Making a Personal Injury Claim When You Are at Fault
If you have been involved in an accident of any kind, you are likely trying to figure out what action to take. Unfortunately, there are usually countless fees and charges as a result of the incident. This is true whether you are at fault for an accident or just the victim.
Many individuals believe that if they are at fault for the accident that they have no grounds for making a personal injury claim. However, this may not be completely accurate.
Can I make a personal injury claim if I was at fault? In the majority of personal injury cases, the individual at fault is not able to make a personal injury claim. There are, however, a few exceptions to this rule. Additionally, a personal injury lawyer in Huntsville may be able to assist you in finding a way to make a claim for financial compensation even if you are at fault for causing the accident.
No matter your situation, it is always a good idea to consult with a personal injury lawyer if you are debating whether or not to make a personal injury claim. This is especially important if you are at fault for the accident in question.
Working with an experienced personal injury lawyer is the best way to understand the situation in its entirety. With their expertise, you will be able to maximize the potential for financial compensation.
What is a Personal Injury Claim?
A personal injury claim is made when an individual is injured due to the negligence or carelessness of another individual or company. Although a personal injury claim will not erase the unfortunate incident, it can be a great way to gain financial compensation for injuries, medical bills, pain and suffering, lost income, and other fees due to an accident.
Personal injury claims are filed with the appropriate insurance company. The insurance company will then work to settle the claim with the parties involved. This is different from a lawsuit.
A personal injury lawsuit occurs when negotiations for a personal injury claim are not effective. If you make an agreement through a personal injury claim, you will not be able to file a lawsuit against the same party.
In all personal injury cases, the goal is to determine who is at fault for the accident. After this has occurred, the victim will be able to receive financial compensation from the insurance company of the individual at fault. This is the case for all types of personal injury cases. However, there are a few exceptions to this rule.
Situations That May Require a Personal Injury Claim
There are several situations that fall under the category of personal injury law. The most common reason for a personal injury claim is an injury caused by a car accident. In addition to car accidents, personal injury claims can cover the following incidents:
- Slip and fall accidents
- Automobile accidents
- Injury or illness from a defective medication
- Injury caused by a defective product
- Some forms of medical malpractice
- Other types of injuries
There are many types of injuries that may require a personal injury claim. Because of this, it is best to consult with a personal injury lawyer in Huntsville. An experienced professional will be able to look at the details surrounding your accident and determine if filing a personal injury claim is worth the time and effort.
In many cases, a personal injury claim will allow the victim of an accident to make a full recovery while not worrying about medical bills or lost income. This can be invaluable, especially after a traumatic incident.
At-Fault States vs. No-Fault States
When looking into a personal injury claim, you must first research if you reside in an “at-fault” state or a “no-fault” state. This is especially important in regards to car accidents, the most common type of personal injury case.
The majority of states operate under an “at-fault” policy. With this type of approach, the individual who causes the car accident is responsible for paying for the other driver’s injuries and damages. If your state uses an “at-fault” approach, and it is determined that you were at fault for the accident, you will not benefit from filing a personal injury claim.
Some insurance companies offer a type of coverage called personal injury protection. If you have this type of coverage on your insurance policy, you should file a personal injury claim with your insurance company even if you are at fault for the accident.
Personal injury protection most often will only cover medical bills and physical injuries. However, it will not cover damage to your personal property or compensation for pain and suffering.
In “no-fault” states, each person’s insurance covers their own losses. If you reside in these states, you are required to have personal injury protection through your insurance company for this very reason. Personal injury protection coverage is commonly known as PIP.
If you reside in a “no-fault” state and are involved in a car accident, you would file a personal injury claim with your own insurance company. This is the case regardless if you were at fault for the accident or not.
At the time of this article, “no-fault” states include the following:
- New Jersey
- New York
- North Dakota
Your personal injury lawyer will be able to provide you more information on the specifics of the state in which you reside. However, with a quick look at your required insurance protection, you should be able to determine if you have PIP or not. This is a good indication of the personal injury approach under which your state operates.
Personal Injury Claim for Car Accidents
There are a few unique situations when it comes to filing a personal injury claim for a car accident. These areas often allow individuals who are at fault to file a personal injury claim. The following are just two areas that are often overlooked during the process.
Partial Liability Car Accident
It is usually relatively simple to establish who is at fault in a car accident. However, in some cases, the fault may be split between two or more individuals. This is often the case when there are more than three cars involved in the accident.
In partial liability car accidents, the fault may be split between two or more individuals. It is often a 50/50 split. However, when more individuals are involved, you may be at fault for a lesser portion of the incident.
In a partial liability car accident, there are two or more individuals at fault for the wreck. When this is the case, you may be able to receive financial compensation for a portion of your injuries, even if you are partially at fault.
It is always best to contact a personal injury lawyer in Huntsville when dealing with a partial liability car accident. This type of personal injury claim is often more complex than others may be.
Personal Injury Claim for Passengers
The driver of the vehicle may not benefit from filing a personal injury claim. Especially if they are at fault in causing the accident. However, passengers in their vehicle may be able to do so!
Individuals who were riding in the vehicle during the time of the accident may be able to file a personal injury claim. In doing so, they can receive financial compensation for their medical bills, physical damages, and other costs caused by the wreck.
Personal Injury Lawyer in Huntsville
Whether you were involved in a complicated car accident or just a simple slip and fall incident, a personal injury lawyer in Huntsville can help. A personal injury lawyer will first determine the details surrounding the accident. After doing so, they will be able to advise you as to whether a personal injury claim will be beneficial for you.
The Lackey Law Firm has been providing residents of Huntsville, Alabama and the surrounding areas with high-quality personal injury law services for almost forty years. The team has vast amounts of experience in this area. Because of this, they are able to easily assess your situation and provide you with insight into how to proceed.
As personal injury lawyers, The Lackey Law Firm team understands how important it is to act quickly following an accident. Because of this, they offer complimentary personal injury claim consultations. If the injuries caused by your accident prevent you from traveling to their office, the team will come to you. Through this service, they ensure that exceptional legal advice is accessible to anyone.
Additionally, during any type of personal injury case, there will be upfront expenses as you work towards recovery. When working with The Lackey Law Firm, you will not be charged attorney’s fees until they are able to get financial compensation to you. This provides you with peace of mind that they will only accept your personal injury case if they believe you are entitled to compensation of some sort.
Even if you are at fault for an accident, you may be able to receive financial compensation for your injuries. Contact The Lackey Law Firm today to discuss whether a personal injury claim would benefit you.