Navigating the Legal Needs Following a Car Accident | Morris James LLP



Unfortunately, a number of car accidents happen every day across the country. Whether it’s a crash on the freeway caused by someone texting their phone, or a collision resulting from speeding at a red light at a busy intersection, car crashes are too frequent.

According to the Association for Safe International Road Travel (ASIRT), a non-profit organization dedicated to improving road safety:

  • 4.4 million people are injured and need medical attention each year in the United States;
  • more than 38,000 people die on American roads each year; and
  • traffic accidents are the leading cause of death among people aged 1 to 54.

A car accident can disrupt a person’s life in several ways. They may need to see a doctor and have weeks of treatment. They may have to figure out what to do about their job if they are unable to work. On top of that, they’ll need to take care of their vehicle, whether that’s taking it to the store for repair or buying a new car. There is all the work involved in dealing with insurance companies and putting together the necessary documents. And then there are individuals who may want to file a complaint.

For those involved in a car accident, there are many steps that need to be taken, especially if they are dealing with another party that was uninsured at the time of the collision. In the aftermath of a car accident, it can be very helpful for an injured party to work with a Delaware auto accident lawyer who can help them navigate every step of their case so that they can fully understand what it needs to do and what it can be. able to recover.

What to do when you are in a car accident?

When a person is involved in a car accident, they should contact the authorities and immediately seek medical attention for their injuries.

  • See a doctor: By visiting a doctor’s office or hospital soon after the accident, the injured party creates crucial documentation of their injuries that can be used later in a settlement with the offending party’s insurance company or in a lawsuit .
  • Document: After the accident, the injured party must document and save everything they can in connection with the accident. This means saving all medical bills, correspondence, taking photos of their injuries, taking videos, anything that can potentially help with their case down the road.
  • Contact local authorities: It is important to contact local authorities as an accident report can play a key role in settling a loss with an insurance company or during legal proceedings. This report provides a crucial record of all the necessary details regarding a motor vehicle accident, listing everything from the time and day of the accident to who was involved to where it happened. .
  • Collect eyewitness information: Another step that an injured party could take is to collect contact information from eyewitnesses who could provide key testimony that strengthens their case. Maybe a pedestrian could attest that the other party crossed a red light, or maybe someone walking their dog saw the other car speeding down the road. Either way, eyewitness testimony can add an extra layer to a case and add significant value.
  • Return to the scene to document: If a person is unable to do so at the time of the accident, they may want to return to the scene later to take photos and videos of the area, which they document tire tracks on the road. that may indicate that the other party was accelerating to a broken telephone pole that could show the angle where their vehicle was struck.
  • Contact their insurance company: Finally, the injured person must contact their insurance company as soon as possible in order to report the incident. When contacting their insurer, they should learn as much as possible about their own insurance policy. It is important to note that in Delaware, individuals are required to carry their own personal injury protection insurance to cover expenses related to injuries that may occur as a result of an accident.

What can I get back after a car accident?

Following a motor vehicle accident, a party may be able to recover from their losses and injuries in several ways. When someone is involved in a car accident, seeking the advice of an auto accident attorney can go a long way in securing as much value as possible.

After an accident, a party may seek recovery from their own insurance company and the insurance company of the driver (s) at fault. The party will have to initiate the claims process through their own carrier, which involves submitting all necessary information and documents regarding the accident, from invoices to the accident report. As previously stated, having additional documentation such as photos of the crash site can have a huge impact when it comes to building the strength of a claim and showing fault.

A party may also seek recovery through the opposing driver’s insurance company. Again, documentation, whether it’s photos of injuries from the crash or medical records, or video footage showing a car at a red light, can have a significant impact. When working with the other party’s insurance company, a person or their lawyer will provide all the requested documents and ultimately draft a formal notice requesting an amount that takes into consideration a number of factors, such as loss. salary, loss of enjoyment of life, and any other injury. It is almost always a good idea to not take the first offer presented by an insurance company. A counter offer must be made so that an injured person can potentially get the highest possible value for their claims.

In addition to negotiating with insurance companies, a party may also seek legal action. Working with a Delaware accident lawyer can be especially helpful if someone chooses to go this route, as they can provide personalized advice to help navigate every step of the legal process.

When pursuing legal action, a person may recover many aspects related to their accident, including:

  • medical bills resulting from the accident, including physical therapy, prescriptions and surgeries;
  • future medical expenses they may have to incur as a result of the accident;
  • loss of wages if they were absent from work as a result of the accident;
  • loss of future income if their injury prevents them from working in the future;
  • compensation for pain and suffering; and
  • also compensation for the loss of enjoyment of their life.

What if the other party is not insured?

Too often, the driver who caused the accident does not have auto insurance. So what happens in this unfortunate scenario? In addition to all the steps listed above (seeking medical attention, document, contacting local authorities, etc.), the injured party should contact their own insurance company to find out if their policy covers uninsured motorists.

For uninsured motorist coverage in Delaware, the minimum amount offered is $ 25,000 per person and $ 50,000 for the accident. Overall, although it is not mandatory, it is still a good idea to obtain uninsured motorist coverage in case this scenario arises. This type of coverage not only includes damage to the vehicle but also coverage for injuries.

Ultimately, when someone is involved in a car accident, contacting a lawyer who can understand the ins and outs of the case and draw on their professional experience can make a huge difference when it comes to car accidents. ” get the compensation for her injuries she deserves.


Previous Toyota Offers Auto Insurance With Farmers' Toggle In 5 States With More To Come
Next Some good ecological gifts for car enthusiasts