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Factors That Can Impact Car Accident Claims in Milwaukee
Car accidents can be life-altering events, and understanding the factors that impact car accident claims is crucial for anyone involved in such incidents. Whether you’re in Milwaukee or elsewhere, navigating the complexities of a car accident claim can be daunting.
With their extensive experience in personal injury law, the Law Offices of Gary Greenberg are here to shed light on these factors. This article details car accident claims, including the accident’s causes, medical concerns, insurance coverage, legal representation, and other vital elements.
Let’s discuss the factors that can affect your car accident claim and help you make informed decisions.
- The Nature of the Accident
Regarding car accident claims in Milwaukee, the specifics of the accident play a crucial role. The National Highway Traffic Safety Administration shows that distracted driving is a significant cause of accidents.
This can influence your claim, as insurance companies often delve into these details. They’re looking for evidence like traffic violations or reckless behavior. If found, this could reduce your compensation.
In contrast, accidents caused by external factors such as poor road conditions might strengthen your claim. This is because it’s harder to argue that you were at fault if an icy patch sent you sliding into another vehicle.
- Degree of Fault
It’s like being on a teeter-totter; as one person’s level of responsibility increases, their compensation potential tends to decrease.
In the state of Wisconsin, the legal system operates with comparative negligence laws. So, if you’ve found 30% at fault for an accident, your claim payout could be reduced by that percentage.
This is where having experienced legal help becomes vital. The right lawyer can argue effectively about the degree of fault and potentially secure more damages for you.
- Injuries Sustained in the Accident
The type and severity of injuries can drastically change the value of a car accident claim. If you have suffered from severe damage, such as fractures or TBI, your recompense may be higher.
Minor injuries may not result in as much compensation, but they are still important. Whiplash is a widespread injury that can be serious despite seeming less severe than other kinds of damage.
Some damage may not be immediately visible, such as internal bleeding or emotional trauma. Getting checked out after an accident is essential because these invisible wounds also matter regarding claims.
- Emotional and Psychological Impact
The aftermath of a car accident isn’t just about physical injuries. Emotional distress and psychological trauma can also play a significant role in your claim. Experiencing a car crash can bring about conditions like PTSD, uneasiness, or depression, which may affect one’s day-to-day life and influence areas such as work productivity and social associations.
According to the American Psychological Association, psychological states can significantly impact various aspects of a person’s life, including work and relationships. However, proving emotional distress in court is difficult; it often needs expert testimonies and substantial evidence.
- Insurance Coverage Details
Your insurance policy details can make or break your car accident claim. Different policies offer varying degrees of coverage, and knowing your specifics is crucial.
If you have just liability insurance, it’ll only pay out for harm to other people’s property and medical costs if you’re responsible. But if you have comprehensive coverage, even damage to your vehicle is taken care of.
Uninsured or underinsured motorist protection is another crucial aspect. If the person who caused the accident doesn’t have sufficient insurance, this part of your policy will cover the expenses.
In Milwaukee, there are minimum requirements for auto insurance. However, having additional coverage could increase the value of your claim if you have an accident.
- Legal Representation in Car Accident Claims
Hiring a lawyer after a car accident isn’t just about navigating legal jargon. It’s like having an experienced guide to help you through the maze of paperwork and procedures.
Nolo points out that good lawyers know how insurance companies work, helping you get more from your claim. In Wisconsin, 895.045(1) allows the fault to be shared among multiple parties. They are aware of these essential details that can significantly influence your case.
A study by the Insurance Information Institute found that those with legal representation often receive higher settlements. Having an attorney could bring assurance and provide more money in your pocket.
- Impact of Witnesses and Evidence
The role witnesses play in car accident claims can’t be overstated. Like crucial pieces in a complex puzzle, witness testimonies often provide details that could tip the scales in your favor.
Evidence is another key player, not saying much, but its presence speaks volumes. Claim evaluators use various types of evidence to assess claims, including photos of vehicle damage and medical records showing the severity of injuries.
Proving fault in a car accident claim depends on witness accounts and tangible evidence.
- The Effectiveness of Medical Treatment Received
After a car accident, getting timely and adequate medical help is critical. Prompt medical treatment is essential for your well-being and can also affect the outcome of accident-related claims. A delay in treatment can lead to questions about the severity of injuries, potentially lowering your compensation.
If you see a doctor right after an accident, they can record everything. This evidence is vital for dealing with insurance companies or in court. The more detailed their notes are on how the injury impacts daily life, the stronger the claim will be.
Consistent care shows commitment to recovery and is viewed positively by claims adjusters and juries.
- Pre-existing Conditions and Their Influence
If you have a pre-existing condition, it might affect your car accident claim. This is because insurance companies often argue that injuries from the accident are actually due to these conditions.
The good news? Courts usually follow the “eggshell plaintiff” rule. If an accident worsens your health issues, you should be compensated for it.
But how can we prove this?
- Medical records: They detail your condition before and after the incident.
- Your doctor’s testimony: They can confirm whether the collision aggravated your symptoms.
You need expert help to navigate through such complexities. Hire an experienced car accident lawyer at The Law Offices of Gary Greenberg. They know how to handle claims involving pre-existing conditions. They can help you secure fair compensation for your injuries.
- Economic Factors and Their Impact
The financial repercussions of a car accident can be substantial. Lost wages and property damage can significantly impact the value of your claim.
For instance, you had an accident while driving your vintage Mustang, an asset with high market value. The cost of repairs will inevitably increase your claim size due to its substantial financial loss.
The same goes for lost income. If an injury from the accident prevents you from working, it can have a financial impact that should be considered in your claim. A study by The National Institutes of Health revealed that this issue affects many people involved in accidents.
FAQs
What are the three impacts of an accident?
Knowing the three types of impacts in a car accident – vehicle, external, and internal – is critical in understanding the full extent of the injuries that may have occurred.
What is one of the two most significant causes of car crashes?
In the United States, the most common cause of car crash deaths is driving under the influence of drugs or alcohol. Other common causes include distracted driving, such as using a cell phone while driving, speeding, reckless driving, and not wearing a seatbelt.
How do you measure accident severity?
Companies and organizations generally use severity to determine just how severe or critical the effects of an injury or illness can be. It’s calculated using the average number of days lost due to an accident. This can indicate an organization’s safety performance.
What are the five significant factors causing vehicle accidents?
Texting or eating while driving is the most common cause of car crashes.
The top 5 factors that cause car accidents are distracted driving, drunk driving, speeding, reckless driving, and poor weather conditions.
Contact a Car Accident Lawyer in Milwaukee Today!
Don’t navigate the complexities of car accident claims alone. Contact The Law Offices of Gary Greenberg and secure the fair compensation you deserve. Our experienced car accident attorneys can help you through the intricate process, from legal representation to gathering evidence. Get started now to protect your rights and maximize your claim.
