How to Know If You Have a Personal Injury Case in Auto Accident


Being a victim of a car accident does not guarantee that you will have a successful personal injury case, even if you believe that you were not, without a doubt, at fault. There are some things that must be collected, presented and tested by the Personal Injury Lawyer Champaign in order to establish your accident case for success and obtain the recoveries you deserve.

Proof that the other driver was negligent.

The first step in determining the validity of your claim, you must first prove that the other driver was operating your vehicle with negligence. If it can be shown that the other driver was being negligent while operating your vehicle, you will be one step closer to success in convincing the Criminal Lawyers Champaign Illinois.

Examples of reckless driving include: speeding, passing a red light or stop sign, not giving way to a pedestrian, not turning on the headlights while driving at night, texting while driving, driving without glasses or prescribed contact lenses required, driving under the influence of drugs or alcohol, etc.

Proof that negligence was the cause of the accident.

Next, you have to prove that the negligent driver was the cause of the accident. While the victim of the accident may seem short and dry, there may be circumstances in which the victim contributed to the cause of the accident, without knowing it. For example, if there was an accident caused by a negligent driver passing a red light, but the victim did not wear the prescription glasses required to drive (and therefore could not see the car to avoid it), it is not partial fault involved.

How long does it take to process a personal injury case and receive compensation?

The time required to process a claim for personal injury, it usually depends on the time the person requires medical treatment due to their injuries. Once medical treatment is concluded, medical records must be obtained and provided to the insurance company that is evaluating the claim, after which negotiations may begin. This negotiation process usually takes 3 to 6 months once the medical treatment is finished.

If an issue is complicated (i.e. there are questions about who is at fault for the accident or incident or if the injuries were caused by the accident or incident), more time may be needed to conclude the case. The same happens if a demand is filed, since the duration will be subject to the calendar and programming of the court.

What do I do with the medical bills I receive as a result of the accident?

There is usually coverage for medical expenses by the insurance companies that are involved. For example, many states require a “no-fault” provision included in motor vehicle insurance policies that provide coverage for medical expenses.

Keep in mind, however, that there are often limits on the amount of medical expenses that will be covered. Any medical bills not covered by this provision will be presented to your health insurance provider and will be subject to the co-payments, deductibles and limits of your health insurance.

It is also very important to understand the provisions of your health insurance coverage, since many health policies require the person to reimburse the health insurance company for expenses incurred as a result of an accident, once compensation is received.


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