A car accident is one of the most terrifying situations to go through, and unfortunately, the difficulties do not soon end. Victims must deal with ongoing medical needs, insurance obstacles, financial issues, and in some cases, much more. In many states, limits on the amount of money that can be recovered provide distinct obstacles that only an experienced personal injury attorney can hurdle.
Most people think any attorney can satisfactorily handle their auto accident claim. While many “soft tissue” claims, with clear facts, do not require specialization, in reality, automobile accident cases often involve something less than clear-cut facts. Were there impartial eyewitnesses? Is there physical evidence that can only be evaluated by expert accident reconstruction? Were the injuries complex and significant, requiring retention of experts to analyze future disability and lost income? Were there special vehicles involved which would require an analysis of trucking regulations or regulations that pertain to buses or “common carriers”? Was there a death? If so, other special experts and laws may apply.
In short, there is no such thing as a simple auto accident case. You deserve someone with the training and experience to maximize your financial recovery, no matter the facts and circumstances.
There are two prongs to an auto accident claim – liability (responsibility for the accident) and damages (compensation for injuries and related losses). In almost all cases, damages are paid by insurance. This may be a combination of:
- The other driver’s liability policy if he or she was at fault
- Your own auto policy if the other drive is “uninsured” or “underinsured”; and/or
- Coverage of third parties (trucking company, construction contractor, and automobile manufacturer) that caused or contributed to the crash or its consequences.
Damages are based on the economic impact and the personal aftermath. This could mean several things: one, the total amount of all medical bills and future medical care, lost wages, and projected loss of income; two, total compensation for pain and suffering, or for disfigurement or permanent disability. You are also entitled to coverage for repair/replacement of your damaged vehicle.
Each insurance policy has an upper limit, or maximum, on damages. This upper limit depends on how much coverage the policy owner purchased. In cases of catastrophic personal injury or wrongful death we may seek compensation from several sources to reach the needed amount, including claims under your own insurance for excess losses. At other times, unsafe road or highway design or a defect in the automobile operated may signal other avenues of recovery.
The vast majority of claims are settled out of court, although negotiations may take several months. We can file a formal lawsuit to preserve your rights. A lawsuit could also put pressure on a party that is reluctant to admit liability or settle the claim.
The last recourse is to try the case before a jury. This is an expensive undertaking involving many experts and witnesses, and there is always the risk of coming up empty. However, we do go to trial (and regularly win) when the facts support our client but the defense refuses a reasonable settlement.
In addition to representing victims of car accidents, we help those who have been injured in:
- Motorcycle and Moped Accidents – Many times there are claims that go beyond a simple collision. Did a helmet properly protect the victim? Were there stability issues with the motorcycle? Many folks get distracted by the perception that motorcycles are inherently dangerous. Tim Monsees is a licensed motorcycle operator, and can relate to the special challenges of motorcycle operation.
- Trucking Accidents and Charter or School Bus Accidents – These special vehicles are often regulated. Operators or drivers that fail to abide by applicable regulations may invoke other theories of recovery that a simple “car wreck” attorney may overlook.
- Ridesharing Accidents – There are specific “periods” known in the ridesharing industry that dictates which insurance policy is responsible for an injury or if there is any coverage at all.
- Pedestrian-related Accidents – This could be in crosswalks and other dangerous areas. Pedestrian cases include walkers, runners, and others who were hit by motorists on highways, roads, and city streets.
- Bicycle Accidents – Representing adults and children who have been hurt by motorists while biking requires the following inquiries: What are the rules of the road for bicycles? Was there a defective helmet? Was there a defect in the bicycle that contributed to the injury? Our experience and expertise allows us to identify and quickly navigate these issues at the outset.
- Hit-and-run Accidents – In many cases of hit-and-run accidents you are left navigating the troubled waters of insurance policies. Dealing with these difficulties is much easier with the right personal injury attorneys; that is where we come in.
- Distracted Driving-related Accidents – Auto accident cases caused by drivers who were texting, talking on the phone, navigating with GPS, or engaging in other dangerous behavior.
- Drunk Driving Accidents – Collisions involving motorists under the influence of alcohol, illegal substances, or prescription drugs
Accidents Involving Uninsured or Underinsured Motorists – Helping clients seek compensation after being in accidents involving drivers who had no insurance or minimal insurance
When you contact us after an accident, we begin an investigation into the circumstances of the crash. Our lawyers will talk to you and other passengers in your vehicle and contact any witnesses. Depending on the nature of the injuries or complexity of the crash, we may hire professional investigators and accident reconstructionists.
We take on the burdens of dealing with insurance companies. We keep clients informed and involved at every stage of the process. If you have questions or issues that arise, such as problems with hospital bills or property damage claims, we are always accessible. Assistance with these matters comes at no additional charge.
At Monsees & Mayer, P.C. we develop a relationship with our clients so we can understand their medical progress, their symptoms and limitations, their financial hardships, and the impact on their daily life and future. Those insights and details help us get the maximum compensation so you and your family can move forward.