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Car Accidents
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Trust Kanner & Pintaluga After Your Car Accident
Over 6 million car accidents occur in the United States each year. Tragically, those accidents result in nearly 37,000 deaths per year. When people sustain serious injuries as a result of a motor vehicle accident, it can be devastating.
If you have been involved in a car accident and were injured as a result, you are probably concerned about how you will pay for necessary medical treatment, repairs to your vehicle, and other expenses. More importantly, you are probably worried about getting healthy again. If your loved one was catastrophically or fatally injured in an accident, you need to know what benefits you may be entitled to and how to pursue those benefits under the law.
At Kanner & Pintaluga, our attorneys understand the stress and confusion that a car or other motor vehicle accident causes victims and their families. We have spent years litigating motor vehicle accident cases, including head-on collisions and hit-and-run accidents. Your claim will be handled in an efficient and timely manner that achieves the results that you deserve.
Important Steps to Take When in a Car Accident
Seek prompt medical attention.
Cooperate with law enforcement and medical personnel at the scene. Clearly explain your injuries. If you are not immediately transported to the hospital, see your doctor or physician as soon as possible. Medical treatment helps to heal your injuries and also documents your injuries, which helps to build your case.
Take photographs of the scene.
Take photographs of the scene of the auto accident, all vehicles involved, and if possible, any physical injuries sustained in the accident. Taking photographs of the entire scene of the accident enables attorneys to negotiate your case more effectively.
Pay attention.
Pay attention to what the at-fault party says or admits at the accident scene. Ask the at-fault party what they believe may have caused the accident. Typically, their answers can be used in court at a later time.
Cooperate with law enforcement.
Take notes regarding what the police officer said about the cause of the accident. If the officer issued a citation, find out who the citation was issued to and the reason for the citation. If possible, obtain a copy of the police report and keep it for your records.
Seek legal advice.
Do not talk to any insurance representative (except for your own company). If an insurance adjuster asks to record your answers to their questions, refuse if you have not obtained the guidance of one of our experienced attorneys first. Insurance companies often encourage you to admit some portion of fault, like conceding that you were speeding or talking on your cell phone.
Be patient.
Remember, your health is what is most important. Your injuries will take time to heal. Consistently follow the treatment plan your physicians outline with the goal in mind of becoming pain free.
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If Necessary, We Will Take Your Case to Court
Because the attorneys at Kanner & Pintaluga have extensive litigation experience, we never hesitate to go to court if necessary. Although the vast majority of our vehicle accident claims are settled out of court, we provide clients with the peace of mind that we will do what it takes to get maximum compensation.
As with all personal injury cases for our clients, there is absolutely no cost to you unless we win your case. Do not hesitate to contact an attorney at Kanner & Pintaluga if you have been injured in a vehicle accident. To schedule a consultation with an attorney regarding your vehicle accident, please call 1-800-586-5555 or feel free to contact us via email.
Common Car Accident Injuries: What You Need to Know
Car accidents are a common and unfortunate reality for millions of Americans each year, and understanding the types of injuries that can occur is crucial for anyone involved in these tragic incidents. From minor fender benders to more severe crashes, injuries can vary significantly in terms of severity and long-term impact.
If you’re looking to hire a car accident lawyer to fight your case, there are a few essential facts to consider when determining how your claim may progress in court.
Injury Severity
The severity of an injury plays a large role in personal injury claims. It directly impacts several aspects of the legal process, including the compensation you may receive. Typically, less severe injuries see smaller settlement amounts, while traumatic injuries win larger payouts. There are several reasons for this.
- Medical Costs. More severe injuries often come with higher medical bills. They involve extended hospital stays, invasive procedures, and lengthy rehabilitation. There are also additional costs associated with serious injuries — like assistance with daily living, long-term medication, and more.
- Lost Wages and Future Earning Capacity. The more severe an injury, the longer victims usually need to take off work to recover. This leads to an increase in lost wages. Additionally, severe injuries can cause permanent disability and impairment which affects future earning capacity, too.
- Emotional Distress. Severe injuries often lead to psychological impacts, such as PTSD, depression, or anxiety, particularly in cases of traumatic accidents. Compensation for emotional distress can be substantial if the injury is particularly traumatic or if the emotional effects are long-lasting.
- Insurance. Severe injuries may lead to more complex insurance negotiations or legal proceedings, especially if long-term care is necessary. For minor injuries, insurance companies may settle more quickly for lower amounts.
Long-Term Injury Impacts
Lawyers, insurance companies, and the courts will closely review the long-term impacts associated with your injury. The more significant long-term impacts you face, the larger your settlement is likely to be. Some injuries can lead to chronic conditions, ongoing pain, and long-term lifestyle changes.
For injuries where the victims can recover quickly and return to daily life without interruption, settlements are likely to be far less. Examples of long-term impacts from car accident injuries include:
- Future lost wages
- Permanent disability
- PTSD
- Lengthy rehabilitation
- Assistance with daily living activities
- Amputations or loss of mobility
- Vision or hearing impairments
- Scarring or disfigurement
- Loss of relationships
- Loss of reputation
- And more
Fault and Liability
Fault and liability are central concepts in personal injury cases, and they can significantly affect the outcome of a claim. The auto accident attorneys at Kanner & Pintaluga will fight to establish the other party’s negligence when negotiating your settlement.
- Liability. In a car accident case, the negligent driver may be liable for damages to the victim’s injuries. As the victim, you’ll need to prove that the other party was at fault for the accident.
- Fault. Failing to follow reasonable care, disregarding others’ safety, or intentional misconduct are all examples of fault. Speeding, distracted driving, ignoring traffic signals, and more are all common scenarios of fault regarding car accidents.
- Comparative Negligence. Many states follow the rule of comparative negligence, meaning you can still sue for damages even if you are partially at fault for an accident. However, your settlement will be reduced according to your percentage of fault.
- Contributory Negligence. Some states follow a contributory negligence rule, which prevents victims from suing for damages if they are even 1% at fault for an accident.
- Multiple Parties. In cases where multiple parties share a portion of fault for an accident, matters can become much more complex. Having a car wreck lawyer fighting on your behalf is crucial.
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Hiring a Car Accident Attorney
When hiring a car accident attorney it is important you find a firm that is willing to fight for you and your family. Kanner & Pintaluga is experienced in working against insurance companies. For more information or to schedule a FREE consultation call 800.586.5555.
What Are the Most Common Injuries from Car Accidents?
Car accidents often result in blunt force trauma to the body, which can cause a wide range of injuries. Additionally, components like airbags, seat belts, glass, and flying objects can significantly injure victims. When you factor in environmental hazards like utility poles, trees, and other cars, the risk of injury from a car crash is quite significant. According to the CDC, there are 3.8 million emergency room visits in America annually where car wrecks are cited as the cause of injury.
The most common injuries from car accidents include:
- Soft Tissue Injuries. Whiplash, sprains, strains, and contusions.
- Scrapes and Cuts. Lacerations from objects inside the car.
- Head Injuries. Concussions and traumatic brain injuries (TBIs).
- Chest Injuries. Broken ribs, bruises, contusions, and injury to internal organs.
- Injuries to the Extremities. Arm, leg, and knee injuries.
- Broken Bones. Broken legs, ribs, arms, ankles, and wrists.
- Spinal Cord Injuries. Cervical spine injuries, loss of movement, spinal stenosis, and more.
- Burn Injuries. Electrical burns, chemical exposure, and contact with hot surfaces.
- Facial Injuries. Bruises, bone fractures, eye damage, and more.
- Psychological Injuries. PTSD, depression, and anxiety from the mental anguish of a crash.
There are more than 45,000 deaths resulting from automobile accidents each year in the United States. According to the CDC, here are a few more statistics regarding car crashes.
- The average ER visit rate for motor vehicle crashes in the United States is 11.6 visits per 1,000 people per year.
- Individuals aged 15-24 are the most likely to suffer a car accident injury, with a rate of 19.1 per 1,000.
- Non-Hispanic Black residents are the most likely to suffer an injury, with a rate of 28.1 visits per 1,000 people.
- The Southern United States has a higher rate of ER visits (15.0 visits per 1,000 people annually) than the Northeast (9.6), Midwest (9.7), and the West (9.5).
Car Insurance Coverage for Accident Injuries
When you’re involved in a car accident, your car insurance policy plays a crucial role in covering the costs of injuries. Understanding the various types of coverage included in your insurance can help you navigate the claims process and ensure you’re financially protected. However, it’s crucial to know that insurance carriers want to settle claims quickly and for as little as possible. For this reason, you must speak with a car accident lawyer immediately to maximize your compensation.
At Kanner & Pintaluga, our team of auto accident attorneys is well-versed in negotiating with even the most stubborn insurance companies. We always represent the victims as individuals and never take the side of large corporations. We’ll work tirelessly to secure justice and get the compensation you deserve.
Here are a few key considerations when dealing with car insurance companies following an accident injury.
- Personal Injury Protection (PIP). Each state has a mandatory minimum amount of PIP coverage that drivers must carry on an insurance policy. This coverage provides compensation for medical expenses following an accident. However, PIP coverage may not be enough for all your expenses.
- Liability Insurance. This includes Bodily Liability and Property Damage Liability coverage. The other driver’s BL coverage should cover your medical expenses, while their PDL should cover damage to your vehicle and personal belongings. Some states have minimum coverage limits, while others allow drivers to select higher limits.
- Uninsured Motorist Coverage. Unfortunately, according to the Insurance Research Council, approximately 14% of all U.S. drivers are uninsured. In states like Florida, that number soars to 20%. Uninsured/Underinsured Motorist (UM/UIM) coverage is designed to protect you if you’re injured in an accident caused by a driver who doesn’t have insurance. This coverage is mandatory in some states, while optional in others.
While these insurance policies are designed to provide compensation in the event of an accident, it’s crucial to speak with a car crash attorney following an incident. Insurance companies may attempt to deny or undervalue claims, leaving victims facing hefty costs. You may also be entitled to compensation for pain, suffering, and mental anguish.
The experienced car accident lawyers at Kanner & Pintaluga will fight to maximize your settlement amount, making sure that you receive the full amount you’re entitled to.
Why You Should Seek Legal Help for Car Accident Injuries
After a car accident, even if the injuries seem minor, seeking legal help can be essential to ensuring you receive the compensation you deserve. While many people think they can handle the situation, navigating the complexities of insurance claims, medical bills, and potential lawsuits can be overwhelming.
If you’re searching for a “car accident lawyer near me,” the attorneys at Kanner & Pintaluga are here to help. Here are the ways hiring a diligent auto accident attorney can benefit you.
- Understand Your Rights. The legal process can be complicated, and it’s easy to overlook or misunderstand your rights after an accident. A car accident lawyer can help you understand the full scope of your legal rights, ensuring you don’t make decisions that could negatively impact your case.
- Maximize Compensation. Don’t allow insurance companies to pressure you into accepting low offers quickly. A car crash attorney can help you maximize your compensation by ensuring all damages are accounted for, including medical bills, lost wages, pain and suffering, and emotional distress.
- Determine Fault and Liability. Liability may be disputed or unclear. A car wreck lawyer will investigate the accident, gather evidence (like police reports, witness statements, and expert opinions), and build a strong case to prove the other party’s fault.
- Correspondence with Medical Providers and More. When you’re injured, dealing with official correspondence between medical providers, insurance companies, and the other party’s legal team is the last thing that should be on your mind. Instead, let the compassionate car wreck lawyers at Kanner & Pintaluga handle this tedious communication on your behalf.
- Get Peace of Mind. Going through the aftermath of an accident and dealing with injury recovery, medical treatments, and financial stress can be overwhelming. By hiring a knowledgeable car accident lawyer, you can focus on healing and getting back to your life, knowing that someone is handling the legal and logistical side of things. We’ll ensure we file claims to meet all deadlines within the statute of limitations and more for a smooth legal process.
// VEHICLE ACCIDENT FAQ’S
Frequently Asked Questions About Vehicle Accidents
Can passengers sue after being involved in a car crash in Florida?
Receiving the compensation you’re owed as a passenger injured in a car wreck isn’t always easy. No-fault insurance laws in Florida can make things a bit complicated. You should first attempt to file a claim against the personal injury protection (PIP) coverage of the driver whose vehicle you were riding in. The driver’s PIP coverage should technically cover you as their passenger.
Some passengers might have their own vehicles or PIP coverage through a family member. If that’s the case, you can also file a claim under your own policy. Even if you do have health insurance coverage, your health insurer may require you to first seek compensation via auto policy PIP.
Florida drivers are required to carry at least $10,000 of personal injury protection and $10,000 of property damage liability. That $10,000 might not go very far if the driver and multiple passengers suffered serious injuries. Passengers may need to file separate claims against the at-fault driver. If the driver who caused the crash didn’t have injury liability coverage but the driver of the vehicle you were in did have uninsured motorists/underinsured motorists (UM/UIM) coverage, you may be able to file a claim for damages through their policy.
Being injured as a passenger in someone else’s vehicle can be extremely stressful, especially if the driver doesn’t have enough coverage for all the injuries sustained by themselves and other passengers. It may be in your best interest to speak with a Florida car crash lawyer.
Does it make sense to call a lawyer after a minor accident?
The apparent severity of an accident may not be the deciding factor in whether you should seek representation from a car accident lawyer. The extent and severity of your injuries, and whether your PIP covers your medical costs, should be the primary factor to consider. Car accident lawyers generally won’t take cases below specific values because they work on a contingency fee basis. It’s important that you get the money you need to recover while also being able to pay for the attorney’s time and expenses. If your injuries are serious enough to justify filing a claim against the at-fault driver’s insurance, it may be time to start considering car crash lawyers.
Are car accident lawyers expensive?
No – car accident attorneys work on a contingency fee basis. That means they’re paid a percentage of what they negotiate or litigate on your behalf. If they are unable to negotiate a claim payment for you or win you a verdict in court, you won’t owe them anything. Any compensation you do owe a personal injury attorney at the end of your case will be derived from the money you’re paid by the insurance company or the at-fault driver, which means the money technically isn’t coming out of your pocket.
How can I tell if the settlement offer from the insurance company is fair?
It’s important to consider the totality of your accident-related expenses when judging the fairness of an insurance company claim settlement offer. Consider not only your current medical costs so far but also your lost wages and continuing or future medical costs. You might also be entitled to additional pain and suffering damages for the discomfort or emotional stress you’ve endured. Accepting an initial low settlement offer may result in you still having expenses after the claim payment has been used up.
One of the best ways for determining what is and isn’t a fair claim payment is to consult with an experienced car crash lawyer. They can help you calculate your current and potential future costs so you can determine what a fair payment should be.
Does fault matter in Florida?
Yes, it may still matter, especially in accidents that resulted in serious injuries. It could be argued that fault matters less in Florida than in other states for minor accidents due to our no-fault insurance laws. Every driver’s personal injury protection (PIP) coverage pays for their own injuries up to the policy limit. After the policy limit has been exceeded, the at-fault driver may be held liable for medical costs, lost wages and pain and suffering. Property damage is treated like other states where every driver is required to carry property damage liability coverage. The at-fault driver should pay for your car repairs or replacement up to their policy limit ($10,000 minimum property damage liability required by law).
PIP also doesn’t usually cover pain and suffering or other non-compensatory damages. It will be necessary to file a claim against the at-fault driver if you wish to pursue those types of damages.
How much time do I have to file a claim after a car crash?
Depending where the accident occurred, the state’s statute of limitations can be anywhere from two to six years. The statute of limitations defines the number of years you have to file a claim or lawsuit after being injured in a car accident. In practice, waiting the full length of time in the statute may not be the wisest or the easiest course of action. There are things you should do right away, even if you don’t file a claim immediately. You should always seek medical care as soon as possible after a car accident. It’s important your injuries are documented by a medical professional and accurately attributed to the accident. You should also document the scene and consider contacting a lawyer to definitively prove fault in a crash.
Drivers, passengers and witnesses may forget a lot over the course of four years. You might lose track of receipts from medical care or the emotional and physical injuries you incurred may fade. All these factors may make it more difficult to succeed in a personal injury claim. That’s why in most cases it makes sense to take quick action rather than wait for the statute of limitations to run out.
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