Many people look at the damage to their cars when deciding the seriousness of a car crash. If you don’t see much damage to your vehicle, you may think that your injuries are nothing to complain about or that you may have even received the injuries from something else. Your injuries should always be the main focus of any car accident lawsuit, and you should judge the seriousness of your crash by the effects that you face, not your car. For help getting compensation for injuries from a minor car crash, call Ken Kieklak, Attorney at Law today. Our Arkansas car crash attorney may be able to help you file a lawsuit and seek compensation for injuries from a minor collision.
Suing for Injuries After a Fender-Bender
Low-speed collisions and minor fender-benders are some of the most common types of car accidents. Not every car crash totals a vehicle or causes substantial, visible damage; the vast majority of car accidents are minor. However, though the crash might be “minor” and the damage to the vehicles might be negligible, you may still be entitled to file a lawsuit for your injuries.
Injuries from a minor car accident can still be quite severe. Whiplash is one of the most common car accident injuries, and it frequently occurs in low-speed, rear end collisions that take place in parking lots or on local roads. Back injuries are also incredibly common in these types of crashes.
Both of these injuries are perfect examples of injuries that people may underestimate the seriousness of, just like they underestimate the seriousness of the crash. Whiplash and back pain may not be obvious until the next day after a car crash. This means that when you wake up, you may blame it on sleeping funny or simply developing back issues rather than the car accident. Typically, you can still link this type of injury back to the car accident that caused it and sue for damages.
When you file a lawsuit for car accident injuries, you should be entitled to claim any damages you faced because of the crash. Even if the injuries didn’t appear until the next day, you can still show that they were related to the car crash if you didn’t do anything that would have injured you between the crash and the discovery of the injury.
Just because the injuries you faced are more severe than the crash appears to be does not invalidate your injuries. Many cases of whiplash or back injuries can lead to debilitating, ongoing pain and suffering. These can also make work or physical tasks impossible and could lead to lost wages the at-fault driver should pay for. If you had preexisting injuries or conditions that the car crash exacerbated, the at-fault party should also be liable for this harm. Just because the injuries are worse than expected does not alleviate the at-fault party of the responsibility for the harms you suffered.
Should I File an Insurance Claim for a Minor Collision?
Many car accident victims believe that if the damage to their vehicle was minor, they should just take the case to their insurance company. Once again, it is important to gauge the severity of your case by looking at your injuries, not your vehicle damage. While insurance may be able to pay for minor damages and filing a lawsuit for the cost of a new bumper alone may not be worth it, you should always talk to a personal injury lawyer about the potential damages you could get from a car accident injury lawsuit.
Auto insurance claims in Arkansas are paid by the at-fault party’s insurance. This means that if you were the victim of a crash, you should not be made to pay for your own injuries. However, insurance policies may limit the types of damages you receive and the potential payouts. This means you may not get coverage for pain and suffering after a car crash – which could be the biggest part of your injury lawsuit. It also means you might receive coverage for only a percentage of your medical bills and lost wages, depending on the terms of at-fault party’s insurance policy.
Every driver in Arkansas is required to carry minimum levels of insurance, but these might not be enough to cover your needs. Arkansas insurance minimums require policies to cover at least $25,000 per person for injury, $50,000 per accident for injury, and $25,000 per accident for property damage. Additional personal injury protection (PIP) coverage on your own policy may also pay damages for your own medical expenses if your policy has PIP. However, filing a lawsuit may be the best way to maximize the damages you seek.
Even if you believe you were in a “minor” car accident” you should still talk to an attorney to see if you might be entitled to higher damages through a personal injury lawsuit. Do not accept any payouts from an insurance company until you talk to your lawyer.
Fayetteville Arkansas Car Crash Lawyer Offering Free Consultations
After a car accident, call Fayetteville AR personal injury lawyer Ken Kieklak. We offer free, no-obligation consultations to help you understand what your car accident claim might be worth if you take your case to court. To schedule your free consultation, contact us online today or call us at (479) 316-0438.
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