Auto accident lawyers look for a “tripod for success” to see if a case is worth taking on. There must be liability, damages, and insurance to succeed for compensation from an unjust injury or death. If a plaintiff causes or significantly contributes to the cause of his or her injury, there isn’t a likelihood of substantial compensation. If damages are questionable, an insurer or a jury isn’t likely to believe those damages. If there’s no insurance company on the defendant’s side, and the injured person doesn’t carry uninsured motorist insurance, obtaining compensation for an injury could be a lot more difficult.
Motorist vs. Emergency Truck
Successful personal injury cases involving auto accidents carry all three of the above elements. One good example is a 2014 Georgia case involving an emergency truck that hit a motorcyclist. The motorcyclist’s leg required amputation at the knee. Medical bills and lost earnings up to the time of the trial approached $600,000. The insurer offered $2 million. A Floyd County jury awarded $8.1 million. The verdict was a huge success.
Artist vs. Pizza Delivery Driver
Closer to home, a right-handed Savannah fine arts painter crashed the moped he was riding into the side of a Pizza Hut delivery vehicle that had run a stop sign. Right shoulder and clavicle injuries required surgery, and chronic pain limited the functionality and range of motion of the plaintiff’s right arm. A jury awarded the artist more than $1.4 million in damages.
Common Threads
Both of the above litigation successes involved car accident injury lawyers and clients who acted responsibly. The best car accident lawyers require honesty and the trust of their clients.
Here’s a list of mistakes that you might make after a motor vehicle crash. You won’t make any of them if you call us right away after an accident.
- Not calling the police
Both sides and a jury will rely heavily on a police officer’s findings at an accident site. Never get talked out of calling the police.
- Lying
One way or another, the defense team will find out if you’re lying on an issue. Your credibility will be flattened, especially in front of a judge and jury.
- Delaying treatment
The longer that you wait to treat your injuries, the stronger the question is of faking or malingering. Get treated right away, follow your doctor’s orders, and attend all medical or therapy appointments. The defense will be looking for gaps in treatment.
- Social media
Insurance investigators working on behalf of the insured person who caused your accident will be looking for you out there in cyberspace. This is another way of them looking for signs of faking or malingering. Don’t talk about your accident or injuries on social media.
- Giving medical authorization
The opposing insurer will be looking for an old injury to the same part of the body that you injured in this accident. Even if you had such an injury several years ago, and you completely healed from it, the opposing insurer will try to argue that you are already damaged goods. Never give medical authorization without talking to an auto accident attorney first.
- Giving a statement
Don’t give a written or tape-recorded statement to the opposing insurer without one of our lawyers being present on your behalf. The person taking the statement will try to get you to contradict yourself. Your statement can be used against you in the future as a prior inconsistent statement in an attempt to blemish your credibility.
Never try to represent yourself in an auto accident case. The opposing insurance company will have you right where it wants you. You’ll make mistakes without realizing that you made them. The opposing insurer will use those mistakes against you in the future. Contact our offices immediately after being injured in any motor vehicle accident for a consultation with an experienced Car Accident Attorney in Savannah GA