You may be wondering, “Do I need a lawyer after a rollover accident?” The answer to this query is that you should hire a lawyer after a rollover accident if you believe that the other party may be at fault. Of course, the victim may be denied compensation for damages, at least partially, if they were reckless or if they were responsible for the accident.
If you feel that the person who caused your accident has committed an offense, you can also file a complaint with the public prosecutor. If you are suffering from an injury following a mishap, you may be entitled to compensation. The damage may impair your daily life, and it may be an injury that impacts activities affected by your accident, such as difficulty driving an automobile, trouble riding a bicycle, finding it difficult to go for walks, difficulty embarking on a boat, etc.
Also, remember that there is a time limit to bring a civil suit. Therefore, we must pay attention to the limitation period, i.e., the maximum legal period to prosecute a person. Hence, you should quickly consult a lawyer after a rollover accident and therefore help yourself to get the legal proceedings instituted against the negligent party; unless you decide to represent yourself, which is not advisable unless the cause is very simple or small.
It should also be known that there is no obligation for the victim to accept the first compensation proposal offered by a negligent party. It is not uncommon to see a significant discrepancy between the initial compensation proposal and the final proposal obtained by a juridical compensation professional. When you file a lawsuit for compensation, also remember that you will be required to provide a considerable amount of documentation.
This documentation may include protocols and therapeutic prescriptions that were implemented; records of consultation, intervention, exploration or hospitalization; examination results; correspondences between health professionals; etc. Similarly, think of all the evidence you may provide with regards to the facts and losses related to the accident. The following are the main issues in dispute that the court will have to decide: Is the rollover accident of the plaintiff in connection with a fault attributable to the city or a third party, such as the Department of Motor Vehicles or another citizen?
These concepts are, for example, relevant both for road accident victims and accident victims, and we will use this as an example to illustrate this idea. In the US, the law grants the victim of bodily, moral or material harm the right to obtain compensation from the person who is legally responsible for it. The essential principles can be summarized as follows: the negligent party is not automatically guilty; the victim must prove the fault of the negligent party; the negligent party should have had an obligation to behave safely; the negligent party does not have to foresee all eventualities, but they must also take reasonable care to prevent those that are typically foreseeable; etc.
Based on these principles, to determine whether a third party is responsible for a rollover accident, and thus legally required to repair the resulting injury, it is necessary to focus on identifying the cause of the rollover accident. Remember, it becomes imperative that you have the right legal representation for when the negligent party is summoned before a court for grave cases that can lead to substantial fines or even jail sentences. An experienced legal professional will, therefore, help you to obtain compensation for a bodily injury following an accident, or to appeal against an insurer to make sure that you get the appropriate amount of compensation.
Remember, not all lawyers charge the same fees for their services. Also, be wary of the claims of some lawyers who may not have had experience with this type of law. Therefore, you should contact your local bar association to make sure that the lawyer you hire has had experience representing clients who have suffered from a similar accident to the one you are dealing with.
Any time you are involved in an accident, there are a number of things you need to do to ensure you are both compensated fairly as well as protecting yourself. Here is a handy checklist you might want to keep on hand in case you are ever involved in an accident.
1. Make sure everyone is safe/ unharmed
Depending on the severity of the accident, you may or may not be able to immediately determine what injuries may or may not have been sustained. In some cases, drivers and passengers appear to be unharmed only to develop later complications. When in doubt, it is always best to be checked out as quickly as possible. In addition to caring for your own health, the longer you wait to get medical attention, the more likely those injuries can be chalked up to something else other than the accident.
2. Exchange insurance information and/ or call police if necessary
The next thing you do is going to be dependent on how serious the accident is and whether or not the other driver is insured – particularly if you feel they are the driver at fault. If it is a serious accident involving any kind of injury, you will definitely want to call the police, but you will also want to call them if it is a minor accident but the other driver is uninsured. Of course, this is also dependent on whether or not you live in a “no-fault” state. In a no-fault state, each driver is covered by their own insurance regardless of who is at fault in the accident, so it doesn’t really matter if the other driver is covered or not. Their insurance will not be taking care of you anyway.
3. Get a copy of police report, other driver’s information and contact information for any witnesses
While the police are filling out their report, you will want to try and get contact information from any witnesses – particularly if the other driver is at fault. While the police will get contact information from the other driver, you will want to try and get this information at the scene as well. Make sure you have the officer’s name and contact information and information on how to get a copy of the police report if you don’t get it at the scene.
4. Take pictures
You will want to make sure and document the accident well. This includes taking pictures of any damage or injuries as well as any evidence of the accident such as skid marks. If the accident was a result of someone not being able to see something, such as a stop sign being hidden by a tree limb, take a picture of that as well. Make sure and take pictures of damage to both cars as well as any damage to any property that may have been caused by the accident. This is particularly important for small fender benders, especially if you are not calling the police. In many cases, the other driver may try to claim damages that did not actually occur in the accident. Remember, the insurance adjusters are not there at the accident, so you need to throughly document the incident to protect yourself.
5. Call your insurance company
Even if the other driver is at fault, you will still want to notify your own insurance company of the accident. In some cases, the other driver may turn out to be underinsured or uninsured. If the accident is serious enough to call the police, you may find this out at the scene of the accident or they may tell you up front that they don’t have insurance. In other cases, they may produce an insurance card that may turn out to be fake, fraudulent or lapsed. For instance, they may claim to be on someone else’s policy when in fact they are not. Calling your insurance company immediately will often gain you an immediate and powerful ally in getting reimbursed for your claim.
The Spodek Law Group is a top rated law firm. We have experience handling personal injury claims. If you are in need of legal representation, we can help with personal injury claims in NYC and Los Angeles. Speak to our NYC personal injury lawyers and our Los Angeles personal injury lawyers today for a risk free consultation.
