The Barnes Firm Injury Attorneys

If you don't call the police after an accident in situations where there's been an injury or death, you may face fines, a license suspension, or even jail time. It's always better to report the accident and let the police make the determination as to whether a police report is needed. Additionally, the police report is proof that the accident happened, and it'll help identify who's involved. The police report will also list witness information and other pertinent information that you may later need when you file a personal injury claim.

It's best to make a police report IMMEDIATELY after the accident while you're still at the scene in order to preserve all evidence and so that the police can take statements from any witnesses to the accident. In some states, if the car accident resulted in an injury or death, you must notify your local police department within 24 hours.

If a police report was made at the time of the accident, then yes, you can get a copy of the police report directly from the department that made it. Most police departments DO charge a small fee for a copy of the report. Depending on the agency that made the report, it can take anywhere from 7 days to four weeks for the department to finalize the report. If there's a fatality, then it can take even longer.

How quickly you get paid for lost wages really depends on a number of factors. If you have disability benefits from your employer or other insurance policies, or you were hurt on the job and are entitled to worker's comp benefits. Then you may get some lost wage benefits within weeks of your accident. If you were in a car accident that was not your fault, then you can file a claim to try to recover lost wages. Unfortunately, any recovery for this will generally be part of your total settlement, and payment won't be made until the personal injury claim is completely resolved.

Every personal injury case is different. Some cases have minor injuries and clear liability, and other cases have catastrophic injuries and complex liability. Of course, a settlement requires consent from everyone involved. So if a defendant’s insurance company makes an offer, and you think the amount is too low, then you'll need to go through litigation which can take a year or two, if not longer. Typically, the most important factors in settling a case are how long you require medical treatment and how much insurance coverage the at-fault party has. If there's little treatment or minimal coverage, then cases can settle within a couple of months, but If the injuries are catastrophic and there's plenty of insurance coverage, then cases may have to go to trial, which could take several years. But again, every case is different so there's no set schedule on how long a settlement can take.

If you're in a car accident that's not your fault, you can make a claim for lost wages, which includes any time off of work you needed for recovery. But if the at-fault party is uninsured, then you might need to rely on your own car insurance policy if it includes uninsured motorist coverage. Note that any missed work must be due to accident-related injuries that are medically documented, and the amount of any lost wages must be independently verifiable.

If you want to receive disability benefits after a car accident, then you need to apply and your claim must be supported with the appropriate documentation. But there's no specific requirement that you apply for disability benefits. You may instead elect to use paid sick days, vacation time, or unpaid leave.

If you're in a car accident that's not your fault, then the other driver will be responsible for any lost wages. However, you must prove any missed work is due to the injuries you suffered in this accident, and the amount of any lost wages must be independently verified.

There's no specific formula used to calculate pain and suffering, and legal professionals generally rely on the results of similar prior cases. Insurance companies use several factors to evaluate a claim for pain and suffering, including the nature of the injuries sustained, the amount of your medical bills, the extent of the property damage to the vehicles involved, whether there are pre-existing conditions or other issues regarding your accident. The amount any one person receives is case specific and depends on that individual’s loss of enjoyment of life, the limitations and restrictions they have and the overall impact the accident has had on their life. Ultimately, the value of an individual’s pain and suffering is case specific. So if an insurance company undervalues that amount, then the injured victim has the right to take their case to trial.

The short answer is, no. In most personal injury claims, there are two categories of damages: special damages and general damages. Special damages include those items that have a specific dollar value such as past and future medical expenses, and past and future loss of earnings. General damages on the other hand, are awarded for items that don't have a specific dollar amount. These include pain and suffering, emotional distress, and loss of enjoyment of life. So while an award for pain and suffering would not include medical bills, they do fall under special damages, and you can be compensated for it.

Generally, personal injury settlements, including compensation for your pain and suffering, are not taxable in California or federally. However, you may be required to report any settlement proceeds on your tax returns, and you should consult with a tax expert prior to filing your taxes.

Generally speaking, any lawsuits filed after the expiration of the applicable statute of limitations would likely be dismissed. You should speak with an attorney to determine what the applicable deadlines are for your specific situation.

Deciding on which type of doctor you need after a car accident depends on multiple factors including what your symptoms are, where they are located and their severity. If you have life-threatening injuries then you should go to an ER immediately. Otherwise, you may want to consider going to an Urgent Care, or make an appointment with your family doctor, an appropriate specialist, or a chiropractor.

Typically, if you have health insurance it "will" cover an ambulance bill after a car accident. You may also have med-pay coverage through your car insurance policy that can be used to pay for any medical bills. Ultimately, if you're in a car accident that is NOT your fault, then the at-fault party will be legally responsible for any reasonable and necessary medical bills including ambulance bills. However, you should note that if your health insurance or med-pay coverage (or anybody else) pays for those bills first, then they'll likely ask to be paid-back using the recovery you receive in a personal injury case.

If you're injured in a car accident, then you should seek medical attention immediately. It's important to communicate all of your symptoms so that your medical providers can quickly and accurately diagnose and document any injuries that you might've sustained.