Dedicated Representation for Car Accident Victims
When you’re injured in a vehicular collision, you should consult a Washington, DC car accident lawyer as soon as possible. Negligence or wrongdoing may have been a factor in the collision, which means you might be able to collect monetary compensation.
Table Of Contents
- Dedicated Representation for Car Accident Victims
- Types of Damages You May Recover
- Washington Car Accident Laws
- Washington Car Accident Infographic
- Washington Car Accident Statistics
- Washington Car Accident FAQs
- The Law Firm of Frederick J. Brynn, P.C., Washington Car Accident Lawyers
- Contact Our Washington Car Accident Lawyer Today
The Law Firm of Frederick J. Brynn, P.C., understands the tremendous repercussions of car accidents. Apart from the physical pain, medical bills, and lost income, it may also have a tireless impact on your life. We are passionately driven to fight for our clients’ rights. Equipped with years of legal experience, we remain attentive and focused on each case while seeking maximum damages.
4 Basic Components of Negligence in A Car Accident
Suffering an injury is never something you expect. When a plaintiff brings a personal injury claim, they must show that the defendant’s negligence caused the injury. To do so, a plaintiff, or their car accident lawyer in Washington, DC on behalf of them, must prove these four elements exist in a lawsuit.
The Defendant Had a Duty of Care To Perform
As our car accident lawyer might explain, a duty to perform can be best summed up in the following way: The plaintiff had a reasonable expectation that the defendant would act responsibly in performing the action that ultimately led to the injury. This relationship between reasonable expectation and duty of care is something that can be legally mandated or implied by the activity the two were engaged in – in this case driving. For example, a driver is expected to obey safety control devices, thus, a duty to perform while operating a vehicle.
The Defendant Breached Acted in Violation of the Duty
When an accident happens due to negligence, the duty of care has been breached in some way. A drunk driver operating a motor vehicle blatantly violates the implied duty of care when on the road. In this case, your lawyer may not only pursue legal damages, but the police could file charges against the drunk driver.
The Defendant Caused the Injuries
The third element in proving negligence is that the defendant must have caused the injuries to the plaintiff – either directly or indirectly. In the case of a car accident, if the plaintiff suffered any injuries because of the driver’s negligence, and this can be proven through medical records, your lawyer may be able to obtain monetary compensation.
The Defendant Owes Financial Compensation
When a person is injured, it can cause wide-sweeping effects. The most obvious is the financial repercussions of an injury. Medical care, acute or ongoing, often adds up to an enormous amount of bills. If the plaintiff cannot work while recovering from an injury, there is a loss of income. Damages are calculated by the sum of all the elements lost by the plaintiff due to the negligent party. In a personal injury lawsuit, the goal is to recover not only what was lost in the past, but also what might be needed in the future.
Types of Damages You May Recover
If you were injured as a result of someone else’s actions, it may be a good idea to file a personal injury claim lawsuit against that individual. You are, in general, guaranteed the right to compensation if he or she was responsible for causing your injury. Before you file, however, you should have a basic understanding of what a personal injury claim entails. Part of a claim will regard damages. This guide will go over the three types of damages, which are essentially the types of compensation someone may receive in a personal injury case.
Special Compensatory Damages
Despite their name, special compensatory damages are the most basic type of damages. This type of damage refers to any losses that have an objective monetary value. For example, if you can say that a loss is worth exactly $1,000, or any other exact value, then it likely falls into this category. The most common type of special compensatory damages in personal injury lawsuits are hospital bills, but it can also include damage to property, medicine costs, lost paychecks, or future loss of earning ability.
General Compensatory Damages
This type of damages is a little more complicated. General compensatory damages account for all losses that do not have a specific monetary value. For example, pain and suffering fall into this category. If you suffered physical pain due to the injury, then you may be compensated for that suffering. Because general compensatory damages do not have an objective value, the judge or your lawyer will be the one to decide what the monetary value of your suffering is. For example, if your case goes to court, the judge may decide that the physical pain you had to experience is worth exactly $500. The defendant would then have to pay you $500 in addition to any special compensatory damages. In addition to physical pain, emotional pain, loss of the ability to move or function, or even divorce can be listed among the general compensatory damages assuming they are the direct result of the injury.
Punitive Damages
This type of compensation is inherently different from the other two. Instead of compensating you for your losses, punitive damages are assigned strictly to punish the defendant. Punitive damages are rare in personal injury lawsuits. Typically, a car accident lawyer in Washington DC will only seek these damages when the defendant acted maliciously or especially irresponsibly. For example, if the defendant knowingly drove while drunk and caused injury, the judge may order the defendant to pay punitive damages to the plaintiff.
Washington Car Accident Laws
Our lawyer can help you navigate the legal landscape after your crash or collision. It’s crucial to understand the specific laws that govern these incidents to ensure your rights are protected. Fortunately, our team of car accident specialists can guide you through your next steps.
- Contributory Negligence Rule
One of the most significant laws in Washington DC regarding car accidents is the strict contributory negligence rule. This rule states that if you are even 1% at fault for the accident, you cannot recover any damages from the other party.
- Statute Of Limitations
In Washington DC, you have a specific time frame within which to file a lawsuit for damages resulting from a car accident. The statute of limitations is generally three years from the date of the accident. Filing beyond this period typically results in the dismissal of the case, highlighting the importance of timely action and consultation with a car accident lawyer you can trust.
- Auto Insurance Requirements
Washington DC requires all drivers to have auto insurance. The minimum coverage includes bodily injury liability of $25,000 per person–and $50,000 per accident–and property damage liability of $10,000. Additionally, drivers must have uninsured motorist coverage. Failure to carry the required insurance can result in fines and license suspension. Understanding these requirements is essential, and a lawyer can help clarify how they affect your case.
- Reporting The Accident
If the accident results in injury, death, or significant property damage, it must be reported to the Metropolitan Police Department. This is crucial as the police report can serve as vital evidence in your claim. Prompt reporting also ensures that all relevant details are accurately documented.
- Dealing With Insurance Companies
In the aftermath of an accident, dealing with insurance companies can be daunting. Insurance adjusters often aim to minimize payouts, and without legal representation, you might settle for less than you deserve. A knowledgeable car accident specialist can negotiate with insurance companies on your behalf, aiming to secure fair compensation that covers all your damages.
Washington Car Accident Infographic
Washington Car Accident Statistics
According to statistics from the Centers for Disease Control and Prevention, in 2018, more than 40 people were killed in vehicle accidents in the District of Columbia. This loss of life amounted to $65.7 million total in financial costs – approximately $0.5 million in medical expenses and $65.3 million in work loss costs.
If a driver engages in bad driving behavior, such as distracted driving, fatigued driving, or driving under the influence, their risk of being involved in a crash spikes dramatically. If you find yourself involved in a crash with a driver like this, or any other type of car accident, there are several steps you should take in order to preserve your right to pursue damages against those parties that are responsible.
Washington Car Accident FAQs
Each claim is inherently unique. The preeminent factors that caused a crash may depend on various circumstances, which can be assessed by our car accident lawyer. During a free consultation, The Law Firm of Frederick J. Brynn, P.C., may talk to you about your case and advise you on your legal options. To gain a basic understanding of car accident claims and their relevant laws, please consider the following common questions and answers:
What steps should I take after a car accident?
Although we hope we will never be involved in a crash, a car accident lawyer in Washington DC knows that studies show that the average driver will be involved in at least one vehicle accident every 20 years or so. This means that if you start driving when you are 16 years old, you could be involved in at least three accidents.
When is the right time to contact a car accident lawyer Washington DC drivers count on?
Seeking medical care should be a priority. Once you have done so, you may want to consider consulting with a lawyer, especially if negligence or wrongdoing was a factor in your crash. Due to a statute of limitations, which may limit how much time you have to file a claim, time is of the essence. The sooner you contact a lawyer, the more time you may have to prepare a strong case.
Will my case settle out of court or go to trial?
Without speaking to you in further detail, it is impossible to know whether or not your case will be settled out of court. Your lawyer may aim to communicate with the insurance carriers involved, or with their lawyers, to negotiate and settle. If your case does go to trial, we will diligently fight for your rights.
What compensation is available for a car accident?
Before determining how much compensation you might receive, your lawyer may analyze the extent of your injuries, the overall damages you suffered, and the underlying cause of the collision. Using this information, a lawyer could determine a fair figure to amount to your total losses. Some examples of potential compensation include past and future medical expenses, loss of income, emotional anguish, physical pain and suffering, punitive damages, wrongful death, and more.
I’ve been contacted by the insurance carrier. Should I speak to them?
It’s often recommended to politely decline some communication requests from an insurance carrier or other party’s lawyer. You may be asked an assortment of questions about the incident and be offered an unfair settlement based on this conversation. Before signing or agreeing to anything, you should contact your car accident lawyer.
Who will pay me for my damages?
That depends on whether the at-fault party had car insurance. If they did, then their insurance company will put an insurance adjuster on the case who is responsible for determining the amount that they should pay you. However, if they were not covered by insurance, you have to decide whether you will file a claim with your insurance company or file a lawsuit against the responsible party for negligence. While it is illegal to drive without insurance, it is unfortunately common. The person may not have been able to afford insurance. In this case, filing a lawsuit against them might not result in much compensation.
How do insurance companies determine compensation?
If an insurance company is involved, they will put one or more insurance claims adjusters on your case. The issuance adjuster collects evidence and uses that to determine how much the insurance company should pay you. In an ideal world, this amount would reflect the amount of damages you incurred, but in fact it often is a lot less than this. Insurance adjusters are often encouraged to recommend smaller amounts to protect the insurance company’s bottom line. Paying claims reduces the amount of profit that an insurance company generates. As a result, insurance companies don’t have an incentive to pay what is warranted.
An insurance adjuster will consider factors like the extent of the property damage in a car accident, whether you suffered personal or mental injury, and the limits of either that at-fault party’s or your insurance policy. There is no hard and fast rule for how a claim is calculated, and having a lawyer on your side can help you advocate for costs the adjuster may not have considered or for higher payment. Make sure that you hire a car accident lawyer in Washington D.C. that you can trust. Set up a consultation now with The Law Firm of Frederick J. Brynn, P.C.
The Law Firm of Frederick J. Brynn, P.C., Washington Car Accident Lawyers
922 Pennsylvania Avenue SE, Suite 100 Washington, DC 20003
Contact Our Washington Car Accident Lawyer Today
The Law Firm of Frederick J. Brynn, P.C., knows how devastating a car accident can be. If you or a loved one has suffered from an unexpected collision, you have legal rights and options. To schedule a free consultation with our Washington, DC car accident lawyer, please call our office today.
Client Review
“Mr Brynn did a good job but i was told my case would stay open because a bill was paid out of my settlement that shouldnt have been paid. But he did such a good job that once again I’m using his services”
Sharon Douglas