QUESTION

What I need to know is should I get an attorney after a Car Accident?

Asked on Jan 25th, 2013 on Personal Injury - New York
More details to this question:
I was in a car accident close to the end of 2012. My sister was driving. I was in the passenger seat. We were going 35 to 50 mph when we hit a guardrail head on. She was 8 months pregnant at the time, which is why she had to go to the ER but she had no injuries. I, on the other hand, had a major case of whiplash and I had a deep bruise going from my right shoulder to my left hip from the seat belt. I looked at the car company's crash test videos, and we were going faster than them when we hit. Our air bags did not deploy. I emailed them asking why it had happened and wanted to make a claim being the one who had injuries and they wanted to look at the car. My sister works for the Marine Corps. She does not have time to see them but I do have a copy of the damage report and they said they still need to look at the car.
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15 ANSWERS

Personal Injury Attorney serving Los Angeles, CA at Law Office of Malosack Berjis
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Yes, you should definitely get an attorney especially, after an accident (and circumstances) like yours.
Answered on Feb 17th, 2013 at 11:11 PM

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Ronald A. Steinberg
Does a cat have whiskers? Of course you should get a lawyer.
Answered on Feb 01st, 2013 at 10:58 AM

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Christian Joseph Menard
Given your description, I would advise you to seek the counsel of an attorney who can thoroughly go through the facts of the case, determine which experts you would need as to the cause of the air bag deployment failure and lastly determine the full nature and extent of your injuries. Bottom line, it will be a cost/benefit analysis that will apply.
Answered on Jan 31st, 2013 at 8:50 AM

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Lisa Hurtado McDonnell
They probably want to see if the airbags were tampered with or disengaged. You can file a claim but injuries will be limited to your medical bills. Have you filed a claim? Are they refusing to pay your claim? If so then I would recommend you hire a lawyer.
Answered on Jan 29th, 2013 at 10:17 PM

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Yes, you definitely have a claim against your sister and her insurance company. A personal injury attorney should make a claim to her insurance company and her agent.
Answered on Jan 29th, 2013 at 10:16 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Your sister was at fault. You as the owner and the insured party are liable for her negligence and I suppose that is why the claim is denied. Get you a good lawyer and see what he thinks.
Answered on Jan 29th, 2013 at 10:14 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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First, it is much better to file a claim on your sister?s insurance . She is definitely liable for your injuries, and her insurance should not dispute liability. The only argument will be over the amount of damages. Regarding a claim for failure of the airbags, you will have to show a design or manufacturing defect for the manufacturer to be liable. This may require hiring an engineer as an expert witness and can be very costly and complicated. The only reason to pursue such a claim would be if your damages exceed the amount of your sister?s insurance. Also, in case you would rather go after the manufacturer and leave your sister out of it, the manufacturer will not pay such a claim without filing their own cross claim against your sister, because even if they have some fault in the accident, it is not their sole fault and they will insist on some contribution from her or her insurance. If you do pursue the manufacturer, you definitely need an attorney. For a claim against your sister, you might depending on how severely you are injured. Some things to consier are set out below: I am often asked by individuals who have been injured in an accident to give an opinion as to what would be a fair settlement in their case. Often, they give me a brief description of their injury, such as, ?I suffered two broken ribs, or ?I am now suffering back pain?, or ?I hurt my leg and had to have surgery? and give no further details. I cannot possibly give an opinion as to the value of their case without more information. I find myself repeating over and over some of the information set out below. The information below is an attempt to shed some light on what an accident injury victim should consider in determining a fair settlement. However, presenting damages to an insurance adjuster, and ultimately to a jury, is an advanced and complicated task. It not adequate to simply say ?I?m hurt?, describe your injury, and then hold out your hand and ask for money. I have practiced law since 1985, and still attend seminars and read books on the subject of presenting personal injury damage claims to juries. The information below will not be enough to make you a personal injury attorney, but hopefully will enlighten you regarding some factors that should be considered on evaluating your claim. Maximum Medical Improvment First, one needs to understand the concept of Maximum Medical Improvement (MMI). MMI is the point at which the condition of an injured person is stabilized. No further recovery or improvement is expected even with additional medical intervention. Basically, a condition is at maximum medical improvement if it is not believed that the condition will change or progress. In laymen?s terms, this is often referred to a ?being released by the doctor?. This term is most often used in the context of a worker?s compensation claim. An inquired employee usually receives temporary benefits until reaching maximum medical improvement. However, it also has significance in general personal injury cases. Insurers for at fault drivers, manufacturers of unsafe products, owners and operators of unsafe premises, and doctors guilty of malpractice do not normally make incremental payments as medical bills and lost wages are incurred. Rather, these insurers normally settle claims with one payments, which represents the final settlement. For this reason, the accident victim must have evidence of all past and future damages to present to the adjuster. This means it is premature to begin evaluating your claim before you reach MMI because you do not yet know how much your medical bills will be, nor do you know how severe the injury will ultimately be - which is the main factor in damages for pain and suffering ? until after you have reached MMI. After you have reached MMI, four basic factors that should be considered in evaluating your case are 1) special damages, also known as tangible damages, 2) severity of the injury, 3) durati
Answered on Jan 29th, 2013 at 10:13 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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If you are going to make a claim for a products liability, that is that the automobile airbags did not function as intended and to thereby exacerbated or caused your injuries, they will be actually necessary that the vehicle be examined to determine whether or not there was a problem. Attempting to do this by yourself and without an attorney will probably prove to be a complete waste of time. I would contact the attorney to determine whether or not their opinion is that you have a cause of action.
Answered on Jan 29th, 2013 at 10:12 PM

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James Eugene Hasser
It never hurts to talk with a lawyer, but I'm not sure you need one here. You can Google free Alabama accident information and decide for yourself whether you need a lawyer. It looks like you want to blame the car manufacturer for the airbags not deploying. That is what we call a products liability claim. These cases are very costly and time consuming. My experience has been that unless there are extremely serious permanent injuries or a death involved, the cases are not worth pursuing. These cases cannot be pursued at all without the product, because the manufacturer has the right to inspect it. I would encourage you to encourage your sister to let the manufacturer at least look at the car so they can see if anything is wrong with it. They also use their investigative results to figure out whether they need to do a recall or better their designs in the future. Now, for something you probably haven't thought of..you may have a claim against your sister for negligent driving if she was grossly negligent or if you were paying her for the ride. If such is the case, you would make a claim against her car insurance policy. Again, Google Alabama accident law, and if you decide you need a lawyer, get one familiar with Alabama accident law.
Answered on Jan 29th, 2013 at 10:10 PM

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Personal Injury Attorney serving Portland, OR at Kaplan Law, LLC
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Yes you should absolutely get an attorney. If this was a single car crash, any good lawyer will be required to make a claim vs your sister.
Answered on Jan 29th, 2013 at 10:09 PM

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Personal Injury Law Attorney serving Naperville, IL at Law Office of Barry R. Rabovsky
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You should hire an attorney.
Answered on Jan 29th, 2013 at 10:06 PM

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Personal Injury Attorney serving Atlanta, GA at Gregory S. Shurman, LLC
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I think you should speak with an attorney. Most attorneys provide the initial consultation free of charge.
Answered on Jan 29th, 2013 at 10:04 PM

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Complex Litigation Attorney serving Weston, FL at Schulman Law Group
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You may be entitled to bring a claim under your sister's auto liability insurance coverage since she was at fault.
Answered on Jan 29th, 2013 at 10:03 PM

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Litigation Attorney serving San Antonio, TX at Graves Law Firm
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Yes, you need a lawyer. Since this was a one-car accident your sister's liability insurance coverage can probably be made to pay your claim.
Answered on Jan 29th, 2013 at 10:03 PM

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Yes, go talk to an attorney.
Answered on Jan 29th, 2013 at 9:58 PM

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