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Injury Victims


How to Dispute Liability After Being in a Car Accident

Published on Mar 20, 2019 at 10:22 am in Car Accidents.

A car accident is a terrible experience to go through. After the shock of the accident is over, you may find that you’ve sustained injuries or your car has significant damages. You may not know what to do next or how your future will look after the crash. One of the best things you can do is protect your rights with the help of a personal injury lawyer.

DiPiero Simmons McGinley & Bastress, PLLC understands how difficult this time can be and can help you get the justice you deserve. Injuries from a car accident can possibly need hospital care or home care, and could have a long recovery time. If this prevents you from working, then this situation can be the source of a lot of stress. Our Charleston lawyers are well versed in car accident law and we know how to show that you weren’t at fault for the accident and that your injuries were the result of a negligent individual.

Liability and Fault in a Car Wreck

If you are able to, you should exchange information with the other people involved in the car accident. This is how you can inform your insurance companies about what happened and so you can move forward in the claim process. When exchanging names, numbers, vehicle identification numbers, and policy numbers, the other person may seem cooperative. You may think that they realize that they were at fault for the accident and are doing what they can to make the situation right again. However, this isn’t a guarantee they’ll stick with this story.

You may find later that the other party has changed their story and the insurance company is assigning some of the fault to you. This can drastically affect your compensation. If the other party is found to be 100 percent at fault, then they owe you 100 percent of the damages. But, if they’re claiming that you were partially at fault, then you get a percentage of liability assigned to you as well. If the driver that hit you was distracted, but you were speeding, then it could be argued that your injuries wouldn’t have been as severe if you had been driving the speed limit. You could be assigned 30 percent of the fault while the other person is 70 percent at fault. This means you’ll only be able to recover 70 percent of the damages.

This can be frustrating if you’re certain you weren’t at fault at all. If you were wrongfully injured, you deserve to get the full compensation you’re rightfully owed. Part of you may feel like just agreeing so you can say the matter is done and you can put it behind you. But it’s important to know that the insurance company offering you this settlement isn’t looking out for your best interests. The less they pay you, the more money they keep. This option won’t give you the settlement that you should be owed.

It also isn’t fair because you shouldn’t have to settle when you did nothing wrong. You’ll also want to consider that you may need that full compensation to cover your medical bills, lost wages, damages, and other expenses that the accident has cost you. While it may take more time if you stand up for yourself, the result will be that you could get the settlement that you deserve and won’t be the scapegoat for your injuries.

Your personal injury attorney will be able to help you. We’ll investigate your case and look for evidence of how the accident happened. We may find video of the crash or speak to eyewitnesses who can attest that you didn’t do anything wrong. Then, we’ll look at the extent of your injuries and calculate what the accident has cost you.

Get Help from DiPiero Simmons McGinley & Bastress, PLLC

When people have been injured in car crashes that happened because of someone else, they need to know that they can count on us. DiPiero Simmons McGinley & Bastress, PLLC is proudly based in Charleston, West Virginia, but we will extend our legal services to those in the state who need our help.

It’s in your best interests to act quickly. There could still be physical evidence at the scene of the accident that could be used to support your case. Also, the sooner you start this process, the sooner the matter will be settled and you can focus on your recovery. Contact us today so we can discuss your legal options.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice. Viewing does not constitute an attorney-client relationship. Prior case results do not guarantee a similar outcome.
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