance company for the other driver until you have spoken to an attorney.