Have you been involved in a car accident that DID NOT result in any apparent injuries? You may be surprised to learn that in many “injury-free” accidents, victims discover upon an MRI or CT scan that they have suffered a low-grade concussion. In fact, concussions are known to occur in accidents at speeds as low as 7 mph and can be tricky to recognize without an examination. This can be especially true when brain fog or confusion affects your faculties as you try to work through the insurance claims and manage the rest of your daily life. After any accident, whether you believe you have suffered injuries or not, it is absolutely essential for you to see a doctor and get tested for a traumatic brain injury.
Concussions have been referred to as “silent killers” for a long time, simply due to the fact that they are easy to ignore or downplay. Even a low-grade concussion, however, can have a significant, lasting impact on a victim if left untreated. Many people who suffer from these minor concussions do not realize they are injured. In fact, 90% of people who get scanned for a TBI following a low-speed collision are shocked to discover they have symptoms of a concussion they would have otherwise not recognized in themselves.
Symptoms of a low-grade concussion include things like headaches, ringing ears, nausea, vomiting, blurred or strained vision, difficulty sleeping, and difficulty focusing. Many times, these symptoms can be downplayed or written off as “accident-related stress,” when in reality, you are suffering a serious injury that requires medical care. A traumatic brain injury can have a serious impact on your quality of life, so don’t dismiss an accident as “not causing an injury” simply because you do not have visible wounds.
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If you have been involved in a car accident and you have not suffered from injuries, you may be wondering if you have a right to file a lawsuit or about the type of compensation you are able to seek from the car insurance company. The first step is understanding the difference between a personal injury lawsuit and a lawsuit for seeking damages to property. There are a few basic guidelines that need to be met in order for someone to file a personal injury lawsuit, which we will discuss below. If your situation does not meet these guidelines, then you will hopefully be able to avoid dealing with a lawsuit, but there are circumstances that do require someone to take legal actions in order to recover compensation no matter what.
1-800-Injured is a referral network that enables the victims of car accidents to get in touch with aggressive, experienced personal injury attorneys who will fight to ensure that their clients get the help that they deserve and need. Contact us today if you are unsure of your options, or would like to take advantage of a free initial consultation to learn more about how you can benefit from working with an attorney after your accident.
WHAT ARE THE REQUIREMENTS FOR A PERSONAL INJURY LAWSUIT?
There are a lot of details that go into building and pursuing a personal injury lawsuit, but there are some basic requirements that need to be met in order to determine whether or not you are legally able to move forward with the process. The following factors MUST be present in your accident in order for you to seek personal injury damages:
- You were in an accident caused by someone else’s actions that put you in harm
- There were injuries that resulted from the accident
- The injuries resulted in measurable damages
If your accident does not have all three of these requirements, you will not be able to seek damages in a personal injury lawsuit. However, there are other situations that may require legal action in order for you to collect the compensation that you are rightfully owed.
SEEKING COMPENSATION AFTER A CAR ACCIDENT WITH NO INJURIES
Even if there were no injuries sustained in the car accident that you were involved in, it is extremely likely that there was damage done to your property. Even a minor fender bender can cause a significant amount of damage to a vehicle, and you will need to work with the other driver’s insurance company in order to get compensated for the repair or replacement costs. But what happens if the other driver is uninsured or underinsured?
Collecting Damages From an Uninsured or Underinsured Driver
If you are attempting to get compensation from the other driver and you discover that they are either uninsured (as 1 in 4 Florida drivers unfortunately are), or underinsured (as millions more are), you will need to seek alternate options to get the money you deserve. If you carry UM (Uninsured/underinsured motorist) insurance, then you will be able to go directly through your own insurance company up to your policy limit.
In other cases, you may need to seek compensation from the other driver or their insurance company in the form of a lawsuit. This lawsuit is very different from a personal injury lawsuit, because it is seeking damages for property, and not physical and emotional injury.
SEEKING COMPENSATION WITHOUT A LAWSUIT
If all goes well, you will be able to work directly with the other driver’s car insurance company. The agent that you work with will be able to give you a list of steps that you will need to take in order to determine the amount of money that you need to get in order to compensate you for the costs of your damage. This could include having the work done to your vehicle, damages to any other personal property that you had in the vehicle, and in some cases even the replacement cost of your vehicle.
Even if you do not believe you will need to take the other driver or insurance company to court over the damages to your personal property, it is always a good idea to work with an experienced car accident attorney in order to make certain that you are getting all of the compensation that you need and that all steps are taken properly to ensure that you are moving along at a good pace. Contact the team at 1800-Injured today in order to go through an initial consultation so that we can understand your needs and connect you with an attorney who will be able to help you navigate this process with the best chance of success.