why would you need an attorney after being rear ended

Hiring a lawyer is especially critical if you or a loved one have been severely injured in a rear-end collision, severely burned from a collision, or experienced either brain or spinal trauma as a result. These are known as “hard injuries”, and these should always be addressed by a licensed attorney.

Full Answer

Do I need a lawyer for a rear-end accident?

If you got rear-ended, you might only have whiplash – or you might have a broken neck. Liability might be assumed for the driver who hit you, but his attorney is going to argue mitigating circumstances and that your injuries aren't as bad as they seem in an effort to lower damages.

What happens if you get rear ended in a car accident?

Feb 08, 2017 · Hiring a lawyer is especially critical if you or a loved one have been severely injured in a rear-end collision, severely burned from a collision, or experienced either brain or spinal trauma as a result. These are known as “hard injuries”, and these should always be addressed by a licensed attorney.

What happens if you rear-end someone who is driving behind you?

Oct 28, 2020 · You may be suffering from injuries like whiplash, persistent back pain, PTSD, or a concussion. High-speed rear-end accidents may even result in catastrophic injuries. Whether your accident was minor or serious, you may be wondering if you should get a lawyer after being rear-ended. The answer depends on several key factors, including the severity of the wreck, who …

How can a chiropractor help after a rear-end collision?

There's no way to avoid them, you just have to hope it never happens. But, at least with a rear-end accident, you don't have to pay for a lawyer because it was definitely the other driver's fault. Right? Many people believe that because rear-end accidents presume automatic fault on the part of the other driver that they won't need a lawyer.

What to expect after being rear ended?

In rear end collisions, whiplash, or neck strain, is a common injury. This injury can cause discomfort in the neck, headaches, and stiffness or paralysis. Severe whiplash may cause pain, weakness, or numbness in the arms and shoulders.Jan 12, 2022

Should you get checked out after being rear ended?

Seek Medical Attention Even if you have only suffered minor injuries, you should get checked out by a medical professional. Injuries, like whiplash, may not seem bad and may not be noticeable for days after a rear-end car accident. Experienced personal injury attorneys can arrange for treatment on liens.

How long does it take to recover from being rear ended?

Six weeks is the average recovery time after a car accident. Some victims will feel back to normal sooner than this, while others will experience pain and suffering for a lifetime.Mar 11, 2019

What is the most common injury related with a rear-end collision?

A common injury resulting from rear-end collisions is neck strain, also known as whiplash. This injury is characterized by neck pain, headaches, and stiffness or weakness in the neck. Severe whiplash can cause nerve injuries that cause pain, weakness, or numbness in the arms and shoulders.Dec 20, 2020

How does the body move in a rear-end accident?

When someone is rear-ended, they rapidly move from a position of rest to a high rate of speed. This creates forces on the neck causing the head to move back quickly and then forward. Based upon the speed of the at-fault vehicle and the resulting force of the impact, the forces on the neck can be severe.Sep 30, 2018

What should you do immediately after whiplash?

What's the Treatment for Whiplash?Ice your neck to reduce pain and swelling as soon as you can after the injury. ... Take painkillers or other drugs, if recommended by your doctor. ... Use a neck brace or collar to add support, if your doctor recommends it.More items...•Aug 2, 2020

Can whiplash be serious?

Whiplash occurs when an accident whips the head and neck abruptly back and forth, damaging the soft tissues of the neck. Whiplash can be an incredibly serious injury with symptoms such as chronic pain and immobility.Jan 15, 2020

What damage can a rear-end collision cause?

Unfortunately, rear-end collisions often result in frame damage, which can put stress on the suspension system of the vehicle and cause the shocks, struts and other parts to wear out faster. Additionally, as mentioned, poor alignment can also put more pressure on suspension components.Sep 16, 2020

Do I Need An Attorney?

If you or a loved one have been involved in a rear-end collision, you may be eligible for legal recourse.

Why You Need An Attorney After A Rear-End Collision

There are many logistics to consider after an auto accident. Auto insurance claims, police reporting, personal injury, medical bills, and reading up on auto accident statues are just a few of the issues you have to deal with after a rear-end collision.

Can I Handle This Myself?

Hiring a lawyer is especially critical if you or a loved one have been severely injured in a rear-end collision, severely burned from a collision, or experienced either brain or spinal trauma as a result. These are known as “hard injuries”, and these should always be addressed by a licensed attorney.

Do You Live In An At-Fault State?

Before you do anything else, it’s important to understand how your state handles car accidents. Most states operate under an at-fault system, in which the insurance carrier of the driver who is responsible for causing an accident is responsible for the cost of property damage and injuries sustained in an accident.

Who Is At Fault In a Rear-End Collision?

If you live in an at-fault state, determining who was responsible for the accident is crucial. In the majority of cases, the driver who rear-ended you will be deemed at fault for the accident. This is because cars are required by law to keep a safe following distance from the cars in front of them.

How Do You File A Rear-End Collision Insurance Claim?

Regardless of whether or not you choose to seek out the help of a car accident lawyer, you will need to file a claim with the at-fault driver’s insurance.

How Much Will A Rear-End Collision Settlement Be?

There are too many factors to give a truly accurate estimate of what you can expect in terms of a rear-end collision settlement.

How Can You Be Sure Whether You Need an Accident Lawyer?

The best way to determine how much a car accident attorney can actually help you is to arrange a consultation with an experienced personal injury law firm. At Lerner and Rowe Injury Attorneys, we offer all prospective clients with a free case review to help accident victims understand all their legal options and make an informed decision.

Could You Be At Fault?

Think about the condition of your car and how you were driving leading up to the rear-end collision.

Your Location Matters

The next thing you need to consider is if you live in a fault or no-fault state.

How Bad Were You Hurt?

Injuries can vary drastically case by case when it comes to rear-end collisions.

Does The Other Driver Have Insurance?

One of the worse things that can happen is getting rear-ended by someone without insurance.

Should I hire an attorney if I was injured?

If you were injured, then you should retain an attorney asap. If you were not injured, the only reason to hire an attorney is if you are blamed for the accident somehow. If you were not injured, speak to a representative of your own insurance company to let them know all of the details. That way, they do not pay any claim from the other party. You should also document everything and make a claim against the other...

Do your lights work if you hit someone?

Yes, especially because of the issue with the police report saying your lights did not work. The insurance company for the driver that hit you will use it to blame you for the wreck and that will negatively impact their settlement negotiations.

What To Do After a Rear-End Car Accident

Check for Injuries Summon medical help and administer first aid to others who may be injured, if you’re able.

5 Big Mistakes After Getting Rear-Ended

Working Out A Deal With the Other Driver The other driver might offer to pay your damages “ without getting the cops or insurance involved .” That’s a big red flag that the driver has a revoked license or no insurance. Always call 911.

What To Do While Recovering from The Crash

As soon as possible after the accident, write down everything that happened while the details are still fresh in your mind.

Rear-End Accidents Without Vehicle Damage

If you are rear-ended in a parking lot or in slow-moving traffic, there may be little or no apparent damage to your vehicle. The other vehicle may also show little damage, or may have a crumpled hood and smashed front end, depending on the size and weight of your cars.

How long does it take for a rear end collision to show up?

It can take weeks for the symptoms of an injury from a rear-end collision to appear. Some injuries like broken bones or soft tissue damage are immediately apparent. But brain injuries, concussion symptoms, and herniated discs may not be noticeable at first glance or could grow worse over time.

What should I do before filing a lawsuit?

Before you file a lawsuit, you should get a full examination from a doctor with experience in treating patients who have been in a collision. This diagnosis will help your lawyer determine how much they should charge for a rear-end accident settlement.

What happens if you slam on your brakes?

If you slam on your brakes suddenly because you were distracted, that could be used against you to reduce your settlement. However, it’s rare that you would be entirely at fault. People driving behind you are supposed to leave sufficient stopping distance. Following too closely is a traffic violation for a good reason.

How to calculate damages?

Here are some things that can help you calculate your full damages: 1. Check your car. In addition to medical bills, you need to calculate the costs for repair or replacing the damaged vehicle.

Who is John Foy?

John M. Foy became an attorney in 1993 in the state of Georgia and founded his firm in 1999 with only one room. Foy has now grown the firm to employ over 30 attorneys and 125 staff. He has trademarked “Strong Arm” attorney and has devoted his career to representing victims injured by others negligence.

Do you need a lawyer for personal injury?

However, if it’s not enough, then you may need to hire a lawyer to get what you deserve. Many people are scared to do this because they are worried about the costs of hiring one. Fortunately, in personal injury cases, lawyers are most often paid on contingency.

Can a lawyer cover the costs of an accident?

Depending on the circumstances, they may cover the costs. However, if they won’t cover the costs, then a lawyer can factor those into any settlement offer or lawsuit with the other driver. If possible, write down or record what you remember about the accident as soon as you can. 2.

What is tailgating in a car accident?

Tailgating, often cited as following too close, results in a failure to stop in time and is a primary cause of rear-end accidents nationwide. The driver who is cited for following too close or a failure to stop will be the person assumed at fault in the accident until evidence supports otherwise.

How fast does a car go when it's slow?

Often vehicles are traveling slowly, less than 15 mph and usually happen when one driver begins to accelerate from a stop. While it is a relatively minor incident the rules of fault and negligence that govern normal rear-end collisions apply.

What does it mean when a driver rear-ends someone?

It is important to remember if a driver admits this or something similar, it supports fault and intent. Rear-ending someone “by accident” or without intent means the rear driver did not expect the vehicle in front of you to stop.

What does PIP cover?

PIP covers the driver for medical bills and lost wages, up to a certain amount, no matter who is at fault. Each driver involved in a collision looks to their own insurance company to cover their losses. This does not mean an at-fault driver cannot be sued for damages above and beyond what the PIP provides.

What is at fault insurance?

At-Fault Insurance - Most States use at-fault based insurance rules for car accidents. In this scenario the at-fault motorist will be held responsible for repairs, medical bills, lost wages, (economic losses) and potentially pain and suffering (compensatory compensation), and possibly punitive.

What is the role of Tort Law?

Tort law, State laws, traffic codes, jurisdiction can play a critical factor when evaluating whether you have a valid injury claim supported by the law beyond just harm suffered. Head-on collisions, high-speed collisions, hitting a parked car, a pedestrian crash, hydroplaning and rear-end collisions are all a risk when you share the roads.

Is the rear driver at fault for tailgating?

The rear driver is not ALWAYS at fault for tailgating accidents, however.

How to stop a car when it's parked?

1. Stop and Check for Injuries. First and foremost, stop your vehicle… if it’s not already stopped, that is. A majority of rear-end accidents actually involve a stopped car. If you hit a parked car, or your car is hit while parked, it’s important that you stay where you are and exchange information with the other driver. ...

Why are rear end accidents so common?

Rear-end accidents are all too common and are frequently caused by things like speeding, traffic congestion, distracted or reckless driving, mechanical failure, and driving under the influence of drugs or alcohol.

How long does it take to report an accident to the police?

That said, most providers require that you’ve reported the accident to the police within 24 hours. Once you’ve reported the accident to the local authorities, you should follow your state’s requirements and any timeline stipulated in your insurance policy.

What is the most common type of car accident?

According to the U.S. Department of Transportation, rear-end collisions are the most common type of car accident, making up about 29% of all crashes each year. You can never be completely prepared for a car accident. It’s almost impossible to avoid feeling a little rattled and unsure of what to do after you’ve been rear-ended, ...

Why is it important to follow specific steps after a rear end accident?

That’s why it’s important to follow specific steps after a rear-end accident to ensure you limit your financial and legal risk. Knowing what to do immediately following a car accident ...

What to do after a car accident?

Call Your Insurance Agent. After an accident, there’s a lot to think about and do, and notifying your insurance provider might not be the first thing on your mind. You may be wondering, though, how long you actually have to call your insurance company after you’ve been rear-ended.

How fast does an airbag deploy?

It’s common for people to feel shaken up after an accident, especially if airbags deploy, which tends to happen when a collision occurs at 8-14 miles per hour.

What are the symptoms of a herniated disc?

Symptoms of a herniated disc include back spasms, difficulty breathing and a loss of movement below the injury.

What happens if you hit a passenger in the rear end of a car?

If a passenger’s head jolts back into a headrest or comes into contact with a projected item in the vehicle, the force could cause a concussion , a type of traumatic brain injury caused by a severe blow to the head that causes the brain to move.

What is the most serious form of facial laceration?

This occurs when an object penetrates the face with enough force to cut through the skin. The most serious of facial lacerations can damage the nerves and blood vessels in the face. Bleeding and bruising to the face are indicators of serious facial lacerations.

What is the most common injury resulting from a rear end collision?

Whiplash. In the case of a rear-end collision, passengers in the hit vehicle are often jolted forward quickly, causing damage to their neck and head. As a result, whiplash is one of the most common injuries resulting from these types of crashes, caused by a sudden jerk to the head.

What causes facial lacerations?

It can also cause items in the vehicle to be projected toward a passenger’s face causing facial lacerations. This occurs when an object penetrates the face with enough force to cut through the skin.

What are the side effects of whiplash?

Side effects of whiplash include extreme neck strain that is produced by muscles and tendons that have stretched too far. Headaches, tenderness and a decreased range of neck mobility are other signs that may indicate you are experiencing whiplash.

What happens when you move your brain?

The rapid movement to the brain causes chemical changes, often damaging brain cells. Concussions are sometimes thought of as minor injuries, but their side effects can be serious if not treated properly.